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View Planning Applications at Amber Valley Here
I HAVE COMMENTED ON A PLANNING APPLICATION. WHAT HAPPENS NOW?
SOME OF YOUR QUESTIONS ANSWERED
Q1. I have made comments on a planning application. What happens now?
A. If you have made comments on an application, the Case Officer will take them into account when forming a recommendation on the application.
Q2. Are all applications reported to the Planning Board?
A. No. Most applications are determined by the Executive Director (Operations) in conjunction with the Chairman of the Planning Board, acting under Delegation, without going to the Planning Board. The Planning Board will only consider proposals falling into the following categories: -
Decisions on proposals that, in the opinion of the Executive Director (Operations) or the Chairman of the Planning Board are of significant public interest and/or would have a major impact on the environment or should otherwise be reported to Members.
Q3. Are my comments confidential?
A. No. By Law, under the Local Government (Access to Information) Act 1985, your representations cannot be confidential and will be kept on file. The contents of letters about applications must be made available to the applicant(s), the public and the press, and may be copied. If you wish to reconsider your comments because of this, please let the Executive Director (Operations) know urgently.
Q4. Will there be further contact with me?
A. No, not normally. Due to the large number of comments received and questions raised about planning applications, regrettably the Council cannot enter into individual discussion or correspondence. The Case Officer will seek to resolve any fundamental questions and concerns that you may have raised. This will be done either through negotiated amendments and conditions or addressed in a recommendation to the Planning Board. Whatever the case you will be advised of the decision.
Q5. If the application is changed will I be notified?
A. Yes. But only if the change is significant. Where possible Case Officers will try to negotiate improvements to resolve objections. If you are re-notified, you will be able to make further comments, or withdraw objections.
Q6. Where and when can I see the Report of the Director of Borough Development?
A. Reports are available on the Council’s Website at www.ambervalley.gov.uk 7 days prior to the Planning Board meeting. A hard copy of the agenda is also available to view at the Council Offices. If the Planning Board Report raises issues upon which you wish to comment you will need to provide your comments before 5.00 pm on the Thursday preceding the Planning Board meeting. Comments received after this time will not be considered.
Q7. May I obtain a copy of the Report of the Director of Borough Development or details of the application?
A. Yes, but there is a charge for each document copied if this is done at the Council’s offices.
Q8. When does the Planning Board meet?
A. Once a month, in the Council Chamber, Town Hall, Market Place, Ripley. If you have made representations and the application is to be determined by the Planning Board, you will be notified in writing of the time and date of the Planning Board meeting.
Q9. May I attend and speak to the Planning Board?
A. You may attend and speak for three minutes about the planning application you have commented on. An area of seating is reserved for the public. Alternatively, a Councillor may speak on your behalf. Details of your local Borough Councillor(s) are included in the letter of acknowledgement.
Q10. How much will objections influence the decision on an application?
A. The Council’s decision will be based on Government Guidance, policies contained in the Amber Valley Borough Local Plan and relevant planning considerations. An application is normally approved unless the development is not in accordance with planning policy or it raises serious technical issues. Objections must relate to these factors in order to influence the decision.
Q11. Are all objections valid?
A. No. The Council is unable to, and will refuse to, consider private (Civil) rights, restrictive covenants, ownership, boundary or other legal disputes. In law there is no right to an unrestricted view from your property. Commercial competition and loss of property value are not relevant planning considerations.
Q12. Does the Planning Board always make the final decision on an application referred to it?
A. Yes, but a small number of applications may be referred to Full Council before a decision is made.
Q13. If I choose not to attend any meetings, how will I know when the decision has been made?
A. The Executive Director (Operations) will write to you shortly after the meeting and send you a copy of the decision. You will then have your rights, and those of the applicant, explained.
Q14. Can I obtain further help from the Council if I need to know more?
A. Yes, of course. The Development Management Team will try to help answer any remaining questions - please note, however, that the Council has only a limited time to determine each application. The Officer handling the case may not be readily available to discuss the application. If you require clarification of any issue, please make initial contact with the Technical Administration Team on 01773 841571 or e-mail [email protected]
SOME OF YOUR QUESTIONS ANSWERED
Q1. I have made comments on a planning application. What happens now?
A. If you have made comments on an application, the Case Officer will take them into account when forming a recommendation on the application.
Q2. Are all applications reported to the Planning Board?
A. No. Most applications are determined by the Executive Director (Operations) in conjunction with the Chairman of the Planning Board, acting under Delegation, without going to the Planning Board. The Planning Board will only consider proposals falling into the following categories: -
Decisions on proposals that, in the opinion of the Executive Director (Operations) or the Chairman of the Planning Board are of significant public interest and/or would have a major impact on the environment or should otherwise be reported to Members.
- Any application by the Borough Council or submitted by applicants on behalf of the Borough Council, or on Council-owned land.
- Any application by a current Member or Officer of the Borough Council.
- All applications where the Local Member of the Borough Council has, within 28 days of the start of the notification period made a request in writing to the Executive Director (Operations) that the application is referred to the Planning Board. If a local member is unable to act, another member nominated by them or by the Chairman of the Planning Board may act in their place.
- The approval of "Development and Design Briefs" in advance of development proposals.
Q3. Are my comments confidential?
A. No. By Law, under the Local Government (Access to Information) Act 1985, your representations cannot be confidential and will be kept on file. The contents of letters about applications must be made available to the applicant(s), the public and the press, and may be copied. If you wish to reconsider your comments because of this, please let the Executive Director (Operations) know urgently.
Q4. Will there be further contact with me?
A. No, not normally. Due to the large number of comments received and questions raised about planning applications, regrettably the Council cannot enter into individual discussion or correspondence. The Case Officer will seek to resolve any fundamental questions and concerns that you may have raised. This will be done either through negotiated amendments and conditions or addressed in a recommendation to the Planning Board. Whatever the case you will be advised of the decision.
Q5. If the application is changed will I be notified?
A. Yes. But only if the change is significant. Where possible Case Officers will try to negotiate improvements to resolve objections. If you are re-notified, you will be able to make further comments, or withdraw objections.
Q6. Where and when can I see the Report of the Director of Borough Development?
A. Reports are available on the Council’s Website at www.ambervalley.gov.uk 7 days prior to the Planning Board meeting. A hard copy of the agenda is also available to view at the Council Offices. If the Planning Board Report raises issues upon which you wish to comment you will need to provide your comments before 5.00 pm on the Thursday preceding the Planning Board meeting. Comments received after this time will not be considered.
Q7. May I obtain a copy of the Report of the Director of Borough Development or details of the application?
A. Yes, but there is a charge for each document copied if this is done at the Council’s offices.
Q8. When does the Planning Board meet?
A. Once a month, in the Council Chamber, Town Hall, Market Place, Ripley. If you have made representations and the application is to be determined by the Planning Board, you will be notified in writing of the time and date of the Planning Board meeting.
Q9. May I attend and speak to the Planning Board?
A. You may attend and speak for three minutes about the planning application you have commented on. An area of seating is reserved for the public. Alternatively, a Councillor may speak on your behalf. Details of your local Borough Councillor(s) are included in the letter of acknowledgement.
Q10. How much will objections influence the decision on an application?
A. The Council’s decision will be based on Government Guidance, policies contained in the Amber Valley Borough Local Plan and relevant planning considerations. An application is normally approved unless the development is not in accordance with planning policy or it raises serious technical issues. Objections must relate to these factors in order to influence the decision.
Q11. Are all objections valid?
A. No. The Council is unable to, and will refuse to, consider private (Civil) rights, restrictive covenants, ownership, boundary or other legal disputes. In law there is no right to an unrestricted view from your property. Commercial competition and loss of property value are not relevant planning considerations.
Q12. Does the Planning Board always make the final decision on an application referred to it?
A. Yes, but a small number of applications may be referred to Full Council before a decision is made.
Q13. If I choose not to attend any meetings, how will I know when the decision has been made?
A. The Executive Director (Operations) will write to you shortly after the meeting and send you a copy of the decision. You will then have your rights, and those of the applicant, explained.
Q14. Can I obtain further help from the Council if I need to know more?
A. Yes, of course. The Development Management Team will try to help answer any remaining questions - please note, however, that the Council has only a limited time to determine each application. The Officer handling the case may not be readily available to discuss the application. If you require clarification of any issue, please make initial contact with the Technical Administration Team on 01773 841571 or e-mail [email protected]
