Planning permission and development management
Development management is the process that regulates the development and use of land and buildings.
It involves the handling and determination of planning applications, enforcement action where breaches of control have occurred, and the provision of information and advice about the system generally and individual proposals specifically. It is a process that most often directly affects individual members of the public. Its primary objective is to ensure that changes to our surroundings, buildings and land are right for their purpose and location.
Officers ensure that development reflects the planning policies of the council contained in the development plan, and takes account of the views of those who may be affected by proposals. A framework for development is currently set out in the Chesterfield Borough Council Local Plan; Core Strategy. Planning applications are considered against this document but also against any other material planning considerations.
Most new developments require planning permission. This can apply to small proposals like sheds, fences and conservatories, as well as bigger projects like building leisure centres, offices or new houses. Development also includes changes of use such as from a restaurant to a shop or a shop to a dwelling.
Starting any development without planning permission can mean the council may have to take enforcement action to stop the work. The council should be contacted before starting any work and we will advise you on whether your proposed development will require permission.
Development management comprises a development management and conservation manager, a principal planner, two planning officers, an enforcement officer and two planning technicians. A conservation officer, tree officer and an urban design officer also form part of the team. The urban design function is part of a joint unit shared with Bolsover District Council.
Officers are available between 8.30am and 5pm Monday to Thursday and 8.30am and 4.30pm Friday to assist members of the public. However, it is advisable to make an appointment as officers are often out of the office on sites or at meetings.
Planning Reception 01246 345 811
Development Management & Conservation Manager 01246 345 781
Principal Planner 01246 345 786
Planning Officers 01246 345 787 / 345 785 / 345 580
Technicians 01246 345 351
Enforcement Officer 01246 345 783Enforcement Technician 01246 345 243
Tree Officer 01246 345 791
Urban Design Officer 01246 345 795
Planning application advice
There are three types of planning application.
Outline: The purpose of such an application is to establish the appropriateness of the principle of a particular development without becoming involved in the expense of preparing detailed drawings. If approved, conditions are normally attached setting out what details are required to be approved in a further submission known as a reserved matters application.
Reserved matters application: Following the grant of outline permission, a reserved matters application must be submitted within three years for approval. This will provide all the details that were not shown at the outline stage.
Full application: All details of a particular proposal are submitted at the outset. Most extensions and all changes of use are dealt with in this manner. Once granted, a permission remains valid for three years.
Other types of application
Listed building consent: This is required if the proposal involves the alteration, extension or demolition of a listed building. The requirement for listed building consent is relevant to internal as well as external alterations. No fee is involved.
Conservation area consent: This is required if complete demolition of an unlisted building in a conservation area is proposed. No fee is required.
Advertisement consent: Signage is controlled under the advertisement regulations and many signs require an application.
How do I make a planning application?
Planning applications can be submitted online via the Planning Portal: www.planningportal.gov.uk
Alternatively, forms and guidance notes are available to download from the council’s website via the Planning Application Forms link, and you can submit an application direct to the Council. The relevant form should be submitted with four sets of plans. The plans and drawings must be drawn to a recognisable scale and should clearly illustrate the proposed development.
In most cases there is an application fee and an ownership certificate that must accompany each application. If you are not the owner of the application site, it is necessary to serve notice on the owner of any part of the land to which the application relates. In addition, if the land is an agricultural holding it is necessary to formally notify the tenant.
When an application is received, it is allocated a number and examined to make sure it is complete. A case officer will be assigned to the application. If the application is incomplete or invalid we will inform you of the reasons and give you an opportunity to rectify problems.
Please note: In accordance with planning legislation your name and address on a planning application will also be published on the internet. This does not contravene data protection legislation.
Can I get help completing the form?
Yes. If you contact the development management team, we’ll make arrangements that are suitable to help you complete the form, identify the submissions required, work out the fee and advise on any other permissions (for instance, contact with building regulations) that you may need.
Can I discuss my proposal?
We welcome and promote pre-application discussions so that we can give you an opinion as to what the likely issues will be and whether you are likely to get approval for your proposals.
If you would like to begin pre-application discussions, your initial enquiry should be made in writing to the development management and conservation manager. You can either email your enquiry to email@example.com or write to the development management team at the Town Hall, Rose Hill, Chesterfield, Derbyshire, S40 1LP.
How are decisions made?
Once the application has been checked and been accepted as being complete, the application is registered and an acknowledgement is sent out to the applicant or agent if applicable. The application is entered onto a public register. The council has a duty to consult a variety of people about the proposals so that their views can be taken into account when the application is formally considered. These may include the parish or town council, owners and occupiers of neighbouring properties, and other appropriate bodies (for example the Highway Authority, the Wildlife Trust or the Environment Agency).
Depending on the proposal, some applications are also advertised on site and in the Derbyshire Times. We will allow 21 days for comment on applications. However, any comments received before the application is decided will be taken into consideration. The extent of consultations depends on the nature and complexity of the application.
Once replies to consultations have been received and the case officer has visited the site, the officer may wish to discuss the application with you to seek additional information or suggest improvements. When the process is complete a decision will be made on the application.
How can I view an application and make comments?
Submitted applications can be viewed at the Customer Contact Centre in Chesterfield. Full details of submitted applications are also included on the council’s website and can be viewed via the link on the left hand side of this page entitled Search Planning Applications, by entering the full planning application reference number.
Anyone can make comments on a planning application by writing to the development management and conservation manager at the Town Hall, Chesterfield, or by emailing your comments to firstname.lastname@example.org. It is however a good idea to look at the plans before you make your comments.
Applicants and objectors have the right to speak at committee if the proposal is to be considered at the committee. Anyone wishing to speak at committee must request this in writing and further information on speaking at planning committee and planning committee procedures are available in separate leaflets on the council's website.
Applications are required to be dealt with in accordance with the policies of the development plan, unless material considerations dictate otherwise. In order to prevent unnecessary delay many decisions are delegated to officers. Only the most controversial of proposals are reported to planning committee. This helps the council meet the eight-week performance targets set by the government and gives more time for officers to assess the more controversial applications.
Planning committee meets every three weeks and applicants and objectors are informed in advance if an application is to be considered by committee. The committee is made up of 17 members and they have full authority to determine all matters presented to them.
How do I find out about a decision?
When the application has been determined, a decision notice is issued that will either grant permission, probably with conditions, or refuse permission. Reasons for the decision are given whether the application is approved or refused.
The third parties will be informed of the outcome in writing or they can find out a decision by contacting Planning Services on 01246 345 811, or by looking at the Search Planning Applications section of the council's website.
Permissions have to be implemented within three years of an approval and if works do not commence the permission will have to be renewed in a further application. The council does not have to renew the permission and must take account of any new factors which may affect the proposal. Before commencing any development the applicant should ensure that conditions of the permission have been complied with and that all necessary approvals such as building regulations have been obtained.
If an applicant is not happy with the council’s decision, there are a couple of options:
- Changing the design or layout of a proposal. The applicant is entitled to resubmit an application on the same site and for the same description within 12 months of a refusal without having to pay another planning fee.
- An appeal, which can be lodged against either a refusal or conditions of an approval.
Appeals must be lodged with the planning inspectorate within six months of the decision date, within two months for refusals of advertisement consent or within 12 weeks for refusals of householder schemes. Only the person who made the original application can appeal and there is no right of appeal by an objector against the grant of permission.
There are three types of appeal process. The most common is by written representations, which is also the quickest. The appeal is decided on the basis of an exchange of written submissions from the council and applicant and a site inspection by an inspector. An informal hearing process or an inquiry are both conducted by the planning inspectorate. There are legal procedural rules for an inquiry but a hearing is more informal and usually involves more of an open discussion led by an inspector.
Forms for making an appeal can be obtained from the planning inspectorate at Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN, or from the inspectorate’s website at www.planning-inspectorate.gov.uk.