Once validated, an application is allocated by one of our two Assistant Development Managers to a case officer according to which area of the borough the application relates.
Simultaneously, consultations are issued by the Technical Support team to appropriate internal and external consultees, neighbouring landowners and properties and we ask for all comments to be sent back within 21 days.
The application file will then be passed to the case officer who undertakes the following general process:
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Double check that the application is valid and that appropriate consultations have been sent out.
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Make a site visit to understand the context of the proposal, take photographs and display a site notice if required.
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Begin assessment work of the application in the office, including information gained from the site visit and responses from consultees/neighbours.
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Seek advice from team leader, consultees and other professionals where necessary.
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Request alterations to improve the application where necessary from the applicant/agent.
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If the changes are significant neighbours may be re-consulted, where it is considered necessary, allowing an additional 7, 10, 14 or 21 days to comment depending on the level of change.
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Write a report that assesses the development against the national and local planning policies and takes account of consultee/neighbour comments.
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Recommend to either grant planning permission subject to planning conditions or to refuse planning permission.
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Pass the report through to their team leader to be checked and report signed off.
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Issue a draft decision notice that is checked and signed off by the Development Manager.
Technical Support issue formal decision notice.
What will we consider?
The Local Planning Authority can only determine applications within the guidelines set by government. Comments on a planning application can only be taken into account if they relate to material (relevant) planning considerations. The most common of these are shown below (this list is not exhaustive):
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Statements of national planning policy (including Planning Policy Statements, Circulars, Orders. Ministerial Statements and Statutory Instruments etc).
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The Unitary Development Plan and (in the future) the Local Development Framework.
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Loss of light or overshadowing.
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Overlooking/loss of privacy.
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Visual amenity (but not loss of view).
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Highway safety.
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Design, appearance and materials.
We cannot take into account matters which are sometimes raised that are not normal planning considerations such as (this list is not exhaustive):
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The fear of loss of property value.
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Private/ownership disputes between neighbours.
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The loss of a view.
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The impact of construction work or competition between firms.
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Restrictive covenants.
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Personal morals or views about the applicant.
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Where other legislation imposes control e.g. Building or Fire Control or Health and Safety, etc.
Please note that the material considerations relevant to any particular application will need to be weighed in the final decision process according to their appropriateness and relative importance. Therefore, each case is considered on its own merits and “one size does not fit all”.
Making the decision
Approximately 90% of planning applications are determined under powers delegated to the Head of Development and Public Protection. However, major or controversial developments will usually be decided by the Planning and Development Committee. Gateshead Council aims to determine all minor/householder planning applications within 8 weeks, major developments within 13 weeks and 16 weeks for applications requiring an Environmental Assessment.
If less than 3 objections are received a delegated report is written to either recommend approval or refusal of the application that is signed of by the Assistant Development Manager and further checked by the Development Manager. For Planning and Development Committee decisions, again the case officer makes a recommendation that is checked by a team leader. However, the report is then presented to the members of the Planning and Development Committee and they take the decision to either agree with the recommendation or overturn it.
In either case the decision notice will then be issued to the applicant or their agent where instructed.
Approved applications normally have planning conditions attached and it is very important to check your planning conditions and comply with them or you may be liable to enforcement action or even invalidate your permission.
Planning applications that are refused permission will give reasons as to why it has been refused including the conflict with planning policy.
After the decision is made
Grant of planning permission
An applicant can make two types of amendments to an approved application:
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“non material” - We will evaluate very minor changes to a proposal within 28 days.
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“material” - For more significant changes you will be required to seek permission by varying condition 1 on your permission “development shall be carried out in accordance with the approved plans” by submitting revised plans to be considered as a new application.
Both applications for “non material” and “material” changes will attract a planning fee.
Refusal of planning permission
An applicant can appeal to the Planning Inspectorate within the following timescales:
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Within 3 months (12 weeks) for an extension to a dwelling.
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Within 6 months for all other development.
However, in many cases problems with an application can be resolved through discussions with the case officer before a final decision is taken on the application. One amended application can be submitted without charge within 12 months of the decision on the original application, commonly called “a free go” or “free resubmission”.
There is no third party right of appeal currently within the national planning system.