Statement of Community Involvement 2025

4. Involvement in Planning Applications

Image credit: Mohamed Khan, Pexels

4.1 Consent Types – Including Planning Applications

4.1.1 The Council's Development Management Team deals with approximately 5,000 applications each year. This includes applications for planning permission, listed building consent, tree preservation orders, advertisement consent and prior approvals. The Planning Portal is a useful source of information on planning related consent types. Planning has continued to evolve with certain types of development granted planning permission ('permitted development') through national legislation without the need to submit a planning application.

4.1.2 The National Planning Policy Framework (NPPF) continues to emphasise the importance of community involvement in planning decisions and the statutory requirement for publicising planning applications is set out in The Town & Country Planning (Development Management Procedure) (England) Order 2015, as amended.

4.1.3 In accordance with the NPPF, the Council expects applicants to consult with neighbours and those who may be affected by the proposals before seeking pre-application advice, and/or during the process. It is important that both the Council and the local community have an opportunity to comment on a scheme when they can to influence the scheme/proposals before its submission as a planning application.

4.1.4 Applicants and developers in particular should seek early engagement with the local planning authority on development proposals and where possible avoid pre-determining the outcome of the planning process through securing commercial arrangements in advance of securing planning permission which may undermine their ability to deliver policy and infrastructure requirements on a scheme.

4.2 Planning application process

4.2.1 The planning application process can be divided into three consultation stages:

• Pre application stage;
• Planning application stage; and
• Post application stage.

4.3 Pre-application Stage

4.3.1 The Local Planning Authority (LPA) encourages the submission of pre-applications enquiries for minor and major schemes prior to the submission of a formal planning application.

4.3.2 There are several benefits in seeking pre-application advice. This includes:

• Providing an understanding of the relevant planning policies and other material considerations associated with a proposed development.
• Working collaboratively and openly with interested parties at an early stage to identify, understand and seek to resolve issues associated with a proposed development, including, where relevant, the need to deliver improvements in infrastructure and affordable housing.
• Discussing the possible mitigation of the impact of a proposed development, including any planning conditions.
• Identifying the information required to accompany a formal planning application, thus reducing the likelihood of delays at the validation stage.
• Putting in place a Planning Performance Agreement (PPA) where this would help with managing the process and agreeing any dedicated resources for progressing the application.

4.3.3 It is mandatory for applicants to carry out pre-application consultation with the local community for applications for wind turbine development involving more than 2 turbines or where the hub height of any turbine exceeds 15 metres^[4].

4.3.4 A pre-application engagement with the community for other types of proposals is not mandatory but is encouraged for larger scale schemes (major development). On submission of a major application, applicants will be required to submit a statement of community involvement detailing the extent of the pre-application consultation undertaken.

4.3.5 The LPA does not publicise pre-application enquiries with the public or allow public comments at pre-application stage. Unless agreed with the applicant, pre-applications are treated as confidential.

4.4 Application Stage

4.4.1 Once a planning application has been validated, the Council is required to undertake publicity and a formal period of public consultation prior to making a decision. This is prescribed in Article 15 of the Town and Country Planning (Development Management Procedure) (England) Order 2015.^[5]

4.4.2 There are many types of planning applications and the Council's published Publicity Code of Practice sets out publicity arrangements for planning applications, applications for listed building consent, the approval of reserved matters, certificates of lawfulness and prior approval applications. All residential properties that directly adjoin an application site will be notified. This is generally carried out by neighbour notification letters. Publicity can also comprise of a site notice and press advert depending on the nature and scale of the development proposed.

4.4.3 There are separate publicity arrangements for applications for:

• Permission in principle which are set out in the Town and Country Planning (Permission in Principle) Order 2017 (as amended)
• Listed buildings which are set out in the Listed Buildings and Conservation Area Regulations 1990 (as amended)
• Prior approval application which are set out in Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended)
• Planning applications requiring an Environmental Impact Assessment; these are set out within The Town and Country Planning (Environmental Impact Assessment) Regulations 2017.

4.4.4 Specific consultees are required to be consulted, and they have a duty to provide advice on development proposals. These bodies are known as Statutory Consultees. Examples include: Coal Authority; Historic England; Environment Agency; and Parish and Town Councils. The current full list of statutory consultees on applications for planning permission is detailed in Appendix 3, although this will depend upon the type of application and individual site constraints.

4.4.5 In addition to the Statutory Consultees, the LPA may also consider whether to engage other consultees who are likely to have an interest in a proposed development; these are known as Non-Statutory Consultees. Examples include the Forestry Commission and the Woodland Trust.

4.4.6 Table 4 below provide a summary of the types of engagement tools for planning applications.

Table 4: Types of engagement tools for planning applications

4.4.7 All planning applications can be viewed on the Councils website known as 'Public Access'.^[6]

4.4.8 In summary, the public and any consultees will be given a minimum of 21 days to comment on a planning application. 30 days if the application is accompanied by an Environmental Impact Assessment. The timeframe for applications for Permission in Principle is 14 days. Bank and public holidays are not included within the minimum notification periods and additional days will be added to reflect this.

4.4.9 Anyone can comment on an application even if they have not been directly consulted. Comments are welcomed by the Council via 'Public Access.^[7] Alternatively you can send your comments by post to the Planning Office.

4.4.10 In line with the guidance within the General Data Protection Regulation^[8], comments made by the public will not be made visible on the planning file. The case officer will summarise the comments in their officer report.

4.4.10 Some applications do not require publicity. These include: advertisement consent, certificates of lawfulness for proposed development or use, submission of details, non-material amendments and applications to carry out works to trees.

4.4.11 Table 5 below set-out the statutory publicity requirements for planning permissions and listed building consent and conservation areas.

Table 5: Statutory Requirements - Applications and Publicity

4.4.12 The LPA will not normally consult on the following types of application as there is no statutory requirement to do so:

• Certificates of Lawfulness for proposed development
• Discharge of condition applications
• Non-material amendments
• Pre-application

4.5 How to Submit Your Comments on a Planning Application

4.5.1 Through the online public access portal you can comment on a planning application on the 'Have Your Say' tab for that application. In order to comply with GDPR legislation and protect the privacy of contributors, comments are not displayed publicly. Comments and contributor details may be passed on to third parties (including the applicant) where this is legally required, for example at an Appeal.^[9]

4.5.2 The LPA can only consider comments made that are directly related to the actual proposals. These are known as 'material considerations'. Consultation responses can support, object or suggest amendments to the proposed development.

4.6 How Decisions Are Made

4.6.1 The case officer will assess the information contained in the application against the relevant policies, guidance and other material considerations, together with any representations and consultation responses received. The case officer will prepare a report and make a recommendation as to whether permission should be granted subject to conditions or refused.

4.6.2 The Council's 'Scheme of delegation'^[10] identifies who is allowed to make decisions about planning applications. In the vast majority of cases the formal decision to approve or refuse permission is taken by an area planning manager or senior planning officer who has delegated powers to act on behalf of the Council.

4.6.3 In other cases the application will be decided by the Planning Panel or the Regulatory and Appeals Committee. These comprise of locally elected members who meet approximately every month.

4.6.4 All applications to be discussed at a Planning Panel Meeting or Regulatory and Appeals Committee will be listed on the agenda which is published 5 working days before the meeting.

4.6.5 All interested parties who have commented on the application will be notified. They may wish to attend the meeting and may wish to speak. The LPA has guidance on its website for public speaking arrangements.^[11]

4.6.6 Once an application has been determined, the Council will issue a decision notice detailing the final outcome. Any person who has formally commented on the application will be notified of the decision.

4.7 Post Decision Stage

4.7.1 If an applicant disagrees with a decision from the Council, or if the Council has not determined an application in the statutory timeframe, there is the right of appeal. An appeal can also be made against an enforcement notice. There are seven grounds of appeal which are outlined in section 174(2) of the Town and Country Planning Act 1990.

4.7.2 Appeals are considered by the Planning Inspectorate^[12]. Should an appeal be submitted to the Inspectorate this will be displayed on the Council website. Any member of the public who commented on the planning application will be notified of the appeal and informed of how the appeal will be dealt with. A copy of their comments will be sent to the Planning Inspectorate.

4.7.3 Further guidance has been issued by the Planning Inspectorate on making your views known on a planning, listed building or enforcement appeal.

4.7.4 There is no third-party rights of appeal against the determination of a planning application. This means that if permission is granted for an application, those who were not in support of it cannot appeal that decision. However, a legal challenge may be mounted if it is considered that we have not followed the correct procedures in determining the application or have not had regard to all the key material planning considerations. Any application for a legal challenge must normally be made within 6 weeks of a decision being made.

4.8 Planning Enforcement

4.8.1 The Council's approach when considering planning enforcement action, key priorities and details of the procedures that are followed can be found in the Council's guide to enforcement.

4.8.2 Complaints from members of the public will be treated as confidential, and details of the complainant will not be disclosed. However if the matter proceeds to an appeal or when prosecution procedures are initiated the complainant's evidence may be required. The complainant will be contacted beforehand if this is the case.

4.8.3 While the Planning Service receives very high levels of complaints each year it aims to acknowledge complaints within 5 working days. All complaints are managed in strict accordance with the Council's approved priorities as set out in para 1.9.3 above.

^[4] https://www.legislation.gov.uk/uksi/2015/595/article/3

^[5] https://www.legislation.gov.uk/uksi/2015/595/contents

^[6] https://www.bradford.gov.uk/planning-and-building-control/planning-applications/view-planning-applications/

^[7] https://www.bradford.gov.uk/planning-and-building-control/planning-applications/view-planning-applications/

^[8] https://www.gov.uk/data-protection

^[9] The Council currently redacts the comments sent to applicants when at appeal.

^[10] https://www.bradford.gov.uk/planning-and-building-control/planning-applications/how-planning-decisions-are-made/

^[11] https://www.bradford.gov.uk/planning-and-building-control/planning-applications/public-speaking-at-area-planning-panels-regulatory-and-appeals-committee/

^[12] https://www.gov.uk/government/organisations/planning-inspectorate