How planning applications are decided
This section explains the planning process and some elements case officers will consider when determining your application.
The planning process is set out by government legislation. The foundation of the process was developed into the Town and Country Planning Act 1990. There have been numerous revisions and additions which have to be considered when deciding on applications.
Understanding the planning process
The diagram below illustrates the NNDC planning process.
Within 3 to 5 days of receiving
Approximately 21 days
From validation to decision take 8 to 16 weeks depending on the application type
or
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Planning process key milestones
Step 1: Validating your application
- Once the application is received, all information and payments are checked.
- If items are missing or of insufficient quality, we will request the missing information from the customer. Until the items are received, the application is treated as invalid.
- Once all documents and payments are received and validated, a senior officer checks the application and assigns it to a case officer.
- At this point, it is registered and becomes a public document viewable through our public access system. All documentation, including plans and supporting evidence, is also made public.
Step 2: Consultation
Consultation is an essential step in the planning process. It is an opportunity for case officers to obtain site or topic-specific guidance and local knowledge on any application.
Alongside statutory consultees, such as town and parish councils, senior officers will decide who else needs to be consulted. It depends on the application, the site position, the surrounding areas, and the likely environmental impact.
Consultation is usually a three-week process. Extensions of time can sometimes be agreed upon in complex or controversial cases or when an important statutory consultee response is required.
The public can also submit responses to comments on, support, or object to an application. Most people will learn about applications through site notices displayed outside of the site or property.
Step 3: Consideration
Consideration is reviewing consultation responses, checking the application, and reviewing policy and constraints. An officer may conclude that a planning application is acceptable or dependent on some changes or conditions before starting or during the build.
Step 4: Decision
A decision notice should be issued within 8 weeks of validation for a general application or 13 weeks for a major application. Some particularly large, complex, or controversial applications may take longer, and extensions of time are agreed upon for these types of applications.
Not all applications are decided by elected council members. Around 80% to 90% are decided by experienced planning officers.
Application is registered
When an application is registered it appears on the Planning Public Access System, along with the supporting documents and plans. During the consultation period, consultees and any interested parties can submit their comments, letters of support or objections (until an application is determined) via the public access system. Alternatively consultees can respond by letter or email to the planning department and these are loaded onto the public access system as well.
How long does it take for an application to be decided?
For a validated planning application it depends on the size of the proposed development:
| Type of application | How long |
| Householder and minor applications | 8 weeks |
| Large (major) housing or commercial developments | 13 weeks |
| If the application is subject to an Environmental Impact Assessment (EIA) | 16 weeks |
Most of the time, extensions and home improvement projects will fall under the 8-week time frame.
Extension of time requests
However, while the Council (Local Planning Authority (LPA)) try to stick to the timescales above, case officers can request an extension of time in writing from you or your agent. Reasons for requesting an extension of time include:
- consultees may request an extended timeframe to respond fully
- your application is referred to the Development Committee
- you may be required to provide additional evidence or information
It is not uncommon and can mean that an application runs over the statutory (expected) period.
If an extension of time is required, it is vital to communicate clearly and frequently with your planning case officer. Doing so ensures all required information is supplied so they can determine the application.
Can I refuse a request for an extension of time?
Your case officer is required to give reasons for any extension of time, and in most cases, an amicable extension of time is agreed upon.
If you do not agree to the extension of time, you can appeal to the Planning Inspectorate on grounds of non-determination.
However, if you seek a quicker resolution, discussing the options with the case officer and agreeing on a suitable course of action is generally faster.
Additional considerations and charges
Some types of applications will require additional information, and charges may apply. These are listed below:
- Green Infrastructure and Recreational Impact Avoidance and Mitigation Strategy (GIRAMS)
- S106 planning obligations
- Nutrient neutrality
- Biodiversity net gain
What happens next?
Assignment of the case officer
Once an application is validated, a case officer is assigned to it. This person manages your application throughout the process and will be your first point of contact. Your assigned case officer should introduce themselves within a week of registering your application.
Application is registered
When an application is registered it appears on the Planning Public Access System, along with the supporting documents and plans. During the consultation period, consultees and any interested parties can submit their comments, letters of support or objections (until an application is determined) via the public access system.
Site visit undertaken and site notices erected
The case officer will conduct a site visit and put up a site notice on or near the site, giving the public 21 days to comment on the application via the Planning Public Access System.
Consultation period
Most applications undergo some statutory consultation, which usually takes about three weeks. Depending on the application's potential impact, the case officer and their manager usually decide who else needs to be consulted. It may involve specialist organisations such as English Heritage and national and local interest groups or utility companies.
Making a decision
The planning officer will consider all aspects of the case along with views from statutory consultees and members of the public. They will then write a report drawing together all of the relevant information. This report explains why an approval or refusal is to be made. Senior planning officers review all reports before formally making decisions and issuing decision notices to the applicant.
Factors considered when deciding on a planning application
National planning policy
Development Management (Planning) in England is governed by the Town and Country Planning Act 1947 and subsequent amendments. View the legislation for further information.
The local plan
The local plan, or the development plan or local development framework, is a set of documents that help guide development across North Norfolk. Planners use the local plan to manage development in the area and set out the factors that need to be considered when determining planning applications. It sits alongside national policy.
Although local plans are created and adopted for use, they constantly evolve to account for change and development. The local plan should be updated approximately every five years, and it undergoes vigorous consultation and inspection by the planning inspectorate before the Council adopts the new plan. The Council is expected to adopt the next local plan in late 2024 or early 2025 following inspection in spring 2024.
Related content
Neighbourhood plans
A neighbourhood plan is a document that sets out planning policies for a local area. It gives communities the power to shape their neighbourhood’s development, for example to identify land where new homes and businesses can be built and what they should look like, and to address local issues where the local plan may not play a role.
Neighbourhood plans can be specific to one issue or seek to address more complex matters depending on what has been identified as important to local people and what evidence there is to support a locally specific approach.
Constraints
There are a wide range of factors that can effect whether a site can be developed.
When we consider any planning application, we have to think about any land restrictions that may affect our decision, these are called planning constraints.
Material matters (material considerations)
Only certain issues can be considered when deciding on planning applications. Case officers will not consider personal opinions on, for example, a design element or the character of the applicant! The case officer will consider comments about what is called, material matters or material planning considerations.
These include:
- local, strategic and national planning policies and policies in the current local plan
- emerging new plans which have already been through at least one stage of public consultation
- pre-application planning consultation carried out by, or on behalf of, the applicant
- Government and planning inspectorate requirements such as circulars, orders, guidance and advice
- previous appeal decisions, planning inquiry reports and principles of planning law from the Courts
- loss of light, overshadowing or loss of outlook to the detriment of residential amenities, not including loss of view*
- overlooking and loss of privacy
- visual amenity but not loss of private view*
- highway issues such as traffic generation, vehicular access, highway safety, parking, loading and turning
- the capacity of physical infrastructure, for example, public drainage or water systems
- deficiencies in social facilities, for example, spaces in schools
- noise and disturbance resulting from use, including operating hours
- storage and handling of hazardous materials
- smells and fumes
- loss or effect on trees
- effect on designated areas of land, nature conservation and biodiversity
- effect on listed buildings and conservation areas
- incompatible or unacceptable uses
- layout and density of building design, visual appearance and finishing materials
- inadequate or inappropriate landscaping or means of enclosure
View What are material considerations? on the Planning Portal website for further details.
Consultation responses
Consulting others is a key element of decision-making. Whilst officers are likely to be familiar with national and local planning policy, case officers will seek advice on specific site-related information, whether highways, conservation or any other 100-plus consultation bodies that may be relevant. The consultees' information helps the officer gain a rounded view of the site issues and enables the officers to make an informed decision.
Decision making
Delegated authority
Delegated authority means that the Council has made provision for officers to make decisions on most applications received. Some applications, however, must be made by the Development Committee.
The role of the Development Committee
The Development Committee is a group of Council members who meet monthly to discuss and decide on planning applications.
Some applications automatically progress through the Development Committee process, but others, especially those that are more complex, controversial, or potentially have wide-ranging effects, will likely be 'called in' for a committee decision.
Some applications, especially those that are more complex, controversial, or potentially have wide-ranging effects, will likely progress through the Development Committee decision-making process. This includes applications on the Council's assets. However, others may be 'called in' for the Committee to make a decision. Only the ward councillor, senior planning managers (director or assistant director), or the Council's monitoring officer can call in an application if they feel that they have planning-related grounds for concern.
Your planning case officer should inform you if your application is being 'called in'.
View the development committee pages for further information.
Making an appeal
You can appeal a decision for an application you made yourself, or appeal on behalf of someone else, if any of the following apply:
- your application was refused planning permission for reasons you think go against the policies of the Council’s development plan
- you were granted planning permission with conditions imposed that you object to
- the Council (LPA) has not given you a decision on your application and 8 weeks have passed since the date they told you they received it (or a different deadline you agreed with them has passed)
For major projects, you can only appeal if 13 weeks have passed.
View planning appeals for further details of how to appeal.
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