Planning decisions must be defensible

I am aware that there is frequent criticism of planning decisions made by the local planning authority and the development management panel.

I therefore believe it would be beneficial to summarise the decision making process and the responsibilities of the panel in making ‘defensible planning decisions’.

The current Royal Borough development management panel consists of nine councillors from wards across the borough and all political groups.

Whilst sitting as a member of the panel the councillors are representing the local planning authority NOT their ward or political group.

Approximately 90 per cent of planning applications are determined by planning officers under delegated powers, leaving the Panel to determine the remainder which are generally major or contentious applications.

The panel members and public have access to the council’s planning portal where all documents relating to an application are stored and available for viewing.

One week before the planning meeting panel members will receive a comprehensive report from the qualified planning officer, giving a detailed summary of the proposals and comments made by statutory consultees eg: ecology, environmental, highways, parish councils, the Environment Agency, supporters and objectors.

Where appropriate panel members will carry out a site visit.

The planning officer’s report will make a recommendation to approve or refuse the application with due consideration to local and national planning policy, neighbourhood development plans, consultees and the evidence available.

Panel members can accept the recommendation of the planning officer or explain their rebalancing of the ‘material considerations’ if they don’t.

Registered speakers will be able to address the panel at the planning meeting.

Members of the panel will debate the application and will have the opportunity to ask planning officers questions.

A legal advisor is present to clarify any legal matters.

Any decision made by the panel will take all of the aforementioned into account and MUST be based on ‘material planning considerations’.

Applications cannot be refused just because the proposals are unpopular or disliked, these are NOT valid planning reasons and not just cause to refuse an application.

The NPPF (National Planning Policy Framework) paragraph 11 states: “Plans and decisions should apply a presumption in favour of sustainable development.”

For decision taking this means: approving development proposals that accord with an up-to-date plan without delay or where there are no relevant development plan policies or the policies are out of date, granting permission unless the application of policies in this framework that protect areas or assets of particular importance provides clear reason for refusing the development proposed or any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this framework as a whole.

Any decision made by the panel must be reasonable and based on ‘material planning considerations’ balancing the benefits of the proposals versus the harm – this is called the planning balance.

If a plannning application is refused, the decision may be appealed by the applicant to the Planning Inspectorate.

If an inspector subsequently determines the decision was wrong they will allow the appeal and grant planning approval.

If they deem the decision of the panel was unreasonable, costs may be awarded against the council.

It is paramount that planning decisions are reasonable, justifiable and most crucially, they are defensible.

Cllr PHIL HASELER Chairman of The Royal Borough Development Management Panel