Dealing with Your Application

How a Planning Application is Processed

The planning process is largely governed by legislation and is designed to allow the input of expert and interested parties into the decision eventually made.  The planning process can be separated into 6 stages: -

1) VALIDATION

  • Applications are checked to ensure all documents and fees required by the law have been submitted.  
  • Any omissions will be requested before processing can begin.  
  • Detailed notes of guidance are provided with the planning application forms.  
  • We aim to send an electronic acknowledgement of receipt of online applications within one working day.
  • We aim to confirm the validity or rejection of applications submitted online within 5 working days.  
  • Once the application has sufficient information it is assigned a unique Planning Application Reference Number and can be processed.      

2) CONSULTATION & PUBLICITY

  • Consultations are sent to various bodies to obtain their expert view.  
  • Advertisements are placed in the appropriate local paper and on site. These indicate how to view plans and how to comment on them, usually 21 days from the date of publishing. In addition nearby properties and businesses are notified by letter. 
  • A copy of the plans is submitted to the relevant district council to be placed on the public register and made available for inspection.  
  • Plans can also be viewed, upon request in advance, at the County Council offices in Kendal.     

3) CONSIDERATION

  • The site is inspected and the application assessed by the case planning officer, taking into account planning policies, consultation responses and public representations. 

4) NEGOTIATION

  • If problems are identified with the application which there is scope to address through alterations to the proposal, the officer will contact the applicant to seek suitable amendment. 
  • Stages 2 and 3 may require to be repeated if amendments which significantly change the application are made.  

5) RECOMMENDATION

  • The case planning officer will make a recommendation to the Head of Environment, if a delegated matter, or otherwise to the Development Control and Regulation Committee.    
  • If the application is to be decided at a Committee meeting, objectors wishing to make representations in person and the applicant will be contacted to be advised of the time and venue and of any arrangements to enable them to take part.  
  • Meetings are held in public and all interested parties are free to attend and observe how a decision is reached.  
  • Requests to speak at the DC&R committee need to be made at least 3 working days before the committee. 
  • Please refer to the leaflet below for further information.  

6) DECISION

  • A decision is taken on the application by either the Head of Environment for delegated decisions, or the Development Control and Regulation Committee.  Where the decision lies with a committee, there may be a site inspection by the Committee prior to considering an application.
  • In reaching a decision, the Committee is required by law to limit the matters it takes into account to the "Development Plan" i.e. the Structure Plan and Local Plan policies relating to the application and to other planning matters, often referred to as "material considerations".  
  • What does and does not qualify as a "planning matter" varies between applications, but can generally be summarised as the impact of the development proposed on the surrounding environment and communities.
  • Matters which should not be taken into account include who is applying, their past history and the effect on the value of neighbours property.
  • Of importance is that the application must, under the legislation, be determined in accordance with the Development Plan, unless other matters indicate that this is inappropriate.  
  • It is therefore useful to be aware of the content of the Development Plan prior to submission of a planning application.   
  • DC&R Committee

7) PROBITY

It is important that applicants and the public should have confidence in the integrity of elected members and officers dealing with planning matters. The County Council operates a Code of Good Practice which clearly defines the roles of each in the process and sets out the standard of conduct required.