Information Leaflet 3: Comment on a Planning Application
How Do We Make The Decision?
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Key Stage 1
Validating, neighbour notification, advertising and consultation with statutory agencies and, if necessary, other organisations. During this stage there is little material on the application file.
Key Stage 2
Discussion at an internal Planning Office Development Control Group meeting, at which a preliminary opinion will be formed to present to the next meeting of the local Council.
Key Stage 3
Presentation of the application to the local Council on a publicly available schedule or list of applications, with the Planning Service’s preliminary opinion indicating the likely decision. The schedule, which will be produced 2 weeks in advance of the Council meeting, will be made available for viewing on the Planning Service website at www.planningni.gov.uk.
Key Stage 4
Local Council meeting to consider the application and our preliminary opinion. This meeting is usually held within a fortnight of the Council schedule being made publicly available.
Key Stage 5
Issue of decision. If the Council agrees with our opinion, a decision should normally be issued within 2 weeks. If it disagrees, it can take longer, depending on whether or not the decision is deferred at the Council’s request, pending an office or site meeting, for further discussion and repetition of stages 2-4.
If we refuse planning permission, or if the applicant is unhappy with a condition attached to an approval, he or she may appeal to the Planning Appeals Commission (PAC), which is independent of the Planning Service. If we have not made a decision on the application within 2 months an applicant may appeal directly to the PAC. The decision of the PAC on appeals is final.
If you object to a planning proposal, there is no procedure within the current planning process to initiate a planning appeal against a decision to grant planning permission. However, if you are not satisfied with the procedures we have used to reach our decision, or with the standard of service you have received, you can:
- make a complaint (see our leaflet Making a Complaint);
- refer the matter to theAssembly Ombudsman where you believe there has been maladministration;
- seek leave for a judicial review of the planning decision.
If you have commented on a proposal we will write to tell you about the decision and explain the reasons for taking that decision.
In the case of the major developments, which are dealt with using the special procedures in Article 31 of the Planning (NI) Order 1991, the nature of the proposal or of issues raised by representations may mean that we have to ask the PAC to hold a Public Local Inquiry. This means the PAC can consider all relevant issues, including all representations and objections submitted, and give us a report, which we carefully consider. The final decision is however for the Department. In most cases we will follow the recommendations in the PAC’s report of the Inquiry, but there may be cases where we disagree with the recommendations. We will, however, give reasons for whatever decision we reach.
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