Welcome To Wirral
The Decision Process
What Do We Take Into Account When Making Our Decision?
By law, certain matters must be taken into account:
- Central Government Advice – This is set out in National Planning Policy Guidance Notes, Planning Policy Statements and Circulars and Planning Policy Guidance Notes. These are available from the Department for Communities and Local Government website.
- Local Planning Policies – These are contained within the Wirral Unitary Development Plan that was adopted by the Council in 2000. This document sets out the Council's detailed planning policies against which all planning applications are considered. The Council has also prepared a number of Supplementary Planning Guidance Notes which provide additional advice and guidance on issues such as house extensions and new housing development etc. and are available free of charge.
- Other material planning considerations - for example, written comments of consultees e.g. Green Belt Council, Borough Engineer, Health & Safety Executive, neighbours (local residents and businesses). The Council can only take into account matters which are directly relevant to the planning process e.g. impact on light, traffic, privacy, noise, pollution, and provision for car parking. Matters that cannot be controlled through the planning process include the loss of business or increase in competition, loss of a private view or the devaluation of property.
Each application is considered on its individual merits. There is a general presumption in favour of development and if a proposal meets the relevant policies and standards, planning permission will usually be granted, even if neighbour objections are received. Wirral Council, like most Planning Authorities, only refuses a small proportion of applications.
Please remember that we cannot take into account:
- Licensing issues
- Private property rights issues about boundaries or access
- The effect of development on nearby property values
- Moral issues about a proposal
- Competition between businesses
- Loss of a private view
Who Decides Whether To Approve Or Refuse An Application?
Professional Planning Officers
The Council’s Planning Committee have agreed a 'Scheme of
Delegation' which grants the Director of Technical Services the
authority to make decisions on most planning applications without the need for
them to be sent to the Planning Committee. These applications are dealt with by
the Officers in the Development Control Section of the Technical Services
Department. To view a full copy of the Scheme of Delegation and to see precise
details what types of application qualify, you will need to contact the
Planning Department.
Applications may be removed from the Scheme of Delegation and subsequently presented to the Planning Committee for decision under certain specific circumstances. The circumstances are as follows;
- A formal request to remove an application from delegation based on a valid planning concern is made by a Councillor. OR;
- A qualifying petition of objection is received containing signatures from 25 or more different addresses is submitted. OR;
- 15 individual objections are received.
Planning Committee
Planning Committee comprises of 12 elected Councillors that sits once every
three weeks to determine planning applications that the Director of Technical
Services is not authorised to determine under the approved scheme of
delegation. Applications above a particular size or that have generated a large
amount of public interest tend to be what is usually considered.
Planning Committee is a public meeting that may be attended by anyone to observe. However, the Committee may only be addressed by a representative of those who have submitted a qualifying petition (see above). If a representative of petitioners objecting to the application addresses the Committee then a representative of the applicant will also be given the opportunity to speak. Arrangements for speaking are made in advance of the meeting and the relevant parties notified in writing before the meeting. Information about dates for future meetings are contained here.
Agendas are published on the Council’s website five working days before the date of the Committee and the minutes and agendas from previous meetings may also be viewed on the website.
A list of the Planning Committee Members may be viewed here (insert link to list of Committee Members).
What Decision Can Be Made?
- Approval - usually subject to conditions; for example, that brick samples be submitted to and approved by the Council before work begins.
- The reasons given for refusal must relate to material planning concerns and relevant planning policies.
If the application is refused, or if the Council do not make a decision within the time scales specified by the Government, then the applicant has a right of appeal to the Planning Inspectorate, part of the Department of Communities and Local Government, who will determine the appeal. If an appeal is submitted and you submitted written comments on the planning application then you will be notified in writing of the appeal and given the opportunity to make further comments.
Neighbours or other third parties have no rights of appeal, even if they disagree with the decision made by the Council.