Cllr. Rowlands introduced Matthew Davies and said that as many of the queries at the Area Forum meetings were regarding Planning in and around the Borough, Matthew Davies had come to give an insight as to how Planning works round the Borough, and how it works right through to the final approval or dismissal.

Matthew Davies, Development Control Manager for Wirral Council.

Wirral is a bit of an ‘oddity’ – the Planning function is split into three departments.

The Planning covers houses LDF and UDP.

Development Control is perhaps what people have most inter-action with – the general, Public planning investment, planning applications for everything (including trees and hedges) and presentation.  In terms of Planning Development, there are two teams, and Heswall falls into the South team.

Development is the carrying out of building, engineering, amending or the material change of use in buildings or land.  Other things are involved, such as the demolition of a wall in a Conservation Area, the rules are slightly different in all Conservation Areas.

There are effectively several types of Planning applications, and we have to be aware of them all –

(1) Outline Planning permission is where someone is seeking to erect a new building or some sort of development, and there may not be enough information provided with the application for full Planning, so it is just an Outline application.  Outline sometimes means that the applicant just wishes to sell a site, with the added benefit of Planning permission. 

(2) the next step is the approval of the resource matters, and the details of the application, the outline of the access etc. and the proposed design. 

(3) Full Planning Applications are for everything on the site, the layout, the design, listed buildings and permission to carry out  work on protected buildings.  Any trees in a Conservation Area are protected, and those that we visit outside a Conservation Area are protected by a T.P.O.

How are applications processed, and how do we proceed?  When the application is received, we check that we have all the information to make a decision, and we check the register, and the application is given a specific file page number, with the prefix the year.  The application is placed in the public register at Cheshire Lines, and published, and there are three ways in which this can be done.  We send out a neighbour notification to anybody who is next to a site that we have received an application.  Some times we include more people and send letters out to them, and the period of time is 21 days.  Recently, Telecom have prohibited notices being put on their poles.  The notices are fairly obvious, they are bright yellow, and every application has a site notice, and there are now more than before, because we have often been asked why did we not get a letter of notification?  One lady reported that they are usually tied too high up the lampposts, and you cannot read them.

The third is a Press Notice, and they are advertised by law.  Departures from the UDP, listed buildings or in a Conservation Area. 

How can you object to a Planning Application?  By writing in to the Planning Department – we do occasionally get letters in support of them also.  Sometimes you might hear about them by word of mouth, or general articles in the Press, but by whatever means you hear about an application, you are entirely free to make objection if you so wish.  Copies of all applications with supporting documents are available for inspection at Cheshire Lines, and they are on view on the website.  You can also, if you wish, make an appointment to speak to the Case Officer dealing with a particular application. 

All comments should be made in writing with your name and address and the Planning Application number.  The set time for application comments is 21 days, and it should be noted that, on the website, it shows the last date for comment, and that is because sometimes the letter goes in the Press a bit later than the application.  Once that last date has gone, the Council have the right to make a decision.

There are legal Regional and National Planning Policies, and the Officers have to be aware of all the requirements, and follow them.  The current document for us at the moment is The Wirral Unitary Development Plan, and the strategy is at the back, but this is due to be replaced.

There are a raft of statements on the Department’s website (about 25 in total) and they range from such items as climate change, wastewater risk etc. and these are also national concerns.

Sandy Cameron asked which region does Wirral come into, and Matthew replied the North West.  The North West Development Agency covers areas, including Cumbria and Lancashire.

The appeal decisions, which are heard tend to direct Planning Policy – for example, we may determine household planning decision, and the Inspector may turn over our decision, and it may be that we have not done the right thing.  Loss of light is something which we have to consider – that is daylight and night, overshadowing, overbearing, loss of trees, layout and density of buildings.  These are all things that we have to consider if you are looking to object to an application.  There are some things that we cannot consider, and we do get many objections from people, but they are not always rescinded, because they are sometimes matters that are controlled under other legislation.  Health and safety for example, private issues between neighbours, loss of value of a property, loss of a view, competition between businesses.  Objections relating to the fact an application has been submitted retrospectively.

There are some people who will do something contravening the Planning rules.  Problems arising from the construction of any works.

We try to minimise that as much as we can, but we cannot refuse it simply for that reason.  Any comments received on planning applications cannot be treated confidentially.  They will go on the file, and that file is available for public inspection.

We are frequently asked “why have I not received a response to my objection?”  On Wirral we determine between 2,000 and 3,000 applications, and all applications will generate at least one letter for every one, and we do not have time to answer every letter.  We summarise the objections in our Report, and your objections are addressed.

How are Planning applications processed?  They are all looked at for the area, although the current Area Plan is different for public consultation.  This finishes on 6th March, and there is a document at the back of the room, and it is also available on the website.  We also contact other departments and outside agencies – most commonly they include the Borough Engineer and the Environmental Health Officer.  We consult also the Tree Officer, the National Trust, Natural England and we do have an Architectural Liason Officer from Merseyside Police who comes into the office to discuss the applications with our Officers, and they pick up issues relating to crime.  The difficulty is that a Planning Officer has to balance all the conflicting thoughts on an application, and it is his decision, following looking at all the points which have been raised.  It may be that he will look at the application with the people and ask for the drawings to be revised.  If the revisions are minor, then the neighbours who were originally informed will be so again.  Around 95% are delegated to the Director of Technical Services for his decision.  Those applications not dealt with under delegated powers go to the full Planning Committee.  Councillors are allowed to request that an application should be taken out of delegated powers, but they have to put forward true planning objections.  A qualifying petition is one which has been sent by 25 households, not 25 people. 

Mr. Rosenberg asked is the Council vote is divided, is there anyone who has the casting vote?

MD replied that there are 12 members on the Planning Committee, and if they equal, the Chairman has the casting vote.

Central Government have given us eight weeks to make a decision, and at the moment, around 87% are made within those time scales.  Major applications are given 13 weeks, because they will take longer to consider.  During the 8 week period (or the 13 week period) the applicant has the right to appeal that the Council has taken too long to reach a decision.  He can go to the Secretary of State and request a decision to be made through a Planning Inspectorate from Bristol.  Once an application is taken down that route, the Council cannot be involved, and it is up to the Planning Inspectorate.  Once a decision is made, the notice will be sent within 24 hours, either to the applicant or his agent.  It will also be put on the website.  If you object, you should make it clear that you wish to receive the decision.  Decisions for Refusal have to be given, and also for Planning Permission when it is granted.  Most grants for Planning permission are subject to conditions and enforcements.  If an applicant thinks a condition is not fair, he can appeal within six months.

Lady asked whether an objector could be present whilst the application is being considered.

MD replied that it is allowed.  If a Property Developer puts in an application for development, and a neighbour did not wish the development to be approved, the full Planning Committee would consider whether the development would have a negative result for the neighbourhood, and may suggest that the application is revised, and one other point to be raised is that objections may not always be relevant to the planning.  The Council will very often attach conditions to an approval, and this will control the implementation of the promise to control the operation of the permission.  Also, in the case of outlining consensus, in formulating the condition, the Council have six rules for the planning condition.

The conditions must be relevant, and must be necessary.

That the conditions are all in the control of the applicant, and all conditions must be endorsed.

Where the planning conditions and where there are improvements to the Highway, the Council will enter into a legal agreement for these works.

The planning applications will stay valid for three years. 

If an application has not been implemented in that three-year period, it lapses, and if they want to go ahead, they will have to re-apply.

There is a difference between a diversifying consent and a Planning consent.  The difference is that the first is likely to take up to 20/30 years to complete the development.  Sometimes we may grant a temporary permission, and that is for the Council to allow the time to assess the development – i.e. for hot food takeaways in residential areas.  We might give a temporary 12-month approval to allow us to assess the impact on the neighbourhood.

Gentleman said that takeaway shops should be made to have litter bins.

MD – all public restaurants, hot food takeaways etc. have to enter a Section 106 Agreement to supply a litter bin.  They would not receive approval if they did not.  The cost of a 106 Section is about £700.

Once Planning permission has been granted, there may be other requirements, e.g. Building Regulations.  They are completely separate and are often in addition to the Planning consent.

Any applicant has the right to appeal against the decision of a Planning Committee.

Third party objectors have no right to appeal against the approval of an application.  There has only been on occasion on Wirral in the last ten years.

An aggrieved applicant has the right to appeal to the Secretary of State at the Government. 

Anybody who has been served an Enforcement Notice can also appeal to the Secretary of State.  Appeals must be lodged within six months of the application.

Enforcement Notices must be appealed against in 28 days of the date of issue of the Enforcement Notice.  You effectively appeal to the Secretary of State who will appoint an Inspector at the Planning Inspectorate in Bristol.  It is very rare that the Secretary of State will actually get involved with the Appeal himself.

Appeals are dealt with in three different ways, written representations are the most common, and that is done between the representatives of the Local Authority and the appellant.  Copies will be sent to the Planning Inspector.

The second way is an informal Hearing, usually half a day, and the Inspector will give a summary in the community.  The Appellant will give their case and the Objectors will give their opinion.  In terms of a decision, the Inspectorate try to get a decision out within five weeks, whereas on appeal, the Enquiry can take anything between seven to twelve weeks.

Recently, we had an appeal with the Medical Centre over the road, and the Inspector dismissed the appeal.

With an Appeal, the Planning Inspector will be very diverse from the local community.  They will make their decision purely based on planning policy.

Planning Enforcement.  What does the Planning Enforcement team do?  It is important to say that the Planning Enforcement service is not a discretionary service.  The Council recommends that an appropriate Enforcement Team can be consulted.  Some breaches of Planning control may not do any harm, and some people do not realise they need Planning permission before work starts.  It follows the process from when a breach in the Planning programme has been found.

Types of alleged breach include works not being completed as shown on the approved plans;

Any works, however, complete, or work alterations to land. 

Any change of use – for example from a house to flats.

Breaches of conditions on a Planning permission.  This is an important one, because anything happening on this can cause many serious issues.

Demolition of a building in a Conservation Area without consent.

Removal of a tree without consent.

Removal of a hedgerow.

These are the sorts of things that Enforcement will investigate.  I think it is fair to say that most  breaches of Planning control are not offences.  Most are causing damage, or removing a tree without permission, altering a listed building.

When reporting an alleged breach of Planning control, it is important that we have all the information we need, and that it is reported properly.  We cannot have an unnamed objection. We do not reveal where the complaint has come from, but unfortunately sometimes it is impossible to keep the complainant’s identity hidden.  Sometimes it may be the neighbour, but we never give any information away.  We have to identify the site on a map, and we need to know that the Enforcement Officer knows what he is looking for, and we need to know what harm has been done.  We need to know the Owner of the land, there may be big dogs on the site, or the resident may be dangerous.  We do not reveal where the complaint has come from, but we have to investigate it.

Mr. Garrett interrupted the presentation and asked that the Speaker to finish, as there were other people waiting to speak.

Cllr. Rowlands thanked Matthew Davies for an extremely informative explanation of the way the Planning Department work, and he hoped that it had cleared up some of the questions that may have been in peoples’ minds.