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Keeping the public informed.

Byline: By David Brocklehurst

The question is often asked as to what is the obligation of a local planning authority to publicise planning applications.

This question is most often asked where a particular application affects a wider area and a wider number of people than those automatically notified of an application due to their close proximity to the site.

People like to know what is going on in their local area in terms of new development and the publication of applications is one of the main ways in which people are made aware of them.

So what are the requirements of the local planning authority to publicise planning applications?

The General Development Procedure Order of 1995 Article 8 provides us with information on the publicity for applications for planning permission.

Article 8(1) states that "an application for planning permission shall be publicised by the local planning authority to which the application is made in the manner pre-described by this Article."

Whilst there are a number of ways in which an application can be publicised, depending on the type and size of the application, there are generally three ways in which applications are publicised by the local planning authority:

1. By site display in at least one place on or near the land to which the application relates for not less than 21 days.

2. By serving the notice on any adjoining owner or occupier.

3. By local advertisement.

It should be noted that not all of these methods relate to all types of application.

We were recently asked a question specifically with regards to the advertisement of planning applications in local newspapers and the obligations of a local planning authority.

Generally the local planning authority is only required to publish a local advertisement of the application in a newspaper for certain types of development.

1. Major development (e.g. the winning and working of minerals, waste development, where there are 10 or more houses, the provision of a building or buildings where the floor space to be created by development is 1,000 square metres or more, development on a site with an area of 1 hectare or more).

2. Development which is subject to an environmental statement.

3. Development which does not accord with the provisions of the development plan.

4. Development which would affect a public right of way.

The requirement of the local planning authority to "advertise" the application is defined in Article 1(2) of the General Development Procedure Order 1995 which states: "By local advertisement means by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated."

Essentially, therefore, it is the obligation of the local planning authority to advertise certain applications within a newspaper circulating in the locality.

However, this generally only relates to major development, development which does not accord with the development plan is subject to an environmental statement or affects a public right of way.

Which paper it chooses to advertise in, provided it is circulated in the locality of the application site, is at the discretion of the local planning authority.

Whether this relates to a paper incurring a cover charge or a free paper is also at the discretion of the local planning authority.

* David Brocklehurst is a chartered town planner at Ward Hadaway law firm

Planning Applications

WARD: South Gosforth

Applicant: @1 Ltd

Proposal: Change of use from offices (Class B1) to two-bedroom residential dwelling (Class C3) and alterations to front elevation at Newcastle Gosforth Congress of Jehovah's Witnesses, Kingdom Hall, 139 Back High Street, Gosforth.

WARD: Northgate

Applicant: Shajeda Khatun

Proposal: Change of use from opticians (Class A1) to hot food takeaway (Class A3) at 149 to 149a Northgate, Darlington.

WARD: Sadberge and Whessoe

Applicant: Mrs F Hopper

Proposal: Demolition of farm buildings and erection of six dwellings comprising a terrace of four units and two detached dwellings at Manor Farm, The Green, Bishopton, Darlington, TS21 1HF.

WARD: Fellgate and Hedworth

Applicant: Ian Forster

Proposal: Proposed demolition of Colin House and filling station buildings, erection of two-storey building to form car showroom at Forsters Service Station, Newcastle Road, West Boldon, Tyne & Wear, NE36 0BG.

WARD: Whickham North

Applicant: Blaydon Rugby Football Club

Proposal: Construction of a bridge link from rugby club to squash courts at Blaydon Rugby Club, Crowtrees, Hexham Road, Whickham, Newcastle, NE16 3BN.
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Copyright 2003 Gale, Cengage Learning. All rights reserved.

Article Details
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Title Annotation:Features
Publication:The Journal (Newcastle, England)
Date:Jun 11, 2003
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