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Brief Guide to Determining Planning Applications


Legally the Planning Department must mak e decisions on planning applications in line with Section 70(2) of the T o wn and Country Planning Act 1990 and Section 38 (6) of the Planning and Compulsory Purchase Act 2004.


This essentially requir es that decisions on planning applic ations are made in accordanc e with the Development Plan unless other material considerations indicate otherwise.


What is the Development Plan?


The Development Plan is a set of documents which contain planning policies relating to different aspects of development including strategic matters such as housing, transport, the environment, retail, and economic development down to detailed matters such as house extensions, advertisements, farm buildings, listed buildings, and barn conversions.


In Maidstone the Development Plan currently c onsists of: •


The Maidstone Borough-Wide Local Plan (2000)


• • •


MBC Affordable Housing Development Plan Document (2006) MBC Open Space Development Plan Document (2006) North Loose Neighbourhood Development Plan (2016)


However, the current Local Plan (2000) will be replaced by the new Local Plan (2011 - 2031) which is expected to be adopted in 2017.


Further Neighbourhood Plans are also likely to be produced and adopted and they will form part of the Dev elopment Plan.


What are other material consider ations?


Material consider ations are


other matters that ar e taken into account when making a decision. This can include Central


Government P olicy and Guidanc e embodied in the National Planning Policy F r amework (NPPF) and National Planning Practice Guidanc e (NPPG), or other matters such as planning appeal decisions, and planning case law.


For e xample, the NPPF has a presumption in fav our of sustainable dev elopment and


puts great emphasis on boosting the supply of housing, and in certain situations it c an take precedence abov e a Council’s local policies.


Retrospective planning applications


Retr ospective planning


applications can be submitted and it is not against the law to do so. They ha ve to be handled in exactly the same wa y as an y other applications and judged on their own merits, and they c annot be punished for being retrospective.


• • • Making a Decision


When making a decision the Planning Department must careful ly weigh up a number


arefully weigh up a number of different matters including planning polices, government policy and guidance, advice from statutory consultees such as the Environment Agency and Natural England, carefull y c


go vernment arefully consider


representations from Parish Councils and the public, and balance the pr os and cons of any development


y development. .


Matters that can’t be taken into account


Some issues are bey e be yond the


scope of planning c ontrol and cannot be considered including (not exhaustive):


including (not exhaustive): • •


• Neighbour disputes/ private matter


private matters


• • •


Damage to property Loss of view


Pr oblems arising from the construction period of a development


development


Matters cover ed b y other legislation


• Possible futur applications


• Personal cir P ossible future Personal circumstanc es vered by other


Loss of property v alue Neighbour disputes/


operty value


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