The planning process

A proposal like the one published by Lanpro can be worrying, but it is important to keep a level head. The stress is made worse by uncertainty and lack of knowledge. Stress about a housing proposal is greatly eased by an understanding of the process whereby a housing development gets the go-ahead from the authorities.

This process can be protracted, and we emphasise straight away that the Binham Road/North Street scheme is at its earliest and most tenuous stage.

The landowner and the developer

Obviously, before any sort of housing scheme can go forward, the developer either has to own the land or have a legal agreement with the present landowner. Such an agreement is likely to commit the landowner to selling to the developer if full planning permission is granted; by then the price per acre will have increased manyfold.

Someone seeking to maximise the price of his or her land might approach a property developer directly. Alternatively he or she might approach a planning consultancy. A planning consultancy, among other activities, will work on behalf of developers. The planning consultancy in our present case is Lanpro, which seems to have a close relationship with Glavenhill (or GlavenHill; both forms appear on its website), the putative developer. Quite often, especially in urban and suburban settings, it can work the other way round – a planning consultancy or developer might identify a possible site on the map and approach the landowner.

Once these relationships are in place, the next step is to produce an impression of what the development might look like. This is the stage we are at now with the proposal published by Lanpro earlier in the year. Clearly they perceive difficulty ahead, which is why they went to the trouble of mailing a glossy A3 brochure to nearby residents, lauding the purported benefits of the scheme; on 7 March they also set up an exhibition in the Village Hall. The purpose of such moves is generally to minimise the level of opposition to be encountered were a formal application to be put forward. Lanpro themselves claim, ‘We are committed to working with local people, to fully understand the opportunity at Langham and to gauge the support that is likely to be forthcoming for our emerging proposals.’

Planning permission

Legislation enshrined in the Town and Country Planning Act of 1947 requires any new development to be granted planning permission. As defined, ‘development’ refers to various enterprises, such as quarrying or engineering projects, change of use (e.g. from residential to commercial use), and putting up buildings.

Some forms of minor development, like maintenance of an existing building (say, renewing the windows in a house which is neither listed nor in a conservation area), are defined as ‘permitted development’ and do not need planning permission.

If planning permission is required it must be sought in the first instance from the local planning authority, which in our case is North Norfolk District Council.

It is not necessary for an applicant to own the land. The applicant will apply either for full planning permission straight away (very unlikely in such a sensitive case as this) or for outline planning permission, which if granted essentially says the local authority finds the proposal broadly acceptable.

The next step is an application for so-called ‘reserved matters’. This provides more detail than the outline planning application, and includes things like the exact size, appearance and status of the buildings, landscaping, and the provision of access roads and other public amenities. There is likely to be negotiation at this stage between the applicant and the local authority.

Once the reserved matters application has been approved, full planning permission can follow. Sometimes a ‘hybrid’ application is made, for outline planning permission for some parts of the scheme but full planning permission for the rest.

If planning permission is granted in full, that does not necessarily mean a scheme will proceed: the landowner may sell the site to another, or decide not to build for the present because of the economic climate. Planning permission is often time-limited and must be renewed. In some circumstances it can also be varied. Sooner or later, though, an approved scheme in one form or another will probably go ahead.

Opposition

If a local authority deems an application unsuitable it will be rejected. Strict policies for new housing are in place, whether drawn up by a district or county council or central government. Even if the application satisfies the requirements of these policies, it yet may be rejected for various reasons, such as concerns about road safety or the capacity of local infrastructure.

At bottom a district council is a political construct and is beholden to the electorate for its powers. Besides deciding whether an application conforms with official policies, it must take into account the views of interested parties, such as local residents.

It is the planning officers who receive planning applications. If these are minor they may be approved without being referred to the councillors on the planning committee. If, however, an application is controversial, it takes on a definite political colour and will certainly be referred to the planning committee for a decision.

Should the vote be negative, the applicant may appeal it; the government body concerned is the Planning Inspectorate. An inspector will review all the paperwork and make a site visit, after which he or she will give his or her verdict, which is binding.

What’s next?

When a planning application is made there is a statutory period of 21 days in which comments can be submitted to the local planning authority. Notices (often on bright yellow paper) may be posted at or near the site to inform interested parties of this.

It is during this crucial 21-day period that objectors must get to work. Sometimes would-be objectors are unaware of or unprepared for an application and unable to act as effectively as they would like.

That is why an action committee needs to be set up now. The steering group, its prototype, have already assembled a veritable arsenal of data and are acquiring more and more as time goes on.

This is only the first stage in what might prove a long struggle. We hope that sense will prevail and the proponents of the scheme will not take it further, but if they do we shall be ready for them.