The decision
Having reached a decision upon an application the council can:
- Grant planning permission without conditions.
- Grant planning permission with conditions.
- Refuse planning permission.
- Approve reserved (matters relating to a previous outline consent).
In certain circumstances temporary or personal permission's may be granted or the consent may be subject to a planning obligation – often called a Section 106 Agreement.
Full planning permission lasts for three years. Work started to implement the consent within this time should be notified to the planning compliance team for record. You should check whether there are any pre commencement conditions or you also need Building Regulations approval before doing so.
Follow the link on this page for information on the councils Building Control section.
An outline consent lasts for three years but the last of the reserved matters has to be submitted for approval no later than three years from the date the outline permission was granted and the development must be begun within two years of this approval if it is not to expire.
Where changes cannot be made to an application to make it acceptable, either by an amendment or submitting a revised application, it may be refused.
Where an application is refused clear reasons will be given.
Implementing planning permission and/or consent
Once planning permission has been granted, it can only be carried out in accordance with the approved plans and the planning conditions. To do otherwise or to undertake development without planning permission is a ‘breach of planning control’. Follow the link on this page to view the council's full policy relating to planning compliance.
Work should only be commenced after all necessary planning conditions have been met in full to do otherwise may invalidate your permission.
Request to discharge a condition
A request to discharge a condition should be made in writing and accompanied by the relevant information as per the specific condition(s). A fee is payable for letters requesting the release of one or more planning conditions. The nationally set fee charge is £25.00 for release of a condition attached to a householder planning permission and £85.00 for other planning permission. The fee is relevant even to those applications where permission was granted prior to 2008 when the fee was introduced.
Within 10 working days of receipt of notification of commencement of major developments a full case review will be carried out to ensure full compliance with the planning approval.
Making changes
Making changes to approved plans without permission can invalidate your permission.
Major Amendments
Major changes to planning permission's require a fresh application. If this is submitted within 12 months of the original decision, the applicant can submit a ‘free go’ application without paying another application fee.
Revised applications are subject to the same consultation and notification arrangements as the original application.
Minor 'Non-Material' Amendments
It is possible to make minor changes to existing applications in certain circumstances, however, as of 1st October 2009, this must be done through submission of an application for a ‘Non-Material Amendment to an Existing Planning Permission’.
Only ‘non-material’ amendments can be made to existing planning permission's. There is no statutory definition of what constitutes a ‘non-material’ amendment as this can vary depending on context and this will ultimately be at the discretion of the Planning Department. Any amendments considered to involve more than non-material alterations will require the submission of a brand new planning application.
Application forms can be obtained from the Planning Portal website via the link at the bottom of this page or alternatively by contacting the Planning Department directly. Further advice can also be found in the Communities and Local Government document ‘Greater Flexibility For Planning Permission's’ at the bottom of this page.
Planning appeals
If your application is refused you have six months from refusal (eight weeks for the display of an advertisement; 28 days for works to a tree which is subject to a Tree Preservation Order) in which to appeal to the Secretary of State. You may also appeal against a planning condition, which you consider to be unreasonable.
There are three types of procedures for determining an appeal:
1. Written representations.
2. An informal hearing.
3. A public inquiry.
The majority of appeals are dealt with by written exchanges between the appellant and the Local Planning Authority.
In all cases an Inspector is appointed to determine the appeal and will hold a site visit as necessary and reach a decision on the appeal.
Before appealing, you are advised to speak with a planning officer to see if there is any common ground or room for compromise. You may also wish to seek independent professional advice.
In England and Wales there is no third party right of appeal for example, if your neighbour is granted planning permission, you cannot appeal against the decision.
For further information on the appeal process follow the links on this page to the Planning Inspectorate and Planning Portal websites.
A 'Charter for Development Management' has been produced by Shropshire Council to explain the standards of service and performance that you can expect. A copy of the Charter is attached to this page.