Responding to this Consultation The draft Statem ent of Com m unity Involvem ent (SCI) docum ent is available for view ing online at: w w w .derrystrabane.com /sci If you m ake to w ish to m ake a representation to the draft SCI consultation you should do so in w riting or by via em ail by 5pm on Friday, 8th January 2016. Your response to this ‘Statement of Community Involvement’ can be m ade to the Developm ent Planning Project team by the follow ing m ethods:
Write a Letter to: The Planning O ffice, Developm ent Plan Section, O rchard House, 40 Foyle Street, Derry, BT48 6AT
Council O ffices 98 Strand Road, Derry, BT48 7NN
Council O ffices 47 Derry Road, Strabane, BT82 8DY
Email: planning@ derrystrabane.com
Comment on our social media channels: w w w .facebook.com /derrycityandstrabanedistrictcouncil w w w .tw itter.com /dcsdcouncil Tel: 0300-200-7830 or 028 71 253 253 For further inform ation, please contact the Planning O ffice, Developm ent Plan Section through any of the channels outlined above.
Contents 1.0 Introduction 2.0
The Community Plan and the LDP – Working in Tandem
3.0 What is the Statement of Community Involvement? Purpose of docum ent W ho is this docum ent for? A Vision of Participation Principles of Com m unity Involvem ent Transboundary Consultation
4.0
The Preparation of the Local Development Plan
Purpose, Structure and Process W ho can get involved? Em pow ering disadvantaged and under-represented groups How and w hen you can be involved in the preparation of your LDP Stage 1: Com m encem ent of the LDP/Developing Evidence Base Stage 2: Draft Plan Strategy Preparation Stage 3: Publication of Draft Plan Strategy Stage 4: Public Inspection of Representations Stage 5: Independent Exam ination (Draft Plan Strategy) Stage 6: Adoption of Plan Strategy Stage 7: Local Policies Plan Stage 8: Public Inspection of Representations Stage 9: Independent Exam ination (Local Policies Plan) Stage 10: Adoption of Local Policies Plan
5.0
Community Involvement in Development Management
Purpose Pre-Application Stage Application Stage Advertising Neighbour Notification Environm ental Im pact Assessm ent O btaining further inform ation and getting involved in planning applications Role of Council - Engagem ent Com m unity Involvem ent at the Planning Com m ittee Stage Post Application Stage - Com m unity Involvem ent after a Planning Application has been determ ined Post Application Stage - Involving the Com m unity W hen an Appeal is m ade against a Planning Refusal/Granted Conditions/Enforcem ent Notice
6.0
Community Involvement in Planning Enforcement
7.0
Community Involvement in Supplementary Planning Guidance
8.0
Community Involvement and Conservation Areas
9.0 Community Involvement in the Designation of a Simplified Planning Zone
Appendices Appendix A: General Consultation Bodies for Local Development Plan Documents Appendix B: Specific Consultation Bodies for Local Development Plan Documents Appendix C: Groups to be consulted when determining a planning application Appendix D: The Local Development Plan System Appendix E: Glossary
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1.0 Introduction 1.1
The Derry City and Strabane District Council area covers 1,342 square kilom etres and is hom e to approxim ately 148,000 people. It is a relatively ‘urban’ district w ith a large proportion of the population living w ithin our designated settlem ents and the rem ainder living in open countryside.
1.2
Planning is a significant and exciting new Council function as a result of local governm ent reform . The purpose of the planning system is to secure the orderly and consistent dev elopm ent of land w ith the objective of furthering sustainable developm ent and im proving w ell-being. This Council intends to sim ultaneously pursue econom ic and social priorities alongside the careful m anagem ent of our natural environm ent.
2.0 The Community Plan and the LDP – Working in Tandem 2.1
The Local Governm ent Act (Northern Ireland) 2014 conferred a st new duty of Com m unity Planning on Councils from 1 April 2015. Com m unity Planning is “a process led by councils in conjunction w ith partners and com m unities to develop and im plem ent a shared vision for their area, a long term vision w hich relates to all aspects of com m unity life and w hich also involves w orking together to plan and deliver better services which m ake a real difference to people’s lives.” O ur fram ew ork for progressing com m unity planning w ill m eet the key principles of: • •
•
Integration – The social, econom ic and environm ental w ellbeing of our District focussed on outcom es and people centred delivery; W hole system approach – Participation and engagem ent; citizens at the centre, Civic and com m unity leadership, partnership w orking, transparency and openness and equality and diversity; Robust evidence base – identification of real need rather than perceived need; allow ing targeted interventions to bring about m easured im provem ents and support ongoing m onitoring and evaluation of im pacts.
2.2
The LDP system aim s to m ove aw ay from the traditional narrow land use focus towards a ‘place shaping’ approach w hich incorporates a spatial analysis and visioning process. The new style of LDP provides a unique opportunity for this Council to genuinely shape our District for its local com m unities and w ill enable us to adopt a joined up approach, incorporating linkages to other functions such as regeneration, local econom ic developm ent and com m unity planning.
2.3
The duty of com m unity planning w ill require this Council to lead the process of creating a long term vision for the social, environm ental and econom ic w ellbeing of our area and its citizens, in partnership w ith the com m unity and service providers in the Derry City and Strabane District.
2.4
The Local Governm ent Act introduces a statutory link betw een the Com m unity Plan (CP) and the LDP, in that the preparation of the LDP m ust take account of the CP. It is intended that the LDP w ill be the spatial reflection of the CP and that the tw o should w ork in tandem tow ards the sam e vision for our Council area and our com m unities and set the long term social, econom ic and environm ental objectives for the Derry City and Strabane District area. O ur com m unity plan w ill thus provide the strategic context for the spatial planning responsibility as part of the LDP and help shape the long term future of our Council area.
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3.0 What is the Statement of Community Involvement? Purpose of document 3.1
The purpose of this Statem ent of Com m unity Involvem ent (SCI) is to define how w e w ill engage w ith the com m unity in the delivery of our planning functions. It is set w ithin the context of the Council’s Corporate Plan and m eets the requirem ents of the Planning Act (Northern Ireland) 2011, the Planning (Local Developm ent Plan) Regulations (NI) 2015 and the Planning (Statem ent of Com m unity Involvem ent) Regulations (Northern Ireland) 2015. The Council’s planning pow ers include: • • • • •
3.2
Developing a Local Developm ent Plan w hich w ill set out w hat the Council area should look like and how land should be used and developed in the future; Receiving and m aking decisions on the m ajority of planning applications; and Investigating alleged breaches of planning control and determ ining w hat enforcem ent action should be taken. Designations, variations or cancellations of Conservation Areas Carry out w ork on the Designation of Sim plified Planning Zones
This SCI describes how and w hen w e intend to involve the com m unity in the production of the Local Developm ent Plan, in the determ ination of planning applications, in planning enforcem ent, and in other planning m atters.
Who is this document for? 3.3
This docum ent is for ‘interested persons’ – that is anyone or any group likely to be interested in or affected by policies or proposals to be contained in the subsequent LDP. Sim ilarly it applies to anyone subm itting a planning application or to anyone or any group w ho considers they are likely to be affected by proposed developm ent related to a planning application. This w ill involve a w ide variety of people, including those w ho live or w ork in this District, those w ho derive their livelihood from its land and its m arine m argins, as w ell as those w ho enjoy it, care about it or m anage it in som e w ay. It w ill include individuals as w ell as stakeholder groups and larger organisations.
3.4
W e want to provide am ple opportunity for groups, businesses and individuals to be involved in shaping our District’s planned developm ent and by taking part in this plan-m aking process and being aw are of the planning process you can influence the decisions being m ade about the LDP and the built form of this District.
A Vision of Participation 3.5
“A sustainable society m ust be instilled w ith dem ocratic values. Its citizens m ust share a sense of effective participation in the decision m aking process. They m ust feel they have a say in their society’s developm ent and the skills, know ledge and ability to assum e responsibility for that developm ent.” The Sustainable Developm ent Strategy for Northern Ireland – First Steps tow ards Sustainability (DO E, 2006). 3
3.6
This is a shared vision of participation in decision m aking and it is therefore aim ed to ensure that: (i) Everyone has an early and inform ed opportunity to express their view s on the developm ent of the area and have it considered before decisions are m ade; (ii) All groups in our com m unity, regardless of religious belief, political opinion, racial group, age, sex, m arital status, physical ability, sexual orientation, and those w ith and w ithout dependants are enabled and em pow ered to participate;
3.7
It is intended to adopt a proactive and tim ely approach to com m unity involvem ent through a process of providing clear inform ation and encouraging participation during plan preparation and planning application subm ission, assessm ent and determ ination. The process m ust therefore be inform ative, user friendly, as inclusive as possible, and conducted in an open and transparent w ay. Every effort is to be m ade to engage the com m unity, record view s and provide feedback.
Principles of Community Involvement 3.8
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•
•
•
The follow ing principles have been draw n up to shape stakeholder engagem ent during the LDP preparation process, in the determ ination of planning applications, in planning enforcem ent, and in other planning m atters. These have been influenced by our previous experience in public/stakeholder engagem ent and feedback from stakeholders them selves. Culture of Engagem ent People should be aw are of the opportunity to participate in the planning process, and be encouraged to take part in the know ledge that the Council is truly interested in all opinions. Early Involvem ent W e will adopt a pro-active approach to ensure that the com m unity are given the opportunity to engage in the planning process at an early stage to facilitate the greatest potential benefit. Continuing Involvem ent O pportunities for ongoing involvem ent w ill be provided as part of a continuous process – both form al and inform al. O pen, Transparent, Inclusive and Fit For Purpose M ethods of engagem ent w ill be tailored to the experience and needs of the com m unity, and to the type of Local Developm ent Plan docum ent or planning application being considered, but realistic in term s of available resources. Clarity The planning process and the tim etables for producing or review ing Local Developm ent Plan docum ents w ill be clear to ensure that the com m unity can avail of the opportunity to participate in a tim ely and effective m anner. W e w ill endeavour to use plain English in our publications and avoid jargon w henever possible.
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Transboundary Consultation 3.9
Early and effective engagem ent w ith our neighbouring, including cross border, Council areas and relevant agencies w ill be essential as w e deliver on this new and exciting planning system . O ur Council District is extrem ely w ell suited to provide a regional level of service to m uch of the w estern part of NI and to a substantial part of Co Donegal. Planning for physical developm ent, social infrastructure, environm ental protection / enhancem ent and social developm ent is central to the developm ent of a strong North W est. O ngoing high levels of cooperation can help unlock the potential of the North W est – especially the Derry / Londonderry ~ Letterkenny Gatew ay as identified by the Northern Ireland Regional Developm ent Strategy (RDS) 2035 and the National Spatial Strategy in the Republic of Ireland.
3.10
There w ill be tim es w hen our District w ill need to undertake inform al and form al transboundary consultations w ith Donegal County Council as part of our planning w ork: LDP preparation: As part of the evidence gathering and baseline preparation, it is expected that planning officials w ill collaborate w ith their Donegal counterparts to ensure a ‘joined-up’ approach to planning and developm ent along our border region and relevant border settlem ents. Draft publications of the relevant plan docum ents w ill also be shared w ith Donegal Co Council seeking their input at key stages as w e progress our LDP through both stages of the Plan Strategy (PS) and the Local Policies Plan (LPP).
•
Sustainability Appraisal (SA) - incorporating Strategic Environm ental Assessm ent (SEA) Both stages of the LDP w ill be subject to an SA, the purpose of w hich is to prom ote sustainable developm ent through the integration of social, environm ental and econom ic considerations into the plan m aking process. The environm ental considerations w ill be assessed as part of the SEA w hich m ust com ply w ith the requirem ents of the European Directive 2001/42/EC on the Assessment of effects on certain Plans and Programmes and the corresponding NI legislation (Environmental Assessment of Plans and Programmes Regulations NI 2004) w hich transposes the SEA Directive.
•
Inform al and possibly form al consultation w ill be required w ith Donegal Co Council and the RO I Departm ent of Environm ent, Com m unity and Local Governm ent (DECLG) at various stages during the SEA process to assist w ith providing baseline inform ation, highlight issues and initiate inform al discussions regarding transboundary consultations on the subsequent SA and SEA reports. These tw o reports w ill highlight to Donegal Co Council and DECLG w hether our Council considers our draft LDP is likely to have any significant effects in the ROI and if so w hat m itigation is being considered to avoid or m inim ise such effects.
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•
Habitats Regulation Assessm ent (HRA) The Habitats and Birds Directive aim to m aintain or restore the favourable conservation status of habitats and species of com m unity interest. Special Areas of Conservation and Special Protection Areas are designated to afford protection to habitats and species listed in the Habitats and Birds Directive. HRA is required by the Conservation (Natural Habitats, etc.) Regulations (NI) 1995 (as am ended). It aim s to assess possible adverse effects on the SPA’s and SAC’s as w ell as Ram sar sites as a result of the im plem entation of the policies and proposals in the PS and the LPP. Given our proxim ity to Co Donegal and the significant num ber of European protected sites w ithin it, som e of w hich are linked into our district by river and m arine environm ents, consultation w ill be undertaken w ith Donegal Co Council as part of the HRA process to ensure all possible effects are identified and avoided.
3.11
The Developm ent M anagem ent Process Certain types of planning application are m ore likely to generate cross border issues than others. Single turbines, w ind farm s and those applications w ith possible environm ental issues i.e. next to protected w atercourses, in border locations m ay require consultation w ith our planning counterparts in Co Donegal. For those applications w here visual and environm ental protection along the border are relevant concerns, this council w ill seek to liaise w ith planning officials in Co Donegal to ensure all such issues are identified, considered and m itigated for.
3.12
Surrounding NI councils Such transboundary consultation w ill be in addition to the planning liaison that our district w ill sim ilarly undertake w ith our neighbouring Council districts in NI – O m agh & Ferm anagh, M id Ulster and Causew ay Coast and Glens as part of our LDP and developm ent m anagem ent processes.
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4.0 The Preparation of the Local Development Plan Purpose, Structure and Process 4.1
The purpose of the Derry City and Strabane District Local Developm ent Plan, com prising the Plan Strategy and Local Policies Plan, is to inform the general public, statutory authorities, developers and other interested bodies of the policy fram ew ork and land use proposals that w ill im plem ent the strategic objectives of the Regional Developm ent Strategy and guide developm ent decisions w ithin Derry City and Strabane District up to 2030. •
The purpose of a Local Developm ent Plan (LDP) is to inform the general public, statutory authorities, developers and other interested parties of the policy fram ew ork and land use proposals that w ill guide developm ent decisions.
•
O ur new LDP w ill be prepared w ithin the context of the Council’s Corporate Plan and w ill co-ordinate w ith the Com m unity Planning process to enable us to plan positively for the future of our District. It w ill ensure that lands are appropriately zoned and that our infrastructure is enhanced to develop the District for future generations.
•
The LDP m ust also take account of the regional policy context set by the Northern Ireland Executive and Central Governm ent Departm ents. This includes, am ongst others, the Sustainable Developm ent Strategy, Regional Developm ent Strategy and Strategic Planning Policy Statem ent, published in final form in Septem ber 2015.
•
The LDP w ill com prise tw o separate docum ents that w ill shape developm ent w ithin our District over the period 2015 - 2030. Accordingly, it is im portant that all our citizens w ith an interest in the future developm ent of our District over this tim e period becom e engaged in this LDP process. The first new developm ent plan docum ent w ill be a Plan Strategy w hich w ill be follow ed by a Local Policies Plan. The LDP w ill, on adoption, replace the current developm ent plans for the District and operational planning policies that w ere produced by the Departm ent of the Environm ent.
•
Before the developm ent plan docum ents are prepared w e w ill identify key planning issues and define a range of options for addressing these issues. This w ill culm inate in the publication of a Preferred O ptions Paper.
•
The Plan Strategy w ill define the strategic objectives for the future developm ent of the District. It w ill include a range of strategic policies to facilitate and m anage developm ent and a spatial strategy that indicates in broad strategic term s the locations w here different types of developm ent w ill be prom oted.
•
O nce the Plan Strategy is adopted, w e w ill prepare a Local Policies Plan. This w ill include the site-specific proposals, policy designations and land-use zonings that w ill be required to 7
deliver our vision, objectives, spatial strategy and strategic policies that w ill be defined in our Plan Strategy. •
W e will undertake an ongoing proc ess of sustainability appraisal w hich w ill run parallel to the preparation of the Preferred O ptions Paper, Plan Strategy and Local Policies Plan. This appraisal process aim s to ensure that the policies and proposals in the LDP are socially, econom ically and environm entally sustainable. Relevant reports w ill be published at each of the key stages of the plan m aking process. This w ill include consultation on the scope of the appraisal at the Preferred O ptions Paper stage.
Who can get involved? 4.2
Derry City and Strabane District Council w ill involve the com m unity at an early stage in the planning process and anyone w ho w ishes to get involved is encouraged to do so at the opportunities provided. In particular the view s of the follow ing groups of people w ill be sought: • People living w ithin the Derry City and Strabane District Council area. • Elected representatives; • Voluntary groups; • Com m unity forum s / groups / um brella organisations; • Environm ental groups; • Residents groups; • Business interests; and • Developers / landow ners.
4.3
Elected m em bers, forum s, com m unity and residents groups provide a voice for the local com m unity. O ther voluntary and interest groups also bring a special know ledge and can ensure that im portant concerns are addressed.
Empowering disadvantaged and under-represented groups 4.4
Section 75 of the Northern Ireland Act 1998 requires a public authority, in carrying out its functions relating to Northern Ireland, to have due regard to the need to prom ote equality of opportunity betw een: • Persons of different religious belief, political opinion, racial group, age, m arital status or sexual orientation; • M en and w om en generally; • Persons w ith a disability and persons w ithout; and • Persons w ith dependants and persons w ithout.
4.5
In addition, w ithout prejudice to the above obligations, public authorities are required to have regard to the desirability of prom oting good relations betw een persons of different religious belief, political opinion or race. The above “Section 75 groups” are im portant participants w ithin the planning process and include people w ho traditionally have been under represented or disadvantaged. These groups w ill be targeted through the consultation process on the local developm ent plan in order to obtain their view s and contribute to the consideration of equality issues under Section 75. Their view s on any equality screening docum ents or Equality Im pact Assessm ents w ill also 8
4.6
4.7
4.8
4.9
4.10
be sought w ithin the specified period for com m ent along w ith the Draft Plan Strategy and Draft Local Policies Plan. Section 75 Groups/com m unity organisations It is acknow ledged that the num erous Section 75 groups/com m unity organisations in our District are frequently sent consultations seeking input. Reading such consultations and choosing to m ake representations can be tim e consum ing, particularly for those Section 75 / com m unity groups w ith lim ited resources. In order to facilitate m eaningful consultation throughout the LDP process, it is proposed that as part of the SCI process such groups w ill be asked to respond indicating their desire to be consulted on an on-going basis throughout all stages of the LDP process. This "opt-in" option w ill reduce unnecessary consultation w ith such groups w ho do not w ish to be involved in the LDP process and w ill enable the LDP team to focus their consultation process m ore effectively on those groups w ho have indicated an interest. Those groups/com m unity organisations that don’t respond w ill still be able to stay inform ed through regular updates in the local press, council w ebsite or by attending public m eetings w hich w ill be advertised in advance. How ever, at any stage the option w ill alw ays exist for those groups/com m unity organisations to contact the Council and request that they be able to participate in the LDP preparation. Children and Young People A significant proportion of our District’s population com prises children and young people. Latest statistics indicate that over a fifth of our population are under the age of 15. Therefore it is crucial that in planning for our District’s future w e w ill need to listen to our children and young people and plan accordingly. Planning officials w ill w ork closely w ith the Council’s Children and Young Persons O fficer and w ill be exploring new and innovative w ays to engage w ith our children and young people. This could involve the use of appropriate social m edia and other relevant e-based learning initiatives and possibly partnerships w ith other groups. Participation w ith schools and children and young people w ill also be an im portant feature of the LDP consultation process. The LDP team w ill endeavour to arrange m eetings w ith children and young people at venues convenient and accessible to them , such as youth venues and schools, at w hich officials, teachers and youth leaders can discuss w ith them their thoughts on planning and learn their aspirations for the future developm ent of this District. Accessibility for everyone The Council encourages all our Section 75 groups / com m unity organisations to register their interest and assist in contributing to the preparation of this Local Developm ent Plan for the future benefit of all in our District. To ensure that local developm ent plan and consultation docum ents are accessible to everyone they w ill be m ade available upon request in different form ats upon request, including electronic, Braille, large text print, audiocassette. Plain English is to be used for all publications. A telephone, fax num ber and a text phone num ber w ill be stated 9
on each docum ent for people w ith hearing or speech im pairm ents. If for any reason, a request for a docum ent in a particular alternative form at cannot be m et, other possible solutions w ill be explored.
How and when you can be involved in the preparation of your LDP: 4.11
The preparation of our Local Developm ent Plan com prises different stages, each presenting significant opportunities for com m unity involvem ent and shaping the LDP’s eventual outcom e.
Stage 1: Commencement of the LDP/Developing Evidence Base 4.12
The Statem ent of Com m unity Involvem ent (SCI) is published w ith a LDP Tim etable. The LDP tim etable w ill set out the Council’s program m e for the production of the Plan Strategy and Local Policies Plan including key m ilestones and tim elines for plan production through to adoption. Prior to the publication of the tim etable the Council has undertaken a w ide range of preparatory studies in order to inform the preparation of a Preferred Options Paper (POP). These preparatory studies w ill be published alongside the PO P in order to assist the public debate.
What we will do: • • •
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W e will hold an SCI publication event and exhibition, publish our tim etable, and invite initial view s about the District’s strategic planning issues; W e will dissem inate appropriate inform atio n, m eet local groups and consider new w ays of engaging w ith the local com m unity and our children and young people; Form ation of a Steering Group com prising the Council Planning Com m ittee, w ith the Council Chief Executive and Head of Planning. This is the highlevel coordinating body that w ill ensure overview and strategic input on behalf of the w hole com m unity, as w ell as from the planning professionals; Form ation of a Project M anagem ent Team com prising Senior Council O fficers from the Council, the Principal Planning O fficer and representatives from the key statutory/governm ent departm ents. The purpose of the team is to ensure key consultees co-operate in the plan m aking process. The Project M anagem ent team w ill be consulted on and act as the screening and scoping group for the Sustainability Appraisal, incorporating Strategic Environm ental Assessm ent (SEA), and Equality Im pact Assessm ent; This Statem ent of Com m unity Involvem ent (SCI) is prepared at this initial stage, listing the key consultees, Com m unity Groups and under-represented (Section 75) groups w ho w ill be actively encouraged to participate in the process. These lists w ill be kept under review and w ritten requests for inclusion from additional bodies w ill be considered; Key consultees w ill receive w ritten invitation requesting them to participate in the plan m aking process by providing inform ation
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on the key strategic issues that the local developm ent plan should address; Under represented (Section 75) groups w ill be invited to identify w hether there are any types of planning policies w hich are likely to have a significant im pact on the groups they represent. They w ill also be provided opportunity to identify any particular issues or needs w hich they feel the plan should address. W here requested this can be done through a face to face m eeting w ith a planning official. Any com m ents received w ill be taken into account w hen screening and scoping the Equality Im pact Assessm ent; Stakeholder Groups w ill be set up. These w ill be inform al w orking groups set up on an ad hoc basis dealing w ith issues/topics relevant to our Council w hich em erge during the process of engagem ent w ith the public and councillors e.g. retail/com m erce, business, environm ental. The Scoping Report of the Sustainability Appraisal incorporating SEA w ill be sent to the statutory consultation body and if necessary, the Departm ent of Environm ent (DO E) m ay be requested to undertake trans-boundary consultation w ith the Republic of Ireland.
Stage 2: Draft Plan Strategy Preparation 4.13
This stage represents the start of w ork on a Derry City and Strabane District Local Developm ent Plan. It com m ences w ith the publication of Preferred Options Paper (PO P) setting out the key plan issues and the preferred options available to address them . The PO P is a consultation paper to prom ote debate on issues of strategic significance w hich are likely to influence the shape of future developm ent w ithin Derry City and Strabane District. The intention is to stim ulate a w ide-ranging, yet focused, debate and encourage feedback from a w ide variety of interests. Any representations or view s received as a consequence of its publication w ill be considered w hilst form ulating the Draft Plan Strategy.
4.14
The PO P is subject to a Sustainability Appraisal, including the Strategic Environm ental and Equality Im pact Assessm ents. The SA is a continual process w hich runs parallel w ith the preparation of the PO P and Local Developm ent Plan (LDP). An SA Interim Report (consisting of SA Scoping Report and assessm ent of alternatives) w ill be published w ith the PO P.
What we will do: •
Issue a public notice in the local new spapers currently being used by Council for tw o consecutive w eeks, Belfast Gazette and on the council w ebsite detailing:
(i) The intention to prepare a local developm ent plan, accom panied by a Sustainability Appraisal, incorporating SEA and an Equality Im pact Assessm ent; (ii)
Publication of the POP inviting com m ent w ithin 8 to 12 w eeks;
(iii)
Com m unity m eetings, exhibitions and pop-in inform ation sessions;
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(iv)
• • • • •
•
•
•
Publication of the Screening and Scoping Papers for the Strategic Environm ental and Equality Im pact Assessm ents, the intention to prepare a Local Developm ent Plan and invite com m ents on the Preferred O ptions Paper.
M ake the Strategic Countryside Assessment and Topic Papers available on the w ebsite and provide hard copy at a specified price; Issue a press release about the intention to prepare a local developm ent plan and draw ing attention to the PO P and the public consultation; Hold a launch and exhibition to announce the publication of the Preferred O ptions Paper; Hold public meetings and exhibitions w ith drop-in sessions in Derry, Strabane and Castlederg; Write to key consultees and elected members providing them w ith a copy of the PO P and inviting them to; attend the launch; provide com m ents w ithin 8 to 12 w eeks; inform them of the public m eetings, exhibition and drop-in inform ation sessions; Write to local community groups and under-represented (Section 75) groups providing them w ith a copy of the PO P and inviting them to; com m ent w ithin 8 to 12 w eeks; attend the public m eetings, exhibition and drop-in inform ation sessions; and offering the opportunity of a m eeting w ith a planning officer to record their view s; A Public Consultation Report w ill be presented to elected m em bers follow ing the 8 to 12 w eek consultation period. This w ill contain a sum m ary of each representation and professional com m ent, recording w here m em bers take a different view and the rationale for that view . This w ill be taken into account w hilst form ulating the Draft Local Developm ent Plan; The Project Plan Team w ill be given an opportunity to com m ent on em erging policy for inclusion in the Draft Plan Strategy and w ill be an integral part of testing em erging policy through the Sustainability Appraisal, incorporating SEA and Equality Im pact Assessm ent process;
Stage 3: Publication of Draft Plan Strategy 4.15
The draft Plan Strategy w ill set out the Council’s objectives and strategic policies regarding the future developm ent of the area. It w ill be a public consultation docum ent and form a key part of the public participation process.
4.16
The draft Plan Strategy is a public consultation docum ent and is not the final plan. It is an indication of our intentions regarding the future developm ent of the area, and is a key part of the public participation process.
What we will do: •
Issue a public notice in the local new spapers currently being used by Council, the Belfast Gazette and on the council w ebsite for tw o consecutive w eeks. This notice should state: (i) Publication of Draft Plan Strategy and accom panying Sustainability Appraisal including the Environm ental Report and Equality Report and how to view or obtain copies; (ii)
The dates and locations of public exhibitions; 12
(iii) The 8 w eek consultation period and closing date for receipt of representations to the Draft Plan Strategy and accom panying Sustainability Appraisal Report and Equality Im pact Assessm ent; •
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•
•
M ake the Draft Plan Strategy, the Sustainability Appraisal including the Environm ental Report and Equality Report, and the Public Consultation Report available on the council w ebsite, at the Council O ffices in Derry and Strabane and provide hard copies upon request at a specified price; Hold launch and exhibition to announce the publication of the Draft Plan Strategy and issue press releases; Hold public exhibitions at advertised locations w here Planning O fficers w ill be available to answ er any questions; Write to key consultees and elected members to inform them of; the publication of the Draft Plan Strategy, the dates of the public exhibitions; the 8 w eek consultation period and the closing date for representations and provide them w ith a copy of the docum ent; Write to all who submitted a representation to the POP inform ing them of the publication of the Draft Plan Strateg y and accom panying docum ents; advising how they can view or obtain copies; the dates of the public exhibitions; the 8 w eek consultation period and closing date for representations; Representations w ill be reported to the Elected M em bers before being forw arded to the Departm ent of Environm ent to determ ine w hether and if appropriate, an Independent Exam ination is to be held.
Stage 4: Public Inspection of Representations 4.17
All representations are to be m ade available for public inspection as part of the public consultation process. Interested parties m ay also com m ent on site specific representations that have been received (counter representations). These w ill also be considered at the Independent Exam ination.
What we will do: • • •
• •
M ake copies of representations available for inspection in the Council O ffices and on the Council w ebsite; W rite to key consultees and elected m em bers inform ing them that representations are available for inspection and the places and tim es at w hich they can be inspected; Issue a public notice in the local new spapers currently being used by Council for tw o w eeks, Belfast Gazette, and on the w ebsite of the availability of representations for inspection and the 8 w eek consultation period including closing date for counter representations; M ake the counter-representations available on council w ebsite, and at our Council offices for inspection; and Report counter representations to the Elected M em bers before being forw arded to the Departm ent of Environm ent.
Stage 5: Independent Examination (Draft Plan Strategy) 4.18
The purpose of the Independent Exam ination (IE) is to determ ine the soundness of the Draft Plan Strategy, taking into account 13
representations or counter representations. The Council w ill be available to answ er any question of the Independent Exam iners and provide com m ent on the representations and counter representations.
What we will do: • •
•
•
Continue to m ake the Draft Plan Strategy, and any accom panying docum entation available on the w ebsite; Advertise dates, tim es and venues for the Independent Exam ination at least 4 w eeks before the Exam ination is to be held indicating that representations and counter representations are available for inspection; Notify all persons w ho subm itted representations and counter representations to Draft Plan Strategy of the arrangem ents for the IE indicating that representations and counter representations are available for inspection; Request key consultees to provide com m ent on the representations and counter representations for consideration at the Independent Exam ination.
Stage 6: Adoption of Plan Strategy 4.19
Follow ing the IE, the Departm ent of Environm ent w ill issue a Direction to the Council, requiring it to adopt the Draft Plan Strategy as originally prepared or w ith m odifications. The Council m ay also be directed to w ithdraw the Draft Plan Strategy. In either scenario, the DO E w ill be expected to give reasons for their decisions.
What we will do: •
•
•
Issue a public notice in the local new spapers currently being used by Council, in the Belfast Gazette and on the council w ebsite for tw o consecutive w eeks detailing the: (i) Adoption of the Plan Strategy; (ii) W here to get copies of the Plan Strategy and any accom panying docum ents, the Departm ent’s Direction and the Independent Exam iner’s Report; M ake the Plan Strategy and any accom panying docum ents, the Departm ent’s Direction and Independent Exam iner’s Report available on the w ebsite w ith hard copy available on request for a specified price; W rite to key consultees and those subm itting representations and counter representations advising them of the adopted Plan Strategy, and w here to obtain copies together w ith the Departm ent’s Direction and the Independent Exam iner’s Report. Also advise them of the com m encem ent of w ork on the Local Policies Plan.
Stage 7: Local Policies Plan 4.20 The Local Policies Plan is the second docum ent com prising the Local Developm ent Plan. The Draft Local Policies Plan is a public consultation docum ent and is not the final part of the plan. The Draft Local Policies Plan w ill be consistent w ith the adopted Plan Strategy and w ill be the Council’s detailed land use proposals regarding the future developm ent of the area. This draft docum ent is a key part of the public participation process.
What we will do: 14
•
Issue a public notice in the local new spapers currently being used by Council, the Belfast Gazette and on the council w ebsite for tw o consecutive w eeks, detailing: (i)
Publication of Draft Local Policies Plan ;
(ii)
The dates and locations of public exhibitions;
(iii) •
• • •
•
•
The 8 w eek period and closing date for receipt of representations; M ake the Draft Local Policies Plan and any supporting docum entation including detailed Countryside Assessm ent and Housing Capacity Study available on the council w ebsite. Hard copies w ill be available upon request at a specified price from the Council O ffice; Hold launch and exhibition to announce the publication of the Draft Local Policies Plan and issue a press release; Hold public exhibitions at advertised locations w here Planning O fficers w ill be available to answ er any questions; W rite to key consultees and elected m em bers to inform them of; the publication of the Draft Local Policies Plan, the dates of the public exhibitions; the 8 w eek consultation period and the closing date for representations and provide them w ith a copy of the docum ent; W rite to all w ho subm itted a representation inform ing them of the publication of the Local Policies Plan and accom panying docum ents advising how they can view or obtain copies; the dates of the public exhibitions; the 8 w eek period and closing date for representations; Representations w ill be reported to the Elected M em bers before being forw arded to the Departm ent of Environm ent to determ ine w hether and if appropriate, an Independent Exam ination is to be held.
Stage 8: Public Inspection of Representations 4.21
All representations to the Draft Local Policies Plan w ill be m ade available for public inspection. Interested parties m ay also com m ent on site specific representations that have been received (counter representations).
What we will do: • • •
•
•
M ake copies of representations available for inspection in the Council O ffices and on the w ebsite; W rite to Key Consultees and Elected Members inform ing them that representations are available for inspection and the places and tim es at w hich they can be inspected; Issue a Public Notice in the local new spapers currently being used by Council for tw o w eeks, Belfast Gazette, and on the w ebsite of the availability of representations for inspection and the 8 w eek consultation period including closing date, for counter representations; M ake the counter- representations available on the w ebsite and at the Council O ffice for inspection. Hard copies of counter representations can also be provided upon request at a specified price. Counter representations w ill be reported to the Elected M em bers before being forw arded to the Departm ent of Environm ent. 15
Stage 9: Independent Examination (Local Policies Plan) 4.22 The purpose of the Independent Exam ination is to determ ine the soundness of the Local Policies Plan taking into account representations and counter representations. The Council’s planning officers w ill be available to answ er any question of the Independent Exam iners and provide com m ent on the representations and counter representations.
What we will do: • •
•
•
Continue to m ake the Draft Local Policies Plan, and all accom panying docum entation available on the w ebsite; Advertise dates, tim es and venues for the Independent Exam ination at least 4 w eeks before Exam ination is to be held indicating that representations and counter representations are available for inspection; Notify all persons w ho subm itted representations and counter representations to the Draft Local Policies Plan of the arrangem ents for the Independent Exam ination indicating that representations and counter representations are available for inspection; Request key consultees to provide com m ent on the representations and counter representations for consideration at the IE.
Stage 10: Adoption of Local Policies Plan 4.23 Follow ing the IE, the Departm ent w ill issue a Direction to the Council, requiring it to adopt the Draft Local Policies Plan as originally prepared or w ith m odifications. The Council m ay also be directed to w ithdraw the Draft Local Policies Plan. In either scenario, the Departm ent w ill be expected to give reasons for their decisions.
What we will do: •
•
•
Issue a public notice in the local new spapers currently being used by Council, in the Belfast Gazette and on the councils w ebsite for tw o consecutive w eeks, detailing the: (i)
Adoption of the Local Policies Plan; and
(ii)
W here to get copies of the Local Policies Plan, the Departm ent of Environm ent Direction and the Independent Exam iner’s Report;
M ake the Local Policies Plan and accom panying docum ents, the Departm ent’s Direction and Independent Exam iner’s Report available on the council w ebsite w ith hard copy available on request for a specified price; W rite to key consultees and those subm itting representations and counter representations advising them of the adopted Local Policies Plan, and w here to obtain copies together w ith the Departm ent of Environm ent’s Direction and the Independent Exam iner’s Report.
Review of the Statement of Community Involvement
4.24 Follow ing the adoption of the Plan Strategy and Local Policies Plan the Council w ill identify its w ork priorities for the next five 16
years in a new tim etable. It m ay also issue a new Statem ent of Com m unity Involvem ent if considered appropriate. In addition the Council w ill engage in m onitoring and review w hich are essential in establishing how the objectives in the Local Developm ent Plan are being achieved and w hether any changes are required.
5.0 Community Involvement in Development Management Purpose 5.1
The Council is now responsible for receiving and m aking decisions on the m ajority of planning applications in the District. W e also deal with listed building applications, consent for works in a conservation area, w orks to protected trees and advertising consent.
5.2
All planning applications are now categorised on receip t as local, m ajor or regionally significant, w ith the Council responsible for determ ining all local and m ajor applications.
5.3
Regionally significant developm ents are those w hich are considered to have a critical contribution to m ake in regard to the econom ic and social success of Northern Ireland as a w hole, or to a substantial part of the region. Such proposals also include developm ents w hich have significant effects beyond Northern Ireland or involve a substantial departure from a Local Developm ent Plan. Regionally significant applications are processed by the Departm ent of the Environm ent.
5.4
M ajor developm ents have im portant econom ic, social and environm ental im plications for the Council. Due to the potential of these proposals to deliver im portant benefits to the com m unity, m ajor applications are prioritised to avoid undue delay at the risk of investm ent decisions. Com m on exam ples of m ajor developm ent proposals include:
• • •
5.5
A housing developm ent involving the construction of over 50 units, or w here the area of the site exceeds 2 hectares; A business, industry, storage and distribution developm ent that com prises 5,000 square m etres or m ore gross floorspace; or the area of the site is or exceeds 1 hectare; A w ind farm or solar farm (or other types of electricity generating stations) w here its capacity is or exceeds 5 m egaw atts. Local developm ent proposals are those applications w hich are not considered to be regionally significant or m ajor. The vast m ajority of planning applications are likely to constitute local developm ents and these w ill include m ost com m ercial and housing proposals as w ell as m inor schem es and householder developm ent. It is estim ated that over 90% of all planning applications received by the Council w ill be categorised as local developm ent. 17
5.6
Developm ent M anagem ent is the process through w hich such applications are considered. An im portant part of the process is to provide inform ation and advice to applicants, and to seek and take into account the view s of the general public and those consulted on all planning applications. The statutory requirem ents for consultation on planning applications are set out in legislation and vary according to the type of proposal but include notification to specified bodies and general publicity.
5.7
W e receive a w ide variety of planning applications and therefore the need for, and degree of com m unity involvem ent w ill vary according to the scale and com plexity of the application.
5.8 •
The follow ing section looks at: How the public can becom e involved at the various stages of the application process; and How the level of com m unity involvem ent w ill depend on the scale of the application.
•
Pre-Application Stage 5.9
Pre-Application Discussions (PADs) Pre-application discussions are encouraged for a range of types of applications, both m ajor and local. The objective of preapplication discussions should be to confirm w hether the principle of developm ent is acceptable and to clarify the form at, type and level of detail required to enable the council to determ ine an application. For m ajor applications it w ill also enable the applicant to discuss w ith the council details of how the com m unity should be involved in the decision-m aking process.
Pre-Application Community Consultation (PACC) 5.10
Legislation now exists that requires applicants to inform and involve the w ider com m unity in discussion prior to subm itting a form al planning application for a m ajor application in order to help to create better quality developm ents and place m aking from the outset. Applicants subm itting m ajor applications to the council or as the case m ay be the Departm ent of the Environm ent m ust undertake com m unity consultation before subm itting their application.
5.11
A part of this process, applicants m ust:
•
Notify the Council, at least 12 w eeks in advance, that an application for a m ajor planning application is to be subm itted;
•
Hold at least one public event w here the com m unity w ill be afforded the opportunity to m ake com m ent;
•
Publish details of the proposal in the local press, outlining w here further details about the schem e can be obtained and the date, tim e and location of the public event;
•
Subm it a pre-application com m unity consultation report to accom pany the application.
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5.12
Such pre-application consultation is likely to be m ore successful if the applicant m akes significant efforts to open lines of com m unication w ith, and provide feedback to, local com m unities and w ork w ith them to secure developm ent proposals w hich, as far as possible, are acceptable to everyone.
5.13
W here applicants fail to fully m eet the pre -application com m unity consultation requirem ents the Council w ill decline to determ ine the application. W e would stress to all applicants considering subm itting m ajor planning applications to seek a Pre-Application Discussion (PAD) w ith planning officers.
Application Stage 5.14
W hen a planning application is subm itted to us for determ ination, you w ill have the opportunity to express your opinion in regard to how you m ay be affected by a proposal.
5.15
W e w ill inform the public of all planning applications w hen required through:
• • 5.16
Advertising; and Neighbour Notification The Council undertake statutory publicity in accordance w ith current legislation. Governm ent m ay change the statutory publicity requirem ents and our future approach w ill reflect any changes that are m ade. W here relevant, w e w ill also engage w ith the com m unity through the Environm ental Im pact Assessm ent (EIA) regulations.
Advertising 5.17 The Council w ill advertise all new applications on a w eekly basis in the: • Derry Journal • Londonderry Sentinel • Ulster Herald • Strabane Chronicle • Tyrone Constitution • Strabane W eekly This w ill subject to review in line w ith any w ider Council review on costs and advertisem ent selection lists. 5.18
The w eekly list of all new applications received by the Council can also be view ed on our w ebsite.
5.19
The Notice placed in the local new spapers and on the w ebsite advises that any representations to be m ade should be received w ithin 14 days of publication (4 w eeks in the case of EIA applications) to assist efficient processing of applications. How ever, it should be noted that any late representations m ade on an application, provided they are received before a decision is m ade, w ill be considered.
Neighbour Notification 5.20 The 2011 Act provides via the General Developm ent Procedure O rder, that upon receipt of a developm ent proposal, the Council (or w here relevant the Departm ent of the Environm ent) shall 19
5.21
serve notice of the application to any identified occupier on neighbouring lands. In accordance w ith the statutory schem e notification letters should be sent to the occupiers of neighbouring prem ises w hich fulfil both of the follow ing criteria - the property in question is w ithin 90 m etres and directly adjoins the boundary of the application site - or w ould adjoin the boundary but for an entry or a road less than 20 m etres w ide. W here such a property is in m ultiple occupation, then notification should be sent to all the occupants of the property.
5.22 W hen carrying out site inspections, Planning Officers will also check the accuracy of the neighbour notification details supplied on the application form , and m ay add details as considered appropriate. 5.23 Again the notification letter advises that any representations you m ay w ish to m ake should be received w ithin 14 days of publication (4 w eeks in the case of EIA applications) to assist efficient processing of applications. How ever, it should be noted that any late representations m ade on an application, provided they are received before a decision is m ade, w ill be considered.
Environmental Impact Assessment 5.24 Under European law Environm ental Im pact Assessm ent (EIA) is required for certain proposals and seeks to ensure that the likely effects of new developm ent on the environm ent are fully understood and taken into account before consent is given for the developm ent to proceed. 5.25 The Environm ental Statem ent (ES) is produced as part of an EIA and brings together in a single docum ent or series of docum ents inform ation about a proposed developm ent and its likely effects on the environm ent. 5.26 In m ost cases it w ill fall to the council to determ ine if the application is an EIA application. It should be noted that if an application is an EIA application it cannot be processed until the ES is received. W hen an applicant subm its an ES in support of a planning application, the Council w ill publish a notice of its receipt in a relevant local new spaper and indicate w here it m ay be purchased and the address of the Council O ffice w here it m ay be inspected. The Council w ill also allow 4 w eeks from the date the notice is first published for representation to be m ade.
5.27
O btaining further inform ation and getting involved in planning applications The w eekly lists of planning applications received w ithin the council area are also available on the council w ebsite and the Northern Ireland Planning Portal (w w w .planningni.gov.uk). Planning applications, including supporting docum ents and corresponding plans, can be view ed online and at the council offices during norm al office hours. Planning O fficers are available to give advice on current or proposed applications (you are advised to m ake an appointm ent if you w ish to speak to a particular officer). To facilitate public involvem ent, a Planning Clinic also takes place every W ednesday in the Council’s Strabane O ffice, w here a Duty Planner is available to give advice on current or proposed applications. 20 Â
Â
Public Register 5.28 The Council w ill m ake the application, plans and any associated environm ental statem ent available on a public register in accordance w ith Section 242 of the Planning Act. Each register w ill contain the follow ing inform ation: • a copy of each application together w ith copies of plans and draw ings subm itted; • the decision notice, if any, in respect of the application, including details of any conditions subject to w hich perm ission or consent w as granted; • the reference num ber, the date and any decision of the PAC in respect of the application; and • brief details of any revocation or m odification relating to any perm ission or consent, including date of issue. The Council w ill m ake the application file available for inspection, by appointm ent. The am ount of inform ation on the file, w ill of course, be dependent on the stages the application has com pleted. Should you require copies, you m ay incur costs associated w ith the copying of this inform ation. Details of the relevant fees are available on request from the District Planning O ffice.
Freedom of Information
5.29 The Freedom of Inform ation Act 2000 gives a general right of access to all types of recorded inform ation, w ith som e exem ptions, held by public authorities. O ne of the responsibilities under the Act is to produce and m aintain a publication schem e, w hich is designed to allow easy access to inform ation not routinely available from other sources. You can view the FO I inform ation at: http://w w w .derrystrabane.com /Council/Freedom -of-Inform ation
Submitting Comments 5.30 Individuals, groups and organisations can com m ent on a planning application even if they have not been neighbour notified by the Council. All com m ents w ill be carefully considered. Care should be taken w hen m aking com m ents to the council to ensure that no personal data is included. You can m ake com m ents in a variety of w ays: Telephone: 0300 200 7830 Textphone: 028 71 376646 By em ail: planning@ derrystrabane.com (Please quote the application num ber) By Public Access for Planning Applications: http://epicpublic.planningni.gov.uk/publicaccess/registrationW i zard.do?action=start By post to: The Planning O ffice, Developm ent M anagem ent Section, O rchard House, 40 Foyle Street, Derry, BT48 6AT All w ritten com m ents on an application w ill be acknow ledged w ithin five w orking days. Please note that in order to ensure that 21
representations are associated w ith the correct application, the Council w ould request that the application reference is quoted in all correspondence. 5.31
O nly certain issues, referred to as ‘m aterial planning considerations’, are taken into account w hen deciding a planning application. M aterial considerations m ust be genuine planning considerations, and the basic question is not w hether ow ners and occupiers of neighbouring properties w ould experience financial or other loss from a particular developm ent, but w hether the proposal w ould unacceptably affect am enities and the existing use of land and buildings that ought to be protected in the public interest. Exam ples of m aterial considerations include: • • • • • • • •
Potential im pact of a proposal upon the environm ent; The design of a proposed developm ent and its relationship to its surroundings; Access and provision of infrastructure; Loss of sunlight and/or daylight; Loss of privacy; Noise, disturbance and sm ells; Road Safety; and Proposed landscaping.
5.32 Generally, greater w eight is attached to issues w hich are supported by evidence rather than by assertion alone. You m ust ensure that your com m ents relate to relevant planning m atters. Any personal inform ation contained w ithin representations received w ill be redacted, as w ill any com m ents or inform ation w e consider as being derogatory or offensive in nature. Com m ents or inform ation considered as being derogatory or offensive in nature; concerning neighbour disputes or that are m ade for m oral reasons are not relevant planning m atters and cannot therefore be taken into account. W here responses are solely based on such m atters and raise no m aterial planning m atters they m ay be returned. 5.33 All representations m ade in regard to a planning application w ill be acknow ledged w ithin five w orking days of receipt. The acknow ledgem ent letter w ill set out w ho is dealing w ith the application and w ho to contact if there are any questions. All com m ents w ill be sum m arised and fully considered w ithin the Planning Officer’s report. The Council w ill not norm ally contact the respondent again until after a decision is m ade unless the application is significantly altered, or is w ithdraw n.
Role of council – Engagement 5.34 The Council m ay, if it considers it appropriate to do so, stage public exhibitions, issue press releases or arrange public m eetings to provide inform ation about m ajor developm ents or proposals w hich are particularly significant or m ay have w idespread effects on com m unities. 5.35 The Council w ill consult w ith a range of Statutory Consultees (see appendix C) to assist in the determ ination of an application. If a representation raises issues that are relevant to the responsibilities of the consultee (e.g. road safety) the 22
representative w ill be copied to the appropriate consultee for consideration and com m ent. The council w ill carefully take any com m ents m ade into account before a decision is m ade. All com m ents are scanned and added to the w eb site once em ail addresses and hand w ritten signatures have been rem oved (it should be noted that typed nam es and addresses rem ain visible). 5.36 The council m ay negotiate changes to applications w here these are expedient. Reconsultation (for 14 days) w ill take place on m inor changes if the council considers that they raise new issues that could lead to further com m ent. If any change is considered to be substantive, the council m ay decline to treat it as an am endm ent and a new application m ay be invited.
Community Involvement at the Planning Committee Stage 5.37 M ost planning applications w ill be decided by Planning O fficers under the Council’s Schem e of Delegation. These w ill generally com prise local applications that are not controversial or that do not raise w ider issues. All m ajor applications and those called in by the Chair of the Planning Com m ittee or the Council’s Head of Planning w ill be considered and decided by the Planning Com m ittee. 5.38 The circum stances under w hich an application can, or cannot be determ ined using delegated pow ers are set out in the Council’s Schem e of Delegation, available on our w ebsite. 5.39 You m ay also w ish to contact your local Councillor, w ho can request that a particular application is determ ined by the Planning Com m ittee prior to a decision being taken.
Pre-determination hearings and speaking at the Planning Committee 5.40 For those m ajor applications that that have been notified to the Departm ent but have been returned to the Council for determ ination, there is a m andatory requirem ent for Council to hold a Pre-determ ination Hearing to afford the applicant the opportunity of appearing before and being heard by the Council Planning Com m ittee. 5.41
There are also certain m ajor applications that w ill raise particularly com plex planning issues or attract a significant level of objection. In such cases the Planning Com m ittee m ay decide to hold a Pre-determ ination hearing prior to m aking its decision at the scheduled Planning Com m ittee m eeting.
5.42 A pre-determ ination hearing w ill provide the opportunity for the applicant and their agent, as w ell as those w ho m ay have m ade representations, to present their case to the Com m ittee and for M em bers to ask questions and clarify m atters. Key consultees m ay also be invited to report their expert view s to the Com m ittee and again to take questions. As each case is likely to be different, the specific arrangem ents for a Pre -determ ination hearing w ill be tailored to the particular circum stances of the case. W here the Com m ittee agrees to a Pre-determ ination hearing the applicant w ill be advised.
23
5.43 All parties w ishing to address the Com m ittee m ust register their w ish to do so w ith the Council’s Chief Adm inistrative O fficer/Com m ittee Clerk by 12 noon tw o w orking days before the m eeting. Registering a request to speak can be m ade in the follow ing w ays: By Phone: 02871 253253 By em ail: info@ derrystrabane.com
Post Application Stage - Community Involvement after a Planning Application has been determined 5.44 A notification of decision letter is sent to the applicant/agent and all people w ho have responded to the consultation on the planning application. The decision is recorded on the council’s w ebsite and in the statutory Planning Register. The reasoning behind the decision w ill be set out in the Planning O fficer’s report w hich w ill be available on the Planning Portal or upon request. W here the Planning Com m ittee m akes a decision contrary to a Planning O fficer’s recom m endation, the justification for this w ill be available to view in the m inutes of the Planning Com m ittee. M inutes of the Planning Com m ittee m eeting w ill be published on our w ebsite w ithin three to five w orking days.
Post Application Stage - Involving the Community When an Appeal is made against a Planning Refusal/Granted Conditions/ Enforcement Notice 5.45 O nly applicants and those upon w hom notices have been served have the right of appeal. There are no third party rights of appeal. W here an applicant is unhappy w ith the Council’s decision on an application or a condition attached to a perm ission, he/she m ay appeal to the Planning Appeals Com m ission (PAC). An applicant m ay also appeal to the PAC w here the Council has not determ ined an application w ithin the relevant period prescribed by the Planning (General Developm ent Procedure) Order (NI) 2015, w here such an appeal is lodged, the application is deem ed to have been refused. Appeals m ust be lodged w ith the PAC w ithin four m onths from the date of notification of the Council’s decision, or expiry of the prescribed period as the case m ay be. 5.46 All those people w ho responded on the original planning application that is the subject of appeal w ill be advised that an appeal has been received, and provided w ith an opportunity to m ake their view s know n. Copies of letters already subm itted w ill be forw arded to the Planning Appeals Com m ission (PAC). For hearings and public inquiries, the interested parties have the opportunity to m ake their view s know n verbally to the PAC. 5.47 Further guidance on planning appeals and the rights of applicants and objectors can be found on the Planning Appeals Com m ission w ebsite (w w w .pacni.gov.uk).
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6.0 Community Involvement in Planning Enforcement 6.1
The council encourages the com m unity to report cases w here they believe there has been a breach of planning control. A breach of planning control occurs w hen developm ent or other certain activities take place w ithout the necessary planning perm ission or consent from the Council or the Departm ent of the Environm ent. This m ay also include failure to carry out developm ent in accordance w ith grant of planning perm ission or conditions.
6.2
All planning enforcem ent related com plaints are treated confidentially. If the com plaint results in a planning application being subm itted, then this w ill be publicised in the norm al m anner and adjoining neighbours and those w ho have brought the m atter to the attention of the Council w ill be notified.
6.3 Suspected breaches of planning control can be reported in the follow ing w ays:
By By By By
phone: 0300 200 7830 Textphone: 028 71 376646 email: planning@ derrystrabane.com post: The Planning O ffice,
Enforcem ent Section, Derry City and Strabane District Council, O rchard House, 40 Foyle Street, Derry, BT48 6AT 6.4
In cases w here planning enforcem ent action is taken, com plainants are inform ed of the action. In cases w here enforcem ent action is not taken, a full explanation providing the council’s reasons w ill be sent to the com plainants. M any initial com plaints relate to householder perm itted developm ent extensions or alterations w hich do not require planning perm ission. As stated earlier, only those upon w hom an enforcem ent notice has been served have the right of appeal. There is no third party right of appeal.
6.5
The Council’s priorities for enforcem ent action are contained w ithin the Council’s Enforcem ent Strategy. The Enforcem ent Strategy is subject to regular review and a public consultation exercise w ill form part of this review process.
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7.0 Community Involvement in Supplementary Planning Guidance 7.1
The Council m ay also prepare non-statutory planning guidance to support its developm ent plan. Supplem entary planning guidance includes for exam ple design guides, advice notes and m ay include Interim Statem ents. These w ill be published for public consultation and com m ent prior to the publication of the final draft. Such consultation w ill be proportionate to the nature of the guidance w here the Council feels it w ill be beneficial to give additional regard to the opinions of stakeholders and the general public. Any com m ents received w ill be presented to the relevant Council Com m ittee and m ay also be published on the Council w eb site. Supplem entary Planning Guidance w ill not be subject to the Independent Exam ination process.
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8.0 Community Involvement and Conservation Areas 8.1
A Conservation Area is an area of special architectural or historic interest, the character of w hich it is desirable to preserve and enhance.
8.2
The Council considers that consultation w ith the local people is im portant w hen undertaking w orks that w ill affect conservation areas and w ill consult and involve the local com m unity to encourage greater ow nership of the concept and greater co operation and com m itm ent to achieving the aim s of the designation. The Council w ill involve the com m unity in the designation, variation or cancellation of a conservation area, as w ell as any significant w orks proposed by the Council such as public realm schem es.
8.3
The Council w ill form ally consult w ith the Historic Buildings Council and Departm ent of the Environm ent, and advertise by w ay of a public notice in the local press and public m eetings to discuss and present proposals. Upon form al designation the Council w ill publish a public notice in the local press and hold a public launch and exhibition.
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9.0 Community Involvement in the Designation of a Simplified Planning Zone 9.1
W here the Council proposes to com m ence w ork on a sim plified planning zone it w ill undertake consultations w ith the neighbouring district council, the land ow ner and occupier, the Departm ent for Social Developm ent and w ill notify the Departm ent of the Environm ent.
9.2
O nce details of a schem e have been prepared the Council w ill m ake copies available for inspection at the Council’s office, advertise in the local press and on the Council’s w ebsite, and w ill serve a notice on those it has consulted w ith.
9.3
Follow ing advertising of the proposed planning zone(s) details there w ill be an eight w eek period w hen representations can be m ade to the Council. If the Council subsequently decides not to proceed w ith the proposed planning zone it w ill publish a further advertisem ent to that effect and w ill notify all those have m ade representations.
9.4
The Council m ay cause an independent exam ination to be held to consider the representations received. W here it is proposed to hold an independent exam ination details including the tim e and place of the exam ination w ill be published in the local press. W here it is decided not to hold an independent exam ination the Council w ill notify all those w ho have m ade representations.
9.5
Follow ing the independent exam ination the Council w ill produce a report and statem ent detailing its decision and outlining reasons for its decision. Notice of publication w ill be advertised in the local press and the report and statem ent w ill be available for public inspection in the Council offices.
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APPENDIX A General Consultation Bodies for Local Development Plan Documents •
Arts O rganisations
•
Bodies representing the interests of the econom y
•
Bodies representing the interests of the environm ent
•
Bodies representing the interests of the coastal/m arine environm ent
•
Com m unity Associations
•
Cultural and Historical Groups
•
Health and W ellbeing Groups
•
O lder Peoples Groups
•
Religious Groups
•
Schools and other education bodies
•
Section 75 Groups
•
Supports Groups
•
Victim s Groups
•
Voluntary bodies
•
W om en’s Groups
•
Youth Groups
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APPENDIX B
Specific Consultation Bodies for Local Development Plan Documents Please note this list also relates to succ essor bodies w here reorganisations occur. •
Northern Ireland Governm ent Departm ents
•
Local planning authorities w hose area adjoins the Derry City and Strabane District Council boundary
•
A w ater or sew erage undertaker
•
The Northern Ireland Housing Executive
•
The Civil Aviation Authority
•
Any person to w hom the electronic com m unication codes applies
•
Electricity Com panies
•
Gas com panies
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APPENDIX C
Groups to be consulted when determining a planning application Statutory Consultees 1. Departm ent of Environm ent (DO E) 2. Health and Safety Executive NI (HSENI) 3. Departm ent of Regional Developm ent (DRD) 4. Licensed aerodrom es 5. Departm ent of Agriculture and Rural developm ent (DARD) 6. Departm ent of Enterprise, Trade and Investm ent (DETI) 7. Northern Ireland Housing Executive (NIHE)
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APPENDIX D The Local Development Plan System
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APPENDIX E: Glossary Local Development Plan (LDP): The plan for the future developm ent of the local area, draw n up by the local planning authority in consultation w ith the com m unity. Local developm ent plans (LDPs) apply regional policies at the appropriate local level and inform the general public, statutory authorities, developers and other interested bodies of the policy fram ew ork and land use proposals that w ill guide developm ent decisions w ithin a specified area. The LDP w ill com prise of tw o developm ent plan docum ents: • •
The Plan Strategy (PS) - This is the first part of the developm ent plan and provides a fram ew ork or overview to guide the direction of the LDP; and The Local Policies Plan (LPP) - This provides detailed plans and policies for the developm ent of specific geographical areas / settlem ents.
Environmental Impact Assessment (EIA): as a tool used to identify the environm ental, social and econom ic im pacts of a project prior to decision-m aking. It aim s to predict environm ental im pacts at an early stage in project planning and design, find w ays and m eans to reduce adverse im pacts, shape projects to suit the local environm ent and present the predictions and options to decision-m akers.
Independent Examination (IE): the independent exam ination conducted by the Planning Appeals Com m ission (PAC) or an independent exam iner appointed by the Departm ent of the Environm ent (NI) to test the soundness at both the Plan Strategy and the Local Policies Plan stage of the LDP.
Planning Committee: a com m ittee of 14 councillors w hich has the responsibility for determ ining planning applications brought before it. Certain aspects of planning enforcem ent and Tree Preservation O rders also fall under the rem it of the Planning Com m ittee.
Plan - Led System: The fundam ental principle arising from the Planning Act (Northern Ireland) 2011 that states w here, in m aking any determ ination under the 2011 Act, regard is to be had to the LDP , the determ ination m ust be m ade in accordance w ith the plan unless m aterial considerations indicate otherw ise.
Pre-Application Community Consultation (PACC): If an application is for a m ajor or regionally significant developm ent, applicants m ust subm it a pre-application com m unity consultation report together w ith their planning application. The purpose of the report is to provide details of the consultation that has been undertaken w ith the local com m unity on the developm ent proposal.
Preferred Options Paper (POP): The PO P provides the basis for early consulting w ith the public and stakeholders on a series of options for dealing w ith key issues in the plan area. The PO P w ill contain: • A series of options for dealing w ith key issues in the plan area; • Evidence to appraise the different issues and options; and • The Council’s preferred options and its justification. 33
Proposal of Application Notice (PAN): In the case of m ajor or regionally significant developm ent, as prescribed w ithin the Schedule to The Planning (Developm ent M anagem ent) Regulations (NI) 2015, an applicant is required to subm it a ‘Proposal of Application Notice’ at least 12 w eeks prior to subm itting a planning application for the proposal. The proposal of application notice should set out should set out how an applicant proposes to engage and seek the view s of the com m unity on the proposed developm ent.
Soundness: A key feature of the LDP system s is soundness w hich requires the PS and the LPP docum ents to be tested in term s of content, conform ity and the process by w hich they w ere produced, at the Independent Exam ination. The tests of soundness are based upon three categories w hich relate to how the plan docum ents have been produced, the alignm ent of the plan docum ent w ith central governm ent regional plans, policy and guidance, and the coherence, consistency and effectiveness of the content of the plan docum ents.
Stakeholders: Individuals or organisations w ho stand to gain or lose from the im pact of a planning policy, proposal or decision. The term is used m ostly to refer to bodies that w ill affect the delivery of a planning docum ent’s policies and proposals.
Statement of Community Involvement (SCI): The docum ent that sets out our policy for involving the com m unity in the production of the Local Developm ent Plan and the determ ination of planning applications and enforcem ent issues.
Strategic Environmental Assessment (SEA): SEA is a structured, participative, open and transparent environm ental assessm ent based process w hich aim s to ensure that environm ental and possibly other sustainability aspects are considered effectively in policy, plan and program m e m aking.
Supplementary Planning Document (SPD): A local developm ent plan docum ent w hich provides supplem entary inform ation about the policies in developm ent plan docum ents. SPDs are not subject to independent exam ination. An SPD m ay be related to a topic or to a specific area.
Sustainability Appraisal (SA): Required by the 2011 Act, SA is an iterative part of the LDP process w hich perform s a key role in providing a sound evidence base for the plan. The purpose of SA is to prom ote sustainable developm ent through the integration of social, environm ental and econom ic considerations into LDP preparation. It is carried out in tandem w ith the SEA process and requires the preparation of reports at key stages in the LDP preparation.
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ALTERNATIVE FORMATS This docum ent is available upon request in a num ber of form ats including large print, Braille, PDF, audio form ats (CD, M P3, DAISY) and m inority languages. For further inform ation on alternative form ats please contact Derry City and Strabane District Council: Tel: (+44) 28 7125 3253 Textphone: (+44)28 7137 6646 E-mail: equality@ derrystrabane.com
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