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County Planning

Detailed Help


PLANNING APPLICATIONS

  1. What is the difference between the County Council and District Councils as planning authorities?
  2. Do I need planning permission?
  3. Who should I apply to for planning permission?
  4. Does the application need to be made on a specific form?
  5. How much will my planning application cost?
  6. What factors does the County Council take into account when determining a planning application?
  7. What information should I provide in support of my application?
  8. How will a planning application be advertised - will my neighbours know about it?
  9. I have received a neighbour notification letter from the County Council - what should I do now?
  10. I have made written comments on a planning application - what happens now?
  11. What is the difference between the County Council’s Minerals and Waste Planning function and its Waste Disposal function?
  12. Do planning officers or elected Members (Councillors) determine planning applications?
  13. What is the Regulatory Committee?
  14. Can I attend the Regulatory Committee and express my views?

APPEALS

  1. When can a planning application be appealed?
  2. How can I find out if an application has been appealed?
  3. Are there different types of appeal?
  4. Who determines an appeal?
  5. How can I get involved in the appeal process?

MONITORING AND ENFORCEMENT

  1. Does the County Council monitor planning permissions?
  2. What incidents are the County Council interested in?
  3. How can I complain about a breach of planning control?
  4. Will my identity be kept confidential?
  5. What action can the Council take?
  6. What are monitoring fees?

POLICY

  1. Which development plans are current?
  2. Are the old Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan 1998 and HampshireCounty Structure Plan 1996-2011 (Review) still in use?
  3. What is the Hampshire Minerals and Waste Development Framework?
  4. How is the new Hampshire Minerals and Waste Development Framework different from the old Structure and Local Plans?
  5. Who prepares the Hampshire Minerals and Waste Development Framework?
  6. Where can I see the Hampshire Minerals and Waste Development Framework?
  7. When will the Hampshire Minerals and Waste Development Framework be ready?
  8. How does the policy making process affect me?
  9. How can I get involved in the policy making process?
  10. Where can I view consultations on the Minerals and Waste Development Framework?

OTHER QUESTIONS


PLANNING APPLICATIONS


1: What is the difference between the County Council and District Councils as planning authorities?

Your District Council determines the vast majority of planning applications in your local area (e.g. housing, retail and industrial proposals). The County Council is the Mineral and Waste Planning Authority and only determine planning applications for minerals developments and waste management developments. As a major provider of public services the County Council also determines planning applications for its own proposals (e.g. schools). If you are unsure who is the relevant planning authority then please contact us.

2: Do I need planning permission?

Changing the use of land, engineering operations and erecting buildings will usually require planning permission. The importation of waste or the extraction of mineral will also usually require planning permission. Where development occurs without planning permission then enforcement action may be taken against the landowner. Therefore, it is recommended that at the earliest opportunity you contact the County Council where the development relates to minerals or waste, or your District Council where the proposal relates to any other type of development (e.g. housing or commercial development).

Examples of waste development include recycling sites, civic amenity sites and landfills. Depositing waste material on land for the purposes of landscaping, noise attenuation or agricultural improvement may also be classified as waste development. In these circumstances you should contact the County or District Council to discuss your proposals before submitting an application.

Examples of mineral development include extraction of mineral, development of an aggregates wharf and mineral processing.

3: Who should I apply to for planning permission?

The County Council determines applications for minerals and waste development, and the Council’s own developments. Your District Council determines all other applications (e.g. for housing, retail and industrial proposals). If you are in any doubt please contact us.

Examples of waste development include recycling sites, civic amenity sites and landfills. Depositing waste material on land for the purposes of landscaping, noise attenuation or agricultural improvement may also be classified as waste development. In these circumstances you should contact the County or District Council to discuss your proposals before submitting an application.. 

Examples of mineral development include extraction of mineral, development of an  aggregates wharf and mineral processing.

4: Does the application need to be made on a specific form?

Yes. A planning application must be made on a form specified by the planning authority. The forms required for an application to us as Minerals and Waste Planning Authority can be found here.

5: How much will my planning application cost?

Planning application fees are set nationally by the Government. They vary according to the nature of the proposal. A table of planning fees can be viewed here. If you are unsure of the correct fee to be submitted with an application please contact us.

6: What factors does the County Council take into account when determining a planning application?

The County Council will take into account a number of different issues when determining a planning application. They must relate specifically to the proposal in question and may include issues such as noise, dust, traffic issues and other environmental concerns. Most importantly applications are considered in accordance with the development plan unless material considerations indicate otherwise.

For more information on considerations relevant to determining planning applications click here.

7: What information should I provide in support of my application?

It is important that you supply enough information to enable the County Council to determine your application. If you don’t it may prevent us registering your application. More information can be found in our guidance notes, and pro forma are available for supporting statements.

The information required will vary according to the nature of the application. However, it is important that you explain exactly what you want to do and how you intend on doing it. Consider what impacts your proposal may have on your neighbours and the environment and explain what you will do to minimise them.

All planning applications are considered in accordance with the development plan unless material considerations indicate otherwise. It is important that you explain how your proposal accords with the development plan.

8: How will a planning application be advertised - will my neighbours know about it?

We will publicise any planning application which the County Council, as a planning authority, will determine. How an application is advertised will depend on the nature of the proposal. However, normally we will notify neighbours within 50 metres, erect a site notice and put details of the proposal in a local newspaper.

9: I have received a neighbour notification letter from the County Council - what should I do now?

If you want to know more about an application you can get details on our applications page. Alternatively, you can view planning applications at the County Council offices in Winchester or at your District Council. Unfortunately it is not possible for us to send copies of planning applications to local residents.

If after viewing the proposal you have further questions you may wish to contact us with your queries.

Finally, you may wish to send your comments on a planning application to us (e.g. support or objection to the proposal and your reasons why). You can do this online at our applications open for consultation page. The neighbour notification letter contains a County Council Reference Number (e.g. TV109 or EH024). You can search current planning applications on our website using the Reference Number. Alternatively you can submit your comments by e-mail or in writing to us at our address.

10: I have made written comments on a planning application - what happens now?

All representations from the public will be taken into account when we are determining a planning application. Your letter or email of representation should be acknowledged by the County Council. Your name and address will be kept on a database and you will be informed at significant stages of the process - including when the proposal is going to Committee and when a decision has been made. In the event that we receive material objections to a proposal which cannot be overcome, it is likely that it will go before the Regulatory Committee for determination. The reasons for support or objection to a proposal will be reported to Committee.

11: What is the difference between the County Council’s Minerals and Waste Planning function and its Waste Disposal function?

Hampshire County Council is both Minerals and Waste Planning Authority responsible for the planning of mineral and waste development in Hampshire. We are responsible for determining planning applications for minerals and waste development, monitoring these permissions to ensure compliance, and preparing plans for the development of mineral and waste management infrastructure in Hampshire.

The County Council is also the Waste Disposal Authority in Hampshire. We are responsible for providing Household Waste Recycling Centre sites, and properly disposing of all the rubbish collected there and by the district and borough councils from the kerbside. Our Waste Management Section manages this service, including the contract with Veolia Environmental Services Ltd, who deliver many of these services on behalf of the County Council. More information can be found here.

12: Do planning officers or elected Members (Councillors) determine planning applications?

Non-controversial planning applications are usually dealt with by the Director of Environment under delegation arrangements set out in the Development Control Charter.

A planning application will be determined by the Regulatory Committee if the proposal is particularly controversial or does not meet the conditions for delegation set out in the Development Control Charter. The Regulatory Committee comprises 17 elected Members. Full details can be found here.

13: What is the Regulatory Committee?

The Regulatory Committee comprises 17 elected Members (see here for details) and determines planning applications and matters relating to Rights of Way.

A planning application will be determined by the Regulatory Committee if the proposal is particularly controversial or the conditions for delegation set out in the Development Control Charter are not met.

The Regulatory Committee meets approximately ten times a year. The dates for these meetings and the minutes and reports of previous meetings can be found here.

14: Can I attend the Regulatory Committee and express my views?

Yes. If you have written to the County Council to express your views on a planning application then we will inform you if the matter is going to the Regulatory Committee and when and where that meeting will be held. The Regulatory Committee is a public meeting and therefore, you may attend. You don’t have to make any special arrangements to attend. However, if you wish to address the Committee you need to write to our Chief Executive’s Department – if you have previously written to us then we will inform you of the procedures. If not, please contact us for further details.  

APPEALS

1: When can a planning application be appealed?

The decision of the planning authority can be appealed by the applicant if it is refused or if the applicant does not agree with a condition attached to the decision. The applicant may also appeal if the planning authority does not determine their application within 13 weeks. The applicant can only appeal within six months of the refusal or within six months of the 13 week date.

2: How can I find out if an application has been appealed?

All appeals relating to decisions of Hampshire County Council since 1998 (and some before) are available to view on this website, and may be searched online. The information is updated daily. If you made representations on the original planning application then the Council will notify you of an appeal in writing.

Alternatively, you may search for appeals online at the Planning Portal.

3: Are there different types of appeal?

There are three types of appeal: written representations, informal hearing, and public inquiry. The method by which an appeal will be heard will depend on a variety of factors and will be agreed in advance by the Planning Inspectorate.

Written representations – This procedure is designed to make the appeal proceed quickly and fairly. Everyone involved in the appeal should keep to the timetable or the Inspector may not consider their comments. Comments are made to the Inspector in writing and the Inspector will visit the site either accompanied by the Council and the Appellant or unaccompanied.

Informal hearing – Hearings are less formal than inquiries and are usually quicker and cheaper. The Inspector will lead an informal discussion on the main issues. People don't usually have a legal representative with them at hearings. Hearings aren't suitable for all appeals, especially those which are complicated or controversial, or have caused a lot of local interest or where it is necessary to cross-examine witnesses. A hearing is a public meeting and the Council will notify the local community of the date and venue.

Public inquiry –  The Planning Inspectorate will hold an inquiry if you or the local planning authority (LPA) decide that you can't rely on the written procedure and a site visit, and they have decided that a hearing is unsuitable. A public inquiry is the most formal method of hearing an appeal and is a quasi-judicial process. People usually have legal representation at a inquiry. A public inquiry is a public meeting and the Council will notify the local community of the date and venue.

4: Who determines an appeal?

All appeals are made to the Secretary of State. However, some appeals are determined by the Planning Inspectorate on behalf of the Secretary of State and some are determined by the Secretary of State directly. The County Council does not determine appeals.

5: How can I get involved in the appeal process?

If you objected to the original proposal the County Council will send your letter directly to the Planning Inspectorate. The Inspectorate will take your representations into account when making their decision. The ways you can become more involved in an appeal will depend on the type of appeal. Please contact us for more information or visit the Planning Inspectorate’s website.

MONITORING AND ENFORCEMENT

1: Does the County Council monitor planning permissions?

The County Council carries out regular monitoring of over 250 permitted minerals and waste development sites in Hampshire to ensure that operations are being carried out in accordance with planning permissions (and the conditions and legal agreements attached to them). Where planning permission was granted subject to the submission of additional information (e.g. details of the colour of a building or of an access) the County Council ensures that these details are submitted and are acceptable.

Monitoring and enforcement duties are set out in the County Council’s Development Control Charter. This requires that all active minerals and waste sites are to be visited at least four times a year, inactive sites at least once a year, and complaints responded to within two days. The frequency of visits is dependent on the complexity of the operations; the stage they have reached; the need to monitor particular activities; and the available staff resources.

2: What incidents are the County Council interested in?

If you suspect that the following planning breaches or any others may be occurring please contact us with information such as vehicle markings and registration and the times the activities occurred. We can also accept formal complaints online.

You can also contact your Parish or District Council or local Councillor who will pass your comments onto the County Council.

3: How can I complain about a breach of planning control?

If you consider that a breach of planning control is occurring at a minerals or a waste site, or a minerals or waste activity is occurring without planning permission, you should contact a monitoring officer, or use our online complaints form.

Breaches of planning control should be reported as soon as possible. This will allow the County Council to investigate and remedy the problem without delay. Any complaints received, whether it concerns permitted sites or unauthorised activity, will be investigated and the complainant will receive a response explaining what, if any, action has or will be taken. Enforcement action may be taken where appropriate to remedy a breach of planning control.

4: Will my identity be kept confidential?

The identity of complainants will always be confidential unless the circumstances of the case make confidentiality impossible. If circumstances arises where details have to be disclosed (e.g. in Court) the Council will contact you first.

5: What action can the Council take?

If further action is required it will be through one of the below routes:

Planning Contravention Notice

This is served on landowners/operators to obtain information about a suspected breach of planning control. The information provided is used to decide whether further action is required. Failure to reply to the notice can lead to a fine of up to £1,000 upon conviction.

Breach of Condition Notice

This requires an operator/landowner to comply with planning permission conditions which they have breached. There is no right of appeal and failure to comply could result in prosecution and a £1,000 fine for each offence.

Enforcement Notice

This is used when a serious breach of planning control has occurred. The person served with the notice has 30 days to appeal against the notice. An appeal is heard by an independent Inspector. If the appeal is dismissed or no appeal is made then failure to comply with the requirements of the notice will usually result in prosecution and the maximum fine is £20,000 for each offence.

Stop Notice

A stop notice is issued in conjunction with an enforcement notice to require a particularly harmful activity e.g. waste disposal, to cease. There is no right of appeal but if an enforcement notice appeal is made then the merits of the stop notice may be considered. Non compliance with a stop notice is an offence which carries a maximum fine of £20,000.

Temporary Stop Notice

A temporary stop notice requires a particularly harmful activity e.g. waste disposal, to cease temporarily for a period of 28 days. Non compliance with a temporary stop notice is an offence which carries a maximum fine of £20,000.

Injunction

This is sought in the County or High Court to restrain persons from carrying out or continuing to breach planning controls. The contravention of an Injunction Order is a Contempt of Court and the Court can levy an unlimited fine or impose a custodial sentence.

Direct Action

As a last resort if a person continues to or cannot comply with the requirements of a notice the County Council can enter the land and undertake works in compliance with a notice. The cost would then be charged to the landowner, but in many cases would have to be borne by the Council at least in the short term.

6. What are monitoring fees?

Regulations governing fees for the monitoring of mining and landfill sites are desribed in (the Town & Country Planning (Fees for Applications and deemed applications) (Amendment) (England) Regulations 2006). These Regulations were approved by Parliament on 28 March 2006 and came into force on 6 April 2006.

The Regulations provide for the payment of a fee to Mineral and Waste Planning Authorities in England for monitoring of mining and landfill permissions. The fee is paid by the operator / owner of the site.

More information on monitoring fees is available on our website. Further information is available from the Department of Communities and Local Government.

POLICY

1: Which development plans are current?

The Minerals and Waste Local Plan and County Structure Plan are 'saved' (still the legal plans) for up to three years (to 2007). They will gradually be replaced as the various sections of the new Hampshire Minerals and Waste Development Framework are produced. Your District Council will also have policies, which are specific to their local administrative area. Planning applications will be assessed against a combination of policies. For more information on the policies relevant to a specific development please contact us or your District Council.

2: Are the old Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan 1998 and Hampshire County Structure Plan 1996-2011 (Review) still in use?

Although the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (1998)  has been mostly superseded by the Core Strategy as of June/July 2007, there are still some site specific policies that have been retained until the Hampshire Minerals & Waste Plan is adopted. The Hampshire County Structure Plan 1996-2011 (Review) was replaced by The South East Plan (2009).

3: What is the Hampshire Minerals and Waste Development Framework?

Government passed the Planning and Compulsory Purchase Act 2004, which requires all planning authorities to produce a new Local Development Framework instead of the old District or Borough Plans, Structure Plans or Unitary Plans. County Council and Unitary Planning Authorities used to have to prepare Minerals and Waste Plans, planning for the extraction of minerals, dealing with waste and recycling. They will now have to prepare Minerals and Waste Development Frameworks.

The Hampshire Minerals and Waste Development Framework will replace the old Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan 1998. The Minerals and Waste Development Framework comprises several development documents. These contain policies against which planning applications will be assessed.

4: How is the new Hampshire Minerals and Waste Development Framework different from the old Structure and Local Plans?

The main difference will be that the Hampshire Minerals and Waste Development Framework will be made up of a number of separate planning documents. These will be:

In addition, the last three of these documents will require what is known as a Sustainability Appraisal, which is an assessment process to make sure (as far as possible) that the plans are sustainable and will cause the least possible harm to the Hampshire's communities and environment).

5: Who prepares the Hampshire Minerals and Waste Development Framework?

Some parts of the Hampshire Minerals and Waste Development Framework will be prepared jointly by Hampshire County Council, Portsmouth City Council, Southampton City Council and the New Forest National Park Authority (all of which are Minerals and Waste Planning Authorities for their own areas); some will be prepared separately by each authority. The Hampshire Minerals and Waste Development Scheme has more information on this.

6: Where can I see the Hampshire Minerals and Waste Development Framework?

Generally, each planning document as it is prepared will be available from Council offices, local libraries and on the websites of Hampshire, Portsmouth and Southampton Councils. For more information, please contact us.

7: When will the Hampshire Minerals and Waste Development Framework be ready?

As described above, the Hampshire Minerals and Waste Development Framework is made up of a number of separate planning documents, and most of these will go through several stages of consultation including a Public Inquiry in front of an independent Planning Inspector. Each document will be finally adopted by the Councils at different stages. The Hampshire Minerals and Waste Development Scheme has more details on these stages.

8: How does the policy making process affect me?

Although not everyone is affected by living or working near to a mineral quarry or aggregate recycling site, or a waste recycling or disposal site, just about everyone in Hampshire and the cities relies on minerals in some way and produces some form of rubbish or waste. In this way everyone has a part to play in planning for minerals and waste, and reducing the impact on our county and its communities.

9: How can I get involved in the policy making process?

The Government is very keen that as many people as possible get involved in planning, and the preparation of planning documents. Each part of the Hampshire Minerals and Waste Development Framework will go through several different consultation stages, and everyone is encouraged to have their say on whatever is proposed. The Statement of Community Involvement describes the different ways people can get involved in the planning process.

10. Where can I view consultations on the Minerals and Waste Development Framework?

There are lots of ways to view consultations and supporting documents. We’ll place a copy in our libraries and information centres. You can view documents at the County Council’s offices in Winchester or navigate to our planning policy pages.

OTHER QUESTIONS

If you cannot find the answer to your question, please contact us.

 

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