This article first appeared in the St Mark's Parish Magazine in April 2022

Ever wondered how the planning system works, and how you can engage with it? You might be seeking planning permission yourself, wanting to comment on another local planning application, or just wishing to understand the basis on which planning decisions are made. Here are a few of the essentials.

 Planning policy is shaped at the national level by primary legislation and by various regulations. The key legislation is the Town and Country Planning Act 1990 together with its various amendments. The present Government has since 2020 been trying to introduce a new Planning Bill, but for the time being it is stalled. More detailed advice is contained in the National Planning Policy Framework (NPPF), the latest version of which dates from July 2021.

This overall framework is used to shape Local Plans, prepared by a Local Planning Authority (LPA), of which ours is Guildford Borough Council (GBC). The LPA also receives and decides on individual planning applications. GBC has a helpful website with a number of different areas discussed in greater detail. For example, it shows you how to apply for planning permission, or to search or comment on a planning application. You can also ask to be notified automatically of planning applications of interest to you; a guide on how to do this is on the Normandy Action Group website here.

Everyone is free to comment on an application before a decision about it is taken. Applications are judged – and objections may be made - against the Policies in the Guildford Local Plan. The decision is usually delegated to a Planning Officer, but if there are many objections that go against the latter’s recommendation the matter will go to the Planning Committee, made up of elected Councillors.

If an application is rejected, the applicant may appeal to the Planning Inspectorate. Planning Inspectors are civil servants working on behalf of the Secretary of State (SofS). Their decision is therefore usually final, although there is always the possibility of a judicial review, and occasionally, for major developments, the SofS may ‘call in’ an application to make a decision personally.

This process can be drawn out, especially if a planning refusal is taken to appeal. Planning Departments in LPAs are under-resourced, and both LPAs and the Inspectors must be meticulous about the complicated labyrinth of law and policy that has to be followed. Many would like the system simplified, but there will always be a trade-off between providing adequate protection to the environment and taking longer over process.

Where planning regulations are not observed those responsible must expect enforcement action to be taken. Breaching the regulations is not unlawful, but failure to observe enforcement notices – as is currently the case in Wanborough Fields – is, and the LPA has the power to take offenders to court. However, this can also take time!

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