Validation of applications
When we receive your application, we will check to make sure we have all the information we need, including a location plan and other drawings, and is correct. We also check that you have submitted the correct fee. No application will be decided until all the information and fees required have been provided. We acknowledge all applications that have been registered as valid together with any fees paid. The acknowledgement will identify the case officer who will deal with the application and advise you of the target date for deciding it. For most applications, this will be 8 weeks from the date it is booked in (For major applications, it is 13 weeks).
Invalid applications
If your application is not complete we will contact you usually by email and request the missing information. If we have not received this within 21 days of the request, we will consider the application to be withdrawn and return it to you. We will charge a fee to cover our administration costs of £30 for householder and advert applications, £50 for minor applications and £150 for major applications.
Publicity
All applications are publicised on a weekly list which appears on our website and is circulated to Parish and Town Councils. It is also available at our reception in the Development Enquiry Centre. Some applications may also be advertised in the local press, a copy of this is also on our website.
All applications are displayed on Public Access so that progress can be tracked and monitored electronically. If you track an application, you can be notified by email when the application is updated or changed. Public Access is automatically updated as soon as the application is made valid and when a decision is made or appeal received. Applications may be publicised by either a notice displayed near the site or, for householder applications or small residential development proposals, by individual letters to the occupiers of adjoining land/property. 21 days are given for anyone to comment on these applications. Comments are open to public inspection and will be available on the website.
Consultation
For many applications we will also seek specialist comments from our colleagues in the Council and elsewhere on matters such as highway access and safety, effects on the environment and flood risk. This is a vital part of our consideration.
Consideration by the case officer
The sites of all applications are visited by the case officer, who will check the information in the application. They will also check that the site notice has been displayed and/or neighbour notification letters have been sent to the correct addresses. The case officer will take many issues into account when considering an application :-
- local and national planning policies;
- views of other council services like highways;
- views of external bodies like The Environment Agency;
- comments received from local people – (objecting to an application will not automatically mean that it will be refused).
The case officer will then come to a balanced view. About 90% of applications are approved. The case officer may also negotiate changes to the application to deal with any issues raised or to improve the application.
Making the decision
Most decisions are made by a senior officer under delegated powers.
Larger, more complex or controversial applications may be decided by a panel of Councillors. There are three Plans Panels – one covering the east side of the city, one the west and one the City Centre. Each meets every four weeks. Councillors will receive a report setting out the details of the proposal and the issues raised by it, together with the officer’s recommendation. There will also be a presentation of the application by an officer, usually with plans and photos of the site. A leaflet explaining about plans panels is available from the right of the screen.
The report is available for public inspection five days before the meeting. The public may attend the meeting and a representative of any supporters or objectors may make a short address to the Panel set out their views. You or your representative may also have the opportunity to address the Panel. The Panel may defer a decision to allow them the visit the site themselves or for further information. They may also approve an application in principle but delegate the final decision to officers, pending receipt of further information, subject to the outcome of consultations or completion of a legal agreement.
Decision: We send out the Decision Notice on the day that the decision is made. The Notice will set out the reasons for approval or refusal of the application and, if permission has been granted, any conditions with which you have to comply.
You will need to monitor Public Access www.leeds.gov.uk/publicaccess to find out about the decision, which will be updated as soon as the decision is sent out. If you track the application through Public Access you will be notified when the decision is made and when the decision notice is available usually within 5 working days.
What if I am not happy with the decision?
There are no rights of appeal for third parties (objectors) who are unhappy with the planning decision. The report on Public Access will contain details of the decision. We will however explain the reason for the decision and how your comments were taken into account.
If the application has been refused
If you feel that your application has been unreasonably refused there are two courses of action open to you:
- Amend and re-submit your application within 12 months of the decision without paying a further fee.
- Appeal to the Planning Inspectorate within six months of the date of the decision (twelve weeks for householder applications received after 5th April 2009) following guidance detailed in the decision notice. A leaflet is available from the right of the screen.
Amending the application after decision
Non material amendments (very minor) can be made to your planning permission without the need to make another application. The changes have to be small and must not change your permission in any significant way. You should complete the Non Material Amendments application form which you can also get from the Development Enquiry Centre. This should be submitted with the revised drawings (with the changes highlighted). A fee of £25 for householder and £170 for other types of application is payable. If you wish to make more significant changes or to amend or remove a condition, you will have to make a new application Remove or vary a condition application form.
Discharging conditions on an application
You should apply to us to discharge any conditions which appear on your approved decision notice. You can do this using the form discharging conditions. The guidance notes and validation criteria will help you. We aim to give a decision within 8 weeks of receiving a valid request. There is a fee of £25 for each householder request and £85 for all others.