The consultation process involves notifying specific groups, organisations, and the public about a planning application to gather views and representations that might influence the decision. It ensures that decisions are made in the public interest, with regard to material planning considerations.
Legal Basis
The legal basis for consultation during planning applications primarily comes from the following:
1. Town and Country Planning (Development Management Procedure) (England) Order 2015
This is the main legal framework. It sets out:
- Who must be consulted (statutory consultees).
- What type of development triggers which consultation.
- Timeframes (usually 21 days).
2. Planning and Compulsory Purchase Act 2004
Establishes the need for plan-led development and includes principles of engagement.
3. National Planning Policy Framework (NPPF)
While not law, the NPPF provides policy guidance. It emphasises:
- Early and meaningful engagement.
- The role of consultation in achieving sustainable development.
4. Local Planning Regulations
Local councils may also adopt Statements of Community Involvement (SCI), which define how the local authority will consult the public and stakeholders on planning matters.
Who Is Consulted?
1. Statutory Consultees
These are prescribed by law and must be consulted. Examples include:
- Environment Agency
- Natural England
- Highways Authority
- Historic England
- National Highways (for developments near major roads)
- Health and Safety Executive
- Lead Local Flood Authorities
- Utilities and Network Rail (in some cases)
These bodies must respond within 21 days, and their views are material to the decision.
2. Non-Statutory Consultees
These are consulted at the discretion of the local authority or based on local policy. They may include:
- Local parish/town councils
- NHS bodies
- Local wildlife trusts
- Neighbouring authorities
- Internal council departments (e.g., Housing, Environmental Health)
3. The Public
Neighbours and the general public are typically consulted through:
- Site notices
- Letters to neighbours
- Press notices (for major, EIA, or listed building applications)
How Does It Work?
Step-by-Step:
- Application Validation
The planning authority checks that all necessary documents are included. - Notification and Publicity
- Statutory consultees are notified electronically or by mail.
- Public notices are posted.
- Consultation Period
- Usually 21 days.
- Comments and representations are submitted in writing.
- Consideration of Responses
The case officer considers:- Statutory consultee feedback (which may trigger refusal if not adequately addressed).
- Public objections/support.
- Local policy and national planning guidance.
- Decision or Referral to Committee
- If controversial, it may go to the planning committee.
- A summary of consultation responses is included in the officer’s report.
Importance and Influence
Statutory Consultee Responses:
- Carry significant weight.
- If a statutory consultee objects, and the planning authority intends to approve, it must notify the consultee again and justify the decision.
Public Comments:
- Only material planning considerations are relevant, such as:
- Impact on traffic
- Noise
- Design and appearance
- Local policy conflict
- Issues like loss of property value or private views are not material.
Failure to Consult Properly
Failure to consult statutory consultees as required may result in:
- Invalid permission
- Judicial Review (JR)
- Delay or reputational damage
A High Court case can quash a permission if proper consultation was not carried out, especially with statutory consultees.
Best Practices for Engaging
- Applicants often undertake pre-application consultation (especially for major developments).
- Some LPAs encourage design review panels or public exhibitions.
- Good practice involves being transparent, timely, and thorough in handling representations.
Summary: Weighting Principles
| Type of Response | Weight in Decision | Notes |
|---|---|---|
| Statutory Consultee (e.g. EA) | High – must be clearly addressed | Can tip the balance against approval |
| Non-Statutory Consultee | Moderate – depends on issue and evidence | Limited if not material |
| Public Objections (Material) | Moderate to High (if well-argued and evidence-based) | Must raise legitimate planning issues |
| Public Objections (Non-material) | None | Examples: devaluation of property, competition |