The call-in process
From 20 April 2009 a new circular and direction, providing guidance on departure applications, comes into force. This only applies to England.
The new direction requires Local Planning Authorities in England to notify the Secretary of State before granting planning permission for certain types of development. It also gives the Secretary of State the opportunity to decide whether to call-in the application.
This circular also introduces a new requirement relating to development which may impact on World Heritage Sites, their outstanding universal value, integrity, authenticity and significance.
Authority receives departure application
A departure application starts by following the regular decision-making process of planning applications.
As with all planning applications, the local planning authority must let the public know it has received an application. With departure applications, it must:
- display a notice at the development site for at least 21 days
- place an advertisement in the local newspaper
Authority intends to approve contentious application
For planning applications received on or after 20 April 2009, the local authority needs to tell the secretary of state about the application if it is for development:
- in the Green Belt
- of a large retail, office or leisure use outside a town centre
- in, or affecting the setting of, a World Heritage Site
- leading to the loss of a playing field
- in a flood risk area
- the application and supporting information,
- the requisite notice,
- any representations made to the authority regarding the application,
- any report prepared by the authority, and
- a statement of material considerations by the authority
Once notification of the application has been received by the Secretary Of State, written confirmation of the date of receivership is sent to the local authority.
The Secretary of State has 21 days from that date in which to decide whether or not to call in the application. The local authority cannot grant planning permission until that time is up unless notified before the expiry of 21 days that the application will not be called in.
It often happens that the Secretary of State puts the application on hold so there is more time to assess it and decide whether to call it in.
Issuing this 'holding direction' is allowed under Article 25 of the Town & Country Planning (Development Management Procedure) Order 2010.
If the Secretary of State decides that no involvement is necessary then the local planning authority is advised that it may decide the application.
If it is decided to call in the application, then the application will be considered at a public inquiry, led by a planning inspector who will then make recommendations to the Secretary of State.
The Secretary of State considers the inspector's report and recommendation and decides whether or not to allow the application.
Go to 'How Government decides whether to call in an application' for further information.
The Secretary of State has reserve powers to call in any planning application (not just departures) for his own decision under section 77 of the Town and Country Planning Act 1990.