The call-in process
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
These consultation rules are set out in Article 8 of the Town & Country Planning (General Development Procedure) Order 1995.
Authority intends to approve contentious application
The local authority needs to tell the secretary of state if it intends to approve an application that, generally speaking, would
- Involve building 150 houses or flats
- Be on land owned by a local authority, or is a development by a local authority
- Work against the development plan's policies or proposals
- Result in a road being built that's not in a development plan
The local authority must include a number of documents with its letter of notification to the secretary of state, such as a copy of the application and any statements or opinions of the application that have been submitted. Keep reading through this section for further details.
The secretary of state decides how to respond
Once he has received notification of the application, the secretary of state confirms to the local authority the date on which he received the necessary documents.
He 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.
It often happens that the secretary of state puts the application on hold so he has more time to assess it and decide whether to call it in.
He's allowed to issue this 'holding direction' under Article 14 of the Town & Country Planning (General Development Procedure) Order 1995.
If he decides he doesn't need to get involved, he writes a letter advising the local planning authority that it may decide the application itself.
If he decides 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 called in about 100 planning applications in 2003/4.
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.