Planning is the system by which the use and development of land is managed for the benefit of communities. The overall aim of the system is to ensure a balance between enabling development to take place and conserving and protecting the environment and local amenities. The idea is to create better places for people to live, work and play in.

Committee and Delegated Decision

Normally, decisions on large or contentious planning applications are made at a Planning Committee made up of elected Councillors. The local authority has a set of criteria for applications going to committee. Councillors consider reports prepared by planning officers and have the final say on whether planning consent should be granted or refused. Councillors do not have to accept the advice given to them by their officers but in most cases they do. For minor applications, planning officers normally make decisions on behalf of Councillors. These are known as ‘delegated powers’. Approximately 90% of planning applications are considered using delegated powers. It is a good idea to phone and check how your local authority operates, so you know how decisions will be made.

The Consultation Process and How to Make a Comment

After the planning application has been made, we will publicise it by writing letters to neighbours inviting comments to the proposed development and where considered necessary post site notices nearby and/or advertise in local press. We will also consult other relevant stakeholders and interest groups. The details of the proposals, including drawings and other relevant documentation, will be made available for inspection at the Civic Centre and on the council’s website www.sunderland.gov.uk. The plans can be viewed at the Civic Centre between 8:30 am to 5.15pm Monday to Thursday and 8:30 am to 4:45 pm on Fridays.

Comments may be made by anyone, regardless of whether they were consulted by letter. Before you make any comments it is highly advisable that you find out as much as you can about the details of the application.

We are aware that many people for various reasons, including the elderly and people with disabilities, may have difficulty in visiting the Civic Centre or using the website. In such circumstances we may be able to arrange to lend a copy of the plans or visit the person at home.

You may comment in the following ways:

In writing
Please quote the reference number of the application and your own address so that we may write to you if necessary. Letters should be addressed to Development Control, Development and Regeneration Services, PO Box 102, Civic Centre, Sunderland SR2 7DN.
By email
You may email your comments to us at dc@sunderland.gov.uk
Online
When viewing the application online the page has a facility to comment online located at the top left of the page. You can view an application and make a comment here.

Whether you are writing to the council to either object or support an application, you should clearly identify the planning application you are referring to, and the particular points which you wish the council to consider. These comments should only be related to planning issues, as outlined in the consultation letter.

Planning Appeals

An applicant has a right of appeal to the Planning Inspectorate if:
• No decision has been reached on the application within the statutory eight or thirteen weeks period
• The application is refused
• The applicant does not agree with one or more of the conditions on an approval
All planning appeals are administered by the Planning Inspectorate. Only the applicant for consent or permission can make an appeal. There is no right of appeal for interested people or organisations (known as ‘third parties’).
The appeal process can be time consuming and expensive. Before deciding to lodge an appeal it is worth speaking to the planning officer who dealt with your application to see if there is scope to negotiate a compromise and submit an amended application. If you think that the proposal could be altered to make it more acceptable, it can be submitted again with different plans. In certain circumstances you are also allowed to submit an amended application on the same site of similar nature without any charge within a year of the decision of the original application.

If, however, an appeal is the only option, the applicant has six months from the date of the decision to appeal. Details of the appeal procedures can be found accompanying the decision notice, or by using the links to the Planning Portal and Planning Inspectorate . There are three ways in which an appeal can be dealt with:

• Written Representations - this is the quickest method. The applicant and the council prepare written statements for the Planning Inspectorate to consider. A Planning Inspector will visit the site and then issue a decision.

• Informal Hearing - with the agreement of both parties and where the planning issues are quite straightforward an informal hearing may be called. This is a discussion of the issues involved between the parties, which is led by the Planning Inspector. Third parties may also be involved in the discussions.

• Public Inquiry - each side presents its case verbally before an Inspector and the witnesses for each side can be cross-examined by the opposing parties. This is a more lengthy and expensive procedure as it normally involves legal and professional representation however if the case is complex it may be the most appropriate method.

The Inspector's decision is final and you have no further right of appeal except to the High Court on a point of law. There is no third party right of appeal other than on a point of law, although third parties can be involved in the appeal process and are asked for comments on an appeal. Appeal Forms are available from the Planning Inspectorate; alternatively you can submit an appeal online.
 

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