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Development Management

Development Management

On 1st April 2015, planning powers transferred to Derry City and Strabane District Council. 

The Council now has powers of Development Management and Local Development Plan (LDP), as well as Enforcement.  The Development Management Team is responsible for processing planning applications for our District.

What Is Development Management?

Development Management is the process through which applications are considered. The Council is now responsible for making decisions on the majority of planning applications in the District, as well as Listed Building applications, consent for works in a Conservation Area, works to protected trees and advertising consent.

 

The Development Management Process

For those making a planning application:

You can contact planning officials before you submit your application by way of a Pre Application Discussion (PAD). PADs are encouraged for a range of applications, especially larger and more complex proposals, to consider whether the principle of development is acceptable and to clarify the level of detail required to determine an application.

For major applications, legislation now exists requiring applicants to inform and involve the wider community in discussion prior to submitting a formal planning application. This is done through a Pre Application Community Consultation (PACC). Applicants must undertake a PACC 12 weeks before submitting their application.

 

For those wanting to comment on a planning application:

When a planning application is submitted, you will have the opportunity to express your opinion in regard to how you may be affected by a proposal. We will inform the public of all planning applications when required, through:

• Advertising in the local newspapers; and

• Neighbour Notification letters

Individuals, groups and organisations can comment on a planning application even if they have not been neighbour notified by the Council. Only ‘material planning considerations’ are taken into account. All comments will be fully considered within the Planning Officer’s report.

Certain applications may require an Environmental Impact Assessment (EIA) under European legislation due to their nature, scale or location. For such applications, we will engage with the community as set out in the EIA regulations.

Weekly lists of planning applications received within the Council District are available on the Council website and the Northern Ireland Planning Portal. Planning applications can be viewed online and at the Council offices. In the Council offices in Derry, Planning officers will be available should you wish to obtain general planning advice; however, you are advised to make an appointment if you wish to speak to a particular officer about a specific application. A Planning Clinic takes place every Wednesday in the Council’s Strabane office, where a Duty Planner is available to give advice, by appointment.

 

If you wish to make a formal representation to this or any planning application, you can use any of the following methods detailed below:

By email: [email protected] (Please quote the application number)

By Public Access for Planning Applications: 

By post to: The Planning Office,

Development Management Section,

Derry City and Strabane Council Offices, 98 Strand Road, Derry, BT48 7NN

Please note that in order to ensure that representations are associated with the correct application, the application reference should be quoted in all correspondence.

 

Delegated Applications:

Most planning applications are decided by Council’s Planning Officials, in accordance with the Council’s Delegated Scheme, following the consideration of consultee responses and any representations, in accordance with the Local Development Plan and other relevant policies.

 

Planning Committee Stage:

All major applications (and those ‘called in’ with the agreement of the Chair of the Planning Committee) will be considered and decided by the Council’s Planning Committee. Applicants and those wishing to make representations about a planning application can apply in advance to the Planning office to speak at the Planning Committee prior to a decision being made on an application.

 

Planning Committee Decision:

The decision is recorded on the Council’s website and in the statutory Planning Register. The reasoning will be set out in the Planning Officer’s report which is available on the Planning Portal. Where the Planning Committee makes a decision contrary to a Planning Officer’s recommendation, the justification for this can be viewed in the minutes, published on our website.

 

Planning Appeals

Where an applicant is unhappy with the Council’s decision or a condition attached to a permission, they may appeal to the Planning Appeals Commission (PAC). There are no third party rights of appeal. An applicant may also appeal to the PAC where the Council has not determined an application within the relevant period. Further guidance can be found on the PAC website.

 

The Enforcement Process

Your Council encourages the community to report cases where they believe there has been a breach of planning control. Enforcement is a discretionary power and there may be cases where it is not expedient to pursue such action. All enforcement-related complaints are treated confidentially. If the complaint results in a planning application being submitted, this will be publicised as normal and adjoining neighbours will be notified. The Council will acknowledge all complaints received and will write to advise the complainant on the action taken, at the conclusion of the case. Only those upon whom an enforcement notice has been served have the right of appeal.

The Council’s priorities for enforcement action are contained within the Enforcement Strategy, which is subject to regular review which may involve public consultation as part of this review process.

 

Development Management IMPROVE

The IMPROVE project seeks to provide early opinions from the public on certain Planning Applications and on certain aspects of the Local Development Plan (LDP)

As part of the Development Management process, Council has initiated a new programme of enhanced public consultation and involvement called ‘IMPROVE’.

This provides an early opportunity for the public to become involved and engaged in certain prominent planning applications, to let Council know what you think of these proposals, located at key sites across our District. We’ll take these opinions on board and they’ll inform our discussions with the applicant, prior to Council deciding these applications.

 

What are we asking the public to do?

Prior to us making any formal decision on certain planning applications, we want your preliminary opinions on planning-related issues.

As part of IMPROVE, an EU funded project by the Northern Periphery and Arctic 2014-2020 programme which aims to facilitate the public in helping your Council produce better public services in this District, we would like you to give your early feedback on significant planning issues that Development Management will need to consider as part of its processing of the application.

It is important that all our citizens with an interest in the future development of our District become engaged in this process. We will also be consulting with consultation bodies.

Derry City and Strabane District Council is very keen for the community to get involved at an early stage in the planning process.  Anyone who wishes to get involved is encouraged to do so. This IMPROVE project is being piloted by the Council and will be subject to future review. Derry City and Strabane District stresses that any comments received as part of this IMPROVE project in relation to any of the planning applications will not be treated as an official representation (either objection or support) to this specific proposal.If you would like to make a formal representation on this Planning Application, please do so in writing, Click Here.

 

What is the benefit?

We hope to gain the general public’s views on certain prominent planning applications. It will enable Council to see the public’s views on key sites / planning applications within the District. In particular, tell us what you think about the design, materials, and general appearance of the proposal.

These benefits apply when public participation is a two-way process - where both the public and the Council can learn and gain benefit. Effective public participation allows the public’s opinions to be identified and incorporated into decisions that ultimately affect them.

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