Development Management Charter

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Dartmoor National Park Authority’s
Development Management Charter

Introduction

This Charter explains the way in which the National Park Authority’s development management service works and sets out the standards you can expect when you use the planning service, whether for general advice, submitting a planning application or carrying out a development.

Around 90% of all applications for planning and similar permissions are approved by the Authority. However, in a large number of cases, advice and negotiation is necessary with the objective of achieving the best possible development in the most appropriate location. No two cases are identical and, through working together, it is usually possible to arrive at a solution which both meets the needs of the applicant and makes a positive contribution to the character, appearance and social and economic wellbeing of the National Park.

However, negotiation takes time and the best decision is not always the quickest. This Charter, therefore, not only sets out the Authority’s targets for dealing with the various elements of the development management process, but also refers to ways in which applicants, their agents, parish councils and the general public can work with the Authority to help us to provide the best possible service and achieve development that meets the needs of the applicant and that is good for Dartmoor and its communities.

The Development Mangement Charter is divided into the following separate sections:

The Development Mangement Charter is also available in PDF format here:

Development Management Charter PDF (124Kb - PDF Help)

The development management process

Development Management is a positive and proactive approach to shaping, considering, determining and delivering development proposals. In Dartmoor it is a process led by the National Park Authority as the local planning authority but working closely with applicants and other stakeholders.

It is undertaken in the spirit of partnership and inclusiveness and supports the delivery of a vision for Dartmoor set out in our Management Plan and Core strategy. It enables us to assess the acceptability of developments in relation to national and local polices, taking account of other relevant factors and tries to reconcile the many and varied interests which often exist in relation to even the most apparently, straightforward proposal.

It involves:

providing advice and information in respect of specific proposals and the planning system in general;
deciding planning applications of all kinds; including applications for listed building consent, conservation area consent, advertisement consent, non-material amendments or applications to discharge conditions;
considering prior notification proposals for certain types of agricultural and forestry related development which are, effectively, granted ‘outline permission’ by the Town and Country Planning (General Permitted Development) Order, but nevertheless have to be ‘notified’ to the Authority so that it can determine whether a full planning application is necessary in respect of design, location or both;
stating the Authority’s case in respect of appeals to the relevant Secretary of State when a proposal has been refused permission;
monitoring development to ensure that approved plans are complied with or, if necessary, taking action to deal with an unacceptable development.

Before you make your application

Before you submit a formal application you may wish to discuss your proposal with a planning officer. This approach is encouraged by the Authority and is an opportunity for the planning officer to:

advise on the need for permission;
explain the Authority’s planning policies in relation to your proposal and give an opinion on the likelihood of success;
point out any obvious pitfalls and, where possible, explain how they might be overcome;
provide you with copies of guidance notes or direct you to areas of our website or the Planning Portal where further advice can be found;
advise on the completion of application forms and the level of statutory fee payable;
advise on where further information from other organisations may be required e.g. pollution risks and drainage, design and access statements, flood risk and ecological assessments

Where appropriate, a site meeting can be arranged before an application is submitted. It will normally be possible for such a meeting to take place within 10 working days of it being requested.

If appropriate, the planning officer will write to confirm the advice given at the pre-application stage, normally within 5 working days of the meeting.

How you can help:

How you can help

consider the relevant policies and advice published by the Authority on our website (where you can also find our application forms) and on the planning portal;
think about the likely effect of your proposal on your neighbours, discuss it with them and consider their views;
think about the likely impact of your proposal on the appearance of the area generally and whether it will fit in with its surroundings;
explain clearly what you propose to do;
understand that, during busy periods, it may not be possible to arrange a meeting as quickly as you might wish;
remember that planning officers often have to be out of the office and that an appointment may therefore be necessary to ensure that you see the right person;
remember that advice from an officer is not a decision of the Authority; a decision can only be given after the submission and consideration of a formal application.

When you make your application

When your application is received it will be checked to ensure that the plans and drawings are accurate and that they provide all the necessary information to understand the proposal, where it is proposed and that the forms have been filled in correctly and the right fee, where applicable, has been paid.

Within 3 working days of receipt, we will either:

send an acknowledgement stating that the application has been checked and found to be valid, telling you the name and contact details of the officer who is dealing with the application (the case officer) and setting out your statutory rights or;
contact you (or ask you to call into the office if possible), stating why it is not valid and what needs to be done to correct the application either in the office or before re-submitting.

Within 5 working days of a valid application, we will:

upload the application to the weekly list on our website ;
begin consultation with all the statutory bodies which are likely to wish to comment on the application (including the District or Borough Council);
send a copy of the application to the Parish or Town Council so that it can have the opportunity to comment;

Within 10 working days of the acknowledgement of an application:

we will ensure that all applications are advertised by a site notice displayed on or near the site, so that it can clearly be seen by the general public (some applications will also be advertised in the local press);
a planning officer will visit the site to assess the acceptability of the proposal and take any necessary photographs. He or she will also note whether any neighbours or other interested parties should be specifically notified of the receipt of the application.

Within 3 working days of the planning officer’s site inspection he or she:

will send a letter, advising of the receipt of the application, to any neighbour who, in the officer’s opinion, should be specifically notified.

It is sometimes considered that a proposal is not acceptable as submitted but that it could be acceptable if amended. Consultees such as the Highway Authority, the Environment Agency or Parish Council may also raise matters which need to be considered before a decision is made.

In either case we will open negotiations as soon as possible, sometimes during the validation of the application, so that wherever possible, a conclusion can be made within 8 weeks from the date the application is considered valid. To enable decisions to be made as quickly as possible, the Authority delegates to the Director of Planning the ability to decide all non-controversial applications, where the decision would be in line with its adopted policies.

Between 10 and 15 per cent of all applications have to be referred to the monthly Development Management Committee meetings. You can attend the meetings and, if you are an applicant, objector or representative of a parish council and have given the required notice, speak for up to three minutes about the application and respond to any questions Members may ask. Please refer to separate advice on public speaking in respect of planning applications and enforcement cases on our web site.

When a decision has been made, the decision notice will normally be issued within 3 working days. In some cases the decision notice may be delayed for the receipt of additional information or for the completion of a related legal agreement.

If permission is refused but it is considered that an alternative proposal may be acceptable, you will be notified in a letter accompanying the decision notice. Further discussion with the case officer may help to agree amendments that would achieve a successful outcome with a fresh application. An amended application for a development of the same description within the same red line (application site) submitted within 12 months of the date of the refusal will not normally require the submission of a further fee.

How you can help

read the Guidance Notes which accompany the application forms to ensure that the forms are completed properly and the correct plans and drawingsare submitted;
consider employing the services of a chartered architect, planner or other suitably qualified agent to prepare your application;
ensure that the plans and drawings submitted with the application are clear, accurate and drawn to a recognised metric scale, and that any additional information such as a Design and Access Statement and any contaminated land, wildlife, historic building or tree surveys are also included if required;
ensure that you have submitted the correct fee;
answer letters promptly so that negotiations can be concluded well within the statutory period for dealing with the application;
be willing to consider other people’s points of view and, if necessary, to compromise;
note where the Site Notice is displayed and remove it 21 days, from the date of the Notice.

If you wish to comment on an application

We will ensure that all applications are publicised by displaying a site notice and showing the details on our web site. Where appropriate, a press notice may also be necessary.

In addition to our web site, all applications are available for inspection at the National Park Authority Offices, at Parke, Bovey Tracey during normal office hours or by arrangement with the clerk of your parish or town council.

Representations can be made via our web site, or by email or letter. We will acknowledge all representations made within 3 working days of their receipt. If the application is considered at a meeting of the Development Management Committee, you will be advised in writing and be sent a copy of the relevant committee report on receipt of which you may wish to consider registering to speak (see earlier advice).

In the event of an appeal to the Secretary of State in respect of a refusal of permission or the imposition of a condition, we will notify everyone who made comments on the application.

How you can help

if you wish to discuss the application with the case officer, telephone to make sure that he or she will be available when you visit the office;
always make your comments clearly and in writing; do not make them too lengthy and concentrate on matters which are relevant to the application;
try to make your comments before the end of the 21 days allowed, so that they can be fully considered before a decision is made.

If you complain about a development

The power to take enforcement action against an unauthorised development or a development which is not proceeding in accordance with an approved plan, is discretionary. Action will only be taken where it is considered necessary to do so in the light of all relevant considerations. However all complaints will be investigated and a conclusion will be reached in each case, even if it is simply that no action is to be taken.

A written complaint will be acknowledged within 3 working days of its receipt.

The site which is the subject of the complaint will be visited as quickly as possible and normally within 5 working days of the receipt of the complaint

Within 10 working days of the site visit, you will be told what was found, whether we can deal with it, and what will happen next. If the matter cannot be dealt with by the Authority you will be told why.

If the matter is referred to a meeting of the Development Management Committee, you can attend the meeting and, if you have given the proper notice, speak for up to three minutes about the matter (please see separate advice about public speaking in respect of planning applications and enforcement cases on our web site). You will be informed of the decision within 5 working days of the meeting.

How you can help

unless urgent, make your complaint in writing;
explain the problem clearly;
provide whatever details you have of the location of the development and the ownership of the land;
allow officers access to your property so that they can gain a better appreciation of the problem;
be prepared to give evidence in the event of legal proceedings;
understand that some developments do not require the permission of the Planning Authority and that others may be considered acceptable despite your complaint.

Monitoring and Review

The Authority will:

keep all its development management procedures under review to ensure that the service responds to changing needs and circumstances as quickly as resources permit;
regularly monitor its statistical performance;
consider means of assessing public reaction to its decisions and satisfaction with the service provided.

If you are unhappy with the way in which we have dealt with an application or your complaint then please contact the case officer as soon as possible to try to resolve matters. If you are not satisfied with the response from that officer then please write to the Head of Development Management. If, after receiving the response of the Head of DM, you remain unhappy then please put your complaint in writing to the Director of Planning. Our complaints procedure is available on our web site.

Useful addresses and telephone numbers

For advice on highway issues relating to development management in the National Park:

Devon County Council,
Area South Highway Management Office,
Devon House,
Brunel Road,
Newton Abbot,
Devon,
TQ12 4PB
(01626) 206385

Others:

Environment Agency,
Devon Area office,
Exminster House,
Miller Way,
Exminster ,
Exeter, EX6 8AS
08708 506506

South West Water,
Peninsular House,
Rydon Lane,
Exeter, EX2 7HR
(01392) 446688

Teignbridge District Council,
Forde House, Brunel Road,
Newton Abbot, TQ12 4XX
(01626) 361101

South Hams District Council
Follaton House, Plymouth Road
Totnes, TQ9 5NE
(01803) 861122

West Devon Borough Council
Kilworthy Park, Drake Road
Tavistock PL19 0BZ
(01822) 813600

Mid Devon District Council
Tiverton Town Hall
Angel Hill, Tiverton, Devon EX16 6PE
(01884) 255 255

Further Information

If you have any further queries you can call at the office
or telephone:-

Dartmoor National Park Authority
Parke
Bovey Tracey
Newton Abbot
Devon
TQ13 9JQ
(01626) 832093
Fax (01626) 834684
E-mail: hq@dartmoor-npa.gov.uk
Website: www.dartmoor-npa.gov.uk

The opening hours are
9.00am - 5.00pm Monday to Thursday
and 9.00am - 4.30pm Friday.

The names and addresses of the Dartmoor National Park Authority Members can be obtained from our office (please see address above) and are available on our web site.

Car parking is available but access to the office from the main car park is along a steeply sloping path. If you have a disability, are less mobile or elderly and are likely to have difficulty in using that path, then you may park close to the office, at the rear of the building.

Further Information

If you have any further queries you can call at the office or telephone:-

Dartmoor National Park Authority
Parke
Bovey Tracey
Newton Abbot Devon
TQ13 9JQ

(01626) 832093
Fax (01626) 834684
E-mail: hq@dartmoor-npa.gov.uk
Website: www.dartmoor-npa.gov.uk

The opening hours are: 9.00am - 5.00pm Monday to Thursday and 9.00am - 4.30pm Friday.

The names and addresses of the Dartmoor National Park Authority Members can be obtained from Parke, Bovey Tracey (please see address above).

Car parking is available but access to the office from the main car park is along a steeply sloping path. If you have a disability, are less mobile or elderly and are likely to have difficulty in using that path, then you may park close to the office, at the rear of the building.

Page updated 14 April 2010