Gwent Wildlife Trust
 Responding to Planning Applications 

Planning Application Decisions

Local Planning Authorities (LPA) can either:

• Grant planning permission subject to conditions and / or obligations they deem appropriate.

• Refuse permission.

In deciding, the LPA must pay due regard to its development plan and other material considerations and representations made through the consultation process.

Planning Applications are determined by the LA’s Planning Committee. This committee is informed by, but does not necessarily agree with, the recommendations of the planning case officer.

At this point applications can be 'called in' by the Environment Minister.  The Welsh Assembly is ultimately responsible for planning decisions made in Wales.  Occasionally a LPA will reach a decision on a planning application that the Environment Minister is not happy with. The minister can then "call in" the application.  The LPA will be encouraged to reconsider the verdict or a planning inspector will be appointed to reach a decision via a public enquiry.

Planning permission is not formally granted until the relevant planning officer has signed and issued the planning permission document.

So, in a sensitive or contentious case it is still possible to intervene prior to the document being signed by requesting that the application is ‘called in’ by the Environment Minister.

Other Options to Stop or Modify a Planning Application

 Judicial Review

This can be very expensive. If ever used ensure that you are represented by ‘a man of straw’.  A 'man of straw' is a legal term for a person with no means.  If the 'man of straw' looses the case at Judicial Review he cannot be called upon to pay costs. This will help avoid costs in the event of losing the case.

Ombudsman

A much safer approach, but less likely to achieve the desired result. It can, however, have the effect of embarrassing the Council, so that similar applications will be considered more carefully in the future.