Determining planning applications—procedure
Determining planning applications—procedure

The following Local Government guidance note provides comprehensive and up to date legal information covering:

  • Determining planning applications—procedure
  • Legislation and guidance
  • Validity of a planning application
  • Consultation on a planning application
  • Time limits for decision on a planning application
  • Decision makers in the planning process
  • What must the decision-maker take into account in determining a planning application?
  • Material considerations in determining a planning application
  • Notification of determination of a planning application
  • Content of a planning permission/decision notice and duty to give reasons
  • more

Legislation and guidance

The statutory requirements relating to the determination of planning applications are set out in:

  1. the Town and Country Planning (Development Management Procedure) (England) Order 2015, SI 2015/595 in England (the England DMPO), and

  2. the Town and Country Planning (Development Management Procedure) (Wales) Order 2012, SI 2012/801 in Wales (the Wales DMPO)

In England, guidance on determining planning applications is set out in Planning Practice Guidance.

Validity of a planning application

On receipt of a planning application the local planning authority (LPA) must determine whether the application is valid.

The submission of a valid application for planning permission requires:

  1. a completed application form

  2. compliance with national information requirements

  3. the correct application fee

  4. provision of local information requirements

LPAs should acknowledge receipt of a valid application. If the application is deemed invalid, the LPA should set out its reasons.

Once a valid application is received, the application is placed on the planning register. The determination process should be commenced as soon as the application is validated. The time period from application to decision begins the day after a valid application and the correct fee (where applicable) have been received.

Delay in the validation of a planning application

If the LPA considers that insufficient information has been provided in a planning application to make a decision, it can ask the applicant for additional information.

Where the