The Case Officer
will:
- Ensure that all stages of the development management process are completed within the stated timescales. In exceptional circumstances[1] to seek Extensions of Time.
- Check the relevant neighbours and consultees have both been correctly notified and check and seek amendments to the application description if it is not properly worded in respect of any retrospective or part retrospective status. .
- Actively manage consultations (including the period for on-line consultee responses to be made) and the assessment of responses.
- Undertake a site visit – discuss with the Team Leader if this is thought not to be necessary[2]. In most cases, a site visit will be required.
- Discuss retrospective/part retrospective applications with the planning enforcement team and arrange a joint site visit where required.
- Request any additional information (as so required or critical for the determination of the application) as early as possible and well within the statutory period for determination.
- If so required, discuss the case with the relevant ward member particularly if the case is controversial. Agree with the Team Leader/Deputy Team Leader (TL/DTL) on the approach.
- Discuss and advise the ward member (as required) if they wish to consider calling an application to Committee.
- At the discretion of the case officer, request minor amendments[3] if this is seen as resolving a minor issue; that do not need readvertising and can be received and determined within the statutory period for determination.
- Discuss the case with the relevant TL/DTL within or at the end of the consultation period to seek any necessary guidance and provide an initial planning view, particularly if a proposal is considered to be fundamentally unacceptable.
- At the discretion of the case officer in consultation with the TL/DTL present an application to the internal case review panel to seek advice. Service Managers and the Assistant Director can also make this request.
- Other than retrospective/part retrospective or any prior approvals/notification (56 day or 28 day) if a planning application is to be refused under delegated powers to notify the agent/applicant giving them the reasons why it is not acceptable offering them the opportunity to withdraw the application within 24 hours explaining that no minor changes can overcome the reasons for refusal[4]. If the case officer has not heard back within this period or the agent/applicant refuses to withdraw the application, the application shall progress to the issuing of a decision (refusal). This is not an opportunity for the agent/applicant to submit unsolicited amended plans in a hope this will address the reasons for refusal set out by the case officer in the above notification.
- The imposition of planning conditions on any approval shall be in accordance with the 6 tests as set out in Para 57 of the National Planning Policy Framework Document 2024 (NPPF) or future equivalent. The use of pre-commencement conditions shall be used sparingly and will need to be shared with the agent/applicant to seek agreement before approval.
- Conditions to be imposed on retrospective/part retrospective applications will be discussed with the planning enforcement team prior to being finalised and a decision issued.
- For those proposals that require a S106 agreement this shall be in accordance with the tests set out in Para 58 of the NPPF (2024) or future equivalent.
- Issue decisions in accordance with the Council’s Scheme of Delegation promptly following completion of the consultation process and application assessment.
- Instruct Legal Services colleagues on any relevant S106 agreement and remain the responsible officer.
- Endeavour to determine planning applications within the statutory period.
[1] Exceptional circumstances when an application requires a legal agreement or waiting for a critical response from a consultee or any bespoke circumstance as so agreed with the Team Leader or Deputy Team Leader
[2] Cases where the case officer has already visited recently, works are visible from the street scene and Streetmap and Google Earth can assist. Reasons will need to be recorded on the case file
[3] Minor amendments are defined as changes which are not material and do not need to be re-advertised. What is deemed to be minor is a matter of fact and degree and for the case officer to decide based on his/her professional judgement.
[4] This excludes retrospective/part retrospective or prior approval/notifications – 28 or 56 days