When a planning application is received, we will register and check it. If we have everything we need, we will send the applicant or agent an acknowledgement within a few days. If not, we will write to say what else is needed.
We have to publicise the application. This is usually done by writing to all adjoining owners and occupiers. In some cases a notice will be fixed near to the site and sometimes the application will be advertised in the Leicester Mercury. We have to allow at least 21 days for people to make comments. Any information supplied in connection with the application will be placed on a public file and will be available to members of the public and organisations other than the City Council including through the internet.
The officer dealing with the application will need to visit the site. It would be helpful if the applicant can give a daytime contact name and number on the application form so that arrangements can be made for access if necessary.
If the case officer thinks that the proposals are unsatisfactory but could be changed to make them more likely to be approved, the applicant will normally be asked to amend the plans. The applicant does not have to agree to this but the case officer will always try to explain the situation and help when he/she can. An unsatisfactory proposal is likely to be recommended for refusal.
The case officer will write a report which will recommend whether the application should be approved and if it is, what conditions should be attached, or whether the application should be refused. The vast majority of decisions are made by senior officers who have "Delegated Powers" to decide applications on behalf of the Council, although a small proportion of decisions are made a by a Committee of Councillors - usually major applications or those with a high public interest.
The Decision Notice will be sent to the applicant's agent if an agent has been used.
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The law says the Local Authority should decide most applications within eight weeks. We always aim to do this but like all other Local Authorities cannot promise to meet that target all the time.
We may be able to give a rough idea of how long an application will take if we know what the proposals are and when the application will be submitted. The case officer dealing with the application should be able to give more precise information about 3 weeks after the application has been submitted.
Because of the requirement to publicise applications and with essential administrative work it is not possible to decide even straightforward applications in less than about 5 weeks. If we need to ask the applicant for more information or suggest amendments this will add to the time and if the application has to go to Committee the process will generally take longer - especially at times of the year when there are fewer Committee meetings scheduled.
We will normally only delay the application when this is unavoidable or when we believe it is in the applicant's interest to help get an approval.
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Is consent under the Building Regulations needed?
Many proposals also need to conform with the Building Regulations. This is separate from the need for planning permission. The applicant should always check with the Council to see what approvals are needed. For enquiries about Building Regulations, please contact Building Control.
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Is a licence under the Licensing Act required?
If you are providing alcohol, regulated entertainment or late night refreshment it is likely that you will need a licence under the Licensing Act 2003. This is, of course, in addition to making sure that your business or other activities meet other legal requirements.
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What if the application is refused?
If the applicant thinks that the proposal could be altered to make it more acceptable it can submitted again with different plans. In certain circumstances another application fee may not be needed. If the applicant wishes to try another application, they should discuss this with the case officer . The alternative is to appeal against the refusal (see below).
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What if the applicant does not agree with Conditions attached to a planning permission?
The applicant could make another application to try and get planning permission without such conditions; however the Council will have put the conditions on for a good reason and the alternative is likely to have been a refusal. Unless circumstances have changed since the planning permission was granted it is likely that the conditions will have to remain. The applicant should discuss this with the case officer. The alternative is to appeal against the conditions (see below).
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How can the applicant appeal against refusal or conditions?
The notes on the Decision Notice gives details on how to obtain appeal forms from the Planning Inspectorate. Forms are also downloadable from the Planning Inspectorate's website. Any appeal has to be made within the time limit given on the Decision Notice, in most cases three months. The Planning Inspectorate is independent of the Council but will be aware of the planning policies of the Council and will not allow the appeal if it believes that the Council's decision was made properly in accordance with those policies, and other material planning considerations.
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Conditions requiring approval of details
Some planning permissions will be granted subject to a condition that the applicant agrees certain matters (e.g. building materials) with the Council before the scheme is started. Since 2008, this is now a formal process for which a fee is payable. For more details, go to our page: Discharging planning conditions. The applicant must allow adequate time to discharge all relevant conditions before work starts.
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What if the applicant isn't satisfied?
If the applicant thinks he/she has been treated unfairly or that the Council has dealt with the application inefficiently, they can make a complaint. The Council welcomes complaints when mistakes have apparently been made; letting us know when you are unhappy gives us the chance to put things right or to explain to you why things have happened.
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Further information
