“Pre-Application Openness And Transparency”

A useful guide from the South Hams Society on what developers and officers can co-operate on before a planning application goes in and what rights residents have to know what they are doung.

” …You are entitled to ask the district council:

If you suspect that discussion is being held on a proposal for development that hasn’t yet been published as a planning application, you are perfectly entitled to ask the district council, as the planning authority, what it knows about it.

The Environmental Information Regulations of 2004 require public bodies, if asked, to release to the requester, within 20 working days, any information they have on proposals for the land.

There are certain defined circumstances in which they can withhold it but they wouldn’t often apply in the cases in which the ordinary resident would be interested.

The rules cover pre-application discussions and any other less formal enquiries. Your request needn’t be in writing, it can be oral, for instance, by asking a councillor, in or out of a meeting, and the rules would equally apply to a town or parish council as well as to a district council.

Any blanket response such as ‘Pre-Application discussions are confidential’ is misconceived and should be challenged.

Your enquiry can be submitted online through the council’s Freedom of Information portal, citing the Environmental Information Regulations.

Requests are perhaps best framed in relation to an area or place and a time period, without any reference to the parties you think might be involved. For instance “Could I please be informed of any proposal of which the council has become aware in the last year, in the form of a pre-application request or otherwise, for development in the field of which the centre is at SX66805021? Please include the record of any advice the council may have given.”

Make sure your request is acknowledged, and follow it up if you haven’t had a reply within 20 working days.

[A model letter example from South Hams can be found here]:
https://southhamssociety.org/wp-content/uploads/2019/09/SHS-ICO-pre-application-ruling-Councillors-letter-230919.pdf

https://ico.org.uk/media/action-weve-taken/decision-notices/2019/2615823/fer0829003.pdf

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