QUESTION: Councillor L. de Courcy
To ask the Chief Executive under what circumstances the planning department would recommend owners submit a planning application for a development where the proposal is incompatible with the current zoning regulations at that location and to explain the reasons why this would be encouraged?
REPLY:
The decision to submit a planning application rests solely with a landowner or other interested party, with the role of the Planning Authority being to assess and determine any application received in accordance with the Development Plan, national policy and relevant planning legislation. The County Development Plan provides a framework to support sustainable growth and development across the County, and the Planning Authority aims to provide a proactive planning service, including pre planning, that facilitates appropriate development in the right locations. This includes engaging with applicants at pre-application stage.
In accordance with Section 247 of the Planning and Development Act 2000 (as amended), the Planning Authority may engage in pre-application consultations to provide general advice on the planning process, relevant Development Plan objectives and other material considerations. Such consultations are without prejudice to the formal assessment or determination of any subsequent planning application and do not indicate that permission would be forthcoming.
Where a planning application is submitted for development listed as “not permitted” under the applicable land use zoning objective, such development would generally not be permitted. However, there are limited circumstances, where specific exceptions are provided for within the Development Plan including if a proposal contributes to the sensitive re-use of a protected structure, that the Planning Authority may consider the principle of a proposal listed as ‘not permitted’. The consideration of individual planning assessments are set out in the relevant Chief Executive Orders, available on the SDCC Planning Portal.