Walmley Residents - Nimby Corner
The planning System Explained
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PRE CONSULTATION.
Usually larger applications that affect the wider community.
Be aware that there is a stage BEFORE the official one starts, this is the pre application stage. BEFORE the official line starts.
Then the process usually follows through to the “official” application stage where you MAY be informed, by the planning department, that an application has been lodged.
The applicant now has to have a pre application stage to inform the public and show they have consulted prior to the formal application stage.
This theoretically cuts down the time that it takes through the official channels. Unfortunately if people have been consulted in the “PRE” application stage, they often think that is it and do not respond to the Formal stage. Then at the formal stage, no comment is often taken as no objection. So the tip here is always respond to everything, better to have too many than none.
NIMBY CORNER The Planning System.
It would appear that many of our members are quite interested in the subject of Town Planning and therefore I have set up our “E” Planning Group under the title of “N.I.M.B.Y. Corner”.
NIMBY, in my book, stands for: -
Neighbourhood Information May Benefit You.
WRA notice board, in Walmley Village, has been known as our NIMBY Board for some years now and can be found on the wall of the Community Hall ( or as we know it the old library).
How does it work?
When WRA get notification of a planning application I copy the information and e-mail it out to our committee and now it also goes out to the “E” Planning Group members.
WRA only get planning applications for our area of interest or things that may impact on our area, we do not get applications for extensions, conservatories etc.
If you are not yet an e-mail member but would like to be one, first you have to be a subscribing member of WRA and of course you have to have an e-mail address, then you contact us.
If you are already a member and want to join the “E” planning Group just let us know and I will put you into that group. As we all have enough information dropped on us that we don’t really want, only those who wish to be involved will be.
Once you are in the loop you will be notified of the application, then you can view plans if you wish and even make comments yourself which can also be made by e-mail. planning.enquiries@birmingham.gov.uk
Believe it or not planning affects us all in one way or another; therefore I will be putting information on this page about the planning system.
Explain how it works, with some explanations of the jargon, also how to take part in the whole process.
Whilst this information will be applicable to the conurbation of Birmingham, a lot of similarities may also be relevant to other areas.
NIMBY CORNER
Will start by give general information on the planning system.
The Planning System.
I attended the planning committee of Birmingham City Council for too many years for me to contemplate, let alone admit to. (Why Not, almost 20 years.) Also, along with other resident’s association members and other groups
I have attended numerous planning inquiries and even taken part in some of them.
Indeed I acted as our Advocate, at the Peddimore Inquiry, for the Peddimore Action Group (PAG), which was made up of groups and individuals from right across the area, the people WON that inquiry. Peddimore remains productive farmland and has now been re-affirmed as Green Belt in the Draft Unitary Development Plan Update.
Often I have been called a NIMBY. (Not In My Back Yard.)
BUT I do not take that as the insult it is supposed to be, I take it as a compliment and turn it around to be a positive NIMBY, which in my book stands for Neighbourhood Information May Benefit You.
“I’m proud to be a positive NIMBY because I have local knowledge which can be priceless.” It take no time at all for an area to “go down hill” if no one cares, it takes a lot of hard work to keep an area a nice place to live and work.
Watching the planning system.
Planning affects all of our lives in one way or another, although most of the time we may not even realise it.
By way of demonstration, how many of you have been asked for directions to somewhere, for instance if you are in the City Centre, and find yourself saying, “well you remember where Lewis’s or Greys used to be, the older ones (like me) may recall Henrys in Carrs Lane etc”.
That’s just around the City Centre. When you look at the districts outside, gosh! How some of them have changed over the years.
As an example look at the changes in the Heartland’s area, or in Broad St. South of the City around Frankley, or North of the city here in Sutton Coldfield. The landscape is always changing.
What about the changes in the past few years, look at the Bull Ring Centre now, can you remember what it was like before? Or even EASTSIDE where Millennium Point is now.
What about underpasses, soon there may be non left, how many remember the underpass on the Small Brook Ringway now ?
Underpasses were planning decisions of the past, when they have all gone and been forgotten will someone come along in 50years time to bring them back?…as a new idea? …I wonder!
So I hope I have established that planning affects all our lives at some time, then perhaps we should all make ourselves a little more aware of the system. Times are changing and we may find it even more difficult to find things out until it is too late to comment, if we are unaware in the first instant.
· The UDP is Birmingham’s land use plan and a good place to start. UDP stands for Unitary Development Plan and all authorities are required to have one. This plan has primacy in the system, so it is as well for you to know that a copy is kept in reception at The Planning Department of the City Council, Floor 9 Alfa Tower, Off Broad Street, for public inspection. Several local Libraries will also have a copy. The UDP was reviewed in 2003 and after another public inquiry, and a change of administration in Birmingham Council, it will be updated as a revised version.
· We understand that the new administration is likely to accept the Inspectors recommendations on Peddimore and leave it as Green Belt.
· However, this will be at variance with RPG11 (Regional Planning Guidance) which identifies Peddimore as an area for inward investment.
· WARNING:- Should any company look at Peddimore, to develop it for industry, there would be no better indication of that companies environmental credibility. Land is a finite resource and we should not waste it.
What should we be aware of?
· Always keep a lookout for “site notices” these are usually displayed on street lamps and telegraph poles, they tell you of a planning application close by which you may wish to comment on. It will have an application number on it, which you will need to make a note of, also an address of the location and very brief description of the application.
· The number will help to identify the application if you want to go to look at the plans, these are available at some neighbourhood offices and always available at Alpha Tower. Some Libraries locally.
· Applications may be for COU. ( change of use) , which on the face of it may not seem much but may have quite dramatic implications for nearby residents or even knock on affects for traffic flows. A rationalisation of school playing fields often meant a loss of open space, replaced by development of one kind or another.
· Then another application may be to “relax conditions”, always one to watch, ask yourself, why was the condition put on in the first instance? Usually to protect something or someone, there ALWAYS is a reason. So check it out, before it is relaxed because no-one objects!
So having, I hope, convinced you that planning is something we should all take an interest in, here are a few suggestions:-
· Make sure your group is on a mailing list from the planning department so that you get notified of some of the applications that may affect your area.
· Always keep your eyes and ears open to what is going on around you.
· Always read “site notices” and take down the number.
· Acquaint yourself with the UDP ( the Birmingham Plan).
· Look in the newspapers under “Public Notices”.
·WRA/WNF only get notified of the larger applications, not extensions, conservatories etc. that may only affect neighbours.
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Who’s Environment is it anyway ?
I hope what you have read so far has been helpful and more importantly that it struck a cord and made you think.
The Planning System, the next steps.
Having been notified of a planning application, what do you do next ?
· First thing is to pop along to look at the plans, take the application number along with you for identification; this will speed up your visit.
Alpha Tower is the best place to go as the planning team for your area are based there. You may need a planning officer to go through the plans with you if you are not used to looking at plans. There will be a location plan so that you can see where the application site is in relation to other uses.
Sutton Town Library has been identified as the general location for Sutton Plans. If you are sent a notification it will tell you where you can view the plans.
Objections.
You may wish to make an objection; these must be on planning grounds.
You may feel that the application may affect the visual amenity of the area; it may be out of character with the existing surroundings. It may be in a conservation area or even in the Green Belt. You may think that it would have a detrimental affect on the area by the noise that may emanate from the building because of its proposed use.
The use may have other implications for the environment, because of smells from an industrial process or cooking odours from a restaurant or take away, as well as noise and disturbance. The traffic flows may well be increased if the application is for something that will be a traffic generator.
You will know your area and surroundings because you live there and know what local conditions are, what the infrastructure to support the development is like, what “Planning Gains” will be needed.
So whilst you are in Alpha Tower ask if there is a policy for the particular use, all sorts of uses have guidelines for where they can be sited so ASK.
The planning system is quite complex, but don’t be afraid of it, lots of the planning policy guidelines (PPGs) are common sense.
· You may be losing some valuable open space amenity because of a planning application, so get people involved, they may not even know about the application. ALL this will be in a time slot of consultation of around 21 days. So don’t waste any time.
Often people will ring me and say “there is a bulldozer on a piece of land by them, what can we do about it “? Usually if the bulldozer has arrived nothing! They may have had notification but either didn’t understand it or forgot about it, until the earth moves! But be alert, if you do not know why someone has a bulldozer on a piece of land ASK the question! Some land owners think they can do what they like with the land they own, this is not the case, planning law is odd, I have often heard it said by planners “you can build what you like, but you may be asked to take it down again”.
Some people will carry out work and bank on other people’s ignorance. AND IT OFTEN WORKS. Most people will see work being carried out and think fancy allowing that there! But not question it. So don’t take anything for granted. Better to ask the questions before something is built rather than after, because after something is complete it is much more difficult to get rid of it.
Get informed, attend a planning meeting for interest, planning reports will give you an idea of the grounds for refusal of an application.
Always give it your best shot, as an objector has no right of appeal, unlike an applicant. If a planning application is refused the applicant has a right to appeal against the decision, which may lead to a public inquiry. Which can be by written representation or an actual public inquiry in front of a planning inspector.
· Don’t forget you can always ring up “Planning Aid” 0121 766 8044 who will often give you advice over the phone and can even get a volunteer who works in the planning field to assist you.
e-mail wmidlands@rtpi.org.uk
Neighbourhood Information May Benefit You
N.I.M.B.Y. Corner. A little understanding goes a long way.
This applies to Birmingham, other authorities may operate slightly different.
Everything that needs planning permission is given a planning reference number.
The first letter denotes which part of the city (N/)North, (C) Central or (S) South, followed by a number, N/01234/ and the year N/01234/07, followed by three letters N/012345/07/OUT .
This application number is followed by the address of the site and also a brief description of the application.
OUT means outline and defines the extent of site, FUL, means full details of the extent of the site, the use, and the layout of the buildings etc. RES means reserved matters of detail, which follows the outline consent previously given. LBC means listed building consent. BCC usually means the application is by Birmingham City Council, whilst NOT applies to Telecommunication masts. If you do not understand ask the receptionists in the planning department at Alpha Tower. They are all very knowledgeable, helpful and a credit to their department and the city. (You see I DO give compliments, when they are due.) So remember If you are looking at something in the North of the city it begins N/ in the Centre of the city it will start with C/ and you guessed it the South starts with S/.
If you do not have the Planning Application Number, but you have an address, the Girls on reception will be able to call up the details (if there are any) on their computer screens. If it is a current application you will be able to see the proposed plans, but if your query relates to an item that has already been decided then you will be able to see the plans, history, background papers, and the report that went to committee, in the planning file. A planning officer should be available to help you understand the plans or anything else in the file. You may need to book an appointment to see this file since although this is supposed to be a public file some papers will be classed as “Not for public viewing” and have to be removed first. (so much for access to information). Argue as you will, and I often do, they claim things like “client confidentiality” and that is the end of it.
Sometimes structures are erected or the use of premises changed, without notification to the planning department, in which case no details will be on file and it will be necessary for a city officer to visit the site and decide if indeed planning permission is needed. These officers are from the Enforcement Department and will advise the owner whether or not permission is required and if so to submit a planning application. All planning applications are chargeable and therefore a source of revenue for the city. The system that follows an application will include site notices and usually, although it is not required by law, notification to near neighbours. Both will advise that details can be seen at Alpha Tower (planning department floor 9) and sometimes at other places such as Neighbourhood offices and some Libraries in your area.
Decisions, not all applications go to committee.
Planning Officers using their delegated powers may determine some application; these are becoming more common recently. These are usually smaller applications where not many people are affected or there have been no objections. With those that do go to committee it is often only after a lot of discussion between the planning officer and the applicant, or their agents, to ensure an acceptable scheme. This almost always leads to a recommendation for approval. Approval is usually accompanied by a set of conditions in order to secure a satisfactory development. Sometimes the committee will defer an approval for a site visit, so they may see for themselves if there is any valid planning objection, which they feel, has not been given enough weight. There are a few applications that are rejected, BUT the applicant has a right to appeal against a refusal, whereas an objector has NO RIGHTS OF APPEAL against approval.
Planning Gains:-
Lay people often refer to these as “Backhanders” but they are indeed legal obligations referred to as, a section 106. These are negotiated by the legal services of the council and are always asked for on the larger developments. They often include things like “off site road works” this can mean a form of pedestrian crossing to assist people to cross a road that will become busier due to the development. They can include landscaping to conceal a visual intrusion. They can include a contribution towards facilities badly needed in an area. (Leaflets are available in the Planning Department.)
NOTE:- Planning gains are compensation to the local community and must be inextricably linked to a loss of something (open space usually) and without which development should not go ahead. Sounds good! ?
WATCH OUT! In the Walmley area we lost the only football pitch we had, yes, I know it was a privately owned facility but it enjoyed extensive local use, particularly the associated small social club. The s106 for our loss was given as a gain to another area. We got more houses but NOT ONE PENNY of compensation.
It has been my experience that planning gains are negotiated between planning officers and the applicant, roads are known to have been included as a s106, but they are usually needed to unlock the land for development and it is difficult to see how this is “compensation” to the community for the loss open space. And just how do you replace open space?
Often the planning department produce a “Development Brief ”, sometimes after public consultation, in order to make a bitter pill easier and more acceptable to the local community. BUT BEWARE. Development briefs are only guidelines and therefore CAN and OFTEN ARE ignored. Also planning gains although obtained often don’t materialise? And the reason given then is “ we have run out of money!” Well who is to blame for that?
All this I have learned from attending the planning committee meetings, open to the public, for many years.
Speaking at Planning Committee.
Birmingham now allows speaking at planning committee, sound good, but what does it mean?
There is a 3-minute slot for ALL objectors no matter how many there are, or how large the application is and how many people it affects. 3 minutes in total and the clock is running. Despite the applicant having had the opportunity to meet with planning officers for hours over months maybe, the applicant has 3 minutes also and after the objectors. They take the opportunity to rubbish everything the objector says. How equal is that when they have already had access to planning officers before the application even goes out to consultation, So much for speaking rights. Also THEY have the right to appeal against a refusal.
Well that’s about it. KEEP YOUR EYES OPEN, after all,
“Who’s Environment is it anyway”.
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