The application process

Whether your application is for a conservatory, a new house or a factory the way we deal with your application will be basically the same.

What we do with your application is set down in legislation and all authorities should deal with applications in a similar way.

Here we have set down the process in simple terms:

Validation and Registration:

The first thing we do when we receive an application is to allocate a case officer. This officer will deal with the application and will be your contact throughout the application process.

When we received any application we check that it has all the information we need to make it valid. This is set down in the council’s validation checklist. We will not validate your application until we have received all the information we need. We will write to you to ask for more information if you have not provided it with your application. We will also check that the right fee has been submitted. You can also pay online using our payment service. The service is available 24 hours a day, 365 days a year.

Once we have the right information, we will register your application and start dealing with it.

Publicity and Consultation:

We consult various bodies to obtain their expert view on your application. These bodies might include the Highway Authority, English Nature or The Environment Agency.

We will also notify any properties which adjoin the site to let them know that an application has been submitted and / or will put up a site notice or advertise the application in the local press depending on the type and location of the development. We will normally give everyone 21 days to make their comments.

Site Visit:

We visit every application site in order to assess the proposal in situ. This will normally be within the first four weeks.

The case officer will look at the plans, make notes and take photographs of the site for the case file as required.

Consideration:

The application will be assessed by the case officer who will take into account current planning policy, consultation responses and comments from local residents.

Negotiation:

Sometimes we will ask for changes to be made to the application if we do not consider that the proposal is acceptable in terms of current planning policy.

If the changes are significant we may re-notify (although we are not required to do so) and ask for further comments from consultees and local residents.

Decision:

There are various ways we can make a decision on an application and these are different depending on the type of application. Some applications must be reported to planning committee while other applications can be dealt with by an authorised officer of the council under delegated powers. Our scheme of delegation sets out how we normally deal with different types of applications.  You can view this as part of the Council's Constitution (May 2013) (please refer to Part 2, pages 29 to 31).  This must be read in conjunction with Previous and Current DCLG Codes (PDF File, 188kb).

Once a decision has been made we will send out a decision notice  to the applicant or their agent. We will not write to all those who have commented about the application to inform of the decision although such information is available by using our e-planning website.

If an application has been approved there will normally be conditions attached which will need to be discharged.

If an application is refused the applicant does have a right of appeal  to the Secretary of State.

Community Infrastructure Levy (CIL)

CIL may be required to be paid if planning permission is granted for your proposal. This will be dependent on where the development is located within the District, the type of use proposed, the amount of floorspace that is being created and the amount that is being lost i.e. through demolition.

Pre-decision

To allow the Council to decide if and how much CIL is liable, an information form is available below. This should be completed and submitted with your planning application. This includes application for householder development. 

CIL Information Form

From April 2013, Permitted Development (development that does not require planning permission) may be of sufficient scale to be liable to CIL.  It is the responsibility of the developer to serve a Notice of Chargeable Development  on the Council before development is commenced.  If this applies to your development, please complete and return the form below. Please note that the Council may advise if CIL is payable when also dealing with ‘Do I need Planning Permission requests’ and as part of its Planning Enforcement process.                                               
 

Post-decision 

If planning permission is granted for CIL-liable development, the District Council will issue a CIL Liability Notice alongside the planning decision notice.  This will confirm the amount of CIL payable.  It should be noted that it is the responsibility of the person(s) who will pay the charge to serve an Assumption of Liability Form on the Council prior to the commencement of development.  If this does not occur, the charge will automatically default to the owners of the land and surcharges may apply. 

If you wish to claim Social Housing Relief of Charitable relief you will have to complete and return a Request for Claiming Exemption or Relief   and have it approved prior to commencement of development.  

If you wish to claim relief for self-build housing, residential extensions or residential annexes please complete and return the appropriate forms which can be found on the Council’s CIL page.   

Important - CIL liability is held as a charge on land.  If CIL is not paid you may have difficulty selling your property.  

At Commencement of Development 

At least one day before the approved development commences you must complete and submit a Commencement Notice  stating when you intend to start work on the development. Once we have received this we will issue you with a Demand Notice which will set out the payment required, and the instalments for each payment if applicable. 

If you fail to make the payments or complete the required forms prior to commencement you may be liable to enforcement action being taken against you which may result in a prosecution.  For further information about CIL enforcement please go to the Planning Enforcement Page.

Important - CIL liability is held as a charge on land.  If CIL is not paid you may have difficulty selling your property. 

Appeals are possible on a limited number of aspects of CIL. For further information please refer to the CIL Appeals Note (PDF File, 202kb)

Request for Review of Chargeable Amount

For more information, including the Council's CIL Guide please visit our Community Infrastructure Levy (CIL) pages.

Contact us

Newark and Sherwood District Council
Kelham Hall
Kelham
Newark
Nottinghamshire
NG23 5QX

01636 650000

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@nsdc.info

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