Pre-application community consultation process pack

The Planning Act (NI) 2011 provided for the transfer of the majority of planning functions from central government to local councils. It also brings forward a number of reforms to the planning system.

The legislation requires that prospective applicants for all regionally significant and major developments must undertake formal public consultation prior to the submission of a planning application. This is to ensure that communities are aware of, and have an opportunity to comment on, such proposals before an application is made.

Development proposals fall into three categories:

• regionally significant;
• major; and
• local.

All applications for regionally significant or major developments submitted on or after 1 July 2015 must comply with the pre-application community consultation process outlined in this guidance.

Pre-application consultation does not replace the opportunity, or remove the need, for communities and individuals to make formal comments on proposals during the planning application process.

This pack contains the following:

• guidance
• new hierarchy of development
• Proposal of Application Notice (PAN)
• pre-application consultation report
• pre-application process
• major application definition checklist

Return Notices to:
Belfast Planning Service
Belfast City Council
The Cecil Ward Building
4-10 Linenhall Street
Belfast
BT2 8BP

Call: 028 9050 0510
Email: [email protected]

Pre-application community consultation process guidance notes

New hierarchy of development

There are three types of development which a proposal may fall into:

Regionally significant developments

As set out in The Planning (Development Management) Regulations (Northern Ireland) 2015 (see checklist at end of this pack). Prospective applicants must consult with the Department of the Environment for regionally significant developments prior to submission of a PAN as outlined in The Planning Act (Northern Ireland) 2011 Section 26.

These should not be made to the council.

Major developments

As included in The Planning (Development Management) Regulations (Northern Ireland) 2015 (see checklist at end of this pack). Prospective applicants must consult with Belfast City Council for major developments prior to submission of a PAN as outlined in The Planning Act (Northern Ireland) 2011 Section 26.

Local developments

All development, other than regionally significant and major developments, belong to the category of local developments and do not require community consultation.

Proposal of Application Notice

If pre-application consultation is required, applicants must submit a PAN at least 12 weeks prior to the submission of the planning application. The PAN form is available online (link opens in new window).

The PAN must detail the consultation process the prospective applicant will undertake on the proposal, including when, how and with whom. We will respond within 21 days stating if it is acceptable or if the proposal is insufficient set out any additional consultation that is required.

The PAN should include:

• contact details for the prospective applicant or agent;
• if the site has a postal address, that address, including postcode;
• a description of the proposed development, including details of proposed use, floor space (industrial / commercial), number of units (residential) etc.;
• a plan showing the outline of the site at which the development is to be carried out; and
• an account of what consultation the prospective applicant proposes to undertake.

Consultation with communities can begin when the Proposal of Application Notice is submitted, although we may request further consultation.

Who should be consulted and how?

The prospective applicant is required to indicate in the PAN what consultation will be
undertaken.

The statutory minimum requirements are:

• The consultation must include at least one public event where members of the public may make comments to the prospective applicant on the development
• Details of the proposal and consultation must be published in a local newspaper at least seven days prior to the event being held.

The public event advertisement must include:

• the location and description of development,
• details of where further information is available,
• date and location of the event,
• a statement explaining how, and by when, anyone wishing to make comment to the prospective applicant relating to the proposal may do so, and
• a statement that comments made to the prospective applicant are not representations to the planning authority.

An example template for the required press advert is included at the end of the pack.

The planning authority may, within 21 days of receiving the PAN, notify the prospective applicant of any other persons they consider must also receive a copy of the PAN and of any other consultation that must take place, including the type and form of consultation.

In addition to the statutory minimum requirements Belfast City Council is in most cases likely to require the following additional consultation to be carried out:

• the PAN is to be sent to members of council for the District Electoral Area in which the proposed development is situated — details can be found on our website
• additional publicity to be provided for events including leaflets to neighbouring properties and posters in prominent locations in the area

Further consultations may still be required depending on the nature, extent or location of the proposed development.

Consultations must be carried out in a manner that provides genuine opportunities for members of the public to engage with applicants. For example, the timing and location of events should be considerate of the lifestyles and commitments of all members of the local community.

Applicants must be mindful of the need to ensure equality of opportunity in the ways in which they consult and engage with stakeholders, and consider how they will reach relevant groups and communities in an appropriate way. More advice on promoting equality, including helpful guidance on methods of consultation, can be found in our Equality Scheme and specifically chapter three: ‘Our arrangements for consulting’ available at: www.belfastcity.gov.uk/equality

Further advice on community consultation can also be found in DOE Practice Note 10 available at www.planningni.gov.uk/advice

Outcome

The consultation should be a meaningful engagement with local communities and those who can represent the community’s views, and should offer the opportunity to dispel any misunderstandings around the projects and address local objection early in the process.

The applicant must submit a pre-application consultation report with the planning application, detailing the consultation undertaken and any changes made to the proposal as a result.

Pre-application consultation report

The purpose of the pre-application consultation report is to confirm that pre-application consultation has taken place in line with statutory minimum requirements and in line with any further requirements set by the planning authority in their response to the Proposal of Application Notice.

The report should:

• set out what steps were taken to comply with the statutory requirements and those of the planning authority. This should include copies of advertisements of the public event(s) and specify who has been consulted and what methods have been used.

It is advisable that the report also includes:

• reference to, and examples of, material made available at such events; response from those consulted and the applicants consideration of those responses. The report should also set out to what extent, the proposals may have changed as a result of pre-application consultation.

The report must be made in writing and accompany the planning application when submitted and the planning authority is required to include it on part 1 of the planning register along with the application, plans and drawings.

Further information

If you require more information or help, contact:

Belfast Planning Service
Belfast City Council
The Cecil Ward Building
4-10 Linenhall Street
Belfast
BT2 8BP

Call: 028 9050 0510
Email: [email protected]

Pre-Application process

Major application definition checklist

Proposal of Application Notice application form

• View the Proposal of Application Notice online application form (link opens in new window)

Example public event advertising template

PUBLIC EVENT ADVERTSING TEMPLATE
(responsibility of the prospective applicant)
Planning Act (Northern Ireland )2011 and The Planning (Development Management) Regulations (Northern Ireland) 2015 (Regulation 5 (2)(b))

Pre-application public event

Proposal: ..........................................................................................................................................................
Location ............................................................................................................................................................
a (type of event; public meeting, exhibition etc) .................................................................................................
will take place on (date) ...................................................... at (time) ...............................................................
at (venue) ..............................................................................................................................................................

Further information relating to these proposals may be obtained from:
.......................................................................................................................................................
If you wish to make comments on the proposals you may do so at the above event and/or in writing to
............................................................................................................................................................
and no later than...............................................................................................................................................

This notice does not relate to a planning application, Comments should not be made to Belfast City Council. Any comments made to the prospective applicant are not representations to the planning authority. If a planning application is subsequently submitted to Belfast City Council, normal neighbour notification and publicity will be undertaken at that time and you will have the opportunity to make formal representation regarding the proposal at that time.

Notes

This advert must be placed in a local newspaper at least seven days prior to the date of the event.