Calling-In Planning ApplicationsAsking the National Assembly to decide Planning Applications
An Explanatory Guide
Your local planning authority is responsible for deciding planning applications in your area. However, did you know the National Assembly for Wales can consider “calling in” a planning application? If an application is called in this means that the application will be decided by the Assembly rather than by the local planning authority.
The Assembly Government has a clear policy about who should decide planning applications. Local planning authorities are elected to have responsibility for their areas, and should make decisions about planning proposals wherever possible, but the Assembly will consider calling in a planning application if it is asked to do so. In practice the Assembly rarely calls in planning applications. If an application is called in the call-in decision will always be taken by an Assembly Government Minister, usually the Minister for Environment, Planning & Countryside. A called -in application will be decided by a Planning Decision Committee of the Assembly, usually after an inquiry or a hearing.
Who can ask the Assembly to call-in an application?
Anyone – You can ask if you wish, or your organisation, your Member of Parliament, Assembly Member, local Councillor – anyone at all. The request must be made in writing and should include the reasons why you consider the application should be called in.
When can a call-in request be made?
A request can be made at any time before the local planning authority issues its decision letter. However, the later the request the less time there is for the Assembly to consider it.
How does the Assembly decide whether an application should be called in or not?
The Assembly will ONLY call in an application if the proposed development appears to raise issues of more than local importance. All development proposals are different and so there is no hard and fast rule about what is an issue of more than local importance. There are six examples of issues which could cause the Minister for Environment, Planning and Countryside to call in an application rather than letting the local planning authority decide it.
The six examples are:
- If the proposal conflicts with national planning policies. The publication ‘Planning Policy Wales’ sets out what the national planning policies for this country are.
- If the proposal could have wide effects beyond the immediate locality.
- If the proposal may give rise to substantial controversy beyond the Immediate locality.
- If the proposal is likely to significantly affect sites of scientific, nature conservation or historic interest, or areas of landscape importance.
- If the proposal raises issues of national security.
- If the proposal raises novel planning issues.
How will the Assembly consider a call-in request?
The Assembly considers whether or not the issues associated with the application would make it more appropriate for it to be decided by the Assembly. The Assembly will not consider the detailed planning merits of an application.
If an application is called in - or even if it is not – this does not imply or infer any view from the Assembly about the merits of the proposal.
Will the Assembly call in an application because of concerns about the way the local authority has been handling it?
NO. If a person has concerns about any actions or inaction’s of the authority, these must be dealt with through the authority’s Monitoring Officer or through the Local Government Ombudsman. Details of how to contact the L.G.O. can be found at www.ombudsman-wales.org or tel 01656 661325
How quickly will the Assembly deal with a call-in request?
As quickly as possible but the decision about whether or not to call-in may depend on, for example, when information relevant to the call-in request is available to the Assembly.
If a call-in request is made very late, it may not be possible to deal with it before the authority decides the application.
What happens if a call-in request is turned down?
The planning authority is free to continue to decide the application in the normal way.
What happens if a request results in the application being called in?
The application is passed to the Assembly for determination. The authority will no longer deal with any aspect of that application. The procedural aspects of the application will be handled by the Planning Inspectorate. The Inspectorate will decide how the application will proceed, for instance, whether by way of a hearing or a public inquiry or by written representations.
Whichever method is used, a Planning Inspector will prepare a report which will go to a Planning Decision Committee (PDC) of the Assembly for the committee to consider.
The PDC will be made up of up to 4 Assembly Members from the Environment, Planning and Countryside Committee who will take the decision on the application.
Is there a right of appeal against a decision to call in an application?
No. There is no statutory right of appeal against a decision to call in an application or not. It is open to an individual to apply for judicial review if they think an application should or should not have been called in but this is limited to legal or procedural aspects of the decision only.
How can someone follow progress about a call-in request?
The progress of every call-in request from start to finish is recorded on www.wales.gov.uk This site is bilingual and is updated weekly.
If you have any questions about this leaflet you can e-mail or phone any member of the Assembly team that deals with call-in requests. They are located in the Assembly’s Planning Division and are:
- John Saunders (Ext: 3878)
- Vicky Wallis (Ext: 3730)
- Clive Ancrum: (Ext: 5181)
- Robert Evans: (Ext: 5358)
To e-mail any of these officers use:
[first name].[surname]@wales.gsi.gov.uk
e.g. john.saunders@wales.gsi.gov.uk
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