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After you apply for planning permission

Find out how your planning application is processed, how residents are consulted on your plans and what to do if it is turned down.

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Processing your application and communication methods

Communication

To help us focus on processing applications as quickly as possible we ask that you only contact us if necessary or when we’ve requested information from you. If you want to enquire about progress on a current application you’ve submitted to us the best way is to check on Public Access. If you contact the office by phone or email you will be able to leave a message for an officer and they will respond in a timely manner.

Processing your application

Wherever possible we will determine applications as quickly as we can without contacting you. This will include applications which can be approved without amendment.

Where we would like to discuss an amendment to your application we will contact you. Please refer to our guidance on making amendments to your application for the circumstances in which we will request and accept amendments. Where an application is not acceptable and cannot be made acceptable with amendments that meet the set circumstances we will not request or accept amendments. In these cases we will determine the application as submitted.

Where your proposal is complex and likely to require significant amendments we can offer a Planning Performance Agreement which will enable us to agree a bespoke timetable for determination with you to allow for these amendments to be made.

For all cases we recommend using our pre-application enquiry service prior to submitting an application so we can identify issues and help you improve the chances of success of your application.

Making amendments to your application

Amending your planning application

Amendments to planning applications will be accepted where they meet the criteria specified below, and are received in sufficient time so as not to delay a decision beyond the statutory target date. Acceptance of amendments is at the discretion of the Planning Officer, based on their assessment of the proposal and the decision-making timescales.

What amendments we accept

We will request and accept simple amendments where a scheme is unacceptable as submitted, but can be made acceptable subject to very minor amendments.

We will not accept amendments where the scheme is unacceptable and:

  • making it acceptable would require a large amount of additional information
  • making it acceptable would need further amendments that may require further consultation
  • the amount of change required would result in a very different proposal
  • the principle of development cannot be supported
  • no initial planning advice has been sought.

You may wish to check in principle whether the amendment will be acceptable before incurring the expense of preparing amended plans.

Where your proposal is complex and likely to require amendments that go beyond the criteria set out above we can offer a Planning Performance Agreement which will enable us to agree a bespoke timetable for determination with you. This will allow us to accept a wider range of amendments and carry out re-consultations where required.

Publicising your application

Once submitted, your application will be given an application number which can be disclosed to you, your agent or third parties.

Once validated, your planning application and associated documents are published on the council's website, Public Access. A site notice will also be erected at the site address informing residents of your proposal.

We will always consult the relevant parish or town council, and dependant on the type of application (for example, where new connections to drainage are required) we will also consult relevant statutory bodies such as the Environment Agency and Yorkshire Water.

In some cases, such as in a conservation area, we are also required to publish a press notice. We have to give a minimum of 21 days to receive responses from the public. We publish the responses once received so you can read these and respond if considered necessary. These responses are published on the public access website.

View your planning application on the Public Access Website

How we make a decision

To decide whether a planning application will be approved, we will look at:

  • the number, size, layout, siting and external appearance of buildings
  • the infrastructure available, eg roads and water supply
  • any landscaping needs
  • what you want to use the development for
  • how your development would affect the surrounding area, eg if it would create lots more traffic

We consult with the public

Once validated, your application will be the subject of consultation and publicity. We have to give a minimum of 21 days for consultation responses. We publish the responses once received and checked for inappropriate content, so you can read these and respond if considered necessary.

We visit the application location

The case officer will visit the application site, and consider the proposal against national and local planning policies. A report is prepared which considers all relevant planning matters, including any consultation responses.

We consider the proposal against planning policies as follows:

Local policy

Decisions on planning applications should be taken in accordance with the development plan unless there are material considerations that indicate otherwise.

The Development Plan consists of the East Riding Local Plan.

Neighbourhood Plans that have been approved by the local community at a referendum will become part of the Development Plan.

National policy

Read more about planning practice guidance on the GOV.UK website.

Up-to-date government planning policy is set out in the 'National Planning Policy Framework', and must be taken into account where it is relevant to a planning application. Further guidance on planning legislation is provided by the 'Planning Practice Guidance'.

Supplementary planning guidance

The council has prepared a number of Supplementary Planning Documents (SPDs) to expand or add details to the policies in the Development Plan. These deal with specific topics such as affordable housing and the provision of open space; or provide detailed guidance for major areas allocated for development. Read more about Supplementary Planning Documents.

East Riding Design Code

The East Riding Design Code is a Supplementary Planning Document (SPD) supporting policies in the East Riding Local Plan.

All planning applications with a design element are expected to follow the relevant parts of the design code or justify why the code has not been complied with. Submitting a Design Code Compliance Checklist is a validation requirement for planning applications.

It is relevant to all new developments, for all uses, including extensions to existing buildings and land.

Who makes the decision

Either a planning officer or the planning committee will then make a decision about your application. Read more about this in the question below.

More information

Read more about this process on the Planning Portal website.

Who makes the decision

Applications are determined in one of two ways:

  • through the officer delegation procedure (whereby applications are determined by officers without reference to a committee), or;
  • by submission to the relevant planning committee

The majority (94%) of applications are determined through the officer delegation procedure.

Applications that are to be determined at committee will go to one of three committees:

All persons who commented on an application together with the agent and applicant (if an agent has not been employed) will be notified of their right to speak at a planning committee by letter. The letter will communicate how the right to speak can be triggered and the date, time and location of the committee meeting that the application will be submitted to.

Timescales

Most application types have a determination period of 8 weeks. Major applications (such as proposals for more than 10 houses or more than 1000sqm of floor space) have a determination period of 13 weeks. Major applications with an EIA (Environmental Impact Assessment) submission can take 16 weeks.

We can agree extensions of time to allow a longer period for determination in specific circumstances.

Please refer to our guidance on making amendments to planning applications for when amendments may be accepted – these will normally have to be achievable within the relevant 8/13/16 week period without an extension of time. Extension of time generally be accepted where we have agreed a bespoke timetable through a Planning Performance Agreement, or where there are exceptional circumstances that have been agreed by your Planning Officer.

Decided applications

Once we have decided on (determined) your application (ie made a decision as to whether it can go ahead), we will send you (or your agent) a 'decision notice' by:

  • email (if you have applied online or supplied an email address), or
  • by post.

You, and members of the public, can also see the decision notice on the council's planning website, Public Access.

If your application is approved, please be aware that Yorkshire Water require any new development to be officially named and numbered before they will visit the site. You can complete a street naming and numbering application online.

Complying with planning conditions

It is important to check if any planning conditions require details to be agreed by the Local Planning Authority. Conditions may require details to be agreed prior to any development commencing, prior to the approved development coming into use, or may have another trigger. If this is the case you will need to complete an application for approval of the details required by the condition(s).

Apply online

Apply to discharge your planning conditions on the Planning Portal website

After you have filled in your address details, the form you will need to select from the dropdown menu is 'Approval of details reserved by condition'.

Please note: there is a fee for this service which will depend on the type of application you have submitted. This can be paid online and will be determined when you submit your application.

How we determine applications

We determine applications made for the approval of details required by condition in the same way as planning applications, and you should therefore refer to our advice on processing applications and making amendments to your application.

We may not be able to accept additional or revised information during the application process, so it is important that your application includes all the information required by the condition(s).

If you need advice on technical details required by any condition(s) we encourage use of our specialist advice service, which can help ensure that the details submitted meet the requirements of the condition(s) and increase the likelihood of success.

Appealing a decision

You can make an appeal online. Appeals can take several months to be decided.

Read more about making an appeal on the GOV.UK website.

Appeal legal obligation

The Planning Inspectorate (PINS) has recently announced that it is making changing changes to the validation process for Written Representation Planning Appeal (this does not relate to Public Enquiries or Informal Hearings). Where a development is subject to a legal agreement, whether this be a Section 106 agreement (S106) or a Unilateral Undertaking (UU), PINS will now only consider the submission with a completed agreement.

Both S106 agreements and UU’s require work by the Local Planning Authority. In the case of a S106 agreement, we would prepare this document in collaboration with an applicant’s representative and they would need to sign this document.

A UU is where an applicant provides a legally binding document that commits them to specific requirements. An LPA is not a party to this agreement, but we need to check this to ensure the document is legally-binding and correct for the purposes of a planning assessment.

In both instances, this requires work from both the case officer and the council’s legal officers and therefore results in a cost to the LPA. In the past, we have dealt with this on an ad-hoc basis, with no procedure. This has also been conducted informally outside of the appeal process and has resulted in a lot of officer time spent with no fee secured as part of this. As a consequence, there has been a cost to the LPA.

To address this issue, we have now introduced a new process. From 1 November 2024, if an applicant is looking to submit a Planning Appeal, which requires a legal agreement, a Legal Obligation PREP will need to be submitted with a fee of £500 payable on submission.

Pre-application planning advice

Check if building regulations apply before you start!

Most building work is subject to the building regulations whereby building control approval will need to be obtained. The council's Building Control Service provides an independent check that building regulations have been complied with.

Read more about building regulations and how we can help.

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