Statement of Community Involvement

Introduction

Consultation Principles

Consultation Principles

Consultation on Planning Applications

Appendix One: Local Plan Consultation requirements

Appendix Two: Supplementary Planning Documents

Appendix Three: Neighbourhood Planning

1. Introduction

What is the Statement of Community Involvement (SCI)

1.1 The Statement of Community Involvement (SCI) has been written to inform residents and businesses how they can engage in the plan-making process of developing and deciding planning policy and the planning process in terms of the management of new development in the District.

1.2 The planning system affects everybody who lives, works in or visits the district. It balances competing land uses and sets out the vision for how communities will be enhanced. Local people and businesses can contribute to this process through engaging in the planning process and thus help to shape their local area.

1.3 It is a statutory requirement that the local planning authority keeps local communities and key stakeholders informed about plan making, planning applications and other planning matters including how the Council will support groups undertaking neighbourhood planning.

2. Consultation Principles

2.1 The key aims of the SCI are:

• To offer the widest range of opportunities to stakeholders and the community to participate in the plan making process within the resources available.
• To comply with, and where appropriate, exceed the minimum legal requirements for stakeholder and community consultation in the planning process.

2.2 Therefore, the following principles will apply to all planning consultations:

• Information will be presented in a clear and concise format using plain English and avoiding the use of technical jargon where possible.
• Consultations will have a purpose and will be informative. Those being consulted will be given enough information to ensure that they understand issues and can give informed responses within reason.
• The opinions of stakeholders, community groups and individuals will be valued. Where possible, changes will be made to reflect comments received, and where this is not possible, the reasons will be clearly explained where appropriate.
• Consultation techniques which are appropriate to the subject matter and the particular consultees involved will be used.
• The value of diversity will be recognised with equal and fair treatment of all of those involved in the consultation process.

2.3 The statement sets out:

• How people will have the chance to contribute their ideas, and the process for considering and responding to these views.
• How people will get the chance to participate in developing proposals and options.
• How people can submit representations on formal planning proposals.
• How the District Council will seek to provide feedback to keep the community informed on progress and outcomes.

How does the Planning System Work?

2.4 There are two main parts to the planning system, Planning Policy and Development Management:

1. Planning Policy is concerned with producing the local planning documents and policies that will guide development in the district. These documents must conform to relevant Government policies and guidance and there are specific regulatory procedures which have to be followed during their preparation. The Local Plan includes strategic and site-specific policies relating to issues such as housing, employment and other land allocations and outlines where new development is expected to take place.
2. Development Management is responsible for processing and determining planning applications, together with works to trees, advertisements and listed buildings. The team also provides pre-application advice. The Planning Enforcement team investigates planning breaches and takes appropriate action when required.

Why are we refreshing the Statement of Community Involvement?

2.5 The preparation of a SCI is a legal requirement of the Planning and Compulsory Purchase Act 2004 (section 18) as amended by the Planning Act 2008, the Localism Act 2011 and the Neighbourhood Planning Act 2017. This legislation requires the Council to prepare a statement for how it will involve those with an interest in development in the area.

2.6 The Council recognises that there have been significant changes in the ways that the local community interacts with the District Council. Access to the internet has increased. This SCI will use online engagement as the primary method, including websites, online questionnaires, social media and email alerts. The Council’s website will be regularly updated with information about the Local Plan when a review is being undertaken or other planning documents are being produced. All planning consultations will be advertised on its website with documents available to view on dedicated pages. Where appropriate, social media will be used to promote consultations with information posted on Facebook, X (formerly Twitter) and other social media platforms.

Monitoring and Review

2.7 The SCI will be kept under review and community engagement in planning will be monitored through the production of the District Council's Authority Monitoring Report (AMR). A review of the SCI would only be considered necessary following significant changes in the legislation governing the production of planning policy, the determining of planning applications or community involvement in planning, or where the AMR identifies consistently low or declining levels of public participation in planning.

2.8 Should a review of the SCI become necessary, the District Council will consult on a draft and take those comments into consideration when finalising the SCI. The SCI will need to be adopted at a meeting of Council in accordance with the District Council's constitution.

3. Consultation Principles

3.1 The key aims of the SCI are:

• To offer the widest range of opportunities to stakeholders and the community to participate in the plan making process within the resources available.
• To comply with, and where appropriate, exceed the minimum legal requirements for stakeholder and community consultation in the planning process.

3.2 Therefore, the following principles will apply to all planning consultations:

• Information will be presented in a clear and concise format using plain English and avoiding the use of technical jargon where possible.
• Consultations will have a purpose and will be informative. Those being consulted will be given enough information to ensure that they understand issues and can give informed responses where possible.
• The opinions of stakeholders, community groups and individuals will be valued. Where possible, changes will be made to reflect comments received, and where this is not possible, the reasons will be clearly explained.
• Consultation techniques which are appropriate to the subject matter and those involved will be used.
• The value of diversity will be recognised with equal and fair treatment of all of those involved in the consultation process.
• The District Council will make every reasonable effort to ensure it engages with those groups not traditionally involved with the planning process including through representative groups or bodies.
• The public will always be involved at an early stage in the Local Plan process.
• Consultation responses will be analysed, and the outcomes reported in a clear, understandable way within a reasonable timeframe.
• Individual responses will not be sent to members of the public who submit responses to consultations.
• It may not always be possible or appropriate to decide the matter in accordance with comments received. Sometimes there may be other material considerations to adhere to such as national or local policies and legislation.
• Responses that use racist, sexist, homophobic or other offensive language or terminology will not be accepted.

Communication Methods that will be used by WFDC during consultation

3.3 Different ways of communication will suit different people and circumstances. With the use of good communication, everyone can find the information they need and will know how to get involved if they choose to. The Council is committed to moving towards more online forms of engagement whilst ensuring that everyone, including the digitally excluded, have an opportunity to get involved where appropriate.

3.4 The following table lists some pro-active approaches, as well as the more generic methods such as social media and press, utilising links with groups and organisations used by the council.

Statutory Consultees

3.5 Section 110 of the Localism Act 2011 introduced the Duty to Co-operate. This is a legal requirement for local planning authorities, National Park authorities, county councils and a number of other public organisations such as infrastructure providers, to work together and consider joint approaches to plan-making. Wyre Forest District Council will continue to work closely with neighbouring authorities and key stakeholders to deliver positive planning within the area and fulfil the requirements of the Duty to Co-operate.

3.6 There are certain organisations and bodies that the Council must ask for their opinion when preparing plan documents and / or deciding on applications. These are:

• Central, Regional and Local Government organisations
• Bodies such as utility companies
• Community, voluntary, resident and interested groups
• Individuals who have requested to be kept informed on planning policy matters
• Parish/Town Councils
• Local businesses, developers and agents
• Neighbouring authorities and relevant internal council departments

3.7 The groups and organisations will change over time and the planning consultation contact list will be checked regularly to keep an up-to-date list of groups, organisations and individuals to contact.

The Role of Elected Councillors

3.8 Elected Councillors play a key role in the planning process. Their role in planning policy includes approving development plans for consultation and their subsequent submission for Examination in Public. There are a number of committees with different powers to scrutinise plans and make decisions. In some circumstances, special panels may also be established.

3.9 Any document which forms part of the Local Plan must be approved by Council before it is submitted for Examination in Public or adopted.

3.10 Elected Members also play a key role in the development management process. The District Council's Planning Committee determines many planning applications, with some smaller applications being determined by officers under delegated powers in accordance with the Adopted Scheme of Delegation.

The Wyre Forest District Local Plan

3.11 The Wyre Forest District Council Local Plan is the principal statutory development plan and forms the basis for planning decision making for the district.

3.12 The Town and Country Planning (Local Planning) (England) Regulations 2012 is the main piece of legislation that provides the minimum standards for local authorities when consulting on the local plan and supplementary planning documents.

3.13 The steps below states the process that WFDC will go through when consulting on the Local Plan.

1. Regulation 18: Issues and Options
2. Regulation 19 to 20: Pre-submission
3. Regulation 24 to 25: Independent Examination
4. Regulation 26: Adoption and publication of Local Plan

3.14 A detailed breakdown of the consultation process is in Appendix 1 of this document but in brief, the following consultation opportunities are detailed below.

3.15 Regulation 18: First consultation, or series of consultations (Minimum 6 weeks each) – develop/ add to the evidence base and may include the preparation of several options. Consultees will be invited to give their feedback and the preferred options identified. It may be that developers or individuals give new options not previously known about. In this case, another consultation on these options will take place.

3.16 Regulation 19 to 20: Draft document consultation (Minimum 6 weeks) – Consultees will be asked to give their feedback. Subject to there not being significant changes following the previous stage, the final document goes to the Secretary of State.

3.17 Regulation 24 to 25: The final document (known as the submission plan) is examined by an Independent Planning Inspector. There may be modifications suggested by the Inspector at this stage. These will be published and subject to public consultation. The Inspector will issue a report including any changes that must be made to the document.

3.18 Regulation 26: Adoption and publication of the final document.

Supplementary Planning Documents

3.19 Supplementary planning documents (SPDs) can provide additional policy guidance on specific issues such as design, or specific sites allocated for development within the local plan. They do not have statutory status and cannot set new policy. Therefore, SPDs have fewer stages in their preparation than the local plan and they are not subject to an Examination in Public. This means they can be prepared more quickly. Despite this, community consultation is an important part of the process of preparing SPDs.

3.20 As with the Local Plan, the main legislation governing the consulting on SPD’s are the Town and Country Planning (Local Planning) (England) Regulations 2012. The diagram below sets out the key stages:

3.21 Further details of the consultation process for the SPD consultation process can be found in Appendix 2.

Neighbourhood Plans

3.22 The role of Neighbourhood Plans in Planning was introduced by the Localism Act (2011) and has since been strengthened by the Neighbourhood Planning (General) Regulations (2012), the Housing and Planning Act (2016) and the Neighbourhood Planning Act 2017.

3.23 Neighbourhood Plans, once adopted, are statutory plans that carry equal weight to any Local Plan. It is a way for local communities to decide the future of the places where they live and work by having more of a say in where new homes, businesses, shops and community facilities should be located in their local area, along with being able to allocate sites for development. However, these plans must be in general conformity with the strategic policies in the WFDC Local Plan and have regard to national policy.

3.24 Unlike the Local Plan, Neighbourhood Plans are produced by local communities themselves with the support of WFDC. The Council will guide the communities through the process ensuring that all legislative requirements are met.

3.25 Details of the different consultation stages are in Appendix 3.

3.26 Current ‘made’ Neighbourhood Plans:

• Chaddesley Corbett Review Neighbourhood Plan 2022 - 2036.  
• Churchill and Blakedown Neighbourhood Plan 2016 to 2026. 

4. Consultation on Planning Applications

4.1 The District Council sits within a two-tier administrative system with Worcestershire County Council overseeing a much larger area. The County Council is responsible for determining applications in relation to the working of minerals (together with the processing of minerals and other related activities), infrastructure projects and the deposit of waste materials (including treatment, storage, processing and other related activities). However, Wyre Forest District Council is responsible for all other development control functions within the District.

4.2 The District Council deals with a number of different types of planning applications, the three main types which are covered by the SCI being:

• Outline - to establish the principle of development. Outline applications can only be made for the erection of buildings and are usually used for larger sites and developments.
• Full - all details need to be submitted when the application is made.
• Reserved Matters - following an outline planning approval, reserved matters applications finalise the details of the development and relate to matters including design, access and layout.

4.3 WFDC has a scheme of delegation, which states which applications are determined by the Planning Manager and which will be determined by Planning Committee. The scheme of delegation is on the WFDC website at: Constitution section 4 (wyreforestdc.gov.uk)

Pre-Application Discussions and Early Community Involvement

4.4 The District Council encourages developers to enter into early dialogue with the WFDC planning team and external statutory consultees. These include:

• Worcestershire Regulatory Services
• Worcestershire County Council
• North Worcestershire Water Management
• Environment Agency
• West Mercia Police
• Hereford and Worcester Fire and Rescue Service
• Canal & River Trust
• Historic England

4.5 Pre-application discussions are confidential between the District Council and the applicant. Pre-application discussions have the following benefits:

• They help to achieve better quality applications with more chance of a successful outcome;
• They help to identify at an early stage whether specialist input is required;
• They ensure all the necessary drawings and information are provided to enable the application to be registered as valid; and
• They highlight any key considerations at the beginning of the process, including whether there are any major issues with the proposal or what contributions may be required to make the proposal acceptable in policy terms.
• Where it is indicated that a proposal is completely unacceptable, this could save considerable costs in pursuing a formal application.

4.6 At the pre-application stage, planning officers can advise applicants as to whether or not their proposal may be sensitive and therefore require a more detailed level of community involvement.

4.7 Applicants will always be encouraged to consider the benefits of involving the community in developing their proposals whether it is legally required or not. The following methodologies could be adopted to involve the community:

• Public exhibitions or meetings
• Publish Development Briefs
• Use of websites and online tools such as Teams/Zoom meetings
• Questionnaires and surveys
• Site notices

4.8 Applicants for large developments should discuss community involvement with officers and agree the approach to public consultation. However, in order for the District Council to maintain its impartiality when determining planning applications, it will be the responsibility of the applicant to take the lead role in community engagement and to cover any costs resulting from the process. The District Council will expect applicants to provide evidence of pre-application consultation in accordance with the requirements of The Localism Act 2011. Such evidence should be set out within a consultation statement outlining what consultation has been carried out and how the results of the exercise have been incorporated into the submitted proposals. Inadequate pre-application consultation may lead to delays in processing applications as new issues emerge late in the process.

Community Involvement in Planning Application Decisions

4.9 Statutory consultation requirements for planning applications are set out in the Town and Country Planning (Development Management Procedure) (England) Order 2015.

4.10 The District Council has a number of procedures currently in place to involve the community in planning application decisions and these are (depending on the application type):

• Publishing the application details on the Council’s Planning Portal and how to comment
• Letter to the owner/occupiers of properties adjoining the application site advising of application and the period in which to submit comments, and/or
• Publishing a notice in the local press (Kidderminster Shuttle) for certain types of development
• Weekly list of planning applications (circulated to specific consultees and available on the Council’s website)
• Consultation with statutory and non-statutory bodies (e.g. parish councils)
• Following existing protocols with particular organisations (e.g. Environment Agency, Highways Authority)

4.11 The Planning Service is committed to both informing and engaging with the wider community and individuals in relation to planning proposals. However, there needs to be a balance between making decisions in a timely and efficient way and providing the community with a reasonable opportunity to comment. Consultation involves not only the public but also statutory and non-statutory consultees. The scope of consultees will vary depending on the nature of the proposal, application type and location so not all bodies are consulted on every application. Statutory consultees are defined in The Town and Country Planning (Development Management Procedure) Order 2015.

4.12 Consultees to applications will have a minimum of 21 days to respond to a consultation letter and all responses should be submitted online via the Council's website. If a consultee requires an extension of time to respond then they should write or email the case officer to ask for an agreement to extend the consultee expiry date, otherwise the local planning authority has the right to determine the application after the expiry of the consultation period.

4.13 Comments can be submitted on any planning application within 21 days of it being registered or the date as specified in the consultation letter. Comments can be submitted online, by e-mail or in writing to the Development Management Team. You must supply your name and address for your comments to be considered.

4.14 Any public comments which contain defamatory remarks will be removed from public view on the Council's website, but will be made available upon written, email or FOI/SAR request.

4.15 No copycats or persistent repetitive comments will be accepted either by phone, writing or email prior to the application being determined and post planning committee/decision. If this occurs then the Council will consider taking appropriate action in accordance with the Council's vexatious complaints policy (Unreasonably persistent or vexatious complaints policy | Wyre Forest District Council (wyreforestdc.gov.uk)).

Consultation with adjoining properties

4.16 When an application is received, we aim to ensure the application is validated and all consultations are sent out within the first 10 days from when the date of when the application is received. This will include writing to the adjoining properties to the proposal or displaying a site notice at or near to the application site.

4.17 If required by The Town and Country Planning (Development Management Procedure) Order 2015, a notice about the application will be published in the Kidderminster Shuttle.

Re-consultation

4.18 All comments received in response to consultations carried out on applications will be carefully considered and taken into account in the assessment of applications. Officers will consider the need for potential amendments to schemes where they have been suggested. If significant material changes are made to applications, re-consultation on the application will be carried out to all original consultees. Contributors who were not originally consulted on the application will not be re-consulted. If no significant material changes are made then no consultation will be undertaken.

Public Speaking at Planning Committee

4.19 Through the Town and Country Planning (Development Management Procedure) (England) Order 2015, Local Planning Authorities have a duty to publicise certain applications. Local Planning Authorities have a duty to consider any representation made as part of the process of determining applications. Although Article 6 of the Human Rights Act secures individuals the right to a fair and public hearing, there is no statutory requirement to allow third parties, other consultees or applicants to address Members of the Planning Committee as part of the process of determining planning applications. Wyre Forest District Council, however, recognises that it is as a mark of good practice to allow such public speaking at committee.

4.20 The procedure for public speaking at WFDC is set out in detail the development practice note Public Speaking at Planning Committee. However, in summary:

The Right to Speak at Planning Committee

Open to:

• • Third party objectors to the development
  • Third party supporters of the development proposed
  • In the absence of any speakers in support of the development, and only where there is a speaker opposing the development, the applicant or his chosen representative

Not Open to

• • Applicants or their representatives unless as a ‘right of reply’
  • Statutory consultees (although these may from time to time be invited to address committee by the chairman)

4.21 Due to the time constraints of committee meetings and to ensure that the balance is not unfairly tilted, the first person to register to speak against an application will have a slot. If another objector requests to speak, it will be refused and recommended that they liaise with the registered speaker.

4.22 Any person wishing to speak on an application must:

• notify the case officer dealing with the application in writing of your desire to speak, within 21 days of the date of the adjoining properties notification letter or press/site notice; and
• register your wish to speak with Committee Services by telephoning 01562 732763 within the same 21 day time limit; and
• submit your formal written objections in full to the case officer within the same 21 day time limit. Any additional or amended objections can be submitted beyond the initial 21 day period.

4.23 If you have registered to speak, you will be advised in writing by Committee Services whether you have the right to speak prior to the relevant committee meeting. If you wish to telephone to check please do not do so until a week before the committee meeting.

Member Involvement

4.24 Local Councillors will be encouraged to participate in the planning process at pre-application stage by attending public meetings and exhibitions in line with the Member's Code of Good Practice. However, Councillors should keep an open mind and not give an opinion at this stage as pre-determination of a planning application may prejudice their position in any future decision making on that matter at Planning Committee.

Appeals

4.25 When a planning application is refused, or not determined by the authority within the statutory period, the applicant may appeal to the Secretary of State via the Planning Inspectorate. There are broadly three different appeal types; written representations, hearings and public enquiries. The local planning authority will carry out the following public notifications;

• All of those people who were consulted on the original application and those who commented on the application will be re-notified.
• If the appeal is to be heard by informal hearing or public inquiry, all of those people who were consulted on the original application will be re-notified, with information about the date, time and venue of the hearing. If it is a significant hearing/inquiry a site notice detailing the date, time and location of the hearing/inquiry will be posted on or near the site.
• If the appeal is for a householder (fast track) application, all of those people who were consulted on the original will be notified.

4.26 In all instances any comments received on the original application will be forwarded to the Planning Inspectorate. Additional written representations can be made in all instances except where the appeal route is the householder fast-track option, which does not allow for additional representations to be made. Third parties can speak at appeal hearings and enquiries, however this is at the discretion of the Inspector in the case of hearings and is subject to the rules for Public Enquiries for such appeals.

Appendix One: Local Plan Consultation requirements

The Town and Country Planning (Local Planning) (England) Regulations 2012

Appendix Two: Supplementary Planning Documents

Country Planning (Local Planning) (England) Regulations 2012.

Appendix Three: Neighbourhood Planning