- Date released
- 3 July 2023
- Request number
- 202306014
- Release of information under
- Freedom of Information Act 2000 (FOIA)
Information requested
I am writing to make an open government request for all the information to which I am entitled under the Freedom of Information Act 2000.
1. Further to the ONR's letter dated 24 April 2020, addressed to: Head of Local Authority Planning Team, ONR's Reference: 2020/111036 Unique Number: ONR-EPR-20-040, Subject heading: Changes to ONR Land Use Planning consultation zones. Whereby the ONR "request local planning authorities to notify us of any application for planning permission within our consultation zones that meets our consultation criteria." The document further specifies those sites which the ONR wish to be consulted on.
In reference to ONR's correspondence dated 24 April 2020 (point 1 above) whereby the ONR request local planning authorities to notify us (the ONR) of any application for planning permission, can you please provide evidence indicating if the ONR was requested / or received correspondence asking them (the ONR) to define their interpretation or meaning of 'any application for planning permission'.
There are multiple types of planning permissions being associated with planning applications. When is permission required? - GOV.UK (www.gov.uk). There exist scenarios where more than one planning permission is associated with the same development/site, ie an Outline Planning Application having been determined as approved (granted) , ie permitted, necessitates the submission of a 'further application for planning permission' usually in the form of a Planning Application for Reserved Matters.
Would the ONR expect to be consulted on 'any application for planning permission' when there exists multiple 'planning applications' associated with the same development/site? Furthermore, would the ONR seek to respond to all subsequent planning applications associated with the same development/site?
I would like the above information to be provided to me via email.
Information released
We confirm that under s.1 of the FOIA, we hold some of the information relevant to your request. Please see below for further information.
In our letter dated 24 April 2020 regarding changes to ONR Land Use Planning consultation zones, it contained the following text:
‘ONR’s current Land Use Planning policy, procedure and consultation criteria are published online at www.onr.org.uk/land-use-planning.htm and will be revised prior to the changes being implemented.’
At the time the letter was sent until 21 April 2021, the ONR Land Use Planning website contained the following text:
‘ONR requests that the Planning Inspectorate and local planning authorities notify it of any application for planning permission that meets the consultation criteria set out in the table below. Applications for planning permission include applications made under section 73 of the Town and Country Planning Act 1990 (Determination of applications to develop land without compliance with conditions previously attached). ONR also asks to be consulted on any reserved matters application for development that meets the consultation criteria, which was not previously notified at outline matters stage.’
We did not receive any request or correspondence from any local authority in response to our letter of the 24 April 2020 where the local authority asked us to define our interpretation or meaning of “any application for planning permission”.
We sent a further letter to all Local Authorities (dated 20 April 2021 attached) that set out changes to our land use planning arrangements. As part of these new arrangements, the ONR Land Use Planning website was updated on the 21 April 2021. From the 21 April 2021 and at the time of writing, the ONR Land Use Planning website contained the following text:
‘Note that applications for planning permission include but are not limited to:
- applications for planning permission, made to local planning authorities.
- applications made under section 73 of the Town and Country Planning Act 1990 (Determination of applications to develop land without compliance with conditions previously attached).
- applications for approval of reserved matters.
- applications for hazardous substances consent.
- applications for Development Consent Orders for Nationally Significant Infrastructure Projects.’
We did not receive any request or correspondence from any local authority in response to our letter of the 20 April 2021 where the local authority asked us to define our interpretation or meaning of “any application for planning permission”.
It is our expectation that we are consulted on all planning applications in our consultation zones that meet our consultation criteria that are a type described on our website.
Please note that information relating to individuals has been redacted from the enclosed document as it constitutes personal data. The release of this type of information could identify an individual either directly or indirectly, and as such, any personal data that could identify another individual has been withheld under the remit of exemption s.40(2) of the FOIA.
Exemptions applied
s.40
PIT (Public Interest Test) if applicable
N/A