The planning process 

These notes are for guidance purposes only; we are not planning experts. The information set out below is based on our understanding of the key planning documents and the process which we have gleaned from Government web sites and publications. It should be used for guidance purposes only and should not be relied upon as a definitive guide to either the planning process or the planning policies and documents pertinent to the proposals.

If you spot an error, please let us know.

How does the planning application process work?

The process is quite complex and made more complex by the fact that decisions made by CNBC and any Inspector who might be appointed to adjudicate an appeal may create several branches in the process.

In it’s simplest form, the process is:

1. Application for permission to for a Wind Monitoring Mast
2. 1. The developer has informal discussions with the CNBC Planning Department
   2. The developer submits an application to erect a temporary wind monitoring mast
   3. Members of the CNBC Development Control Committee visit the proposed site
   4. Members of the CNBC Development Control Committee consider the application (7^th February 2008)
   5. If they reject the application, the developer can appeal in which case ….
   6. An inspector is appointed to adjudicate, based either on written submissions or a public enquiry
   7. If the appeal is successful …

2. Application for permission for an industrial wind turbine power station
3. 1. The developer submits an Environmental Impact Assessment (EIA) scoping document to the Planning Department
   2. If approved, the developer undertakes an EIA
   3. The developer submits the EIA to the Planning Department
   4. If the EIA is approved by the Planning Department, the developer submits a planning application for the wind turbine power station
   5. Members of the CNBC Development Control Committee visit the proposed site
   6. Members of the CNBC Development Control Committee consider the application
   7. If they reject the application, the developer can appeal in which case ….
   8. An inspector is appointed to adjudicate, based either on written submissions or a public enquiry
   9. If the inspector rejects the appeal, there is no further appeal

The process described above sets out our current understanding of how the process will work for this application. This is based on various Governmental sources. We will be taking advice from both planning consultants and CNBC about the process and the diagram may as a consequence be updated as new information is received.

The overall planning system

The Government’s Planning Portal guidance says:

“Planning is about how we plan for and make decisions about the future of our cities, towns and countryside. Over the centuries, a formal way of making these decisions was set up.

Your local planning authority is responsible for deciding whether a development - anything from an extension on a house to a new shopping centre - should go ahead.

Local planning authority usually means the district or borough council - not the parish or town council.

The planning system is needed to control development in your area.”

The local Planning Authority …

who will be reviewing the wind mast / turbine proposals is currently Crewe and Nantwich Borough Council. CNBC will merge with Congleton Borough Council and Macclesfield Borough Council to form a new Local Authority named Cheshire East who will assume responsibility for planning decisions. The merger timetable is:

December 2007         Secretary of State signs Implementation Orders.

January 2008            Appointment of shadow authorities (Cheshire East and Cheshire West)

May 2008                Shadow elections

1 April 2009                New authorities

May 2011                Next full elections and then every four years

The framework against which planning decisions are made

The Government’s Planning Portal guidance says:

The planning system in England and Wales follows a plan-led system. This involves preparing plans that set out what can be built and where. The plan-led system was updated by an Act of Parliament (the Planning and Compulsory Purchase Act) in December 2004.

Under the new law there are now two main levels of plan:

• Regional Spatial Strategies - each Regional Planning Body (such as the north-east of England) is preparing a Regional Spatial Strategy. This sets out things such as how many homes are needed to meet the future needs of people in the region, or whether the region needs a new major shopping centre or an airport.
• Local Development Frameworks - Each local planning authority is preparing a Local Development Framework. This is a folder of documents that sets out how your local area may change over the next few years.”

Planning Policy Guidance

In addition to local plans as outlined above, the Government may choose to publish national policies to provide guidance to Planning Authorities. Renewable energy, including wind turbine power generation, is covered by PPS 22 (Planning Policy Statement #22) link and the associated guidelines.

Region (North West)

The North West Regional Assembly has published “Renewable Energy Targets for the North West” link http://www.nwra.gov.uk/downloads/documents/imported/
rp_4Zzd_RENEWABLE_ENERGY_TARGETS_FOR_T.pdf . T

County (Cheshire)

Cheshire County Council has two policies that refer to the provision of renewable energy schemes in Cheshire which would cover wind turbines. The main policy is R5 but also GEN3 makes mention of such schemes.  These can be found in the Cheshire 2016: Structure Plan Alteration which can be viewed on the County's website by following the link below:

http://www.cheshire.gov.uk/Planning/ForwardPlanning/FP_SP_dl_structureplan2016unpub.htm

Crewe and Nantwich Borough Council

There is currently no renewable energy policy, however, Vale Royal have developed  a very comprehensive (125 pages) document titled Supplementary Planning Guidance relating to Landscape Sensitivity and Wind Turbine development. http://www2.valeroyal.gov.uk/internet/vr.nsf/
AllByUniqueIdentifier/DOC06459F355A359051802572BC004E5D59

The report was produced by Land Use Consultants in September 2007 www.landuse.co.uk .

Right of appeal

The Government Planning Portal states:

“Only the person who made the application for planning permission can appeal. Appeals should be made to the Planning Inspectorate which is part of the Office of the Deputy Prime Minister (ODPM).Appeals are considered by a planning inspector, appointed by the First Secretary of State in England or, in Wales, by the National Assembly. Most are handled in writing. Some are decided by a hearing before an Inspector. A few are decided after a public inquiry .”

This means that only the developer can appeal.