28/04/2026
Subject: RE: Planning Q&A
At the Town Council meeting, whilst discussing the town council actions with regards to the Bellway/Balderstone Hall application, the town councillors discussed the planning process, and in the light of comments seen on social media, sought to bring clarity to the matter
This was by way of comments at the meeting, at which there was a planning professional present and also to ask the independent consultant retained by the town council
In the way of Questions and Answers the matters are laid our below
Q Is a primary or principal fact of determining planning the National Planning Policy Framework ( NPPF) and can a councillor or Council change this?
Answer The principal document for assessing planning applications is the Kirklees Local Plan (which can include Neighbourhood Development Plans).
The NPPF is one of the other ‘material planning considerations’ when assessing planning applications according to planning law.
The NPPF cannot be altered by Councils / Councillors – it is a Government produced document.
Changes to it however are sent out for consultation before being revised, so representations can be made at that time (the latest consultation closed recently for the forthcoming revised version).
Q The Local Plan is another key part of planning determination, In Kirklees this is in place and not currently due for revision. What is the timescale for a council to review the local plan and would it affect applications currently submitted.
Answer The Local Plan is in fact currently due for revision and a new Plan is scheduled for adoption in April 2029. https://www.kirklees.gov.uk/beta/planning-policy/local-plan-timetable.aspx
as the draft local plan is in its very early stages, it is unlikely to be taken into account in the determination of current applications.
Q Is a planning application currently submitted being assessed based on existing planning policies?
Answer Yes, however if policies change during the course of the consideration of a planning application, those changes must be taken into account when the application is being assessed/determined (for example a new NPPF is due to be published soon, so any new or revised policies in that will need to be taken into account).
Q The author speaks of capacity of local services,
Is the capacity of a GP practice ( in Mirfield this is a practice owned by the partners ?) a material planning consideration are GPs statutory consultees
Can GPs comment in their own right on planning
Answer There are no current local or national planning policies that require GP practice capacity to be taken into account.
Q School capacity is stated, in Mirfield at present what is the current capacity situation in schools ( think this was mentioned in Ledgard mills).
Answer The attached consultation response from the Education department in relation to the Woodward Court development currently states that there is a school place deficit at Crosley Field J and I school, requiring a contribution of £185,000. It is stated that Mirfield free grammar school has surplus places currently, so does not require a contribution from this particular development.
Q Do you know anything about Kirklees planning performance agreement , can a developer pay for an enhanced service from planning?
Answer Yes that's correct a developer can pay to enter into a Planning Performance Agreement with the LPA, but as I mentioned to Lisa in a previous reply, it's not flagged up on the relevant planning application webpage whether or not a Planning Performance Agreement is in place for a particular planning application
Kind Regards
Robert Halstead Chartered Surveyors & Town Planners
Delivering information for individuals, businesses and organisations about this area in the Yorkshire Pennines area of England.
