What is taken into account when considering Planning
Applications?
In considering planning applications, the Council first looks at
the agreed Development Plan and then at any other "material
planning considerations". The Development Plan sets out the
Council’s policies and proposals for the development and use of
land. This includes the improvement of the physical environment for
the next 10 years or so. If the application is in accordance with
the Plan, then permission should be granted, unless other material
planning considerations dictate otherwise. The Development Plan is
updated from time to time and the Planning Service can give you up
to date advice. Key parts of the Development Plan can be downloaded
from the Council's web site.
Who deals with comments on Planning Applications?
All comments for or against applications should be addressed to
Planning Services, and are dealt with by the Planning Case Officer
for the particular application. In the minority of cases where
applications are dealt with by the Planning & Environmental
Protection Committee, the Case Officer will report your comments to
the elected Councillors in writing. You may give Members of the
Committee copies of your views, but the Councillors must not
comment on them, or to enter into correspondence about them before
taking a decision. They must be completely impartial until the
Committee debates the full details of the application.
What are “Material Planning Considerations”?
These vary from application to application, but generally
include the following:
- The adopted policies of the Development Plan (the Development
Plan is made up of several different documents)
- The relevant planning legislation, Circulars and other Central
Government Guidance on planning issues
- Relevant Planning Appeal decisions
- Advice from specialists and Bodies consulted on applications,
such as highway and drainage engineers
- Other agreed Council strategies, policies and plans
- The number, size, layout, siting, design and external
appearance of buildings
- Impact on the character of the area
- Impact on adjoining properties in terms of privacy, and
daylight
NOTE: If you feel you have a 'right to light' you may wish to
take private legal advice, but this is not a matter that the Local
Planning Authority can take into account.
- The effects on traffic, road access and visibility, parking and
highway safety
- The loss of a public view
- The appropriateness of the proposed land use, e.g. the
conversion of a house in a quiet residential street to a Shop or
Restaurant
What things cannot be considered?
Over the years, planning appeals and legal decisions have
established that some matters cannot be taken into account in
planning decisions, these include:
- Whether the applicant intends to carry out the proposal. The
applicant is still entitled to a decision even if they do not
intend to proceed with the development
- Competition between similar businesses
- The costs of the scheme
- The loss of private views over other land
- The loss of the ability to maintain property
- The application is retrospective. (If the development has been
built without approval, the Council must look only at its planning
merits, not that the developer has gone ahead without
consent.)
- Moral objections e.g. to a betting office or an amusement
centre
- Objections to the applicant personally
- Objections on the grounds of criminality
- Rights or obligations contained in property ‘title deeds’
- Conflicts between neighbours. It is necessary to establish
whether the proposal would affect matters that ought to be
protected in the public interest. Good neighbourliness and fairness
are among the yardsticks but these comments are not particularly
helpful in understanding where the line is drawn
- Compliance with other controls, such as the Building
Regulations
- Duplication of other controls. If a matter can be controlled
under other legislation, it should not be considered as part of the
planning assessment process. This includes matters controlled under
Environmental Protection legislation, litter, anti social behaviour
in public places, etc.
- Personal circumstances. Only exceptionally should personal
circumstances become a material consideration. Such arguments will
seldom outweigh the more general planning considerations. Often the
building or other works will be there long after the original
personal circumstances have disappeared
How can I ensure that my views are given weight?
Case Officers and Councillors have to make their decisions based
on relevant evidence, and the fairness of their decision can be
challenged at Appeal or in the Courts. So to influence them, you
must give them clear evidence to support your views. And remember,
other people may be arguing for a different decision, so do not
assume that if Officers appear to support your view then this will
be the decision taken.
There is a limited time and limited resources to deal with
individual applications. While your comments will be considered and
acknowledged, Case Officers generally cannot enter into
correspondence with individuals, or do research on your behalf. If
you comment on an application in writing, we will inform you of the
decision on the application and of any conditions attached to a
consent or reasons for any refusal. If the application is to be
considered at Committee you will also be invited to attend the
Committee to put your case to elected Members in person.
When writing in to make comments about a particular application,
please ensure that your comments relate to the Development Plan and
material planning matters, address your letter to the Planning
Service or the appropriate Case Officer and use the planning
application reference number.
Where can I get more information?
You can get more information on the planning system from the
Planning Portal, a
government web site. You can get details of planning applications
from the City Council’s Planning and
Building Registers.
Contact Planning
Services