Make effective comments on planning applications
How do I make effective comments on planning applications?
Many people have asked how they can most effectively comment on planning applications. You may find the following helpful as a general guide but please note that it should not be relied on, or taken to be a full interpretation of the law.
Remember all comments submitted are open to public view via the council’s website. This includes your name and contact details. If you believe there is reason to protect any of your information contact the Planning Department.
This obviously includes the person making the planning application and
also means that you can view other peoples comments on a particular application to see
the level of support for your position.
Understand how decisions are made
Most planning applications involve balancing a variety of considerations. There will often be arguments both for and against a proposal and a judgement has to be made by the council as to which outweighs the other.
Just because someone makes a valid objection does not necessarily mean an application will be refused. The job of the council is to balance the impact of planning applications against all the other considerations including planning policies and the reasonable expectations of the person making the application.
Many of the planning applications submitted to the council are processed through the powers delegated to the Strategic Manager for Planning and Infrastructure Delivery.
The remaining applications are considered by the council’s Planning Committee in accordance with the Council's constitution.
Understand the application
Study the plans, forms and details submitted with the application carefully and make sure you understand the nature of the application being made.
Consider contacting the applicant for more information if you need it.
It is worth checking from time to time if revised plans have been submitted. The revisions may or may not address your concerns.
Understand what the Planning Policies say
The council has to adopt certain principles laid down in legislation and government
guidance when determining a planning application. These principles are very important
and form the basis of all decisions on planning applications and subsequent appeals.
The principles are set out in Planning Policies.
Applications generally have to be determined in accordance with the development plan. If there are other material considerations, the development
plan should be the starting point and the other considerations weighed up against it.
It is helpful to quote relevant planning policies if you know them.
Find out what others think
Find our what the various statutory agencies think about the application. The council will
almost certainly be bound by the advice it receives from them as this will be technical in
nature. If you disagree with such advice, it is likely that you will need to provide your own
technical evidence to back up your objections.
Find out what government planning advice and regional planning advice says. The council
must have regard to these in all case and Government policy will take preference over
existing policies where these is a conflict between them.
Set out the reasons for your comments
Your comment should state clearly the points you wish to make about an application.
You can support a planning application as well as object to it.
If you wish to object to a proposal, you should set out the reasons for your objection with
reference to the items in the list of Valid Reasons for Comment below. The most effective
objections are those which demonstrate the harm that will be caused.
Stick to planning matters and don’t refer to non-planning issues as these will undermine
your case.
Set out any conditions which you would like to see imposed should an application be
approved. Conditions need to be included in the approval notice for a planning application
if they are to be legally binding and this does not weaken any objections you have
Remember that all comments submitted are open to public view.
Stick to the time limits
It is very important to observe the time period for the receipt of comments and objections.
If you do not comment within the dates shown, you risk your comment not being taken into consideration.
Valid reasons for comment
Comments should be clear, concise and accurate.
When planning applications are considered, the following matters can all be relevant. These are sometimes referred to as ‘material planning considerations'.
- Central government policy and guidance
- The relevant Planning Policies
- Adopted supplementary guidance - for example. village design statements, conservation area appraisals, car parking standards.
- Replies from statutory and non-statutory agencies (e.g. Environment Agency, Highways Authority).
- Effects on an area - this includes the character of an area, availability of infrastructure, density, over-development, layout, position, design and external appearance of buildings and landscaping
- The need to safeguard valuable resources such as good farmland or mineral reserves.
- Highway safety issues - such as traffic generation, road capacity, means of access, visibility, car parking and effects on pedestrians and cyclists.
- Public services - such as drainage and water supply
- Effects on individual buildings - such as overlooking, loss of light, overshadowing, visual intrusion, noise, disturbance and smell.
- Effects on a specially designated area or building - such as national landscape, conservation areas, listed buildings, ancient monuments and areas of special scientific interest.
- Effects on existing tree cover and hedgerows.
- Nature conservation interests - such as protection of badgers, great crested newts etc.
- Public rights of way
- Flooding or pollution
- Planning history of the site - including existing permissions and appeal decisions.
- A desire to retain or promote certain uses - such as playing fields, village shops and pubs.
- Prevention of crime and disorder
- Presence of a hazardous substance directly associated with a development
Irrelevant reasons for objection
There are certain matters which do not amount to ‘material planning considerations’ under current legislation and guidance. These matters cannot be taken into account in considering a planning application and should not be included in objections as they weaken your case:
- The identity of the applicant or occupant
- Unfair competition
- Boundary disputes
- Breach of covenants and personal property rights, including rights of way
- Loss of a private view
- Devaluation of property
- Other financial matters
- Matters controlled by other legislation
- Religious or moral issues
- The fact that the applicant does not own the land to which the application relates
- The fact that an objector is a tenant of land where the development is proposed
- The fact that the development has already been carried out and the applicant is seeking to regularise the situation
- The developer’s motives, record or reputation
Other Matters
The person making a planning application has to provide enough information for the application to be determined. They do not have to provide every single detail before an application can be approved because certain matters can be resolved by way of conditions included as part of the permission.
Because of this, certain issues may not be considered as ‘objections’ but it is entirely reasonable for you to raise concerns on such issues.
These include
- the proposed type and colour of the materials to be used
- the exact nature of any proposed planting or boundary treatment
If you are not happy with the council's decision
You can find out how to appeal on the Appeals and Judicial Reviews page