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planning-applications.co.uk |
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CONSIDERING REPRESENTATIONS &
OBJECTIONS
Supporting the PlanYou have read the Plan and
considered the planning policies proposed. The Plan has been placed On Deposit
and the deadline for representations is approaching.
What do you agree or
disagree with?
Don't forget that the Local
Plan process is as much about support as objection. If there is a favourable
policy in the Plan, you should lend your support to the Local Authority. The
policy you favour may not be to someone else's liking and they may object. If
you fail to support policies you consider acceptable you run the risk of an
objector being able to persuade the Council, or the Inquiry Inspector, to make
changes which are less acceptable to you.
Have the Council based
their policy on the correct information or market assessments?
Local Plans are very detailed
and whilst every care is taken it is inevitable that errors and omissions will
occur. Equally, local authorities may not be experts in all areas of land use
and development and may have misinterpreted statistics or other information in
formulating their policies.
For the most part Plans are
prepared on the basis of reasoned assessments of the planning issues within an
area. Nevertheless, the planning process is a political animal and authorities
will be required to reflect Government guidance and the views of their local
and regional planning committees in drafting the Plan.
Consistency is important.
You may find that there are
general policies in the plan supportive of a particular type of development,
that more detailed policies will seriously constrain or prevent from happening.
The Plan must be viewed as an interactive document, so don't be tempted to
consider your particular interests in isolation.
Study the Proposals Maps.
If your property or adjoining
land is allocated for development do you approve or object? Policies are
usually defined by area with boundaries shown on the plan. Should the boundary
lines be re-drawn in relation to your property?
What if there are no
policies, either specific or general, that relate to your land use? Is this a
problem?
Local Plans are designed to
establish a detailed planning framework for development control and land use
management within their area. However, Plans cannot deal with every aspect. The
lack of policy guidance may seem beneficial, however on balance you may prefer
to know where you stand rather than seek planning permission for development
against an unknown background.
Reviewing
the Plan is probably the most time consuming and complex part of the process.
It is however, the foundation upon which decision making is made.
Make an
early start. DO NOT MISS THE DEADLINE FOR REPRESENTATIONS. The Governments
guidance states:-
" All objectors whose representations are 'duly made' have the
right to appear at an inquiry if they so wish. To ensure that on objection is
'duly made', it must be put in writing and sent to the address given on the
notice. It must make clear what matter in the plan is being objected to and
why. If an objection is not 'duly made', for example because it is sent in
late, the objector does not have a right to appear at the inquiry but the
Planning Authority may agree to ask the Inspector to hear such objections".
[On
the last point, it is very rare nowadays for late objections to be heard at
all].
planning-applications.co.uk
Forms are obtainable from the planning
department on which you can submit your representations. These will ask you
whether you are supporting or objecting the Plan and which parts you wish to
comment upon.
You can comment upon any
part of the Plan whatsoever.
You will need to submit one
form for each part of the Plan you wish to comment on and provide details of
why you agree with the Council. Don't forget to keep a copy for your own
reference later.
All representations are
carefully logged by the PROGRAMME OFFICER, who administers the Plan making
process. He is an impartial administrator and cannot comment on your views.
All representations are open
to public inspection at the PROGRAMME OFFICE; Usually a room in the Councils'
offices. You can see who else has made comments about your particular
interests.
The form will usually also ask
whether you wish to appear at the Local Plan Inquiry or make your comments by
way of written representations only.
Supporters of the Plan are not
normally heard before the Inquiry in order to save time. After all, you are
agreeing with the Councils' views. You can still attend during the Inquiry to
hear what is said and lend support to the Council.
Occasionally the Council may
wish to refer to your comments, or ask you to speak at the Inquiry on a particular
point, in order to assist the Inspector in his consideration of the issues. The
planning department or District / Borough Solicitor will contact you in such
circumstances.
planning-applications.co.uk
Forms are obtainable from the
planning department on which you can submit your representations. These will
ask you whether you are supporting or objecting the Plan and which parts you
wish to comment upon.
You can comment upon any
part of the Plan whatsoever.
You will need to submit one
form for each part of the Plan you wish to comment on and provide details of
why you disagree with the Council. Don't forget to keep a copy for your
own reference later.
The PROGRAMME OFFICER, who
administers the Plan making process, carefully logs all representations. He is
an impartial administrator and cannot comment on your views.
All representations are open
to public inspection at the PROGRAMME OFFICE; Usually a room in the Councils'
offices. You can see who else has made comments about your particular interest.
This may be helpful in gauging other opinions and perhaps combining resources
in presenting a case to the Inquiry.
Each objection should comprise
a brief summary of your argument. If it is a minor matter any comments on the
Objection form may constitute the totality of your case.
Where more complex issues are
concerned you may wish to submit a supporting statement outlining the issues
and detailing your concerns.
The form will usually also ask
whether you wish to appear at the Local Plan Inquiry or make your comments by
way of written representations only.
As an objector you have the
opportunity to present your comments at the Local Plan Inquiry. The Programme
Officer will help you with the procedures if you are representing yourself or
your business.
It bears repeating again; DO
NOT MISS THE DEADLINE FOR OBJECTING. Government guidance states:-
" All objectors whose representations are 'duly made' have the
right to appear at an inquiry if they so wish. To ensure that on objection is
'duly made'; it must be put in writing and sent to the address given on the
notice. It must make clear what matter in the plan is being objected to and
why. If an objection is not 'duly made', for example because it is sent in
late, the objector does not have a right to appear at the inquiry but the
Planning Authority may agree to ask the Inspector to hear such
objections".
[On the last point, it is very
rare nowadays for late objections to be heard at all].