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planning-applications.co.uk |
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OBJECTING OR SUPPORTING A PLANNING PROPOSAL
Anyone
is entitled to object to any planning application. Equally you may wish to lend
your support.
Every
planning application is considered and determined having regard to the
Development Plan and any other material considerations. The Development Plan
includes National and Regional Planning Guidance, the
You may have a social, political, environmental or
purely personal concern about a particular development proposal, but to be
effective any objection or supporting statements must focus upon the 'planning
merits' of the case. These would include the relevant planning policies
applicable to the property and area concerned, as well as consideration of such
matters as the impact of the scheme upon the local environment, highways
issues, nature conservation, flood risk and many more detailed issues. Each
application is unique and this section cannot cover every proposal. However,
the principles outlined below should establish the framework for making
purposeful representations to planning proposals.
Set out below is a checklist that should help you in
assessing the need to object and how to make an objection. The same principles
apply to lending your support to an application.
1.
SHOULD I OBJECT?
You may have received a letter from your Council notifying you of a
nearby development proposal, spotted an application notification posted on the
site or in the local paper, or even been asked to join an action group. Maybe
your neighbour has let you know he is making a planning application. What should you do?
Clearly, if you are not concerned about the proposal there is no
need to do anything. But it is worth giving some momentary thought to the
matter. The proposal on its own might not be objectionable but will it set a
precedent?
If your reaction is one of concern take a moment to stand back and
think about your reasoning. The fact you do not like your neighbour is
insufficient to justify an objection.
To stand a chance of being taken seriously by the Council
any objection or support must be rational, impersonal and directed principally
to the planning issues raised by the proposal.
2.
THE PROCEDURE
When
a planning application is submitted it is processed by the planning department
within a set procedure. Applications are usually dealt with within 8 weeks of
submission, but delays do occur for a variety of reasons.
Once
the application is accepted as valid by the Council a series of consultation
letters are sent out to a range of Statutory Consultees
(such as the Highways Department, Environmental Health, English Heritage etc)
which vary depending upon the individual proposal. These consultees
are required to respond within 21 days with their comments on the application.
The
local Parish Council will be notified and they will consider the application at
one of their regular meetings. They will formally respond giving their views on
the application and stating whether they approve or object.
Local
Authorities also carry out public consultation. The way in which this is
undertaken varies considerably between Councils. Some require the applicant to
post a public notice on the site for a period of 21 days, or place an advert in
the local paper. Others use their public address database to select addresses
local to the application site for notification by letter. Increasingly weekly
planning application lists are published on Council websites.
Public participation in planning is increasingly sought by the Government and
modern technology will assist further in ensuring you are aware of what is
happening in your area. The actual procedure for your Council is established in
their Standing Orders.
3.
ESTABLISH THE FACTS
All
too often objections are submitted which are based on an incorrect
understanding of the application. The first step must be to inspect the application
and understand it. You may review the application at your Councils' planning
department or increasingly review the application online through the Council’s
website. Each application is allocated a discrete planning reference number -
it may look something like this x/x/2007/12345/FUL. If you know the
number, then ask for the application details by reference to that number.
Otherwise make sure you have the address of the property.
You
will be allowed to inspect the application forms, plans, drawings and other
information submitted by the applicant. You may not be allowed to view the
responses from consultees or other objectors,
although increasingly these are published online. The planning department will
outline the areas of objection and support in their report to the planning
committee.
Consider
the application carefully. You can usually discuss the application with a Duty Planning
Officer so that any technical details can be better appreciated. You can make
notes and may also be able to purchase copies of the application (but probably
not any plans as these will be copyright).
Review
the Local Plan policy. The
Council will have copies of their Local Plan available either to view or purchase.
This may take a bit of reading but will almost certainly contain policies that
have a bearing upon the application. Do they support or deter the proposal? You
may wish to refer to relevant policies in your letter of objection / support.
Check
the planning history of the property. This may be going a bit far for most domestic applications, but
sometimes the property may have been subject to prior refusals/ approvals that
will have a bearing upon the matter.
4.
JAW JAW NOT WAR WAR!
Can
your objections or concerns be resolved by simply discussing the application
with the applicant? This might be your neighbour and you need to remember that
you will have to continue living next to them in the future. Many concerns
relate to overlooking or blocking out of light from a proposed extension. Will
obscured glazing or a change in roof design resolve the problem? Think how the
application may be modified or improved before you confirm your objections.
Maybe your encouragement to a revised design could be beneficial in the long
run.
5.
MAKING YOUR OBJECTION / SUPPORTING STATEMENT
You've
considered the application, reviewed the options and still wish to make
representations. Next step is to write down your concerns / supporting points
and send them to the Council Planning Department. There is usually a Case
Officer or Area Group allocated to deal with the application, but if you cannot
discover the exact person then just send your letter to the Planning
Department. Always try and include the Planning Reference Number and location
of the property. Again, some authorities now accept online submissions via the
planning pages of the Council’s website.
Set
out your comments logically and in a straightforward manner. Personal comments
about the applicant are rarely helpful and imply the objection is personal
rather than based upon the planning issues.
Keep
it brief. Long or rambling commentary is unhelpful. Why not use sub-headings to
illustrate each point. If you wish to include other information then you can do
so. Photographs are often helpful to illustrate to the Council your particular
concerns.
If
there is a particular matter that you believe requires the Planning Officer
inspecting personally, from your property, then ask him to make a visit. You
will need to make yourself available during normal office hours for such a
visit onto your private property.
You
will usually be asked to make your objection within the 21-day consultation
period established at the outset of the planning application. However, you can
submit objections / supporting statements right up to the moment the
application is considered. The later you leave it though the less chance there
is of the Council really giving your comments due consideration.
Putting
your comments in writing is far better than simply telephoning the Council.
Always remember to keep a copy for your records.
6.
MONITOR THE APPLICATION
Larger
applications may take some time to determine. It is worthwhile asking your
Council if they can keep you informed of progress. Once you are logged as an
objector / supporter most Council’s today will notify you of any material
alterations. Any significant changes to an application may have to be
re-advertised and sent out for further consultation.
Check
to see how the application will be handled. There is an increasing trend toward
the use of Officers Delegated Powers, where the application is determined by
the Officers, rather than going to a full planning committee.
If
the application is to be heard at a planning committee you are entitled to
inspect a copy of the Officers Report to Committee. This is usually available
3/4 days prior to the committee and sets out the Planning Departments full
consideration of the various planning matters, including a discussion of any
objections / supporting statements. Check the committee pages of the Council’s
website for the agenda and minutes.
7.
ATTENDING THE PLANNING COMMITTEE
You
are entitled to attend any planning committee meeting to hear the applications
being considered by the Council. Committees are usually held on a monthly
basis, but may be more frequent depending upon the Council workload. Committee
dates are usually posted in the Council Offices and can be checked with the
Council's Committee Clerks Department or the planning department, or online.
The
committee agenda will indicate when the application will be considered during
the meeting, but often the 'batting order' is altered, at the Chairman's
discretion, to bring forward applications where there are significant levels of
public interest. This is to avoid people having to wait all evening to hear a
particular application.
Increasingly
the public is being allowed to speak at committee meetings and each Council
adopts their own procedure for this. In most cases you will need to notify
the Council in advance of your intention to speak. Check with the Planning
Department or Committee Clerks office about the procedure adopted in your
particular Council.
The
Chairman will invite those who have registered to speak to address the
committee from a suitable position in the Council Chamber. Two or three minutes
are common time periods allowed for individual public address to the committee
and are strictly controlled. This is not long and therefore it is a good idea
to read a pre-prepared (and timed) statement or have a series of bullet points
to make sure you remember all the points you wish to make. Here again, keep
your comments simple, keep them to the point and avoid personal jibes. The
committee is only interested in the planning merits of your comments and how
they relate to the application. You may even be prevented from speaking if you
just use the opportunity for making political or personal statements, make
personal comments about the applicant or you lose your temper.
In
my experience as a planning consultant the most effective objector is always
the cool, calm and collected representative of personal or local opinion, who
has done their homework and presents a logical planning case against (or for)
the proposal under consideration.
If
you do not wish to speak yourself you can arrange for someone to do this on
your behalf, but this must be made clear to the committee. If you are
representing other people you should ensure you have their permission for you
to speak on their behalf. This may be requested by the committee to prove you
have other people's permission. A letter of authority would be useful.
Group
objections / supporters wishing to say much the same thing are generally
encouraged to group their comments together with one or two speakers only, but
you may be able to negotiate more time per speech as a result. This should be
discussed with the Clerks office or planning officer well before the committee
date.
The
applicant or his agent will also be allowed to speak and will usually be given
the chance to address the committee last so that any points raised by other
speakers can be reviewed and commented upon. Sometimes matters are considered
'in camera' i.e. without public access, but this is increasingly uncommon.
SUMMARY
NEXT
STEPS
If
the application is approved then this may be the end of the matter, although if
you consider the Council acted in a manner that did not conform to established
procedures then you might consider a complaint to the Ombudsman.
If the
application is refused the applicant may go to appeal. You will then need to
repeat the process at an appeal. Do not assume your objections will
automatically be represented at this stage. You will need to object / support
again. To consider this situation in more detail, go to appeals.