Planning - voicing your opinion
Under the planning legislation we have a duty to publicise
all planning applications. We take into account any opinions
given in writing where they relate to planning legislation.
Our code of practice on publicity of planning
applications explains how we publicise different
types of planning applications.
Code of Practice for the Publicity of Planning Applications (230kb
pdf file)
Making your views known
You can see the documents and plans at the Planning and
Regulation Service offices or you can view them online at
your local library. The internet is available free from every
library in the borough but you may want to ring the library in
advance to book a computer.
Any comments you want to make must be made in writing to the
Head of Planning and Regulation. The planning
officers will see your comments when they consider the
application. All comments must be about planning matters relevant
to the application.
We will keep your letter with the planning application
file, which is open to public inspection. The planning officer
dealing with the case will consider your views and take account of
them in a written report, which is open to public inspection.
Because of the number of letters we get, not all of
them are reported fully, but a summary of the points
raised is made in writing in the officer’s report. If the
application goes before a planning committee, the letters are
available to committee members. It is important that you make any
comments within 21 days as we can determine certain types of
application if no objections are received at the end of the
publicity period.
You can comment by letter or email.
Making an objection
Anyone can object to a planning application whether or not they
are a resident. All objections must be in writing and must be
relevant to planning issues. These issues include, but are not
limited to:
- The Council's published planning policies in the Unitary
Development Plan
- Government planning guidance
- Scale
- Privacy
- Highway safety and congestion
- Noise
- Disturbance
- Air pollution
- Design
- Appearance
- Layout
- Conservation of buildings
- Effects on trees and amenity
Issues that are considered not relevant include, but are not
limited to:
- Matters covered by other laws (such as alcohol
license)
- Private property rights (such as boundary or access
disputes)
- Loss of view
- Effects on property values
- Possible future development
- Trade competition
Determining applications
Applications determined by the Delegation scheme (such as
applications for extensions and/or alterations) are dealt with by a
Planning Officer who makes a recommendation for a particular
decision. This file is then passed to the Head of Development
Control and the Head of Planning and Regulation Services who have
the final decision. Larger applications or applications
affecting local residents are put before Township Planning
Committees and on some occasions more controversial applications
may have to be referred to the central Regulatory Committee for
final determination.
At the committee meeting
When an application goes to one of the Township Planning
Committees for a decision, a written report is produced for the
Committee by the planning officer which summarises the planning
issues and makes a recommendation. Approximately a week
before the Committee meeting we will also notify all
correspondents, applicants, or their agents, whose proposals are
being considered.
You are welcome to attend the Committee and you will be
allowed to address the Committee members. It is entirely at your
discretion as to whether you take the opportunity to speak. If
there is more than one objector to an application then normally the
Chairman of the Committee will allow only one person to speak in
view of the limited time available. Consequently objectors may get
together to make a joint case covering all the points that each
individual wishes to make. The applicant will also have the
opportunity to address the Committee after the objectors have put
their views. The members of the Committee may ask questions of each
speaker after they have spoken. The Committee members will then
debate the merits of the application and decision will be made.
The decision
The Council can grant permission, with appropriate conditions if
necessary, or refuse permission. When making a decision, the
Council must give adequate reasons for its decision based on
relevant planning issues. The decision notice, including the
Council’s reason for decision will be posted on the website within
2 working days of decision. Alternatively, if you wish, you
may telephone this office or visit your local library to find out
the result.
Appeals
If the Council refuses planning permission or imposes conditions
which the applicant considers are unreasonable or unnecessary, then
the applicant may appeal to the Secretary of State within 6 months
of the decision date. If this happens then you will be notified of
the appeal and invited to put your views to the Inspector who will
be appointed by the Secretary of State to make a final
decision.
Householder application appeal process
In the case of Householder Applications, from the 6 April 2009,
the time in which an applicant can appeal against a decision of the
Council has been reduced to 12 weeks from the date of the Council’s
decision. The Council will notify you of the Appeal within 5
working days of the starting date. Whilst there will be no
opportunity for third parties to submit comments at this stage, all
written representations made before the application was determined
will be forwarded by the Council to the Secretary of Appeal for
consideration at appeal. A copy of the Appeal decision will be
provided by the Council to third parties upon request.
Planning
Inspectorate
Objecting to a decision
Should an objector feel that they have been misrepresented, or
the council has done an inadequate job of making the decision,
objectors may appeal to the Government Ombudsman. The Ombudsman can
only deal with cases of unfair administration and similar. Details
of the role of the Ombudsman, and a leaflet detailing when and how
the Ombudsman can become involved can be obtained from their
website.
Local Government Ombudsman