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Perhaps you can publish the text as a guide to those that wish to
comment as it is quite informative as to what constitutes a valid
comment or moreover a valid objection.
The leaflet had neither copyright
warnings nor any other form of restriction in its content being copied
or redistributed.
Town and Country Planning Act 1990.
GUIDANCE ON MAKING COMMENTS ON PLANNING APPLICATIONS
Information and advice leaflet
Introduction
Development proposals can have a significant effect on people and the
planning system and can sometimes appear to be complex. This leaflet is
intended to give members of the public an overview of the relevant
considerations and the processes involved in dealing with a planning
application so that letters of representation can be as effective as
possible. It is important to bear in mind that the Council cannot
consider planning applications as it chooses. It is constrained by law
and by the precedents set up in the Courts about the matters it can take
into account in making its decisions.
This leaflet is primarily of relevance in relation to planning
applications and does not deal with the procedures involved in
processing other forms of applications like those in respect of
agricultural and telecommunications “Notifications” and listed building
applications. If you are in any doubt about the type of application
involved then please contact the officer dealing with the proposal (the
case officer).
What does the law require the Council to do?
When a decision is made on a planning matter, section 70 of the Town and
Country Planning Act 1990 requires the decision maker to have regard to
the provisions of the development plan, where it relevant, and to any
other material considerations. Section 38(6) of the Planning and
Compulsory Purchase Act 2004 requires the determination to be made in
accordance with the development plan unless material considerations
indicate otherwise.
What is the development plan?
The relevant plan in operation in the Shepway District is the Shepway
District Local Plan Review. The Shepway District Local Plan Review is
available in all district offices and can be inspected at the Civic
Centre. In general, if a proposal is in accordance with the development
plan then the presumption will be in favour of granting permission.
Can the Council grant planning permission for proposals not in
accordance with the Development Plan?
Where the Council considers that there are material considerations which
indicate that planning permission should be granted. Contrary to
policies in development plan, then it may do so. For example, the
Council may decide that the jobs likely to be created by allowing a
proposal to go ahead would be so beneficial to the district as a whole
that the plan’s policies should be set aside. If however the proposed
development would result in a significant departure from the development
plan, then the Secretary of State must first be notified so that he
decide whether or not to allow the Council to make the decision.
What sort of objections cannot be taken into account?
The purpose of the planning system in this country is to regulate the
development and use of land in the public interest. It is not therefore
able to take private interests into account although the two areas are
often not clearly distinguishable.
The following are a few examples of private interests which cannot be
taken into account:
• Ancient lights
• Breach of covenant
• Loss of property value
• Loss of trade to a competitor
• The lack of need or demand
What are relevant objections?
The policies in the development plan are the starting point and you can
telephone the case officer for advice about whether there are any
relevant policies that you should be aware of. The Council also takes
into account “any other material considerations”. There are no hard and
fast rules to decide these matters and only Courts can decide whether
something is “material” i.e. relevant.
There is no definitive list of relevant objections but examples of
reasonable objections would be where a proposal might result in:
• Overshadowing, loss of light, and/or an overbearing impact
• Hazards to pedestrians or increase the risk of traffic accidents
• Increased disturbance, e.g., late at night or from noisy machinery
• Development of a poor design or out of scale with the surroundings
• Adverse impacts on nature conservation
• Loss of important trees or woodland
• Intrusion into the countryside
• Unacceptable impacts on the listed building or a conservation area.
Will objections be shown to the applicant?
The Council is obliged to make any letters or representation about a
planning related application available to the public. The exception is
where complaints are received about alleged breaches of planning law,
when the identity of complainants is kept confidential.
Does the Council have to refuse permission if it receives a lot of
objections?
No. Although objections have to be considered, the government's advice
to Councils is that “local opposition or support for a proposal is not
in itself a ground for refusing to granting planning permission...”
What happens after a letter of representation is submitted?
An acknowledgement will be issued in any relevant points will be taken
into account before a decision is made.
Due to the number of letters received it is not possible to answer
questions raised in letters of representation. If you have specific
questions then please telephone the case officer.
Who makes the decision?
The District Council is the Local Planning Authority for most types of
application. Applications for minerals extraction and waste disposal are
dealt with by the County Council. Most decisions are made by officers of
the Council under what are called “delegated powers”. Applications will
usually only be considered by the Development Control Committee that had
District Councillor has asked for it to go to the Committee, or in
certain or in certain circumstances where a Parish or Town Council
disagrees with the officer's recommendation.
What is the role of the Town or Parish Council?
The law requires that these Councils are notified of applications in
their area and that they be given 14 days in which to respond. Any
comments they make must be taken into account when deciding a proposal.
Anyone making representations may wish to consider copying any letters
to the relevant Town/Parish Clerk.
Are people notified of the decision?
Anybody who makes representations in writing will be notified of the
decision after is made.
Is speaking allowed at Development Control Committee meetings?
If an application is to be considered by the Committee (most
applications are not), anyone who has made representations in writing
will be advised of the date of the meeting and be invited to speak
provided the representation is received by the Council by 5 PM on the
Thursday two weeks before the week of the committee meeting. A separate
leaflet is available on request that explains this procedure.
Will copy of the decision be provided?
Unfortunately it would cost too much to provide decision notices to all
people who make representations. A copy can however be purchased on
request.
Can appeals be launched against decisions to grant planning
permission?
Only the applicant has a right of appeal against the refusal or the
imposition of a condition or the non determination of an application.
There are no rights of appeal for objectors. In certain circumstances a
Council’s decision can be challenged in the Courts where it has acted
unlawfully or unreasonably. For further advice about making such a
challenge, the advice of a solicitor should be sought.
What other remedies are available to dissatisfied people?
The local Government Ombudsman can investigate complaints about
maladministration. The Ombudsman does not have the power to change a
decision and will not investigate the complaint until the matter has
been through the Council's own complaints procedure. Any complaints
about the processing of a planning application should be sent to the
Planning Manager at the address below. If the result is not satisfactory
in the matter can be referred to the Council's Monitoring Officer. The
complaint will be reviewed by him or one of his deputies.
How can contact be made to the Council?
Correspondence should be sent to:
Planning Manager
Shepway District Council, Civic Centre,
Castle Hill Avenue, Folkestone, Kent, CT20 2QY.
Telephone (01303) 853278 or 853527
Fax (01303) 853501
E-mail: planning@shepway.gov.uk
Additional information is available at:
www.shepway.gov.uk
A copy of the Council's Planning Services Standards is available on
request.
Please telephone the Council's Customer Services on (01303) 853000 if
you need this or any other Council literature in a different format.
Audio cassette, large print or translation into another language can be
made available on request.
Regards
Msteve
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Dear
Editor.
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