How to respond to Planning Applications
What comments are taken into account?
We can only consider planning comments about planning related issues, these are called material planning considerations. The list below provides some examples, please note this list is not exhaustive and there maybe other material planning considerations that exist.
- local, strategic and national planning policies, plus emerging new plans that have been through at least one stage of consultation
- government circulars, orders, statutory instruments, guidance and advice
- previous planning and appeal decisions, plus principles of case law held through the courts
- overshadowing and loss of light based on Building Research Establishment guidance
- overlooking and loss of privacy
- highway issues, including traffic generation, vehicular access and highway safety
- noise and disturbance from proposed use, including operating hours
- smells and fumes
- storage and handling of hazardous materials
- effect on listed buildings, conservation areas, scheduled monuments and archaeology
- loss or effect on trees
- adverse impacts on nature conservation interests and biodiversity
- layout and density of building design, visual appearance and finishing materials
- landscaping and means of enclosure
In the course of reaching a decision on the application, each relevant material consideration is given weight according to its seriousness and relative importance. In dealing with issues raised, if a suitable planning condition can be used to overcome problems, we are required to consider this option as an alternative to refusing the application.
There are issues that cannot be considered and are not relevant to the decision-making process these are often referred to as ‘non-material’ planning considerations. The following are some examples, as above the list is not exhaustive.
- loss of view
- negative impact on property value
- land and boundary disputes between neighbours and/or damage to property
- private rights of access and covenants
- the impact of construction work
- opposition to business competition
- personal morals or views about the applicant
- opposition to the principle of development if this has been decided by an outline planning permission or appeal decision
- matters controlled under other non-planning legislation, for example, building regulations