Planning control is in place to help protect the general public interest. This does not necessarily equate to the private interest of individuals, who can make representations about planning matters. The individual does not have the opportunity to make representation about personal or moral issues. If you are unhappy about a planning application, here’s what you can do about it.
How do I know about a planning application?
You can find details of any planning proposal in your area by searching your local council’s planning website.
Formal publicity arrangements after a planning application submission has been made are laid down by government. Usually, the council will erect a notice on or near the site briefly describing the proposal and providing details of how the application documents can be viewed. Any plan shown on the notice is to indicate the approximate location and should not be relied on; you should always look at the full application documents for detail in order to properly determine the impact of the proposal. Near neighbours might be informed by post and some councils also publish a weekly list in a newspaper local to the proposal.
The notice or letter gives at least twenty one days for you to make representation, although planners are obliged to take into account any comments submitted right up until the time the application is determined.
What can or can’t I complain about?
The nature of comments that might be considered during the planning process are those that:
- relate to Local or Structure Plan policies;
- relate to government advice;
- criticise the design, appearance or general impact;
- complain of significant overlooking, loss of privacy or overshadowing;
- raise traffic concerns;
- complain of noise, smell or other pollutants;
- harm local landmarks or public views.
Comments that would normally not be considered are those pertaining to:
- loss of a personal view from a particular property;
- loss of property value;
- any difference in the development to what the developer told you personally he was intending;
- breach of convenant, or title deed restrictions (which are private matters);
- doubt over the integrity of the applicant or their past performance in complying with planning conditions;
- objection to the principle of a development, when an outline planning permission exists.
Not all comments considered will carry equal weight, which are weighed against each other and against government advice and policies. Applications cannot be refused simply because a large number of people object; sound planning reasons alone can result in a refusal.
Planners will often try to negotiate a better solution but, as long as the submission is acceptable, they cannot refuse a proposal on the grounds that they would prefer to see a different scheme.
What happens to my letter?
Under the Access to Information Act, anybody – including the applicant – can read any letters submitted once the decision has been made or the committee report published. Some councils publish redacted letters online during the process.
If the council refused permission for the proposal, the applicant might appeal to the Secretary of State. You should be invited to send comments to the inspectorate that deals with appeals. If a hearing or inquiry is to be held, you should be told and will normally have the opportunity to have your say. The inquiry will always be held locally.
I’m not happy about the council’s decision
The planning system does not allow you to appeal against the council’s decision to approve a proposal. However, in exceptional circumstances, the Secretary of State can intervene before the council makes its decision. Normally this would only apply to major developments.
If you are not happy that the council has properly taken everything into account to make a decision, you can ask for the matter to be investigated internally under the council’s complaints procedure or externally by the local government ombudsman (their website provides details of what can and can’t be considered).
Planning is a complicated business; if you are in any doubt how to proceed, ring your local planning office.