Once a Planning Application has been submitted to and validated by the Local Planning Authority it becomes ‘live’. In accordance with the Council’s individual processes there will be communication with the local community to notify them of the application. This communication will offer an opportunity to express views on the proposal and might be carried out in a number of different ways including notices in the press, letters posted to your home and notices posted nearby to the site.
There are however only certain matters that will be accepted as ‘material planning considerations.’ It is important to focus any comments on these topics. The list below is a helpful guide if you are notified about an application and wish to make a representation or comment to the council:
Overlooking and Loss of Privacy
If an application proposes built form that may increase a relationship between two properties this might constitute overlooking or loss of privacy. Most Local Authorities will assess an application by measuring distances between buildings to make sure that any new development will not cause harm to any the living conditions of any occupiers.
Loss of Light and Overshadowing
If an application proposes new development which would create a building that is taller than the existing the Council will consider if this will potentially cause any harm to the occupiers of nearby buildings. Any development should not be constructed so close or built so tall to an existing property such that their enjoyment and amenity is affected.
Parking
Most Councils will have published Parking Standards on their website. These Standards will specify the required number of parking spaces for any application proposed. The Standards will vary depending upon the exact location of the development, the type of application and will also specify different types of spaces required e.g. HGV parking, accessible spaces and cycle storage.
Highway Safety and Traffic
In addition to the required number of spaces, a planning application will also have to demonstrate that vehicles can safely enter and exit a site and manoeuvre within it. Furthermore, proposals will also need to make sure that any additional traffic movements can be accommodated within the highway network. New junctions or changes to junctions will also need to safe and not cause harm to highway safety. Routes for other uses including pedestrians and cyclists will also be considered. Councils will prioritise the use of Public Transport and sustainable travel options.
Noise
For applications where additional noise might be generated particularly proposals which are for commercial/industrial activities the Council will often require detailed information relating to noise. Applications will be assessed on the grounds of whether any additional noise would cause harm to the living conditions of any nearby occupiers. The Council may impose conditions that should an application be approved the hours of operation might be restricted. The Council will usually seek technical advice from Environmental Health Officers or Regulatory Services to make sure that impacts from additional noise will be limited.
Heritage and Historic Considerations
If an application falls within a designated Conservation Area or relates to a Listed Building (or both!) or is close to these the Council’s specialist Officers will consider any impact. The Council may require particular materials be used to ensure that impact is minimised and will often request that additional details are provided to make sure that construction would not harm any historic buildings. If a local area has a special and unique appearance or layout the Council may also take this into account. The Council will also use mapping systems and historic records to consider archaeological matters to ensure that any proposed works are not harmful to sites of archaeological importance.
Layout and Density
Any application will need to make sure that there is not too much being constructed within a site. Proposals need to make sure they include enough space for circulation, gardens and landscaping. For larger schemes the Council will advise on the dwellings per hectare (dph) that should be delivered to make efficient use of more substantial sites
Design, Appearance and Materials
Most applications will usually need to specify how the proposal will appear once it has been completed. Other details that are required might include which materials will be used and what architectural features are included. The Council will usually try to make sure that any application is sensitive to the surroundings and would sit comfortably in the local area once built.
Accessibility
Applications for certain types of development will need to ensure that they are accessible for all groups of society including those with mobility issues and disabilities. Schemes will need to include provision for wheelchair users to live, work and socialise safely.
Historic Planning Decisions
The Council will take into account previous decisions for the site including decisions made by the Planning Inspectorate through the Appeal process. Officers will consider historic decisions to guide future outcomes in the interests of consistency and if they have been ‘tested’ through the Appeal process this will give weight in the determining any application. Whilst previous decisions will be taken in account it is important to be aware that Councils are clear that each application is considered on its own merits so if an application for a similar scheme nearby was approved it will not automatically mean that subsequent applications will have the same outcome. It can be helpful however to highlight any similar proposals if you have examples.
Planning Policies
Planning decisions will be made based on a variety of considerations and criteria but at the heart will be adopted national and local planning policies. At a national level the key document is the National Planning Policy Framework which is periodically updated and sets out the key themes, priorities and aspirations for development across the country. Locally, Council’s will have their own suite of documents which provide more detailed guidance which is particularly relevant to each Local Authority. There will be variations between the local priorities for each Authority depending on their specific characteristics and what their community needs. Officers will consider both national and local policies when making decisions.
Landscaping, Biodiversity and the Environment
Applications which could impact an existing landscape, trees or any protected species will be considered in-line with any Statutory protections. An applicant may need to provide detailed survey information to support an application and the Local Planning Authority will consider any potential harm. Many larger proposals will need to include landscaping as part of any submission to improve the visual appearance and offer wildlife opportunities. In some cases an applicant will need to provide additional biodiversity enhancement measures to add further chances for species to thrive. In many cases planning conditions might be added to any permission to control works during nesting/breeding seasons.
Flood Risk and Drainage
For larger applications and certain smaller schemes technical information will be needed to demonstrate how water will be managed and disposed of. National mapping systems set out flood zones and flood risks information which will inform what information is required. Drainage Consultants are often appointed to provide detailed information to demonstrate that water will be managed and development will not increase the risk of flooding elsewhere. In many cases an application will include on-site measures for dealing with water.
Conclusions
There are other considerations which the Council will consider as part of determining an application. These matters will depend on the site location, proposed works, constraints, any statutory consultees and and wider considerations which the relevant Council have applied.
Matters which a Council cannot consider
- Who the applicant is and their background
- Loss of views
- Impact on property values
- Loss of potential or current trade or increased business competition
- The strength or number of public representations
- Disturbance from construction noise during development
- Concerns from damage to property through construction
- Maintenance of property
- Civil matters such as boundary disputes, covenants or other property rights
- Public Rights of Way
- Personal circumstances and situations are generally not a material planning consideration
How to get in touch…
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If you think you need support with your project, we’d be happy to help.
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