Questions &
Answers:
What powers does
Rockbourne Parish Council have with respect to planning applications?
Rockbourne Parish Council is consulted by the
relevant Planning Authority (which is usually New Forest District Council) on all planning applications. Any views expressed by the Parish Council will be taken into account by the
Planning Authority before a decision is made, providing the points made are relevant to the determination of a planning application.
The final decision is made by the Planning
Authority, not the Parish Council.
Rockbourne Parish Council will only comment on
what are known as “material considerations” – issues, for example, such as boundary disputes between neighbours or loss of views will not be considered.
Do parish councils
grant planning permission?
- Town and parish councils are not Planning
Authorities. Town and parish councils are only statutory consultees in the planning process.
- This means that they only have the right to be
informed of planning applications within the parish.
- They cannot approve or reject planning
applications.
- They can only comment on planning applications
in the same way that individuals can comment.
- Consequently the length of time taken to
determine a planning application is governed by the local planning authority not the parish council.
- A parish council can request that it be given
extra time to comment on an application.
- The decision whether this is granted rests
solely with the planning authority and its own deadlines for decision making.
How do parish
councils comment on planning applications?
- Parish councils can only agree to comment on
planning applications in properly called council or committee meetings which the public can attend.
- The comments agreed in the council meeting are
submitted in writing by the parish clerk to the relevant planning authority.
- The process is exactly the same as that of an
individual wishing to comment on a planning application.
- Parish councils are statutory consultees and
have no powers to approve or reject planning applications, they can only comment or not on applications.
Valid reasons for
comment on a Planning Application
Comments that are clear, concise and accurate
stand more chance of being accepted than those that are not. When planning applications are considered, the following matters can all be relevant. These are sometimes referred to as ‘material
planning considerations’:
- Central government policy and guidance - Acts,
Circulars, Planning Policy Guidance Notes (PPGs) etc.
- The Development Plan - and any review of the
Development Plan which is underway.
- Adopted supplementary guidance - for example,
village design statements, conservation area appraisals, car parking standards.
- Replies from statutory and non-statutory
agencies (e.g. Environment Agency, Highways Authority).
- Representations from others - neighbours,
amenity groups and other interested parties so long as they relate to land use matters.
- Effects on an area - this includes the
character of an area, availability of infrastructure, density, over-development, layout, position, design and external appearance of buildings and landscaping
- The need to safeguard valuable resources such
as good farmland or mineral reserves.
- Highway safety issues - such as traffic
generation, road capacity, means of access, visibility, car parking and effects on pedestrians and cyclists.
- Public services - such as drainage and water
supply
- Public proposals for using the same
land
- Effects on individual buildings - such as
overlooking, loss of light, overshadowing, visual intrusion, noise, disturbance and smell.
- Effects on a specially designated area or
building - such as green belt, conservation areas, listed buildings, ancient monuments and areas of special scientific interest.
- Effects on existing tree cover and
hedgerows.
- Nature conservation interests - such as
protection of badgers, great crested newts etc.
- Public rights of way
- Flooding or pollution.
- Planning history of the site - including
existing permissions and appeal decisions.
- A desire to retain or promote certain uses -
such as playing fields, village shops and pubs.
- Need for the development - such as a petrol
station
- Prevention of crime and disorder
- Presence of a hazardous substance directly
associated with a development
- Human Rights Act
- Precedent - but only where it can be shown
there would be a real danger that a proposal would inevitably lead to other inappropriate development (for example, isolated housing in the countryside)
Irrelevant reasons
for objection
There are certain matters which do not amount
to ‘material planning considerations’ under current legislation and guidance. These matters cannot be taken into account in considering a planning application and should not be included in objections
as they weaken your case:
- Speculation over future use
- The identity of the applicant or
occupant
- Unfair competition
- Boundary disputes
- Breach of covenants and personal property
rights, including personal (not Public) rights of way
- Loss of a private view
- Devaluation of property
- Other financial matters
- Matters controlled by other legislation - such
as internal space standards for dwellings or fire prevention
- Religious or moral issues - such as betting
shops and amusement arcades
- The fact that the applicant does not own the
land to which the application relates
- The fact that an objector is a tenant of land
where the development is proposed
- The fact that the development has already been
carried out and the applicant is seeking to regularise the situation. People can carry out development at their own risk before getting planning permission)
- The developer’s motives, record or
reputation
Other Matters –
“concerns and issues”
The person making a planning application has to
provide enough information for the application to be determined. They do not have to provide every single detail before an application can be approved because certain matters can be resolved by way
of conditions included as part of the permission.
Because of this, certain issues may not be
considered as ‘objections’ but it is entirely reasonable for you to raise concerns on such issues and to ask to be kept informed before they are approved. These include:
- The proposed type and colour of the materials
to be used
- The exact nature of any proposed planting or
boundary treatment
For further planning information please
visit: https://www.newforest.gov.uk/planning