Planning Practice Note:
Making representations on planning applications
INTRODUCTION
South Shropshire District Council as Local Planning Authority (LPA) is committed to continuous improvement to its services through "Best Value" initiatives. This is one of a series of PlanningPractice Notes intended to help provide the highest possible quality of service to applicants for planning permission and the general public.
THE LEGAL BACKGROUND
Under Article 19 of the Town and Country Planning (General Development Procedure) Order 1995, the LPA is obliged to take into account any representations made about planning applications. Owners or tenants of the application land are specifically mentioned in the Order as are representations arising from publicity for the application.
WHAT IS A REPRESENTATION?
There is no legal definition of 'representations', but the word is generally taken to mean a written communication:
- supporting,
- objecting to, or
- commenting on
- a planning application or application for other planning related consent.
WHAT DOES 'TAKEN INTO ACCOUNT' MEAN?
The expression 'taken into account' means that a matter must be given proper consideration. In many cases the material planning considerations do not conclusively support the granting or refusing of planning permission. The LPA must therefore consider the weight to be given to each material consideration according to the circumstances of the case. The LPA may consider that a particular material consideration should be given more or less weight than other considerations. In doing so it has 'taken into account' that consideration.
WHAT TYPES OF APPLICATION ARE PUBLICISED?
The Regulations provide for different types of publicity for different types of application (see BVPN 65). The Council goes beyond the scope of the Regulations by publicising all applications under the Planning Acts through:
- inclusion on a weekly list of applications;
- the Council's website: www.southshropshire.gov.uk
- a notice displayed on the site;
- consultation with the Parish or Town Council.
Neighbour notification
The Council does not notify neighbours of planning applications. In a rural area, site notices and word of mouth are considered to be a more cost-effective way of ensuring that the community hears about applications, because this allows many more people to be informed of the application.
MAKING REPRESENTATIONS ON PLANNING APPLICATIONS
Representations on planning and related applications should be made:
- in writing;
- as soon as possible, but no later than the date show on the site notice or other publicity;
- quoting the application number which appears on the publicity;
- to The Head of Planning
South Shropshire District Council
Stone House
Corve Street
Ludlow SY8 1DG
or by fax to: (01584) 813128
or by e-mail to: planning@southshropshire.gov.uk
Representation made in this way will be taken into account in the decision. It is not necessary to type or word-process your letter, but please make it legible.
UNACCEPTABLE REPRESENTATIONS
Oral representations
Oral representations are unacceptable because they cannot be referred to subsequently. Planning decisions and the reasons for them are matters of permanent public record. Transparency of decision making cannot be maintained if any of the background material is not written down and available to the public. If you have a disability which makes writing difficult, you can ask a friend to help you, or ask at planning reception for assistance.
Confidential representations
Confidential representations are not acceptable for the same reasons that oral representations are. Any representations marked 'confidential' will be returned with a request that they be worded in such a manner as can be made public.
Representations referring to previous correspondence.
Representations are unacceptable when they refer to previous correspondence or representations:
- about previous applications on the site;
- applications on other sites.
This is because it is often difficult to identify the previous correspondence or accurately understand its relevance to the new proposal. If you wish to refer to previous correspondence you must enclose a copy of it.
Anonymous representations
Anonymous representations are unacceptable because the LPA has to be able to:
- understand the context of the representation;
- verify any statements made in it.
Racist, libellous or offensive representations
Representations that are racist, libellous or otherwise offensive are unacceptable. The Council has a policy of recording and reporting to the Crime and Disorder Partnership, any form of incident that is perceived to be racist, either by a witness of the incident or the victim."
GUIDELINES FOR REPRESENTATIONS
Make sure you understand the application
Examine the plans carefully. If there is anything you do not understand please ask for officer advice. Representations that are based on a misunderstanding of what is proposed are unlikely to carry much weight.
Be concise
Letters of representation are summarised in the case officer's report. The summary will consist only of the planning-related points you have made. There is no need to describe the development in general or be otherwise elaborate. A simple list of points is quite sufficient.
Be specific
Try to be specific about the aspects of the proposal that concern you and those which do not. This may help us to ask the applicant for alterations to the scheme to make it more acceptable or impose suitable conditions.
Be fair and truthful
You may state your opinion, but do not say anything in representations which is untrue or cannot be substantiated, as this may undermine your case.
WHAT IS RELEVANT?
Planning decisions have to be based on planning issues. These include:
- the policy and proposals in the Local Plan;
- the character and appearance of the proposal, particularly in relation to the landscape or townscape of the are (but not views from individual properties - see below);
- the effect of the proposal on the general amenity of the area;
- privacy, overlooking and over-dominance;
- access, parking and traffic generation;
- environmental issues such as:
* air or water pollution;
* drainage;
* noise.
WHAT IS NOT RELEVANT?
Planning decisions cannot be based on matters that are not relevant to planning. These include:
· land or property values;
· the protection of views from specific property or properties;
· existing environmental or other problems that are nothing to do with the development;
· disputes about property ownership or rights of access;
· any other disagreement between neighbouring property owners.
PUBLIC SPEAKING AT COMMITTEE
In certain circumstances members of the public who have made representations on planning applications may make their concerns known orally to the Development Control Committee which considers the application. Please see BVPN 70 for details. All representations are given careful consideration whether or not anyone elects to address the Committee.
PLANNING DECISIONS
Planning decisions must, by law, be made in the light of all the material planning considerations. There are usually other material considerations in addition to representations from members of the public. It is not therefore possible to say what outcome of an application may be before it is decided by the Officer or Committee making the decision. Neither Officers nor members are able to give assurances on the outcome of planning decisions.
CONTACTS
For further information please contact Planning Support Tel: (01584) 813000.
© Copyright South Shropshire District Council,
Stone House, Corve Street,
Ludlow, Shropshire, SY8 1DG.
Tel: (01584) 813000
Fax: (01584) 813128
e-mail: planning@southshropshire.gov.uk
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