Comment on a planning application
What you can comment on
Only comments relating to 'material planning considerations' can be taken into account.
Previous planning appeals and legal decisions have established that some matters can't be taken into account in planning decisions. This can be frustrating as there are concerns that you may have about a proposal that we are not allowed to consider.
Common examples of material planning considerations are:
- if the application meets with relevant policy
- if the application meets with relevant advice
- the number, size, layout, siting, design and external appearance of buildings
- impact on the neighbourhood of an area and if the proposal would harm the character or amenity of the area
- impact on the amenities of adjoining properties in terms of privacy and daylight (e.g. overshadowing or overlooking). If you feel you have a 'right to light', you can take private legal advice, but this is not a matter that we can take into account
- the effect on traffic, road access and visibility, parking and highway safety
- the appropriateness of the proposed land use (e.g. the conversion of a house in a quiet residential street to a shop or restaurant)
Listed buildings and conservation areas
Comments on applications for Listed Building Consent or Relevant Demolition in a Conservation Area, must relate to the character of the building and the effect of the work to be undertaken.
Certificates of Lawful Development
Likewise, comments on applications for Certificates of Lawful Development (Existing or Proposed) can only be made on the facts and evidence of the case, not on its planning merits.
Non material considerations
We can't take 'non material' considerations into account. These include, but are not limited to:
- whether the applicant intends to carry out the proposal. The applicant is still entitled to a decision even if they do not intend to proceed with the development
- competition between similar businesses
- cost of the scheme
- loss of private views over other land
- loss of the ability to maintain property
- the application is retrospective. If the development has been built without approval, we must look only at its planning merits, not that the developer has started without consent
- moral objections (e.g. to a betting office or an amusement centre)
- objections based on the race, age or sexual orientation of the applicant
- the effect on the value of property
- rights or obligations contained in property 'title deeds'
- conflict between neighbours. It is only necessary to establish whether the proposal would affect amenities and uses that should be protected in the public interest
- compliance with other controls, such as Building Regulations and The Party Wall Act
- duplication of other controls. If a matter can be controlled under other legislation, it should not be considered as part of the assessment process. This includes matters controlled under Environmental Protection legislation, litter, anti-social behaviour in public places, etc
Last updated 22 May 2023