WITH THE SPATE of planning applications to fill our back gardens with houses, a frequently asked question is “What does the Council look at when it makes a decision on these applications?” It may help if the things considered to be “material planning considerations” are spelt out.
The mechanisms against which each of these material considerations is tested are the Council’s Development Management Plan, and the Government’s Planning Policy Guidance notes (PPGs), Government planning circulars and decisions on relevant planning appeals. If an application does not break any policy rules, it is granted.
Items NOT Material in Planning Considerations
Some things are not material planning considerations. The most important are:
Property value – The impact on the value of neighbouring properties is not a consideration
Loss of view – The loss of a view in itself is not a consideration
Civil disputes – For example, potential damage to party walls from new development, disputed boundaries
Covenants – Some old covenants on properties might not be able to be effectively enforced
Some civil matters and covenants may prevent a scheme from being built, but they will not prevent it getting planning permission
Items Material in Planning Considerations
The following items are material to all planning application:
Density – The number of houses to the hectare – a Government imposed minimum mostly 30 per hectare.
Size of development – Height and footprint of the proposed buildings
Relationship of proposed buildings to immediate surroundings – How close are they to other buildings? Do windows overlook existing houses? Do they dominate the houses next door?
Appearance – Design and materials used
Visual amenity – Would the street scene look better or worse?
Character – The character of the area
Roads – Road safety and the impact on traffic. This is often an area of contention as the Borough Council takes advice on roads from the County Council, and government instruction is to consider only the marginal additional impact of a new development on traffic volumes, and to presume that traffic keeps to the speed limits
Landscaping and open space provision
Trees – Existing trees which have Tree Preservation Orders (TPO)
Flood risk and drainage
Parking – Minimum Car parking provision
Infrastructure – Existing infrastructure
Access – Suitability of proposed access roads (width and visibility)
Impact on wildlife – Special rules apply where protected species such as badgers, bats or great crested newts live on or near the site
Rights of way – Existing public rights of way
Air quality – Existing noise levels and air pollution
Special circumstances – Such as listed buildings, green belt or countryside location, proximity of Sites of Special Scientific Interest, Conservation Areas (conservation of heritage not wildlife)
See more on Planning – How to Comment
PLANNING MATTERS
The planning system has a presumption in favour of development – The system assumes that applications will be granted unless it can be shown that there is a planning reason why they should not.
The Council is not your enemy – Developers submit planning applications, not the Council (or not normally!). The Council has to deal with those applications according to a set of rules which are largely laid down by the Government, and they have very little leeway. If the Council refuses an application, the developer can challenge that decision at appeal and get it overturned. If the Planning Inspector (appointed by the Planning Inspectorate in Bristol) who deals with the appeal believes the Council did not have good reasons to justify their position, he or she can impose costs on the Council, which come out of your Council Tax.
Corruption is extremely uncommon – Yes it can happen, but there are usually more obvious explanations for apparently bizarre decisions. They include: incompetence, including attention being paid; Government imposed rules, which the council has to obey (housing densities, housing numbers and car parking being the most common); and planning inspectors.
You do not have to fight on your own – Get in touch with your Borough Councillor and the Residents Association or form your own group with neighbours.
HOW ARE PLANNING DECISIONS MADE?
Decisions on extensions or just a single new house are normally made by Planning Officers at the Borough Council. For more extensive developments the application is decided by the Planning Committee of 15 councillors. One of your three councillors normally sits on the Planning Committee, which meets every four weeks. Residents can speak on applications – more details on the Council’s website.
The Councillor who sits on a Planning Committee is not allowed to express a firm view before the Committee meeting itself – this is known as “pre-determination”, and would invalidate the Council’s decision and invite penalties. Other ward councillors are more free to express their opinions in advance.
APPEALS
If an application is refused by the Council, the applicant can lodge an appeal with the Planning Inspectorate in Bristol. Unfortunately, there is no right to appeal for objectors, if an application is approved.
Developers review the grounds on which an application is refused in a great deal of detail. They will look to modify it to meet the specific grounds on which it is refused (whether by the Council or the Planning Inspector), and bring another planning application forward.