Planning Matters
What powers does Stanley and Stanley Common Parish Council have with respect to planning applications?
Stanley and Stanley Common Parish Council (PC) is consulted by the relevant Planning Authority (which is usually Erewash Borough 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.
Stanley and Stanley Common 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.
- 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 if it can demonstrate a need.
- The decision as to whether this is granted rests solely with the planning authority and it’s own deadlines for decision making.
How do parish councils comment on planning applications?
- Prior to the full Parish Council meeting members of the PC will study the plans, forms and details submitted with the application carefully and can request the views of the statutory bodies e.g., English Heritage, Environment Agency, Highway Authority, etc.
- Parish Councils can only agree to comment on planning applications in properly called council or committee meetings, which the public can attend.
- Members of the public attending the meeting can comment, speak in support of or object to any application during the ‘Open Forum’ segment of the meeting, but not during the council’s deliberations later. However, they may be asked to provide clarity on details of the application during the PC’s deliberations at the invitation of the person chairing the meeting.
- 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 and holds no extra weight or degree of importance.
- Parish councils are statutory consultees and have no powers to approve or reject planning applications, they can only choose to comment or not on applications.
- Without advice from residents on areas of concern, the members of the PC will give their own opinions. Residents should contact the Parish Clerk with their concerns in writing via letter or email parishclerk@stanleyandstanleycommon-pc.gov.uk.
- Should there be widespread objection, or support, for a proposal, in addition to the PC comments, the PC will always urge members of the public to send their own individually written letters or e-mails direct to the planning authority (in their own words rather than a circular type as these are more effective)
Whilst the local planning authority must consider the representations of the Parish Council this does not mean that an application will be decided in accordance with the views of the PC. In reaching a decision, the local planning authority is required to weigh up all issues associated with an application and comments made by the PC may have insufficient weight to enable the application to be determined in line with the wishes of the Parish. Any comments or objections made must have a genuine material planning consideration (see below) and matter of relevance to the development.
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 that 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
When the Parish Council response is ‘NO OBJECTION’ it is satisfied that all the above have been considered carefully and applied to the application under consideration so has no area for objection. However, the Parish Council may make recommendations for planning conditions to be added to the application should the local authority grant approval.
Planning conditions will only be imposed by the local authority where they are: –
- Necessary
- Relevant to planning and to the development to be permitted
- Enforceable
- Precise
- Reasonable in all other respects
Planning Decisions
Around 95% of all decisions on planning applications are decided by the planning authority case officers without being reported to a Planning Committee.
Planning officers make a recommendation to the Principal Officer with delegated authority to make decisions. The case officer’s recommendation may or may not be accepted and the decision is not made until the formal Notice of Decision is signed by the Principal Officer.
Alternatively, any member of the Planning Committee may request an application is determined by the Planning Committee prior to the consultation expiry of the application for the following reasons. The application is:
• a major development.
• has an exceptional level of public interest.
• likely to raise in debate on planning issues.
• Where the applicant (or their spouse or partner) is an employee or a member of the Local Council.
• Where the decision would be significantly contrary to policy in the Local Plan.
• Where the Local Council is the applicant.
Parish objections where the officers are recommending permission does not include:
• domestic extensions.
• lawful development certificates.
• works to protected trees.
Planning applications for Stanley and Stanley Common Parish can be found by visiting
https://www.erewash.gov.uk/for-you/planning.html
