Guidance Notes for Neighbours
 
 
YOU HAVE AN OPPORTUNITY TO SPEAK AT YOUR COUNCIL’S DEVELOPMENT CONTROL COMMITTEE MEETINGS Who can speak at the meeting? People who wish to object to, or support an application. Please read all of this leaflet which describes the procedure in detail. What items can I speak on? Applications for planning permission, and similar applications, e.g. those for listed building consent, which form the Schedule of Applications for Determination. Usually Councils does not permit the public to speak on enforcement matters or other items not on the schedule of applications. Speaking can only take place at the Council’s Development Control Committees. How can I find out when an application will be considered? Telephone the the council to find out the date when the application is likely to be considered. An application is not normally reported to Committee within 4 weeks of its receipt. More complex and contentious applications sometimes do not reach Committee for several months. Applications are sometimes advanced or delayed as information becomes available and if you are interested, as an objector for instance, in speaking, it is important that you keep in contact with the council to find out the likely date of consideration. Please note that about 10% of the planning applications councils receive are considered by Committee; the rest are decided by the Head of Development Control under delegated powers. In deciding these applications the account will be taken of all views received in writing. Do I need to attend the meeting to make my views known to the Committee? No, and you may not wish to if the Officers’ recommendation is the same as your view. In any event, if you put your views in writing, the council will report them to Committee before a decision is made. Please note that we normally summarise the points made in letters, and do not report them in full; they do not circulate letters received to Members. Your representation will be taken into account when the application is being dealt with, but it should be noted that such representation is open to public inspection in accordance with the provisions of the Local Government (Access to Information) Act 1985, even if marked Private and Confidential. Can I use photographs or other materials to illustrate my points? No, as this will tend to disrupt proceedings, and you will not be allowed to circulate materials at the same time as you speak. How do I arrange to speak at the meeting? Simply be there 15 minutes before the start of the meeting to register your wish to speak on the relevant planning application. Before the meeting starts an Officer will speak to the members of the public present and ask them which applications they are interested in. We advise you, if several people are interested, that you should agree, before the meeting, that one person will speak for everyone. If this does not happen (or you cannot agree) then the council will have to decide who should speak. In deciding who should speak in favour of the application, the applicant will be given precedence over supporters.  What will happen when my item is considered? The following order will usually apply:
  • An objector is allowed to speak – please note that they usually only allow one person to speak - for up to 3 minutes - The applicant (or representative) or supporter can speak - also for up to 3 minutes. The Planning Officer makes his or her report, adding to, updating and illustrating the written report already circulated to Committee Members. The Members of the Council who make up the Committee debate the matter (and may request further information of the Planning Officer) before coming to a decision.
Please Note:
  • You will be required to stop speaking if you exceed the time allowed. Speakers will not be permitted to ask questions; Committee Members will not be permitted to ask questions of those speaking. You will also be asked to say who you represent. The consideration of an application will not be delayed simply because someone who wishes to speak is unable to attend the meeting.
What can I say at the meeting? You can say whatever you like provided it is a statement of fact or opinion, but your words are likely to have the greatest impact if you:
  • Are brief and to the point Limit your views to the planning application Confine yourself to relevant planning issues.
Planning Issues Examples of relevant planning issues:
  • Planning policy, e.g. the local and structure plans, other local planning policy, Government guidance, case law, previous decisions of the Council. Design, appearance and layout. Impact on visual or residential amenity, including possible loss of light or over-shadowing, loss of privacy, noise disturbance, or smell or nuisance. Impact on trees, listed buildings or a conservation area. Highway safety and traffic.
Examples of issues which cannot be taken into account:
  • Private property rights - boundary or access disputes, restrictive covenants, rights of way, ancient rights to light. Effect on property values. Personalities, or an individual’s motives. Matters covered by other legislation for example Environmental Health or Licensing laws. You should not make derogatory or defamatory statements as there is no legal protection for comments made by the public.
Will a decision be made at the meeting? Most applications considered by Committee are decided at the first Committee meeting. However, some could be:
  • Deferred to a future meeting for more information to be obtained or for negotiations to take place; Deferred for a “cooling off” period of one meeting when the Committee resolve to approve an application which is contrary to the Local Plan.
In both cases, you will be entitled to speak at the second or subsequent Committee meeting.