Planning Considerations

Question

Communities and Local Government have an advisory list of Material Planning Considerations. Our own Councillors have been given this list. It is quite lengthy and I will not repeat it here. However those of our Councillors who are also District Councillors (the Planning Authority) often do not comment as they state their position will be compromised (Objections from Monitoring Officer perhaps)  when it comes before the Districts relevant Planning Committee or "Full" Council..

Can anyone advise: are the criteria for comment of say a "Housing Estate" different for a Parish/Town Councllor to those of a District Councillor?  I had often assumed that Parishes could comment on the wider impact of a development 9Roads, Drainage, water supply etc) whilst for a District Councillor they were mainly confined to the site itself.

Answer 1

That's quite a subtle issue! In principle, both parish and district councillors are restricted to comments that raise factors that are planning considerations. You're probably familiar with this. Some are quite general, such as planners do not decide whether a project is commercially viable or will affect local competition. Others are local, by virtue of the policies in place for the district. Comments that are not planning considerations should be disregarded when the decision is made.

But the reality is that decisions are made by human beings, and they may well be affected by any of the arguments that have been raised. This may apply more to councillors than officers. Clearly there need to be some planning considerations to support a refusal, or it will be easily overturned on appeal and incur costs for the planning authority. Or a perverse permission could be subject to judicial review. But if the considerations are at least somewhat balanced, there is scope to take account of local opinion and such like, even though this is not done overtly. Who knows exactly what determines a councillor's vote?

Comments

Thanks for your reply.

One list of valid comment issues, given to Town Councillors.
Planning Applications: Valid Comment
by Town Council: As (Statutory) Consultees)

•Council Can State and advise:
oComment/No Comment
oObjections/No objections
•Council Cannot State: Approval/ Disapproval

Valid & Material Considerations
Loss of Light/Overlooking: Loss of Privacy
Visual Amenity (but not loss of privacy)
Adequacy of Parking/Loading/Turning
Highway Safety: Traffic Generation
Noise and Disturbance (from continuing use)
Hazardous Materials/Smells
Loss of Trees
Effect on Listed Buildings (and additionally in Conservation area)/Layout & Density of Buildings
Design & Appearance & Materials
Landscaping: Listed Views: Road Access
Local, Regional and National Planning
Disabled Persons Access
Compensation & Awards
Proposals in the Development Plan:  Previous Planning Decisions
Biodiversity and Nature Conservation! Archaeology
Maybe but not normally Valid
Loss of View
Impact of Construction Work
Restrictive Covenants
Ownership Dispute (Rights of Way)
Fence Lines/Boundaries
Personal & Moral (the Applicant)

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That's a useful check list, thanks. A parish council can, in addition, make comments that relate the application to the local plan, or to a neighbourhood plan if one exists (as can anyone else). The obvious difference is the point that a parish council doesn't have the power to approve (or not) an application, so use of that term is inappropriate.