Role of PC in Planning Process

The role of the Parish Council in the Planning Process

Hankerton Parish Council is consulted by Wiltshire Council in respect to all planning applications in the parish of Hankerton.  Note that we are only one consultee among others – and any resident can – and should, if they have a valid comment to make, whether in support or in objection – make their comment direct to Wiltshire Council.

 

Hankerton PC will consider all planning applications in a PC meeting.  The date by which responses have to be submitted is set by Wiltshire Council and the Parish Council will have to ask for an extension if the due date is before the next PC meeting. If the due date cannot be extended the PC will have to arrange an additional meeting.

 

Parish councils are statutory consultees and have no powers to approve or reject planning applications.   Generally Hankerton PC will submit one of 3 observations: No Objection, or Objection, or occasionally just Comments. If Objecting reasons must be given.

 

Any views expressed by the Parish Council will be taken into account by Wiltshire Council before a decision is made, providing the points made are relevant to the determination of a planning application. The decision is typically made by a Wiltshire Planning Officer acting under delegated powers of Wiltshire Council. Complex and controversial applications may be decided by Wiltshire Councillors at a council Planning Meeting.

 

The process is exactly the same as that of an individual wishing to comment on a planning application.

 

Residents are encouraged to respond direct to Wiltshire Council on a planning application if they wish to, but they should note that the following are relevant issues and non-relevant issues, as laid down in law, when responses are considered by Wiltshire Council:

 

 

Valid reasons for comment on a Planning Application

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 there would be a real danger that a proposal would inevitably lead to other inappropriate development (for example, isolated housing in the countryside) 

Invalid 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:

• Speculation over future use of the building or site
• The identity of the applicant or occupant
• Unfair competition generated by the development or the construction
• Boundary disputes which may be ongoing
• Breach of covenants and personal property rights, including personal (not Public) rights of way
• Loss of a private view
• Devaluation of property nearby
• 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