Planning - How to get started

Starling with worm in its beak - image by Jon Hawkins

Jon Hawkins

Start early for the best chance of success

Responding to a planning application - Getting started

When you are aware of a planning application that you think may cause harm to nature – start early and ensure that you gather all the relevant facts together before you start to build a case. 

The planning process can be complex but understanding the planning framework against which all decisions must be taken will really help you to put together a strong case in support of or against a proposal. 

A hand picking an apple from a tree

A person picking an apple from a tree © Gavin Dickson

Find the application and check the deadline

Concerned about a development near you? Start by finding the planning application. This will show you what is proposed, the information provided by the applicant and when you need to comment.

Find the right planning authority

Most planning applications can be found online through the relevant local planning authority website (usually your district, borough or unitary council). Within Dartmoor and Exmoor National Parks, the National Park Authority usually deals with planning applications. Some proposals, including minerals and waste developments, are handled by a different authority.

Use the Planning Portal’s planning authority finder if you are unsure where to start.

 

three men plant surveying in summer grassland

Search for the application

Visit the authority’s website and look for “Search planning applications”. You can usually search using:

  • The application reference number.
  • The site address or postcode.
  • A street name or keyword.

Some websites also offer a map search. If you cannot find the proposal, ask the planning department for help.

 

measuring a dead cetacean

Check these details first

Before reading the reports, make a note of:

  • The application reference: include this whenever you contact the authority.
  • The proposal: what would be built or changed?
  • The application type: is it a full application, an outline application or a later stage dealing with particular details?
  • The status: is the authority still considering it, or has a decision been made?
  • The deadline: when must comments be received?
  • How to comment: use the authority’s published instructions.

The application type matters because some decisions may already have been made. For example, a reserved matters application deals with details following an outline permission.

Submit your comments by the published deadline. 

If it has already passed, contact the case officer promptly to ask whether comments can still be considered.

Further help

Here you will find further information that will help you take the first steps to respond to a planning application 

Which documents should I read?

Start with the location plan and proposed layout. These show the site boundary and where buildings, roads and other changes are proposed.

Then look for documents covering your wildlife concerns. These might include:

  • An ecological appraisal or ecological impact assessment. These reports are often prepared by a professional ecologist and should describe the habitats and species present on the site, drawing on existing records and ecological surveys. It should include an assessment of the likely impacts of the proposed development on wildlife, and set out measures to avoid, reduce or compensate for those impacts.
  • Surveys for particular species.
  • Tree and hedgerow reports.
  • Lighting, drainage and landscape plans.
  • Biodiversity net gain information, where required.

Understanding key points about the planning process

Some key points about the planning process that are worth understanding are:

  • Planning applications must be decided in accordance with the development plan, unless material planning considerations indicate otherwise. The development plan may include Local Plan policies, site allocations, neighbourhood plans and other adopted development plan documents. The National Planning Policy Framework (NPPF) is an important material consideration. 
  • Where a site is allocated for development in an adopted Local Plan, the principle of that type of development has already been established through the plan-making process and the local planning authority cannot consider ‘in-principle’ objections to the development. Objections can still be made, but they are likely to carry more weight if they address matters such as the layout, design, scale, access, ecological impacts and proposed mitigation.
  • The local planning authority must consider the benefits and adverse effects of a proposal, taking account of relevant planning policies, legislation and other material planning considerations.
  • Planning decisions take account of economic, social and environmental considerations. The weight given to each will depend on the circumstances of the application and the evidence provided. It should not be assumed that environmental harm will carry less weight simply because a development would provide economic or social benefits.
  • Planning permission may be subject to planning conditions intended to make the development acceptable in planning terms. 
  • Planning obligations may also be used where appropriate. These are commonly referred to as ‘section 106’, ‘s106’ or ‘developer contributions’.
  • If an application is refused, granted subject to disputed conditions or not determined within the relevant period, the applicant may have a right of appeal.
  • If an application is approved, third parties such as local residents do not normally have a right of appeal against the decision. A legal challenge may be possible in limited circumstances, but it considers whether the decision was made lawfully rather than reconsidering the planning merits of the proposal.

 

Key terms - What are ‘material considerations’?

Material considerations are planning matters that can be taken into account when deciding a planning application. They must relate to the development or use of land and be relevant to the particular proposal. Planning decisions must be made in line with the development plan unless material considerations indicate otherwise. 

Material considerations may include:

  • national and local planning policies.
  • effects on wildlife, habitats, trees and designated sites.
  • design, layout, scale and appearance.
  • landscape and visual impacts.
  • highway safety, traffic and parking.
  • noise, air quality and other effects on people’s living conditions.
  • flood risk and drainage.
  • effects on heritage assets and archaeology.
  • climate change and sustainability.
  • infrastructure and local services.
  • previous relevant planning and appeal decisions.

This is not an exhaustive list. The considerations that are relevant, and the weight given to them, will depend on the individual application and the evidence available.

Matters that are not normally material planning considerations include:

  • loss of property value.
  • loss of a private view.
  • private disputes between neighbours.
  • land ownership or boundary disputes.
  • restrictive covenants.
  • the identity, character or motives of the applicant.

 

Key terms - What is ‘weight’ in planning terms?

‘Weight’ is the importance given to a material planning consideration when a planning application or appeal is decided. Different considerations may be given different weight depending on their relevance, significance and the evidence available

Planning decisions should be made in accordance with the development plan, which includes adopted Local Plan policies, unless material considerations indicate otherwise. The National Planning Policy Framework (NPPF) is an important material consideration and sets out national policies for making planning decisions in England. 

Local planning authorities and Planning Inspectors must use their professional judgement to balance the benefits and adverse effects of a proposal and decide how much weight to give each relevant consideration.

 

 

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