Commenting on Planning Applications
The Borough Council is required under the provisions of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (the Order) to publicise planning applications. The Order specifies the ways in which different types of applications must be publicised.
Details of how applications are publicised can also be found in the Council’s Statement of Community Involvement. For the majority of applications, the method of publicity will involve the display of a site notice and/or notification by letter addressed to the owner/occupier of properties adjacent to/near the application site. If a subsequent application for a similar nature of development is submitted involving the same site, we will also notify anybody who commented on the earlier application.
The Order requires that a period of not less than 21 days from the date of notification of an application, whether by letter or site notice, is given for the submission of comments. At Rushcliffe Borough Council, we will still accept and consider comments submitted after the 21 day period. However, failure to submit comments within the 21 day period, or in a timely fashion, may prejudice the chance for comments to be taken into account. Only relevant comments can be taken into account, these are referred to as material planning considerations. Examples of material planning considerations include the following:
• How the application complies with national and local planning policies and guidance from central government
• Whether there are any other issues or planning constraints affecting the site, such as flood risk, contaminated land, conservation areas, listed buildings etc
• How the development fits in with its surroundings
• Design and appearance
• Traffic generation
• Use/activity to be carried out
• Nuisance e.g. noise
• Contribution to any significant local, national or international objective
• Previous appeal decisions
• Compliance with Central Government's National Planning Policy Framework
• Central Government guidance in the National Planning Practice Guidance.
Matters which are not material planning considerations include:
• Personal circumstances of the applicant
• Private rights and covenants
• Boundary disputes/ownership matters
• Other legislation such as the Party Wall Act
• Protection of a view
• Property values/financial loss.
The best way to submit comments on an application is by using the planning online pages on this web site. Comments may also be submitted by post addressed to the Civic Centre. All representations, whether submitted on line or by letter will be displayed on the Borough Council’s web site. In accordance with the requirements of the data protection act, personal details (email address, telephone numbers and signatures) will be redacted before the representation is displayed on the web site. Representations will not be accepted by social media, e.g. Facebook, twitter etc. Such comments cannot always adequately identify the person submitting comments or where they live in order to attach appropriate weight to the issues raised. Similarly, anonymous comments submitted by email or letter may be given less weight.
Notification of the decision will be given to persons who made representations on an application in a manner reflective of the way those comments were made, e.g. where comments are submitted by email, the notification will be made by email.
There is no statutory requirement to notify interested parties when an application is due to be considered by the Planning Committee. Interested parties may wish to monitor the application through planning online and agendas will be published and displayed on the web site at least five working days before the date of the committee meeting.
Where an application is due to be considered by the Development Control Committee, comments from residents and other interested parties will be summarised in the committee report. Because it is necessary to finalise the committee agenda around 10 working days prior to the committee, comments received after the agenda has been finalised will be reported to Members of the committee in a Schedule of Late Representations. However, comments received at the Council offices after noon on the working day prior to the day of the committee will not be taken into account and will not be reported to the Committee.