What is Planning? 

“the carrying out of building, engineering, mining or other operations in, on, over or under land, OR the making of any material change in the use of any buildings or other land”. Town and Country Planning Act 1990 s.55

The role of parish/ town councils in planning 

Encouraging PCs (and councillors) to become more involved in the planning system:

·        Parish/ Town Councils (PC) are statutory consultees in the planning process and must be informed of all planning applications, and any amendments to those applications, within the parish. 

·        new powers e.g. Neighbourhood Plans, Neighbourhood Development Orders, Neighbourhood Priority Statements

·        financial inducements (e.g. bigger share of CIL)

·        new requirements e.g. on developers to consult

·        encouraging and making it easier for you enter into pre-application discussions (including changes to pre-determination) etc.

·        Representative role for their community

·        Eyes and Ears on the ground who can shed light on how a particular development will impact the community.

The Town and Country Planning (Development Management Procedure) (England) Order 2015

Representations by parish council before determination of application

25.—(1) Where the council of a parish are given information in relation to an application pursuant to paragraph 8(1) of Schedule 1 to the 1990 Act (local planning authorities: distribution of functions)(1), they must, as soon as practicable, notify the local planning authority who are determining the application whether they propose to make any representations about the manner in which the application should be determined, and must make any representations to that authority within 21 days of the notification to them of the application.

(2) A local planning authority must not determine any application in respect of which a parish are required to be given information before—

(a)the council of the parish inform them that they do not propose to make any representations;

(b)representations are made by that council; or

(c)the period of 21 days mentioned in paragraph (1) has elapsed,

whichever occurs first; and in determining the application the authority must take into account any representations received from the council of the parish.

What does the Local Planning Authority take into account in reaching its decision?

The Local Planning Authority must weigh all of the interests, evidence and other matters brought to its attention in deciding whether to grant a planning application.  The means it has to balance the potential harms against the potential benefits in each case. The parish council, however, is one voice among many and the comments do not have more weight than other interests and comments.   To reach its decision the Local Planning Authority  has to take into account

National policy

·        National Planning Policy Framework (NPPF)

·        Planning Practice Guidance

·        Planning Policies 

District/County policies

·        Local Plan (incl emerging)

Neighbourhood policies

·        Neighbourhood Plans

·        Village Design Statements

·        Design Codes

·        Neighbourhood Priority Statements/ Street Votes/NDOs

The Local Planning Authority cannot take into account Non-Material Considerations, such as;

·        History / character of applicant

·        Personal circumstances

·        Land ownership

·        Impact on individual

·        Commercial considerations

·        Impact on property value

·        Matters of decency or taste

·        Matters covered by other legislation

·        Private issues e.g. access

·        Number of representations (ish)

·        Disturbance during development (ish)

Planning law and case law has established that the Local Planning Authority can only take into account Material Considerations, such as;

·        Layout, density 

·        Overlooking/overshadowing/loss of outlook

·        Wildlife/wildflowers/trees/agricultural land

·        Heritage assets

·        Access/traffic

·        Local economy/Jobs

·        Preserve community life 

·        Design/appearance/materials

·        Noise/smell

·        AONBs and other ‘sensitive’ locations

·        Climate change

·        Crime/anti social behaviour

·        Planning history/Cumulative impact

This list is not exhaustive.  There is not a definitive list as the law is often established by the courts so something may be material in a particular context.  

What should Parish/ Town Councils do when they consider a planning application?  

·        Is the application accurate? You know about the area!

·        Are features like footpaths, trees, hedges and boundary fences shown? 

·        Are maps up-to-date? Are all nearby properties marked? 

·        Does the application correctly describe how the site has been used in the past?

·        How well would the development fit into its surroundings? 

·        Would it blend in, dominate or provide a welcome contrast? 

·        Sympathetic design? - Alignment of roofline, pitch & materials affect impact

·        If it’s a large scheme - how will it affect the local area? 

·        Does it meet a real need in area – e.g. housing (incl affordable) or small business units?

·        How well connected would it be to local services?

Planning Obligations

Development should not be a burden on the community in which it takes place so obligations to contribute to other infrastructure costs may be possible, such as

·        Section 106 Agreement 

o   Community Infrastructure Levy 

o   New Single Infrastructure Levy

·        But can’t make a scheme unviable

·        ‘Other’ – new homes bonus, Biodiversity New Gain inshore wind turbines etc.

The role of the Parish/Town Councillor 

·        Take a long term view what is best for the community

·        Approach with an open mind (not a closed one) - willing to listen to all views

·        Avoid bias: predisposition (likely to behave in a particular way) v predetermination (mind already made up and closed to any other perspective - this may be found to be unlawful)

·        Take into account views of community (many) and applicant (one).  The number of objectors to an application does not necessarily count - it is the substantive material                     considerations raised that are important. Those may be dealt with through conditions and planning gains such as S.106 and CIL funds.  

·        Try to be consistent in the decisions made by the council

·        And prepared by reading the application and other documents and considered the facts before the meeting starts so you can take part in the debate

·        Like a jury can only base decisions on evidence presented – do not make assumptions if it is not stated. 

·        Parish/Town Council comments should be short and objective giving clear facts and information about the council’s view – emotional, melodramatic and unprofessional comments will probably undermine the weight given to the decision and comments.

·        Remember the Councillors Code of Conduct and uphold the Nolan Principles - Seven Principles of Public Life

·        The Parish/Town Council is a consultee, eyes and ears but is not a decision maker.

     Be aware that a planning applicant can use the statements and behaviour of individual councillors as part of their appeal against a Local Planning Authority's decision, for example, statements made on social media, TV, press, in meetings and to the community.  If the Planning Officer had given sufficient weight to the parish council's opinion and comments the planning applicant may wish to show that the parish council's decision and/or comments were unlawful, predetermined and biased and should not have been given that much weight in the decision - this could result in the Planning Authority's decision being overturned.  

Useful sources of information 

·        Your Local Planning Authority website (local plan, conservation areas, TPOs etc.)

·        Government (national planning policy & guidance etc) (https://www.gov.uk/government/collections/planning-practice-guidance )

·        Government’s Planning Portal (does it require planning permission etc.) (https://www.planningportal.co.uk/info/200130/common_projects/17/extensions )

·        Heritage Gateway (national and local heritage assets) (https://www.heritagegateway.org.uk/gateway/ )

·        Magic (natural environment) https://magic.defra.gov.uk/

·        LALC/NALC/SLCC - https://www.slcc.co.uk/advice/ ; https://www.nalc.gov.uk/

·        Royal Town Planning Institute – Planning Aid https://www.rtpi.org.uk/need-planning-advice/planning-aid-england/