How planning decisions weigh neighbour comments
After a local planning authority receives a planning application, it undertakes consultation so that views on the proposed development can be expressed. Anyone can respond to a planning consultation. The formal consultation period will normally last for 21 days, but the time for making comments is set out in the publicity accompanying the application.
The published consultation period
To ensure comments are taken into account, it is important to submit them before the published statutory deadline. A local planning authority may consider comments made after the closing date at its discretion, but it has no obligation to do so. The application publicity therefore provides the relevant time period for that particular consultation.
Development-plan policies and material considerations
Where development-plan policies are material to an application, the decision must be made in accordance with the development plan unless material considerations indicate otherwise. A material planning consideration is one that is relevant to the planning decision in question. Provided that regard is given to all material considerations, the decision maker decides what weight to give those considerations in each case.
These principles explain how comments enter the decision-making process: relevant planning matters can be considered and weighed, but comments do not replace the development plan or determine the outcome by themselves. The weight given to each material consideration is a matter for the decision maker in the circumstances of the case.
Public planning matters and private interests
Planning is concerned with land use in the public interest. Purely private interests, such as an effect on the value of a neighbouring property or the loss of private rights to light, cannot be material planning considerations. This distinction concerns whether an issue is relevant to the planning decision, before the decision maker determines the weight due to relevant considerations.
Examples from Dorset Council
Dorset Council says that material considerations can include overlooking and loss of privacy, loss of light or overshadowing, layout and building density, and design, appearance and materials. Its examples also include effects on listed buildings and conservation areas, nature conservation, loss of trees, road safety, access, parking, traffic generation, flood risk, noise, disturbance and odour.
Dorset Council says it cannot consider a loss of private view, an effect on property values, restrictive covenants and personal property rights, or a developer’s motives, record or reputation. Dorset Council states that it considers all comments received while determining an application.
Checking a Dorset Council application
For a Dorset Council application, the expiry date for public comments varies by application and can be checked through its online planning application search and comment service. This is a Dorset Council example and does not establish the submission or publication arrangements used by every English local planning authority.