Property values and private views in planning objections
Anyone can respond to a planning consultation, but only material planning considerations are relevant to the planning decision. National guidance says planning is concerned with land use in the public interest rather than the protection of purely private interests. It identifies the effect of development on the value of a neighbouring property as a purely private interest that cannot be a material consideration. It gives loss of private rights to light as another example that cannot be a material consideration.
How material considerations affect a decision
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 all material considerations have been taken into account, the decision maker determines the weight given to each consideration in the individual case.
Property value, private views and private rights in Dorset
Dorset Council says it cannot consider loss of a private view, effects on property values, breaches of restrictive covenants or personal property rights. These are Dorset Council’s examples and should not be treated as a description of every council’s local process. Dorset Council separately lists overlooking and loss of privacy, loss of light or overshadowing, and noise, disturbance and odour as matters that can be material considerations. Its list also includes design, appearance and materials; road safety and traffic matters; flood risk; and effects on listed buildings and conservation areas.
- Loss of a private view is listed by Dorset Council as an issue it cannot consider.
- The effect on property values is listed by Dorset Council as an issue it cannot consider.
- Breaches of restrictive covenants and personal property rights are listed by Dorset Council as issues it cannot consider.
- Overlooking and loss of privacy are listed separately as matters that can be material considerations.
- Loss of light or overshadowing is also listed as a matter that can be a material consideration.
Dorset Council therefore distinguishes loss of a private view from overlooking and loss of privacy. It also distinguishes personal property rights from planning matters such as overshadowing, design, road safety, flood risk and noise.
Consultation periods and the application record
The formal consultation period will normally last 21 days, but the period for comments is stated in the publicity for the particular application. Comments made after the closing date may be considered at the local planning authority’s discretion, but there is no obligation to consider them. For a Dorset Council application, the expiry date for public comments varies by application and appears in Dorset Council’s online planning application search and comment service.