does Winsham Parish Council have with respect to planning applications?
Winsham Parish Council is consulted by the relevant
Planning Authority (which is usually South Somerset District Council) on all
planning applications. Any views
expressed by the Parish Council will be taken into account by the Planning
Authority before a decision is made, providing the points made are relevant to
the determination of a planning application.
The final decision is made by the Planning Authority, not the Parish Council.
Winsham Parish Council will only comment on what are
known as “material considerations” – issues, for example, such as boundary
disputes between neighbours or loss of views will not be considered.
councils grant planning permission?
Town and parish councils are not Planning
Authorities. Town and parish councils
are only statutory consultees in the planning process.
This means that they only have the right
to be informed of planning applications within the parish.
They cannot approve or reject planning
They can only comment on planning
applications in the same way that individuals can comment.
Consequently the length of time taken to
determine a planning application is governed by the local planning authority
not the parish council.
A parish council can request that it be
given extra time to comment on an application.
The decision whether this is granted rests
solely with the planning authority and it’s own deadlines for decision making.
How do parish
councils comment on planning applications?
Parish councils can only agree to comment
on planning applications in properly called council or committee meetings which
the public can attend.
The comments agreed in the council meeting
are submitted in writing by the parish clerk to the relevant planning
The process is exactly the same as that of
an individual wishing to comment on a planning application.
Parish councils are statutory consultees
and have no powers to approve or reject planning applications, they can only
comment or not on applications.
for comment on a Planning Application
Comments that are clear, concise and accurate stand
more chance of being accepted than those that are not. When planning
applications are considered, the following matters can all be relevant. These
are sometimes referred to as ‘material planning considerations’:
Central government policy and guidance -
Acts, Circulars, Planning Policy Guidance Notes (PPGs) etc.
The Development Plan - and any review of
the Development Plan which is underway.
Adopted supplementary guidance - for
example, village design statements, conservation area appraisals, car parking
Replies from statutory and non-statutory
agencies (e.g. Environment Agency, Highways Authority).
Representations from others - neighbours,
amenity groups and other interested parties so long as they relate to land use
Effects on an area - this includes the
character of an area, availability of infrastructure, density,
over-development, layout, position, design and external appearance of buildings
The need to safeguard valuable resources
such as good farmland or mineral reserves.
Highway safety issues - such as traffic
generation, road capacity, means of access, visibility, car parking and effects
on pedestrians and cyclists.
Public services - such as drainage and
Public proposals for using the same
Effects on individual buildings - such as
overlooking, loss of light, overshadowing, visual intrusion, noise, disturbance
Effects on a specially designated area or
building - such as green belt, conservation areas, listed buildings, ancient
monuments and areas of special scientific interest.
Effects on existing tree cover and
Nature conservation interests - such as
protection of badgers, great crested newts etc.
Public rights of way
Flooding or pollution.
Planning history of the site - including
existing permissions and appeal decisions.
A desire to retain or promote certain uses
- such as playing fields, village shops and pubs.
Need for the development - such as a
Prevention of crime and disorder
Presence of a hazardous substance directly
associated with a development
Human Rights Act
Precedent - but only where it can be shown
there would be a real danger that a proposal would inevitably lead to other
inappropriate development (for example, isolated housing in the
reasons for objection
There are certain matters which do not amount to
‘material planning considerations’ under current legislation and guidance.
These matters cannot be taken into account in considering a planning
application and should not be included in objections as they weaken your
Speculation over future use
The identity of the applicant or
Breach of covenants and personal property
rights, including personal (not Public) rights of way
Loss of a private view
Devaluation of property
Other financial matters
Matters controlled by other legislation -
such as internal space standards for dwellings or fire prevention
Religious or moral issues - such as
betting shops and amusement arcades
The fact that the applicant does not own
the land to which the application relates
The fact that an objector is a tenant of
land where the development is proposed
The fact that the development has already
been carried out and the applicant is seeking to regularise the situation. People can carry out development at their own
risk before getting planning permission)
The developer’s motives, record or
– “concerns and issues”
The person making a planning application has to
provide enough information for the application to be determined. They do not
have to provide every single detail before an application can be approved
because certain matters can be resolved by way of conditions included as part
of the permission.
Because of this, certain issues may not be considered
as ‘objections’ but it is entirely reasonable for you to raise concerns on such
issues and to ask to be kept informed before they are approved. These