What can/can’t be taken into account?

What sort of things can be taken into account?

Information from Cheshire East; more on ‘How to make comments on planning applications’:

In considering a planning application, the Council has a statutory duty to have regard to the provisions of the Local Plan and any other “material considerations”. The most common “material considerations” include the following, although the list is not exhaustive.

  • Local, strategic, regional and national planning policies
  • Government circulars, orders and statutory instruments
  • Previous planning decisions (including appeal decisions)
  • Design, visual appearance, and materials
  • Layout and density of buildings
  • Loss of daylight or sunlight
  • Overshadowing/loss of outlook (but not loss of view)
  • Overlooking/loss of privacy
  • Noise and disturbance from use
  • Smells
  • Light pollution
  • Highway safety issues
  • Traffic generation
  • Vehicular access
  • Adequacy of parking
  • Loss of important trees
  • Landscaping
  • Nature conservation
  • Intrusion into the Open Countryside/Greenfield or Green Belt
  • Risk of flooding
  • Effect of Listed Buildings and Conservation Areas
  • Archaeology
  • Hazardous materials and ground contamination
  • Disabled persons access

What cannot be taken into account?

Many concerns cannot be addressed through the planning process, these include:

  • Loss of view
  • Loss of property value
  • Breach of restrictive covenant
  • Loss of trade to a competitor
  • The level of profit a developer might make
  • Personal circumstances of the applicant (in most cases)
  • Moral objections e.g. to uses such as amusement arcades and betting offices
  • Matters controlled under Building Regulations or other non-planning laws, e.g. structural stability, drainage, fire precautions etc.
  • Private issues between neighbours e.g. land/boundary disputes, damage to property, private rights of way, covenants etc.
  • Problems arising from the construction period of any works, e.g. noise, dust, construction vehicles, hours of work etc.
  • The development is already completed.

Hints about how to object when planning applications are submitted………..how to object.

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