Commenting on Planning Applications

Advice for those wishing to comment on planning applications.

Please note: these guidelines relate to planning applications only they do not deal with the procedures for other types of application such as agricultural or telecommunications “notifications” or Listed Building applications. If you in any doubt as to the type of application involved please contact us.

The planning applications approved by Thanet Council help to shape the future of the area. To make sure the public are involved in this future, the Council publicises all planning applications, by site notice or letters to neighbouring properties and we also inform the relevant Parish or Town Council.

You are welcome to tell us your views, whether for or against, an application.

How can I give my views?

Thanet Council gives local residents 21 days in which to comment on an application in writing either by letter or email.

• Please remember to quote the reference number attached to the application you are commenting on and address your comments to the Planning officer dealing with that application.

What sort of things can be taken into account?

They are wide ranging and include:

• The effect of the proposed development on the appearance of the area
• The quality of the design
• Significant overbearing impact and loss of outlook
• The economic benefits of the proposal
• Highway safety issues
• Loss of important trees
• Intrusion into the countryside
• Significantly increased noise and disturbance

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 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
• Ancient rights to light

How does the Council decide a planning application?

After the 21 day consultation period has passed the Case Officer should have all the information needed to assess the application. The Council has to consider the proposed development in line with the policies set out in the Development Plan. If it is in line, it could be approved.

The Development Plan is comprised of the following two documents:

1. Kent and Medway Structure Plan 2006
2. Thanet Local Plan 2006

Both of these documents have to be taken into account

As well as these documents, the Council must also consider other ‘material’ or relevant factors including planning law, policy and guidance.

Will my views be considered?

The Council is legally obliged to take into account the comments from neighbours and other interested parties when deciding all planning applications. Furthermore, the Council encourages local residents to have their say in planning matters. However, it is important to remember that the Council is responsible for making the final decision on the application and for deciding how much “weight” your comments have on it’s final decision.

To receive further guidance on making your comments, you are advised to refer to the Development Plan documents and Government guidance. If you are in any doubt please contact the Case Officer.

Can my Ward Councillor speak on my behalf?

A Ward Councillor can request that an application be reported to Planning Committee, if they have a justified  planning policy related reason. This means it will be debated in public at a Planning Committee meeting with the Ward Councillors able to speak on your behalf. To find out who your Ward Councillors is, call 01843 577500  or see Councillors pages

What will happen after my objections have been made?

Due to the large number of responses the Council receives, it is not possible to respond personally to each letter. However, your letter will be acknowledged and in due course you will be notified of the Council’s final decision. 

Your comments will be used by the Case Officer in deciding the planning application and you should be aware that other members of the public may see your views.

Will the application be refused if lots of objections are received?

No, the volume of objections will not in itself result in an application being refused. An application can only be refused for ‘planning reasons’ and not because of the number of objections.

Who makes the final decision on the application?

The Council’s Planning Committee has given the authority to Planning Case Officers to decide the majority of planning applications. However, a minority of complex applications often when a Ward Councillor requests it, are reported to the Planning Committee, who meet monthly to decide applications.

In the rare instances that a large application goes against the policies set out in the Development Plan, the matter will then be referred to the Government who will decide whether the Council should be allowed to decide the application.

If I don’t agree with the Council’s decision can I appeal?

As the law stands there is no right of appeal for objectors. In certain circumstance a Council’s decision can be challenged in the courts, if there is a concern that the Council has acted unlawfully.

Where can I find out more?

• View the Thanet Local Plan to find out further planning information
• contact the Planning department
• Central Government advice notes and statements can be found at http://www.communities.gov.uk/
• General planning advice can be obtained at http://www.planningportal.gov.uk/

The Planning Application Case Officer can be contacted by telephone or e-mail. Please be aware that Officers are often on site, however an answer phone message service is available.

Speaking at Planning Committee Meetings

About 5% of Planning applications are decided by the Planning Committee. If you would like to find out more about public speaking for or against an application at Planning Committee, please refer to ‘Have your Say – public speaking at Planning Committee’ .

Regeneration Services

E-mail:

planning.services@
thanet.gov.uk

Tel: 01843 577150