Comment on Planning Application

We encourage the community to participate in the planning process which helps to shape and form the environment, in which we all live, work and enjoy in our leisure time. The involvement of the general public is valued, as it enables Planning Officials to reach a balanced view when deciding upon planning applications. Every member of the community has the right to comment on any planning application, and the purpose of this guide is to assist how best you might make your views known.

How do you comment on a planning application?

The first step is for you to find out as much as you can about the details of the application. This can be achieved either by discussing the proposal with the applicant, by inspecting the application online (Link to ‘View Planning Applications’ provided below) or at the Customer Services Centre in Burton or Uttoxeter.

View Planning Applications

If you decide to express your views, these should be made in writing to the address below or email to: planning.customerservices@eaststaffsbc.gov.uk

East Staffordshire Borough Council
The Maltsters
Wetmore Road
Burton upon Trent
Staffordshire
DE14 1LS

How will you know if a Planning Application has been submitted?

There are 4 main ways that you might discover that a planning application has been submitted to the Council:

Neighbour Notification: The Council issues a neighbour notification notice on certain neighbouring property owners and occupiers.
Local Press: Following submission of certain applications, the Council may decide, because of the nature of the proposal, that the application should be advertised in the local press. This allows a wider section of the community to be aware of the proposal.
Site Notice: A site notice will be located close to the application site with the planning application details.
Online: You can search for ‘live’ planning applications through the Online Mapping or Planning Explorer

Is there a time period for making a representation?

It is important to be aware that there are time limits within which you must submit your written comments to the Council:

If you are responding to a neighbour notification notice or are aware of the application by some other means, you have 21 days from the date of the notice to submit your written comments.
Where an application has been advertised in the local press by the Council, you will have either 14 or 21 days from the date of the advert to submit your written comments. Please check the specific advert for which time period applies.

What details should you include in your representation?

Whether you are writing to the Council to object or support an application, you should clearly identify the planning application you are referring to and the particular points which you wish the Council to consider. The Council, when assessing a planning application, must have regard to the Local Plan Policies. When dealing with planning applications, the following matters are considered material planning considerations and may be relevant.

Written representations from members of the public;
Views of statutory and other consultees;
Government Policy and Guidance;
Local Policy and Guidance;
Planning site history;
Impact on amenity;
Impact on access, parking or road safety;
Design;
Compatibility with other uses in the area;
Affect on a Listed Building or Conservation Area;
Affect on Tree Preservation Order;
Precedent.

Certain matters are not normally material planning considerations and will not be taken into account by us when we decide on a planning application. These include:

Devaluation of property;
Loss of a view;
Hours of construction;
Commercial/Business competition;
Moral and religious issues;
Matters which relate to other regulatory regimes such as Building Standards or Health and Safety;
Matters which relate to safety or disruption during construction;
Civil matters;
Perceived Health and Safety risks.

Note: These lists are not exhaustive.

What happens next?

Please note that a petition with more than one name on it will be counted as one representation. The Council has given delegated powers to the Planning Delivery Team, which are a wide range of powers to determine many planning applications without the need to report to the Planning Committee. Where representations are received within the agreed time periods, these will be taken into account in the determination of the application. You should note that all representations received will be available for public scrutiny. Depending on the number of objections, the application may be dealt with under delegated powers or by the Planning Committee.

The Planning Committee meets every four weeks in the Town Hall, King Edward Place, Burton upon Trent, DE14 2EB. Should you wish to find out if the application would be dealt with by the Planning Committee you should contact the case officer. Planning staff can give more information on committee dates.

Where an application is determined by the Planning Committee, a report will be prepared by the Planning Officer regarding the proposal, and will refer to the letters received, summarising the points raised and include an evaluation of the issues. The report concludes by making a recommendation to the Committee as to how the application should be determined. The Committee agenda and the papers will be available for public inspection five working days in advance of the Committee meeting. It is the Committee's practice to allow members of the public, who have submitted a letter regarding an application to speak at the Committee meetings, although numbers are limited. The same policy applies to the applicant. All meetings are held in public, and you may attend to listen to the debate.

There is no right of appeal by objectors against the decision of the planning authority regarding a planning application. An applicant may submit within three months of a decision to refuse their application, an appeal to the Planning Inspectorate. When this occurs, you will as an objector be notified and given the opportunity to express your views to the Planning Inspectorate.

Local Government Ombudsman

Should you consider that the council has not followed the correct procedures in dealing with the planning application then you may want to contact the Ombudsman. The Ombudsman is not able to change the decision, but can investigate whether the way in which the council has taken the decision, complies with legal and statutory requirements. The Ombudsman is appointed as an independent adjudicator and can investigate where there appears to have been maladministration by the local authority. If you consider that you have suffered an injustice as a result of maladministration on the part of the Council, then you can ask the Ombudsman to investigate.

What else can you do?

You could discuss your comments with your local Councillor, or alternatively, you could contact your Parish Council, who are a statutory consultee in the planning process and frequently submit views to represent the local community.