Planning applications explained: what are they, who decides them, can they be appealed and what is a valid objection?

This piece explains the basics about planning applications themselves. See our campaign piece here to find our what we are calling for.

What are planning applications? When are they needed?

Planning applications seek permission for certain types of development. According to the government, a planning application is probably required in three different situations – building something new, when making a major change to a building such as an extension or changing the use of a building.

Who decides planning applications?

Planning applications are determined by local planning authorities – in other words, councils. District and borough councils decide the majority of applications.

County councils handle some schemes, including waste projects like recycling centres, minerals – such as for quarries or oil and gas sites – and county council developments such as libraries and schools, known as ‘Regulation 3’ developments.

It depends on the type and size of application as to who makes the actual decision. Most smaller-scale schemes are decided by planning officers – council employees – but the most significant and controversial applications tend to be decided by elected councillors on planning committees. Councils have their own rules about when plans need to be determined by councillors.

What are planning policies and how do they influence decision?

Planning policies are the rules and regulations planning authorities must follow to fairly determine an application.

They are a mixture of national policies – governed by a document called the National Planning Policy Framework – and local policies decided by the planning authority itself.

What is the role of parish councils in planning applications?

Parish councils are consulted on planning applications by the relevant local planning authority. This means they do not have the final say on applications but their views are taken into account alongside other consultees and residents’ views.

Are applications in the South Downs National Park different?

Yes. The South Downs National Park Authority handles all plans within the boundary of the national park. The authority has its own planning committee, just like councils.

Where can I view planning applications? Can I view planning applications online?

If you have access to the internet, head to your relevant planning authority’s website, which should have a planning section where you can view applications by searching their reference number or other key details such as location. Planning applications are also often advertised in the public notices sections of our newspapers.

In terms of viewing physical copies of applications, if you are unable to access them online, the government advises: “Local planning authorities may need to consider how they can support those who can only access information about planning applications by inspecting those documents at a local council office. This might include providing information over the telephone or by providing a hard copy of the relevant document by post.”

How can you comment on a planning application?

You can comment on applications via a planning authority’s website. Comments are also generally accepting in writing or via email – ideally these should be accompanied by the planning reference number of the application you wish to comment on.

What is a valid planning objection?

Councils sometimes provide advice on what is deemed an acceptable objection in planning terms. National rules set out what planning authorities can and cannot consider when determining an application.

According to Worthing Borough Council, this includes: Relevant planning policies; previous decisions; planning policies; highway safety; traffic and parking; noise; disturbance; traffic and smells; design; appearance; materials; character; overlooking; loss of privacy and light; effect on trees; and effect on listed buildings and conservation areas.

What is not a valid planning objection?

According to the same council list, the following is not deemed a valid objection and therefore cannot be taken into account: matters controlled by other legislationsuch as licensing; effect on value of property; personal or financial circumstances; loss of view; moral or religious issues.

Who has a say in planning applications?

A planning authority will consult various people and organisations before determing a planning application. This includes organisations with a special expertise, such as the county council, Southern Water and the Environment Agency.

Local residents also have a right to comment on a scheme.

Will a planning application be rejected if enough people object?

Even if an application is objected to by lots of local people, it is no guarantee that plans will be rejected.

This is because lots of different factors – and organisations – have to be considered.

‘Statutory consultees’ tend to have a greater influence in decisions. For example, if lots of residents oppose an application based on the impact on traffic in the local area but the statutory consultee (in this case the county council) does not object, it can be very difficult for a a planning authority to go against the consultee’s views. If plans were rejected and an applicant appealed the decision, the authority would have to provide strong evidence to support going against the view of the consultee.

Can a planning application decision be appealed?

It is much easier for the applicant of a rejected planning application to appeal.

This is done by lodging an appeal with the Planning Inspectorate, which handles appeals on behalf of the government.

Appeals for major schemes may result in public inquiries being held, in which a planning inspector hears from all sides before making a decision.

An example of this was the recent decision for a green space in Worthing, where an inspector overruled a decision by the local council to refuse permission for new homes. Click here for the full story.

Third parties, such as local residents, cannot appeal a decision in the same way. They can however seek permission for a judicial review or statutory challenge. See CPRE’s guide here.

Do you have a question about planning applications?

If a question you have about planning applications is not covered by this explainer, email us here