The aim of this guidance is to help you put forward your views on planning applications and to give you general information and advice on how planning applications are decided.
Why are you consulted
When making decisions about planning applications, the Council always takes into account the views of those people who are likely to be affected by the development. You may wish to support an application, suggest changes to it to overcome any concerns you may have, or raise objections. Objections which can be considered are listed below. In all cases, your comments are welcomed and will be carefully considered.
If an application has been submitted, properties with land adjoining the site will normally receive a letter from the Council. Major proposals which would have a greater impact on the local area sometimes require us to consult more surrounding properties. A Planning Site Notice is also normally posted on or close to the application site. Parish and Town Councils are also sent copies of all applications and some have to be advertised in the local press too. You can telephone or visit the Planning Department to find out about current applications, details of which all have to be listed in a register available for inspection by the public, or you can search by address using the website.
Looking at the plans
Copies of all current planning applications are available for inspection at the main Council Offices reception during normal office hours. For applications in Kenilworth and the parishes of Stoneleigh, Ashow or Leek Wootton, plans may also be viewed at Warwickshire Direct in Kenilworth Library. Applications in Warwick can also be viewed at Warwickshire Direct in Shire Hall, Warwick. You can also Search for a Planning Application on the website, which will give details and plans of all applications which have recently been received, and correspondence received on applications once this has been scanned in.
A planning officer is available at our main Council Offices to answer any queries you have and to explain any matters about which you are unclear. If you have substantial concerns about the application, you may wish to telephone the case officer whose name appears on correspondence concerning the application, and if necessary arrange an appointment.
Making comments
It is helpful if any letters about an application quote the planning reference number and the site address. Your letter should be as clear and concise as possible and state the reasons why you wish to support or oppose the proposal. Alternatively you may wish to use the online form or email your comments to us at planning_west@warwickdc.gov.uk or planning_east@warwickdc.gov.uk (please remember to include your postal address and the application reference number).
Please note your comments will be viewable on our website as part of the available documentation associated with the planning application. Please also be aware that there may be a delay of several days after receipt before such correspondence is displayed.
You are not required to sign any letter you send. If you do not wish to have your signature displayed your printed name and address is sufficient. If you reply by email, your comments (with name and address) can be sent as an attachment to avoid display of your email address.
The Council has to make decision on applications within a set timescale, normally 8 weeks, and there is a time limit for making your views known. This consultation period is normally up to 21 days from the date of the notification letter or the posting of a Planning Site Notice.
The Council has to assess the planning issues relevant to the proposal. The following lists give some idea of what matters can or cannot be taken into account.
Planning Issues include:
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Compliance with approved planning policies
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Character of the area
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Loss of light
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Loss of privacy
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Noise and disturbance from the proposal
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Traffic generation and access
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Impact on the rural landscape
Planning Issues DO NOT include:
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The impact on property values
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Boundary or other legal disputes
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Loss of view
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Restrictive covenants
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Competition between traders
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Possible damage to property caused by building work
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Access for maintenance
Making the decision
Any letters received about an application will be placed on the relevant application file and carefully considered by the case officer dealing with the application. Any letter you forward will not be acknowledged, but you may telephone to check it has been received. All written comments received are open to public inspection and copying, as required by the Access to Information Act 1985.
The case officer will visit the site and assess the impact of the development on its surroundings and its acceptability in terms of the Council's approved policies. The views of neighbours, Parish and Town Councils, and other consultees will be considered before a recommendation to grant or refuse permission is made.
Some applications for development which comply with approved policies may be approved under delegated powers. Applications may also be refused under delegated powers if they are contrary to policy or other approved guidance. Further information on this and full details of the Delegation Agreement for Development Control can be viewed under Delegated Powers. Applications which cannot be decided under delegated powers are reported to Planning Committee for decision, which allows Public Speaking on individual applications.
Please understand that there are many factors to consider when deciding whether to grant or refuse permission. Your views will be taken into account, but might not override other factors.
What happens after the decision is made
You can telephone the Planning Department (quoting the application reference number or address) or look online to find out about the decision. There is no right of appeal against the granting of planning permission and it is important that any objections or comments are voiced early in the process so that the issues raised can be given the fullest consideration.
When a development is granted and is being carried out, please telephone the Planning Department's Enforcement Section if you think the work is not in accordance with the approved plans. We will check the situation and inform you what we are able to do.
When a development is refused, the applicant has a right of appeal to the Planning Inspectorate. Appeals may also be made if the Council has imposed conditions on a permission, which an applicant considers unreasonable. In these cases, the Planning Inspectorate will decide whether or not the District Council's decision was correct. If you have been notified of a planning application or have submitted written comments about it, we will inform you in writing if an appeal has been made. In any event, letters received about the planning application will be copied and forwarded to the Inspectorate. Please see Planning Appeals for further information.
Remember
We aim to provide a courteous, helpful and efficient service. If you phone or visit the office and speak to a Planning Officer make a note of the name for future contact. Queries about particular planning applications should be directed to the Case Officer, or general information about development proposals should be directed to the relevant Staff Contacts covering your area.
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