Planning advice for neighbours/interested parties

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Finding out about the development next door

This section contains advice and guidance for those whose property is next to a development proposal.

After the planning application has been made, the local planning authority will post notices near the site and/or write letters to those closest to the proposed development, inviting comments.

Larger developments will also be advertised in a local newspaper.

The details of the proposals, including architects' drawings, will be available for inspection at the local council offices. You can also see  what planning proposals are happening near me? on our online systems.

How do I make my views known?

There will be a limited amount of time in which to send comments to the local planning office, this will be 21 days from the date the application is advertised or site noticed. All comments need to be submitted in writing you can post, email or use our planning applications online systems to comment on applications.

If the planning application goes to committee for a decision members of the public can speak briefly to ensure that the committee is aware of their views. If you have objected to a planning application we will notify you to let you know if an application is going to committee.

However, only elected members of the council can vote on the application decision itself.

The key point to remember is that you can only comment on ‘material considerations’ that affect the application. These include matters such as;

• Government Guidance, Planning Policy Guidance & Statements
• History - previous decisions, particularly appeals
• Comments from Consultees
• Amenity e.g. privacy, sunlight, daylight, noise and smell
• Highway safety
• Nature, Archaeology Conservation and landscape
• Impact upon adjacent land use
• Design
• Human Rights Act
• And many others

You cannot bring matters that are not material to the application as these are outside the boundaries of the planning process and are more civil matters between parties. These include;

• Loss of value
• Loss of view
• Viability, including matters such as party walls and structures’
• Private rights (access)
• A change from a previous scheme
• Moral issues
• Restrictive covenants
• Land Ownership
• Competition
• The development has already taken place prior to an application being submitted

What happens after the decision?

It is not possible for a third party to appeal against a local planning authority's decision.

For example, if your neighbour was granted permission to build an extension you could not appeal against it - even if you objected to the application at an earlier stage of the process.

Complaining about applications

In some cases, you can complain to the Local Government Ombudsman about how a local planning authority handled a planning application.

If you are the planning applicant, the Ombudsman will not usually look at your complaint because you have a right of appeal to the Secretary of State, through the Planning Inspectorate.

If you are a neighbour affected by a local authority's planning decision, the Ombudsman may consider your complaint, but only if there was administrative fault in the way the authority handled the matter.

The Ombudsman cannot investigate a complaint just because you do not agree with the decision.

The Ombudsman has no power to alter the decision, even if the local authority administration has not been entirely correct.

However, in cases where the Ombudsman decides that the local authority has acted incorrectly in handling a planning matter, the Ombudsman can recommend that the authority take action to mitigate the effect on you, and pay you compensation, if appropriate.

Related links

• Planning Portal "Buy a Plan"

Last updated: 16 February 2012