How to Comment on a Planning Application

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Last revised: 29 February 2008

How do I see details of the proposal?

All planning applications received by the Council are scanned onto the Planning Explorer web site and can be viewed at:

http://mvm-planning.kennet.gov.uk/MVM/Online/PL/Home.aspx (External link) .

This site can be searched in a number of ways, including by address; parish; or by the reference number of the planning application.

Alternatively, all undetermined applications can be viewed in the Council's reception area at its offices at Browfort, Bath Road, Devizes SN10 5HR during opening hours (8:30am - 5:30 pm Monday - Thursday; 8:30am - 5pm Friday). It is not necessary to make an appointment to see these plans. However, if you subsequently wish to arrange a meeting with a planning officer to discuss the proposal, you will need to arrange an appointment.

How do I send my comments to the Council?

The Council encourages representations to be submitted on line as this saves the cost of postage and speeds the consultation process. Once you have found on Planning Explorer the details of the application you want to comment on, you will find in bold in the top centre of the page the wording Comment on this application. Click on this and it will open an e-mail screen where you can write your comments and then send them via e-mail directly to the Council. Alternatively, simply click on the Council e-mail contact details on the left hand side of the screen. This will open an e-mail that you can complete with your views and send to the Council. If using this second method, please include within the e-mail the reference number of the application that you are commenting on (it will commence K/....).

Letters can be sent to the Council, addressed to Kennet Planning Services, Browfort, Bath Road, Devizes SN10 5HR.

Please be aware that any comments that you make, either via e-mail or post, will be treated as public documents and may be inspected by members of the public. Consultation responses and letters of representation are scanned and placed on our Planning Explorer web site where they may be viewed by the public over the internet. If an appeal against a decision is made, any letters will also be copied to the Planning Inspectorate, who may publish them on line as part of an electronic file of the appeal.

What can I comment on?

The Council makes its decisions in the public interest and must consider all material considerations. The starting point is the policies in the development plan (the Regional Spatial Strategy; Structure Plan and Kennet Local Plan 2011) and national guidance published by the Government in the form of Planning Policy Statements (PPS) and Planning Policy Guidance Notes (PPG). These will form the planning framework for the area and may include specific policies allocating certain land for development.

The Council must also take into account other material considerations. These cover a wide range of factors, including:

  • The impact on the appearance and/or character of an area;

  • The impact on the amenity of adjacent and nearby properties, through direct overlooking; overbearing impact etc.

  • The impact on road safety;

  • Disturbance through noise, smell etc;

  • Flood risk and drainage issues;

  • The impact on wildlife and protected species;

  • The impact on important trees;

  • The impact on the historical landscape.

The Council cannot take into account matters that are not proper considerations for the planning process. These include:

  • The nature of the applicant and/or his motivations;

  • The impact on private views;

  • The impact on property prices;

  • Private covenants or other private legal agreements that may affect the land;

How are my comments taken into account?

All comments, whether received by e-mail or by post, are read by the case officer handling the planning application. The case officer will also receive the comments of the local parish or town council, the views of other consultees and will visit the site. The case officer will then have to assess whether the application is acceptable and complies with local and national planning policies; whether it should be amended or whether it is in conflict with planning policies and should be refused. In each case this is a balanced judgement. Most decisions are made by Senior Planning Officers under powers delegated to them by the Council. Other applications, usually the larger and more controversial ones, may be dealt with directly by the Council's Regulatory Committee. If the application you have commented on is due to go to the Committee, you will be sent details to enable you to decide whether you wish to attend. When a decision is made, either by Committee or under delegated powers, you will be notified of the outcome.

If the application is refused and an appeal is lodged against the Council's decision, your original comments will be copied to the independent Planning Inspector appointed by the Secretary of State who will decide the appeal. You will also be advised of the appeal and given the opportunity to make further comments.

If, despite your objections, an application is approved, there is no right of appeal against the decision. This matter has been considered several times by the Government but it currently has no plans to introduce any such rights.