How will I find out about an application? Planning applications are publicised in several different ways, depending on the type of application and the number of people who may be affected: informing immediate neighbours by letter displaying notices at the site advertising in local newspapers informing Parish Councils of all applications in their parish publishing a list of new applications and decisions taken on existing ones on this website
Where can I see the application details? The application documents can be viewed: - on our website
- at Chelmsford Borough Council Planning Offices in Coval Lane on Monday to Thursday 8.45-4.45 and Friday 8.45-4.15
- at South Woodham Ferrers Information Centre (please check opening times 01245 605611)
How can I comment on an application? Twenty one days are generally given for comments from the date of the notice or letter detailing the application. Comments must be written and can be submitted on our website at the time of viewing the application. Comments can also be sent in by letter, fax or emailed to planning.comments@chelmsford.gov.uk. The application number and/or site address must be quoted on all correspondence. Applications will not be determined before the deadline for receipt of comments. The Council will take into account all planning related, written comments when making a decision on the application. Note: All comments are public documents and are made available for inspection on our website. Anonymous letters and those marked confidential cannot be taken into account and will not be made available for public inspection.
What issues can be considered? The Council only considers planning matters when determining applications. These are issues related to Government and Council policy or advice and the effect the development may have on the environment and the amenities of other people. For example, consideration will be given to: - the size and scale of the proposal
- overbearing / overshadowing
- loss of privacy or increased overlooking
- design and appearance of the proposal
- impact on traffic and parking
- the possibility of more noise or disturbance
- impact on trees, landscape or existing buildings
What issues cannot be considered? Planning matters do not include: - effects on property value
- loss of a view
- competition for an existing business
- land ownership or boundary disputes
- the personal circumstances of the applicant
- preference for an alternative development
What happens once I have commented? Comments are acknowledged in writing and the points raised will be taken into account when the application is decided. If significant changes are made to a proposal, an opportunity may be given for further comments with a revised deadline set for new comments. For minor amendments, especially amendments likely to overcome objections, there is unlikely to be further consultation before the application is determined. If the application is refused and an appeal is lodged, copies of any comments received will be passed on to the Planning Inspectorate as part of the appeal process.
Who makes the decision? The Director of Sustainable Communities determines most planning applications under delegated powers. Almost all major applications are considered by the Council's Planning Committee. Councillors may also request that any significant or controversial applications go to the Committee for a decision. If an application goes to Committee, those who have commented on it will be notified, by letter or email, of the date and venue of the meeting. An invitation to attend and ask questions or make a short statement at the beginning of the meeting will be made.
How is the decision made? The purpose of the Planning Service is to enable and manage development in the Borough in a way that meets the needs of the wider community whilst minimising the impact on other residents or businesses. Every planning application is given serious and careful consideration before a decision is made to approve or refuse it. In reaching a decision the Council must have taken into account policies contained in all the following documents: If an application complies with the policies it will usually be approved, even if there are objections. Decisions cannot be made on the basis of people's opinions or local opposition alone, but must be based on planning policies. Part of the job of the Council's planning team is to negotiate amendments to applications so they comply with Council policies - rather than refusing permission. In some cases applications are not decided for two to three months. Letters detailing the decision are sent to all who commented on the plans.
Can I appeal against the decision? No, only the applicant has the right to appeal against a refusal or a condition on a permission. This usually has to be done within 6 months of a decision being issued, although if the application related to a householder development, the applicant only has 12 weeks in which to lodge an appeal. If the applicant does appeal, all those who originally commented on the application will be contacted in writing. The process will be explained and they will be invited to comment directly to the appeal Inspector. However if the application was for a householder development, copies of any representations will be passed on to the Planning Inspectorate, but there will be no further opportunity for comments to be made.
Remember... The Council considers all applications impartially. It is committed to helping local people participate in the planning process by giving advice and making policies, plans and other information widely available.
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