Planning

What powers do Elvetham Heath Parish Council (EHPC) have with respect to planning applications?

EHPC is consulted as a Statutory Consultees by the relevant Planning Authority (Hart District Council and/or Hampshire District Council) on relevant planning applications. Any views expressed by the Parish Council will be considered by the Planning Authority before a decision is made, providing the points made are relevant to the determination of a planning application.

The final decision is made by the Planning Authority, NOT the Parish Council.

EHPC can only comment on material considerations. Issues such as boundary disputes or loss of views will not be considered.

Do parish councils grant planning permission?

Town and parish councils are not Planning Authorities and are only statutory consultees in
the planning process. This means that they only have the right to be informed of planning applications within the parish. They cannot approve or reject planning applications. They can only comment on planning applications in the same way that individuals.

The length of time taken to determine a planning application is governed by the local planning authority not the Parish Council. A parish council can request that it be given extra time to comment on an application. The decision whether this is granted rests solely with the planning authority and its own deadlines for decision making.

How do parish council’s comment on planning applications?

Parish councils can only comment on planning applications in council or committee meetings which the public can attend. The comments agreed and minuted in the council meeting are submitted in writing by the parish clerk to the relevant planning authority. Valid reasons for comment on a Planning Application that are clear, concise, and accurate stand more chance of being accepted than those that are not.

When planning applications are considered, the following matters can all be relevant. These are sometimes referred to as ‘material planning considerations’:

• Central government policy and guidance – the National Planning Policy Framework
• Local Plan and any adopted supplementary guidance – such as conservation area appraisals or car parking standards.
• Replies from statutory and non-statutory agencies – such as the Environment Agency or Highways Authority
• Representations from others – neighbours or amenity groups
• Effects on an area – including the character of an area, infrastructure and sustainability, density, over-development, strategic gap, layout, position, design and external appearance of buildings and landscaping
• Safeguarding valuable resources such as good farmland or mineral reserves
• Highways safety – traffic generation, road capacity, access, visibility, parking and risks to pedestrians and cyclists
• Public services – such as drainage and water supply
• Effects on individual buildings – such as overlooking, loss of light, overshadowing, visual intrusion, noise, disturbance and smell
• Effects on a specially designated area or building – such as green belt, conservation areas, listed buildings, ancient monuments and areas of special scientific interest
• Effects on existing tree cover and hedgerows
• Nature conservation and biodiversity – such as protection of badgers, newts and bats
• Public rights of way
• Flooding or pollution
• Planning history of the site – existing permissions and appeal decisions
• Retention of amenities – such as playing fields, village shops and pubs
• Prevention of ASB

Matters not amounting to material planning considerations and cannot be considered include:

• Speculation of future use
• The identity of the applicant or occupant
• Unfair competition
• Boundary disputes
• Breach of covenants/personal property rights, including personal rights of way
• Loss of a private view
• Devaluation of property
• Matters controlled by other legislation – internal space standards or fire safety
• Religious/moral issues – such as betting shops and amusement arcades
• The developer’s motives, record or reputation