I often hear complaints from clients who feel wrong-footed when they don’t receive information directly from the Council about planning applications impacting the area close to where they live.
The hard fact is, though, that while the Council has a duty to consult, the consultation doesn’t need to take the form of sending letters to the occupiers of neighbouring properties.
So what does the Council do to fulfil the duty to consult with the public (ie. non-statutory consultation) when it receives a planning application?
The regulations are set out in Town and Country Planning (Development Management Procedure) (England) Order 2015/595 article. 15: Publicity for applications for planning permission.
The answer provided here is that the type of publicity the Council needs to provide depends on the development proposal. Different regulations apply for major applications, or for applications affecting a public right of way, for example. However, for the majority of applications, which are smaller scale, the Council has to:
– Post a site notice in at least one place on or near the land to which the application relates for not less than 21 days; or
– Serve the notice on any owner or occupier of land adjoining the land to which the application relates.
It is clear, therefore, that there is no duty to send letters to neighbouring properties, provided that a site notice has been put up.
Nevertheless, the application also has to be published on the Council’s website.
Remember that these are the minimum requirements that a Council must carry out. Some Councils will do more. For example, they may advertise the applications they are dealing with in a local newspaper.
Some Councils provide an explanation of the way in which they comply with the consultation requirements in a Publicity or Neighbour Notification Page on their website. Others may
include information in their Statement of Community Involvement. These documents can provide helpful guidance.
What happens if you only find out about the application after the 21-day consultation period?
For one reason or another, it happens quite often that the consultation period has expired by the time a person finds out about a planning application that they believe will impact them. Generally, unless the decision to grant permission has already been taken, this should not prevent the person from submitting their comments on the application and the Council will still be willing and able to receive feedback.
It should be borne in mind that especially when the application is controversial, the consultation can go on much longer than the 21 days specified as the minimum requirement.
To sum up, it is important to remember that anyone is entitled to submit comments on a current planning application regardless of whether or not they received a notice in the post.