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Commenting on planning applications

Home Planning Planning applications Commenting on planning applications

What happens to comments we receive on planning applications?

Consultations

We will display all replies from organisations on the relevant application on our website. Please do not provide signatures, personal telephone numbers or email addresses, organisation details are fine.

Public comments

We will display all replies from the public on the relevant application on our website. We aim to do this within three working days, although sometimes it can take longer. If an application attracts significant numbers of representations, or is likely to, we will process representations weekly. We will not send acknowledgement letters or emails. Please do not provide signatures or telephone numbers. We will redact any signatures, email addresses and telephone numbers before we display the reply on our website. If you comment after an application has been determined we will return your comments to you. Please see our guidance note on how we handle personal data.

How to comment

You can submit comments:

Please make sure you quote the application reference number on any representations.

Applications for planning permission, reserved matters, variation of condition, listed building consent, and modification of planning obligations are publicised in accordance with legal requirements – this usually means a site notice and in some cases a press notice. These applications will not be determined before the latest of:

  • 14 days from registration; or
  • 21 days from the date of a press notice (if there is one); or
  • 21 days from the date of a site notice (if there is one)

Although we will take into account representations received before we determine an application, if your comments arrive after the publicity period has expired, the application may have already been decided when we get your comments.

There are no publicity requirements for most applications for lawful development certificates, non-material amendments, advertisement consent or prior approval, and these applications may be determined at any time.

Transparency and openness are important principles of the planning process.  This means any information which is relevant to a planning decision, including comments, should be available to any interested party. All representations received about an application or appeal (including enforcement appeals) will be published to our website for public inspection (including by applicants and appellants), subject to our policy on defamatory comments below.

Planning is a public process that provides opportunities for people to express their views.  We encourage anyone making an application, appeal or representation to only cover material planning matters.

Sometimes people express views and opinions in representations or application and appeal documents that others believe are wrong, or find personal, unpleasant or upsetting. Making personal comments immaterial to planning is poor behaviour and unhelpful to the planning process.  But, this not a reason for us not to publish the opinions people have.  Unless comments are likely to be defamatory we will publish them to our website. This means sometimes we will publish views and opinions from one person that another person finds disagreeable.

Notwithstanding this, we are committed to avoiding displaying comments on our website that may be defamatory. If we consider or we have doubt that the comments or allegations could be defamatory we will return the correspondence (if a correspondence address has been provided) and destroy the original correspondence.

Comments that we know to be substantially true or which are an honest opinion – based on fact, giving the basis for the opinion and expressed as opinion – are not likely to be found to be defamatory.

We will publish writers’ names and postal addresses.  We will not publish email addresses and phone numbers of individuals. We will publish email addresses and phone numbers of businesses.  We will publish photos. Please do not include information in your representations which you do not wish to be published.

We will not consider audio recordings or videos, or information contained in links to websites. This reflects the Secretary of State’s approach and the Planning Inspectorate’s planning appeals procedural guidance.

We will not consider confidential information.  Representations will be published to our website.

A small number of significant or more contentious applications are considered by Development Control Committee as set out in our Scheme of Delegation. Public speaking is permitted at Development Control Committee in accordance with our policy and process, and subject to dates and deadlines for registration and confirmation. If you would like to make representations in person at Planning Committee you must have: made written comments; and have registered that you wish to speak by the deadline; and have confirmed your attendance by the deadline.

More information about the protocol and process for public speaking, including registration and confirmation deadlines can be found in the Process for public speaking at Development Control Committee and Policy for public speaking at Committee meetings (pdf).

If we refuse an application, the applicant usually has a right of appeal to the Secretary of State. Appeals are handled on behalf of the Secretary of State by the Planning Inspectorate.  Any representations made about the application will be passed to the Inspector or Secretary of State, but there will usually be no opportunity to make further representations.

If we display on our website matters containing untrue allegations that undermine somebody’s reputation this could be defamatory. This has potentially serious implications for legal action against us and the writer and we do not want to take this risk. We are committed to avoiding displaying comments on our website that may be defamatory. We take a precautionary approach and if we consider or we have doubt that the comments or allegations could be defamatory we will:

  • return the correspondence
  • destroy the original correspondence

We encourage people to:

  • adhere to planning matters and avoid personal comments
  • consider providing their comments again in another way, if we return them, in order that we can consider views on planning matters
  • let us know if you believe that we have displayed a comment that could be defamatory and we will review and remove it where appropriate

Comments that are substantially true or are an honest opinion – based on fact, giving the basis for the opinion and expressed as opinion – are not likely to be found to be defamatory. However, we may not know what is defamatory and what is honest opinion. In any event our display of personalised comments is not in our or the public interest and we will seek to avoid doing so.

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