Commenting on applications

How do I send you comments about an application?

You can email comments on applications to planning@lakedistrict.gov.uk or send them by post to Lake District National Park Authority, Murley Moss, Kendal, LA9 7RL. Please make sure you quote the application reference number on any representations.

When do I have to send you my comments by?

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.

Will my comments be published?

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 information to be considered as part of applications and appeals will be published to our website. 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.

What about comments I disagree with or defamatory comments?

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 finds disagreeable.

Notwithstanding this, we are committed to avoiding displaying comments on our website that may be defamatory. We take a precautionary approach to defamation and 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.

Will my personal information be published?

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.

Can I submit audio recordings, videos and links to websites?

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.

Can I request comments are considered confidentially?

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

Can I make representations in person at Development Control Committee?

Most applications are decided under powers delegated to the Head of Development Management.  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).

What happens if an application goes to appeal?

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.  In the case of a householder or minor commercial application appeal that proceeds by way of the expedited procedure, any representations made about the application will be passed to the Secretary of State but there will be no opportunity to make further representations.

In the event of any other appeals we will send the Planning Inspectorate copies of any representations we received before taking our decision, and will notify people who commented when any further representations should be with the Planning Inspectorate.