Planning Application Considerations

Cheshire West & Chester Borough Council Planning Authority
Contact details:
0300 123 7027
planning@cheshirewestandchester.go.uk

Planning Portal to search for applications: http://pa.cheshirewestandchester.gov.uk/online-applications/
Enter the planning application reference number or a key word

Material Considerations

Comments submitted to Cheshire West and Chester Council Planniing Authority covering the following issues are considered as relevant to all planning applications and as such will be given due consideration when a decision is made to grant permission or refuse the application.

• Access & Traffic
• Ecological Impact
• Economic Impact
• Health & Safety including Fear of Crime
• Privacy & Loss of sun and daylight
• Noise & Smell
• Visual Impact, Design & Alignment with Village character
• Planning History & Related decisions

Non-material Considerations

Comments relative to the following issues would not be considered when the Planning Authority is making a decison on any application.

• Loss of an individual's view (There are guidelines covering separation distances)
• Who the Applicant is
• Who actually owns the land
• Private rights e.g. access, shared drives
• Any effect on property values
• Impact on other businesses i.e. competition
• Whether there is a better use for the site
• Restrictive covenants in place
• Change from previous schemes
• What the applicant will do next

Appeal Procedures

There are currently three types of appeals.

Written representations

Written representations would be appropriate if:

• the planning issues raised or, in an enforcement appeal, the grounds of appeal, can be clearly understood from the appeal documents and a site inspection (if required); or
• the issues are not complex and the Inspector is not likely to need to test the evidence by questioning or to clarify any other matters; or
• in an enforcement appeal the alleged breach, and the requirements of the notice are clear.

Hearing

A hearing would be appropriate if:

• the Inspector is likely to need to test the evidence by questioning or to clarify matters; or
• the status or personal circumstances of the appellant are at issue; or
• there is no need for evidence to be tested through formal questioning by an advocate or given on oath; or
• the case has generated a level of local interest such as to warrant a hearing; or
• it can reasonably be expected that the parties will be able to present their own cases (supported by professional witnesses if required) without the need for an advocate to represent them; or
• in an enforcement appeal, the grounds of appeal, the alleged breach, and the requirements of the notice, are relatively straightforward.

Inquiry

An inquiry would be appropriate if:

• there is a clearly explained need for the evidence to be tested through formal questioning by an advocate; or
• the issues are complex; or
• the appeal has generated substantial local interest to warrant an inquiry as opposed to dealing with the case by a hearing; or
• in an enforcement appeal, evidence needs to be given on oath; or
• in an enforcement appeal, the alleged breach, or the requirements of the notice, are unusual and particularly contentious.

Other
The written representations procedure would be the quickest route of appeal.
The Inquiry would require a number of days to be set aside to be heard with each side having legal representation.
This representation results in additional costs, as well as the Council providing a venue for the Inquiry.

The appellant in their initial statement can opt to make a costs application against the Council as part of the appeal process. If successful the Council would then be liable to pay the costs incurred by the appellant in relation to part or all of the appeal costs.

In terms of a timeline for appeals, this only becomes clear once the Planning Inspectorate has sent an official start letter to the council.
The council then sends everyone involved in the appeal an e-mail letting them know which procedure the Inspector has decided to follow and the timeline of events.