Commenting on applications

Public Access
Public Access

Introduction
This section outlines the standard of service which you can expect when you wish to comment on a planning application and how we will deal with your comments. You can use our new Public Access module to submit your comments electronically and monitor the progress of applications.

See Public Access site

How do I comment?
You use our Public Access module to submit your comments electronically – see the link on this page or you can write to Planning Services. If you write to us please quote the application reference number and address. You can also use Public Access to track and monitor the progress of any application you are interested in and be notified of any changes or updates by email. 

What happens when I comment on a planning application?
We no longer acknowledge comments except if you use Public Access, when  you will receive an immediate acknowledgement.  All comments received about an application are made public and your comments will appear on the internet on Public Access. The applicant has the right to see what you have written.

What will we do about your objections and comments?
We can only take into account matters that are relevant to making a decision on the planning application itself. Examples of matters that are likely to be relevant or not relevant are set out below:

What is a valid objection?
The relevant issues in a planning application vary from case to case but the following matters may be included:-

  • conservation of buildings and the natural environment
  • trees
  • design, appearance and layout
  • character of an area
  • noise, disturbance and smells
  • highway safety and traffic
  • previous planning applications
  • compliance with Unitary Development Plan Policies, Supplementary Planning Guidance and other planning policies
  • compliance with government guidance and legislation
  • the effect of a proposal on sunlight and daylight
  • the effect on the privacy of neighbours
  • whether the proposed development will have an overbearing effect on neighbouring properties
  • visual impact

Although you do not have a right to a view over someone else's land, if we consider a proposal to be unreasonable regarding impact on your outlook we will try to negotiate changes to help overcome this shortcoming.  Please refer to the additional guidance we have provided for commenting on householder applications.

What matters are not valid objections?
These will vary from case to case but the following matters are usually not relevant:

  • Issues covered by other laws e.g. Licensing, Building Control, Health and Safety Regulations.
  • Private property rights (e.g. boundary or access disputes).
  • The developer's morals, motivation or activities elsewhere.
  • Perceived impact on property values.
  • Competition between businesses.

The planning officer dealing with the application will form a professional view on the acceptability or otherwise of the proposal. This may involve assessing specialist comments from our colleagues in other Council departments or organisations, town and parish councils and other community bodies as well as comments from local residents. They will then weigh up all of the issues arising from the proposal before making a recommendation on it. An objection, even if made on good planning grounds, may not necessarily result in refusal of planning permission.

What happens next?
You can track and monitor the progress of the application using the Public Access module and receive updates by email. Most decisions are made by a Senior Officer.

Larger, more complex or controversial applications may be decided by a panel of Councillors. There are three Plans Panels – one covering the east side of the city, one the west side and one the City Centre. Each meets every four weeks. Meetings are held in the Civic Hall and usually take place on a Thursday, commencing at 1.30 p.m. Councillors will receive a report which includes details of representations which have been made and the issues raised, together with the officer’s recommendation. There will also be a presentation of the application by an officer, usually with plans and photos of the site.

The report is available for public inspection five days before the meeting and can be downloaded from our website. The public may attend the meeting and a representative of any supporters or objectors may make a short address to the Panel set out their views.  Separate guidance is available about speaking at panel.  There may also an opportunity for the applicant or their agent or someone else with a contrary view to address the Panel. (Please note that if there is more than one person who wishes to speak in support of or against an application, you will have to agree who will do this on your behalf).

If your comments were made on a standard letter or email, where you have just added your name and address, we will not individually notify you of the decision or any subsequent appeal.  You will need to monitor Public Access www.leeds.gov.uk/publicaccess to find out about the decision.  

If you are tracking the application on Public Access you will be emailed when the decision is made and again when the decision notice is available on the website.  For other comments, we will let you know the outcome within 10 working days of the decision being made.   Details of any conditions attached to a permission or reasons for refusal are available on Public Access within 5 working days of the decision and listed on our website on a weekly basis (updated on Wednesdays).

What if you are not happy with the decision?
Third Parties have no right of appeal (an applicant does). The report which is available on Public Access will detail how the decision was made.  However the Case Officer or a Team Leader in Planning Services will explain the reasoning which led to the decision if you are still unclear.  Once a planning decision has been made, it cannot be reversed except in the most exceptional of circumstances.


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