Planning Matters and Gosberton Parish Council

Planning Matters

 

What powers does Gosberton Parish Council have with respect to planning applications?

 

Gosberton Parish Council is consulted by South Holland District Council on all planning applications.  South Holland District Council is the Planning Authority for Gosberton parish area.  Any views expressed by the Parish Council will be taken into account by theSouth Holland District Council before a decision is made, providing the points made are relevant to the determination of a planning application. 

 

The decision is made by South Holland District Council, not the Parish Council. 

 

Gosberton Parish Council will only comment on what are known as “material considerations” that are relevant to the planning application – issues, for example, such as boundary disputes between neighbours or loss of views will not be considered. 

 

The parish council will consider any views that residents and interested parties wish to bring to their attention either by email or by a person attending in person to express a view during the Public Forum at the start of  parish council meetings.  The parish council encourages all residents to consider planning applications and to submit a comment directly to South Holland District Council by post or online and to let the parish council know if you think that there are some issues the parish council should be aware of regarding the planning matter.  Sometimes the parish council will become aware of several resident's concerns and this may enable a strong set of comments on behalf of the community to be submitted.

 

 

Parish councils are not Planning Authorities.  Parish councils are statutory consultees in the planning process so they have the right to be consulted about planning matters in their area and the parish council may decide to submit comments.

Parish councils cannot approve or reject planning applications.

They can comment on planning applications in the same way that individuals can comment.  Those comments can indicate if they 'support', 'oppose' or are 'neutral' about the planning matter.

South Holland District Council decides how long it will take to decide a planning application after the consultation period comes to an end.

 

 

Parish councils can only agree to comment on planning applications in properly called council or committee meetings which the public can attend.

Planning items will be shown on the agenda prior to the meeting.  The minutes of the meeting published after the meeting will show what comments the parish council decided to make (if any).

The comments agreed in the council meeting are submitted  by the parish clerk to South Holland District Council via the planning portal. These will be displayed on South Holland District Council’s planning webpages relating to that planning application.

The process is exactly the same as that of an individual wishing to comment on a planning application.

 

 

Comments that are clear, concise and accurate stand more chance of being accepted than those that are not. When planning applications are considered, the following matters can all be relevant. These are sometimes referred to as ‘material planning considerations’:

 

Central government policy and guidance - Acts, Circulars, Planning Practice Guidance Notes (PPGs) etc. 

south Holland District Council’s Development Plan - and any review of the Development Plan which is underway.

Adopted supplementary guidance - for example, village design statements, conservation area appraisals, car parking standards.

Replies from statutory and non-statutory agencies (for example, Environment Agency, Highways Authority, Heritage Officer, Education Department, Water and Drainage Companies). 

Representations from others - neighbours, amenity groups and other interested parties so long as they relate to land use and planning matters. 

Effects on an area - this includes the character of an area, availability of infrastructure, density, over-development, layout, position, design and external appearance of buildings and landscaping 

The need to safeguard valuable resources such as good farmland or mineral reserves. 

Highway safety issues - such as traffic generation, road capacity, means of access, visibility, car parking and effects on pedestrians and cyclists. 

Public services - such as drainage and water supply, medical, education needs, Police. 

Public proposals for using the same land 

Effects on individual buildings - such as overlooking, loss of light, overshadowing, visual intrusion, noise, disturbance and smell. 

Effects on a specially designated area or building - such as conservation areas, listed buildings, scheduled monuments and areas of special scientific interest. 

Effects on existing tree cover and hedgerows. 

Nature conservation interests - such as protection of badgers, great crested newts and other plants and wildlife. 

Public rights of way

Flooding or pollution. 

Planning history of the site - including existing permissions and appeal decisions. 

A desire to retain or promote certain uses - such as playing fields, village shops and pubs.

Need for the development - such as a petrol station 

Prevention of crime and disorder 

Presence of a hazardous substance directly associated with a development 

Human Rights Act 

Precedent - but only where it can be shown there would be a real danger that a proposal would inevitably lead to other inappropriate development (for example, isolated housing in the countryside).

 

 

There are certain matters which do not amount to ‘material planning considerations’ under current legislation and guidance. These matters cannot be taken into account in considering a planning application and should not be included in objections as they weaken your case: 

 

Speculation over future use

The identity of the applicant or occupant 

Unfair competition 

Boundary disputes 

Breach of covenants and personal property rights, including personal (not Public) rights of way 

Loss of a private view 

Devaluation of property 

Other financial matters 

Matters controlled by other legislation - such as internal space standards for dwellings or fire prevention

Religious or moral issues - such as betting shops and amusement arcades 

The fact that the applicant does not own the land to which the application relates 

The fact that an objector is a tenant of land where the development is proposed 

The fact that the development has already been carried out and the applicant is seeking to regularise the situation.  (People can carry out development at their own risk before getting planning permission – they may have to pay to undo the work if not approved later so it can carry a big risk). 

The developer’s motives, record or reputation

 

 

The person making a planning application has to provide enough information for the application to be determined. They do not have to provide every single detail before an application can be approved because certain matters can be resolved by way of conditions included as part of the permission. 

 

Because of this, certain issues may not be considered as ‘objections’ but it is entirely reasonable for you to raise concerns on such issues and to ask to be kept informed before they are approved. These include: 

 

The proposed type and colour of the materials to be used 

The exact nature of any proposed planting or boundary treatment

You may suggest conditions that could be applied if the plans are approved by South Holland District Council, such as, the planting and maintenance of boundary fencing and hedging, times of business operations, a certain amount of soundproofing for a business premises to reduce nuisance, provision of environmental mitigations to reduce the effect on the natural environment.

 

 

The person making a planning application has to provide enough information for the application to be determined.  Once South Holland District Council has decided the planning application if the applicant disagrees with the decision, they may appeal to the Planning Inspectorate with reasons why they think the decision is wrong.  Those parties who responded during the original consultation period will be invited to comment on the grounds for the appeal.  The parish council may decide to comment on an appeal taking into account any new information provided by the appellant.

 

 

South Holland District Council can take enforcement action against persons or organisations that do not comply with a planning decision or condition. Gosberton Parish Council does not enforce planning decisions or conditions. Residents may, however, bring planning breaches and failures to the attention of the parish council seeking advice and support and issues may be raised with District Councillors and directly with South Holland District Council. 

 

 

This summary is not an authoritative statement of the law and the procedures and guidance may change over time.  There are very informative webpages that may provide more detailed information and guidance such as on

 

Browse: Planning permission and building regulations - GOV.UK (www.gov.uk) ,

Planning - South Holland District Council

Planning Inspectorate - GOV.UK (www.gov.uk) 

This page was updated 25th March 2025