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Frequently Asked Questions

Objecting to Planning Applications

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. If you wish to make a comment on a specific application via the web, you may do so by using the Council's comment form which is available via the online planning pages. Only comments sent containing correct/valid application details will be accepted.

What happens when you comment on a planning application?

  • Your letter/email will be acknowledged within 10 working days of receipt (usually in the form of a letter).
  • Only comments received within the publicity period will be taken into account.
  • The acknowledgment will tell you who is dealing with the application and who to contact if you have any questions.
  • All comments received about an application are made public, and the name and address of anyone who comments will appear on our website.
  • The applicant has the right to see your comment.

What will we do about your objections and comments?

This depends on the individual case and the type of comments received.

  • Some comments cannot be taken into account because they are not planning matters.
  • Where appropriate we may seek to negotiate with the applicant to obtain a revised scheme to overcome objections.
  • It is not possible to keep you personally informed of what, if any, changes to a scheme are negotiated. However, if amendments are received which have a significant bearing on public objections, then, when appropriate, we may re-consult.
  • We cannot become involved in essentially private issues between members of the public.
  • The planning officer dealing with the application will form a professional view on the acceptability or otherwise of the proposal. This may involve assessing responses to consultations from other Council departments or outside bodies as well as comments from local residents.

Consideration of objections is only one part of the process of deciding an application. There are other planning related factors that need to be considered in reaching a decision. In some cases, if these other factors are of greater substance than the objections received, the Chief Development Control Officer will recommend to the Development Control sub committee that, whilst objections should be taken into account, other factors need to be weighed in the balance.

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.
  • Development Plan Policies, Government guidance and legislation.
  • Loss of amenity. Whilst loss in amenity is subjective, the following points may be considered:-
  • 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 where applicable.

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.

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.
What happens next?
  • The Head of Development Control will recommend to the committee whether the application should be approved or refused.
  • The Development Control Committee meetings are held every four weeks in a committee room in the Civic Offices.
  • The meetings are usually held on Wednesdays.
  • They normally start at 2.30pm with Zone 1, the Western Wards, items.
  • Then, at times not earlier than those set in advance, items from Zone 2, Fareham Town, and Zone 3, eastern (and southern) wards are heard.
  • Both the applicant and any objectors may speak to their local councillors about the application.
  • As an applicant, objector or supporter you may address the committee if you apply a few days before to make a deputation
  • Once the committee have made their decision on the application, if you have made written comments, you will be notified of this in writing within 15 working days of the decision being made.
  • You will be given details of who to contact if you wish to know more about the decision.
What if you are not happy with the decision?

As an objector, you have no right of appeal (an applicant does). However the Case Officer or a Team Leader in the Development Control Section will be pleased to explain why the Council made their decision.

What can I do if I am not happy about the service I have received?

If you want to make a complaint about our service, please do so to a member of staff or by using our feedback form or by writing to: the Head of Development Control, Civic Offices, Civic Way, Fareham.  Please quote the application reference number (if known) in any correspondence. You have the right to speak to a supervisor or manager regarding your complaint. The member of staff will record your complaint and explain to you how it will be investigated. A copy of our complaints procedure is available at all Council premises.

 

Frequently Asked Questions

What do the Planning Enforcement team do?
The team investigates allegations of breaches of planning control including:

unauthorised development, or uses;
unauthorised works to a listed building - both internal and external works;
unauthorised display of advertisements;
non-compliance with conditions of planning permissions; and,
untidy sites where these are considered detrimental to local amenity
unauthorised work to trees which are protected or are located in conservation areas
N.B Works to trees which are protected or are located in conservation areas without the consent of the local planning authority is an offence.

What is the extent of planning controls?
Planning controls relate to any development. The definition of ''development'' for the purposes of the Town and Country Planning Act 1990 is considered to include "carrying out of building, engineering, mining or other operation in on or under land or the making of a material change of use of any building or other land".



(N.B all mining and waste planning issues are dealt with by the County Council).





Do you require planning permission for all development?
No, many minor developments are exempt from the need for planning permission by the Town and Country Planning (General Permitted Development) Order 1995. You should always contact the local planning authority to find out if you need planning permission before commencing any development

Is it an offence to undertake development without permission?
No, under the Act it is not considered to be an offence to fail to comply with planning controls, although you are advised to contact the local planning authority prior to carrying out works which might require approval. Should a local planning authority consider it expedient to issue an enforcement notice against a development which is unauthorised then non-compliance with this notice is an offence, for which the maximum fine is £20,000.



What happens if a condition on a planning permission is not complied with?
The local planning authority has the power to issue a breach of condition notice against which there is no right of appeal. It is an offence not to comply with such a notice. This offence maybe prosecuted in the magistrates court with a maximum fine of £1,000.



Is it an offence to undertake works to a listed building?
Yes, if these works are considered to affect the character and integrity of the building.

Is it an offence to display an advertisement without consent
Some advertisements are exempt from the need for express advertisement consent. Advertisements which do not require consent are those which enjoy deemed consent under the provisions of the Town and Country Planning (Control of Adverts) Regulations 1992. Booklets and advice can be obtained from the Local Planning Authority.





What information is required for an alleged breach to be investigated?
Address of land or building where breach alleged
Details of alleged breach
Complainant contact name and address and telephone number.
Any additional relevant information/other interested parties


How do I report an alleged breach?
by completing and submitting a Complaint Form which can be found on this page on the website. http://www.fareham.gov.uk/council/departments/devcontrol/complaint.asp. Please note that you will be required to provide your name, address and telephone number for any complaint to be investigated. Your details will be kept confidential. Complaints can also be made in writing to the address shown below.

Department of Development Control
Fareham Borough Council
Civic Offices
Civic Way
Fareham
PO16 7TT



What are the stages of an investigation?
Complaint registered and acknowledged - 4 days
First site visit made - 10 days
Complainant will be kept informed of progress with investigations.


What action may be taken where a breach of planning controls is found to be occurring?
Once a complaint has been investigated and a breach identified, depending on the severity of the breach a number of things may happen:

negotiate a satisfactory solution
seek a retrospective planning application
if no application is forthcoming or the breach is serious then an enforcement notice may be issued
In the case where significant harm is being caused by the breach it may be appropriate to issue a stop notice in conjunction with an enforcement notice or seek a legal injunction to stop the unauthorised activities.



It is important to note that the enforcement of Planning Control is a discretionary power and in some circumstances it may not be expedient to take action



Is there a right of appeal?
On an enforcement notice, listed building enforcement notice and an advert discontinuance notice, there is a right of appeal. The appeal is made to the Planning Inspectorate.

Is there a period after which development becomes immune from enforcement action?
Yes, The period within which planning enforcement action can be taken is limited to:

4 years for operational development and change of use to any building for use as a single dwelling house
10 years for all other changes of use and breaches of conditions
If you wish to confirm that development is immune from planning enforcement action, you are advised to make an application for a Certificate of Lawfulness.



Is there a period after which development becomes immune from enforcement action?
Yes, The period within which planning enforcement action can be taken is limited to:

4 years for operational development and change of use to any building for use as a single dwelling house
10 years for all other changes of use and breaches of conditions
If you wish to confirm that development is immune from planning enforcement action, you are advised to make an application for a Certificate of Lawfulness.



Do I need planning permission?
If you need the Council''s advice on whether you need planning permission, print off and complete one of the three forms appropriate for your proposal and forward it to us. Email us on planningadvice@fareham.gov.uk, telephone 01329 236100, send a facsimile to 01329 821500 or send the details by post and we will advise you if you need Building Regulations Consent or planning permission.


How much will my planning application cost?
There is a list of planning fees on our website. You will be able to work out the fee for your planning application using this.

How long does it take to make a decision on my planning application?
The Council makes a decision on most planning applications within eight weeks. You may make an appeal to Government if we have not sent you the decision within the expiry date in our letter acknowledging your application (usually eight weeks from receipt, but thirteen weeks for some major applications).





Can I view planning applications?
You can see the details of current and recent planning applications together with documents and decision notices at the online planning page.



What are your opening hours if I need to speak to a planning officer?
The Council offices are open on Monday to Friday between 08.45 and 17.15 (16.45 on Friday). A duty planning officer is available to answer questions from telephone callers and visitors between 09.00 and 13.00. If you have a question that needs research, you should print off and submit details on the planning advice enquiry forms on our website.



Will you investigate development my neighbour is carrying out? will you tell my neighbour I complained about them?
Complaints of breaches of planning control (e.g.: building work or new uses of land in the absence of necessary plannning permission or not as shown on the planning permission, ignoring conditions of planning permission) are dealt with by the Planning Enforcement Team. You will need to give us your name and contact details as we will not take action on anonymous complaints; however, we will treat your complaint in confidence.

Why do I need planning permission when many people have built similar things without encountering problems?
Planning permission may not be needed in every case. Some works are not counted as develoment (e.g.: general painting and decorating); other carefully defined kinds of development, particularly for works to dwellinghouses or in their gardens, are granted general permission by the government so they don''t need a specific planning permission. (NB: These entitlements may be withdrawn by planning condition of earlier planning permissions or by a direction for specific classes of development in specific areas:- Articles 3 and 4 of the Town and Country Planning General Development Procedure Order 1995). If your development does not fall into those categories, you will need to apply for planning permission.