Neighbour notification
In relation to planning applications the Council has a statutory duty to notify any adjoining owner or occupier or to display a site notice. In Havering we generally exceed the statutory requirement. Anyone is entitled to submit comments on a current planning application regardless of whether or not they were personally consulted.
The Council send neighbour notification letters to all adjoining neighbours, even if they are unlikely to be directly affected by the proposed development. Letters are often sent as well to any other neighbours we feel may be affected. For example, for a side or front extension we would usually notify neighbours across the road from the site. In the case of a major proposal where we consider a number of people may be interested in the development we may notify more widely.
All letters are addressed to 'The Occupier' as we do not hold details of ownership. Please be aware if you have signed up to an 'unsolicited mail opt out' scheme that some of these schemes may not deliver letters addressed in this way.
Site notices
Required by law to be displayed in certain circumstances, for example applications in a Conservation Area, works to a listed building, major applications, and 'departures' from the development plan. In such circumstances a newspaper advertisement also appears in the Romford Recorder.
The council will also usually display a site notice when:
- it is not possible to send neighbour notifications to all adjoining neighbours, e.g. where a site is adjacent to open land;
- the proposal is for the erection of 10 or more new dwellings;
- the proposal involves the creation of 1000sqm or more of new floor space;
- the application involves the erection of a telecommunications mast and/or equipment;
- the site is located within the Green Belt;
- an adjoining neighbour or landowner cannot be easily identified
Specialist Consultees
Depending on the circumstances the Council will also consult various specialist organisations in connection with development proposals. This applies where an organisation has a particular expertise or responsibility in relation to the application. These specialist organisations include, for example, English Heritage, English Nature, the Environment Agency, the Highways Agency, the Health and Safety Executive and Thames Water.
Other external consultees
As well as the statutory consultees, there are a growing number of other organisations who may notified or consulted in relation to development proposals. These include organisations who have asked to be consulted about certain developments, as well as those which we consider make a valuable contribution to the planning process. Examples include Anglian Water, Essex Wildlife Trust and the Metropolitan Police.
In addition there are numerous other small groups and societies who may wish to make comments about planning applications. These include, for example, retail traders' associations, the Council for the Protection of Rural Essex, the Ramblers Association, residents associations and conservation societies such as the Gidea Park and District Civic Society. Many of these groups are not notified directly by the Council, but look at the list of applications received each week to see if there are any they wish to comment on.
Re-consultation
Sometimes a planning application is amended by the applicant after neighbours and other consultees have commented on the original plans. If the changes are significant, and if there is time, we will usually send out further letters to residents and consultees, inviting further comments. When this happens the period allowed for comments to be received is often shorter than for the first consultation. If the changes are not significant, or in the Council's opinion overcome the concerns raised by neighbours, further consultation will not generally be necessary.
The consultation period
Letters to neighbours and site notices all include the date by which comments should be received. This is usually 21 days after the letter was sent or the site notice displayed. (Organisations generally have only 14 days in which to respond to a consultation). The council cannot make a decision on an application until the last date publicised for receipt of comments has passed.
How can comments be made?
Comments may be submitted by email, post or online via the Council's website using the
online planning searches facility. For comments to be taken into account they must be made in writing and include the name and address of the person making the comments. We are unable to take into account comments made over the telephone.
Online
The best way to comment on a current application is by using this website. Simple use our online planning searches facility to find the application you are interested in and, if the 21 day consultation period is still open, there will be a button at the top of the screen marked "submit a comment on this application". Your comments can then be typed in and sent directly into our system.
By email
You can email your views to us at
planning@havering.gov.uk Please quote the application number (e.g. P1234.12)
in the subject field and make it as clear to us as possible whether you are objecting, supporting or commenting on an application. You will be sent an acknowledgement of your email within a few minutes.
You can also write to us at the address given below. You should post your comments to us as soon as possible. As with emailed comments (above) please always clearly quote the unique reference number (e.g. P1234.12) and make it clear to us whether you are objecting, supporting or commenting on an application.
Please note that under the Local Government (Access to Information) Act 1985, your comments, including your name and address are open to inspection by the public, and in the event of an appeal may be referred to the Secretary of State. In the future comments received may be published on the Council's website. For this reason we recommend that you put any personal details such as your telephone number and email address on a separate piece of paper.
What can be taken into account?
In assessing planning applications, the Council can only take into account comments that concern relevant material planning considerations and not those based on personal dislikes, grievances, non-planning issues associated with nuisance claims or legal disputes, etc.
Examples of material considerations can include:
Siting, design and external appearance of the proposed development (e.g. height or bulk in relation to neighbouring properties)
Loss of sunlight or daylight
Loss of privacy
Likelihood of undue noise, or fumes
Adequacy of proposed parking and access arrangements
Effect of additional traffic
Effect on trees
Landscaping and proposals for boundary treatment (walls or fences)
Objections which are generally not planning related and which normally cannot be taken into account include:
Effect on property values
Effect on structural stability (this may be covered by the Building Regulations)
Noise, disturbance or inconvenience resulting from construction works (this is covered by the Control of Pollution Act)
Boundary disputes (including Party Wall agreement issues)
Restrictive covenants (including rights to light)
Opposition to business competition
Applicant’s personal circumstances (unless these can be show to be relevant in planning terms e.g. provision of disabled facilities)
Opposition to the principle of development for which outline planning permission has already been granted
If you have a complaint related to any of these issues, you should normally seek a remedy under civil law rather than planning law. You may need to consult a solicitor about your rights in this context.
What happens to comments when they are received?
All comments received are read and, where they relate to planning matters, taken into account in the determination of the application they relate to. A summary of comments received is included in the planning officers' report and where appropriate the comments will be referred to by the planning officer. Any comments received from statutory and non-statutory consultees are also specifically referred to within the report. Once the decision has been made, anyone who made comments on the application is notified of the decision by letter or email.