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Objecting
to an application
Make
an official objection to the planning application by letter to your local
council. Quote the reference number (your council's planning office reception
will have this), and state your case clearly, and calmly. Point out your
concerns, and why you think they need to be considered. Remember that the
council officer who has to deal with the application (the Case Officer)
may not know all the local details - your knowledge may be of benefit.
Try not to use emotive language, nor use issues that are not considered
in planning matters (e.g. house values, likelihood of crime, new neighbours
etc.). However, you may wish to include planning issues that are on the
limit of The Wildlife Trust's remit, such as traffic levels, noise & disturbance,
incursion on Green Belt, and changes to landscape & views. Copy your letter
to the Councillor(s) for the ward in which the site is located. Contact
details for Councillors are usually provided on the relevant council's
web site (see links under "Our
local councils and their ecological advisers").
Contact
your local council's Case Officer, who will deal with the application by
'phone. S/he will generally listen to your arguments and concerns. If necessary,
ask to go to the council offices to look at the plans in more detail -
these are often available for view at a 'One Stop Shop' or Planning Reception.
Consider
appropriate measures for mitigation and/or compensation; e.g. if two trees
are to be felled to make a play space available, there could be benefits
in suggesting that a larger area is planted with new trees and managed
for nature conservation.
Contact
your council's local environment forum - if it has one - in order to try
and get your message to a wider public. Encourage others to submit objections
(but do not get them to sign a copied 'template' letter, as these are not
generally accepted) and contact the local newspaper.
Ask
to state your case to the Planning (Sub-) Committee that will decide on
planning applications to which there have been objections. You will need
to notify the Committee Clerk at least 24 hours before the meeting, which
will usually take place on an evening.
Unitary
Development Plans and Local Plans
Become
familiar with your local council's development plan and its proposals,
policies and maps. In Greater Manchester and Merseyside these
are called Unitary Development Plans (UDP). In administrative Lancashire
- including Blackburn with Darwen Borough and Blackpool Borough - they
are called Local Plans. This document is an important guide to what
will be allowed and is on view at the council's offices and libraries (it
can also be purchased, and is often available on a council's web site -
links to those are provided under Our
local councils and their ecological advisers). Investigate and use
in your letter, where possible, the development plan policies that will
relate to nature conservation issues. For example, a proposal may conflict
with a Policy that states that the council is committed to protecting its
district's trees or ponds. Not all development plans are the same; but
relevant policies will usually be found in the chapters for Environment,
Nature Conservation, Community Open Space, and/or Recreation & Leisure.
Don't forget to check the proposals (and maps), which give clear indications
of which sites are protected, and which areas are designated for development.
Structure
Plan and Minerals & Waste Local Plan
In
the case of applications for schools, libraries, quarrying, waste disposal
and major road development in Lancashire only, the County
Council will make the decision rather than the local council. It also
makes decisions on strategic matters. For example, it will decide which
towns should expand to meet the county's overall housing needs - but the
relevant District, Borough or City Council will decide precisely where
these houses should go. In conjunction with the unitary authorities for
Blackburn with Darwen Borough and Blackpool Borough, the County Council
produces a Joint
Structure Plan and a Minerals
and Waste Local Plan containing their joint planning policies on
these matters. A Minerals
and Waste Development Framework is to replace the Minerals and
Waste Local Plan in line with new planning legislation. See changes
in the law for details.
Regional
Planning Guidance
Policies
on major strategic proposals (e.g. international airports, motorways and
rail routes) may first appear in the Regional
Spatial Strategy for the North West (RSS13) produced by the North
West Regional Assembly (NWRA). See also changes
in the law.
Offshore
Developments
In
the Irish Sea, applications for development offshore are currently
made to the Department
of Trade and Industry in the case of oil
and gas extraction or wind
and wave energy development; and to the Minerals & Waste Planning Division
of the Department
for Communities & Local Government in the case of dredging
for marine sand and aggregates. The Crown
Estate owns almost all of the UK's seabed and foreshore, and must
licence any development on its estate. National Government is currently
consulting on whether to introduce a more integrated marine spatial planning
system for development at sea.
Parish
Councils and Town Councils don't make decisions on planning
issues, though they are consulted by the planning authorities and may make
comments on planning applications affecting their area. You may wish to
copy your comments to the relevant parish or town council for information,
though they don't exist in most urban areas.
Protected
Sites or Species: Are there any nature conservation sites or plants or
animals protected by law that would be affected by the proposed development?
Internationally
or nationally important sites
If
the site is scheduled as a Ramsar Site, Special Protection Area
(SPA), Special Area of Conservation (SAC), National Nature Reserve
(NNR), Local Nature Reserve (LNR) or Site of Special Scientific Interest
(SSSI), then English
Nature, the Government's statutory adviser on nature conservation in
England, may become involved (see "Our
local councils and their ecological advisers").
Sites
of county or greater importance
If
the site is scheduled as a Wildlife
Site (also known by several other names in our area, including "Biological
Heritage Site", "Site of Biological Importance", "Site of Importance for
Nature Conservation") then the Greater
Manchester Ecology Unit, the Environmental Advisory Service (North
Merseyside) {no web site, but e-mail: eas@sefton.u-net.com}
or Lancashire
County Council may become involved (see "Our
local councils and their ecological advisers" below), depending which
county the proposal is in. Such sites are likely to be protected in local
or unitary development plan policies (see "Unitary Development Plans
and Local Plans") or the new Local Development Frameworks (see
"Changes in the law").
Specially
protected species
Specially
protected species Plant and animal species given special legal protection
by Great Britain's Wildlife & Countryside Act 1981, and Annex II
of the European Union's Habitats & Species Directive 1992 usually
have special significance in the planning process. Protection for species
under the European Union's Directive was translated into English law by
the Conservation (Habitats &c) Regulations 1994. You should be able
to find them listed on the species
section of the website of the UK's Joint Nature Conservation Committee
(JNCC). Badgers and their setts are also protected by their own legislation
- the Protection of Badgers Act 1992.
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