Planning
BANWELL CONSERVATION AREA
Conservation Areas (CAs) are designated by the local planning authority to protect the special architectural or historic interest of a place by preserving or enhancing its character or appearance. Click here for North Somersets Conservation Area Appraisal and Management Plan (CAAMP) for Banwell.
In practice the designation means that certain classes of permitted development that home owners might normally undertake, without the need for an application to North Somerset Council for permission, are not available to them. In some areas, such as Banwell, this control has been further enhanced by the Council removing further permitted development rights through what’s known as an Article 4 Direction (http://www.n-somerset.gov.uk/my-services/planning-building-control/planning/planning-advice/application-advise/article-four-directions/). The effect of which is specifically to preclude the enlargement, improvement or other alterations including the replacement of frames to windows and the outside appearance of a dwelling house or porch without permission from North Somerset Council.
For further advice on any proposed works and if they require planning permission you are recommended to view North Somersets Website by clicking here.
A BRIEF GUIDE TO PLANNING
The Parish Council plays an active role in all local planning issues and is consulted by the planning authority on all applications and planning policy documents affecting the parish.
The local planning authority [North Somerset Council Planning Department] notifies all planning applications that affect the Parish Council for their consideration and comment.
Banwell Parish Council, is notified by North Somerset Council (NS) all planning applications within the Parish.
The Parish Council is consulted for its local knowledge but does not determine a Planning Application, we are only a consultee.
Banwell Parish Council will only comment on what are known as “material considerations” (see below). 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 examples include, boundary disputes between neighbours or loss of private views.
Click here to search North Somerset Council Planning portal
Decisions are made by NS planning officers using delegated powers which can only be overridden by the Planning and Regulatory Committee made up of NS Councillors. Their decisions are based upon Planning Policies set out in the Local Plan, Planning Policy Statements (PPS) and Government Guidance (NPPF).
North Somerset Council must take into account, but not necessarily follow, the views or recommendations of the Parish Council.
How does the Parish Council (PC) comment on planning applications?
The Parish Councils can only agree to comment on planning applications in properly called Planning Committee or Full Council meetings which the public can attend. The Parish Council’s comments upon individual planning applications considered at meetings are included in their minutes which are available by clicking here for the Parish Council's Planning Committee Meeting papers.
The comments agreed in the PC Planning Committee meeting are submitted in writing by the Parish Clerk to the relevant planning authority.
The process is exactly the same as that of an individual wishing to comment on a planning application.
Parish councils are statutory consultees and have no powers to approve or reject planning applications, they can only comment or not on applications.
The Parish Council has the right (separate from supporters & objectors) to speak at the NS Planning & Regulatory meetings if they feel strongly enough about a particular development.
How do I view the plans?
Details of planning applications affecting a property are generally posted up in public by the planning authority close to that property (since Covid this cannot be guaranteed) and a letter is sent to neighbouring properties.
Full details of planning applications also appear on North Somerset Council web site, where you are also able to make comments on applications use the link to planning portal above.
What do I do if I have an interest or want to object to a Planning Application?
First you must view the plans and supporting documentation. If you wish to object you must write to, or email NS.
NS have provided some guidance on commenting on applications.
Updated versions may also be on the NS website. If you need help, contact North Somerset Council who can advise you of relevant procedures.
Unless you have valid planning reasons, your letter will be wasted.
Listed below are some suggested reasons (known as material considerations) for objecting to a particular application:
- Highways safety – parking/access/roads unsuitable for the development (where access is a relevant consideration).
- Loss of privacy and light – dependent on the size/siting of the development to a neighbouring property’s principal windows (can they be directly looked into?)
- Design/size/scale/materials of proposal in relation to the existing property, neighbouring properties and general location.
- Effect on/loss of protected trees or listed buildings
- Setting listed buildings on Conservation Area.
- Noise, fumes, smell or loss of privacy.
- Risk of flooding as a result of the proposal.
- Loss of a valuable facility if dealt with in the local plan.
- Disabled persons’ access
- Proposals in the Development or Local Plan and Government policy
- Previous planning decisions (including appeal decisions)
- Nature conservation
Things which are not normally planning considerations include:
- Loss of view/aspect.
- Personal matters relating to the specific applicant.
- Changes to land/property values.
- Personal taste with respect to the proposal.
The examples listed above are definitive but not comprehensive and are a guide to assist in the preparation of letters or statements of support or opposition.
https://www.planningportal.co.uk/faqs/faq/4/what_are_material_considerations
The following website has more information and guidance on planning applications – www.cpre.org.uk
If you do wish to object there is a lot of excellent guidance on the internet. Some from specific website and some in the form of booklets.
You may also make comment to the Parish Council at the appropriate meeting, but the Council is not obliged to pass on any such comments to the planning authority.
The Parish Clerk clerk@banwellparishcouncil.org.uk will be able to tell you when a particular application is due to come before the Parish Council Planning Committee.