• Town and Parish councils have no planning powers.
  • They are statutory consultees with the same rights as a member of the public.
  • They may comment on planning applications whether within in the parish or not.

 

Article Contents - Click on a link below

Do Town or Parish Councils have any planning powers?

Can a parish council reject a planning application?

Do parish councils grant planning permission?

How do parish councils comment on planning applications?

Do planning officers listen to parish councils?

Should a parish council respond to local plans?

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Can parish councils decide on planning applications by email?

What happens if a planning application is received after the notice has been posted?

Does the Localism Act gives parish councils more planning power?

Can a Parish Council use the Localism Act to stop a development?

What is a parish council S106 planning agreement?

Can a Parish Council produce a neighbourhood plan?

 

Do Town or Parish Councils have any planning powers?

  • Many Town or Parish council minutes state that a planning application has been approved or rejected.
  • Town and parish councils are not planning authorities.
  • They have no powers to approve or reject planning applications.
  • They are merely statutory consultees.
  • As a statutory consultee they must be notified of all planning applications within the parish.
  • This is so that they may comment on the application.
  • They may as can any individual comment on planning applications outside of the parish.
  • A Parish council is responsible for the production of the neighbourhood plan.
  • This is NOT the same as a parish plan or village design statement.

 

Can a parish council reject a planning application?

  • No - parish councils have no special planning powers.
  • They are statutory consultees with the same rights as a member of the public.
  • They have no powers to approve or reject a planning application.
  • This is very poor practice and whilst it may make the parish councillors feel good it may result is unnecessary distress to residents,
  • Sadly the minutes are incorrect, they should say words to the effect of either No Comments or Comments.

 

Do parish councils grant planning permission?

  • Town and parish councils are not Planning Authorities. Town and parish councils are only statutory consultees in the planning process.
  • This means that they only have the right to be informed of planning applications within the parish.
  • They cannot approve or reject planning applications.
  • They can only comment on planning applications in the same way that individuals can comment.
  • Consequently the length of time taken to determine a planning application is governed by the local planning authority not the parish council.
  • A parish council can request that it be given extra time to comment on an application.
  • The decision whether this is granted rests solely with the planning authority and it's own deadlines for decision making.

 

How do parish councils comment on planning applications?

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

 

Do planning officers listen to parish councils?

  • It depends upon where you live and how your Town or Parish council responds to planning applications from the local planning authority.
  • Parish councils have no special planning powers even under the Localism Act 2012.
  • Despite what some councils minutes suggest they have no greater powers than any resident in a community.
  • A parish council is a statutory planning consultee i.e. they must be notified of planning applications and the outcome of any applications.
  • Parish councils cannot accept or reject planning applications.
  • The issue is that planning officers must follow the law.
  • Parish councils frequently object to applications on completely invalid and erroneous grounds

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Should a parish council respond to local plans?

  • Yes, if they do not who will respond on behalf of your community?
  • Individuals can and should respond to these major planning documents as part of the consultation process.
  • A parish council should respond taking a broader view of any potential impact on the whole community.
  • Where there are significant potential impacts a good parish council will arrange a consultation with their community.
  • As a minimum the parish council should advise the community of the local plan, it's potential impact and seek responses from residents whom they represent.
  • A poor parish council will ignore the whole process yet continue to complain that they are ignored by the local planning authority.

 

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