All about Planning: How to find Application details, comment or object

On this page we tell you how the planning process works, what the Planning Guidelines are, how to make an objection or comment online or in writing, with linka to Central Government and Brighton & Hove planning documents. The topics are on the "Planning Help" menu on the left.

The Planning Department's Home Page will give you access to advice, forms, committee proceedings and the Planning Register.

Go to the Council's Planning Regsister where you can view details of any planning application. Check on "I accept". You can oopy and paste the Planning Application Number we quote. You can also find applications by address, street name, or by or area. When you have located an applicaton, click on the "details" button.

Make an objection You will need the the application number and address.

55 Western Road, Hove Sainsburys have put in an application to install a completely new shop front (with the obligatory ATM) and plant machinery area at the rear. The plant area is sreened from view and acoustically treated to prevent noise. Sainsburys claim that, as this is in a sevice access road, Sainsburys claim that the environmental impact will be nil.

Although this is in our Conservation Area, the part of it where the store is located is a shopping area and the scheme is part of a general upgrade of the store to bring it to modern standards.

To find full details of the application, go to the Council Planning Register and enter this number: BH2009/03112

Go to the Council's Planning Regsister

In August last year, and for the second time, the Old Market Trust applied to put 2 penthouse apartments atop this fine old building. It would have been be mostly glass and quite modernistic. We thought it out of scale, intrusive and inappropriate. It would have stuck out like a very sore thumb! The Planning Committee of the City Council thought does too, and for the 2nd time, rejected the proposal.

The Old Market Trust decided to appeal the decision and it went to the Planning Inspectorate. On 1st February the Inspector rejected the appeal. The Inspector found that the proposal "would not preserve the architectural and historic interest of the Old Market or the settings of nearby listed buildings." He added: "I have also concluded that the character and appearance of the Brunswick Town Conservation Area would not be preserved".

The decision also described the penthouses as an "unduly dominant imposition on the listed building", and went on to say it was not in accordance with the Brighton and Hove Local Plan nor with national planning guidelines. The OMT's attempt to link the proposed development with their financial plight was, shall we say, rubbished.

BRA welcomes the decision. An ugly development will not now happen, a dangerous precedent has been avoided, and any future proposals are likely to be sympathetic and restrained.

That's the good news. The bad news is, the Brighton & Planning Department actually recommended the Council approve this proposal. Yet it quite clearly failed to meet both national and the City's own guidelines, and the councillors who rejected it felt so too, and we now find the Planning Inspectorate agrees with them.

So what may we ask, was the Planning Department thinking?

Updated 13 February 2010

Read the Appeal Decisions

The plans and other submissions are on the City's Planning Register. You need this application number - BH2009/02014

Go to the Planning Register

Local authorities administer Planning Law and they are also responsible for enforcing compliance. Most changes to buildings require Planning Permission; an application must be made to the responsible Planning Department which must meet certain requirements. Once a Planning Application is received and registered as valid a consultation period starts, during which:

• The Planning Department will post notices of the application at and around the affected location (often fixed to lampposts or on the building.
• The Planning Department will write to neighbouring residents and businesses that may be affected, inviting comments.
• During the consultation period, the Planning Department will accept comments by post or email from anyone who wishes to make one.
• The Planning Department will set a decision date 3 weeks after registering the application, or later if it is a major development serious issues are involved.
• Any member of the public has the right to comment, whether or not they have been formally consulted.

Consultation Period

Normally the period for consultation is 21 days but this may vary according to the type of proposal. Brighton & Hove Council will consider representations up to the published decision date or by midday on the Friday before a Committee Meeting if appropriate. However they must receive comments in good time to allow this to happen.

Who Decides?

The Planning Department will adjudicate straightforward proposal themselves but sensitive decisions will be referred to the Planning Committee of the Council for a decision. If 5 or more comments on a proposal are received then it has be decided by in committee by councillors and they need our vote. Councillors (and certain others) can "call in" an application for a decision in committee. The public have a right to speak at such committee meetings.

Planning decisions are posted on the Planning Register within 2 days of the decision being made and can be seen online or at Hove Town Hall.

Decisions may be appealed. Developers can and often do appeal against a refusal. The general public have no right of appeal against consent being given.

Monitoring and Enforcement

If consent is given, once work starts the Planning Department will monitor the works to make sure the terms of the Consent are complied with. If they are not, or work is carried out without Planning Consent, the Planning Department has a legal duty to enforce compliance. Enforcement is however a tricky business and can be horribly complicated and expensive.

There is a long list of requirements for developments in general, but our area is a Conservation Area, and there are strict limits to what you may do to, or with, a building here. In general, any development must be in keeping with or at least not detract from its surroundings. (That doesn't mean that a new building must look like it is 150 years old, this is not a museum!)

Many buildings in East Brunswick are Listed Grade I or Grade II (that is they are of architectural merit or historical significance) and you can do very little to alter them, or change the way they are used, and Listed Building consent is also required.

Central Government and the City Council both publish development guidelines to cover all these cases. There are also many requirements regarding environmental and social issues that must be met. The City Council also publishes what are effectively zoning regulations, which designates areas of the City for various activities, serious shopping, entertainment, industry and business and residential. All these are available on the Internet.

The way things work, the Planning Department is obliged to give consent unless there is a good reason why they should not. They will look to the various guidelines, national and local, in coming to a decision. They will want to preserve the character of the area. However, faux-regency replacements are not necessarily a good solution when a building is beyond restoration or where there is no building at all. Also, the Planning Department has to deal with what is on offer, not what they would like to see.

The Planning Department will only take into account comments that are relevant to what they are required to do by Planning Law. Valid points include:

• The proposal is within Central Government or City Council's published policy and guidelines. (see below)
• The appearance and size of the building is appropriate and in harmony with its surroundings, and in East Brunswick whether it complies with the requirements for Conservation Areas and any Listed Building affected.
• An alteration or extension to a building is in character and scale with the original building and the surroundings.
• The proposed use is suitable for the area, and ours is generally residential except for Western Road.
• Satisfactory access for disabled people
• New homes or residential conversions must meet Lifetime Homes standards
• Traffic levels and parking, and safety issues for pedestrians and road traffic.
• Signs that are too large or unsightly.
• Overshadowing, overlooking or loss of privacy for nearby residents.
• Noise or smell or other nuisance.
• A precedent would be created for future similar developments.

Points that will not be considered include:

• Loss of view, loss of property value, loss of trade.
• Private property rights such as bounday disputes and private covenants.
• Issues covered by other legislation such as licensing, building regulations etc.

Just stating that you don't like a building is not going to be considered, you have to be specific. You should never, ever copy a form letter. Several identical letters will look like a put-up job and may not be considered at all, or lumped together and treated as one objection. Always use your own words!

Any comments made on a Planning Application got into the public record and will be made available to the applicant and other members of the public.

There are several things you must say in a letter to make sure it gets properly dealt with and considered:

• State your name, address and postcode.
• Optionally give a phone number, and email address if you have one.
• Give the Planning Application number. It will be on any notification you receive or on the notices at or near the site.
• The address that the application refers to, also on any notices.
• In the letter you should say specifically whether you object to, support or just wish to comment on the application.

Send objections to Planning Department, Hove Town Hall, Norton Road, Hove, BN3 3BQ

The Planning Department do not acknowledge receipt of comments made in writing. You can request that they post you notice of the decision, but you must enclose a stamped self-addressed envelope.

Finally, be aware that all comments made go into the public record and anyone can see them.

There are two key documents that apply to planning issues in the EBRA Area:

The central government publication "Planning Policy Guidance 15: Planning and the Historic Environment" known as PPG15. Note the use of the word guidance.. However a planning department could be challenged if it failed to take note of this guidance.

Dowload this document

The Brighton & Hove Local Plan. There are many aspects to this plan, but the key one for us is "Chapter 8: Managing change within an historic environment" where you will find policies HE1 and HE3 of particular interest. Also look at "Chapter 3: Design, safety and the quality of development" with particular reference to policies QD1 and QD2.

Dowload this document

There are many more sources out there and much free advice. You can find more links on our "Useful Links" page. If you really want to know, and get involved, then start now! Before it is too late.