South Lakeland District Council is the local
planning authority for all areas of South Lakeland not included
within the Lake
District or Yorkshire Dales National
Parks.
The Planning Committee is responsible for
considering those planning applications which have not been
delegated to officers. It meets once a month, typically starting at
10.00 a.m. on a Thursday, in the District Council Chamber, Kendal
Town Hall.
The Council encourages public participation at
its meeting, including the Planning Committee. More information can
be found on the
Public Participation webpage which also outlines the procedure
for meetings.
Planning Committee
Decisions
The planning system operates to regulate the
use of land in the public interest and not to protect private
interests.
There are three possible decisions that the
Planning Committee can take with regard to planning applications
– approve, refuse or defer.
By law, decisions must be based upon planning
considerations, namely:-
·
Development Plan policies of the Council (South Lakeland Land
Allocations DPD, Core Strategy and Local Plan);
·
Central Government Guidance – The National Planning Policy
Framework; and
·
Other material considerations – must be related to
planning.
Examples of other material considerations
include: loss of privacy, overshadowing, design, highway safety,
traffic and parking, noise from the proposed use (not building
works during construction), incompatible uses, scale of development, appearance of development,
wildlife, trees, flooding and/or the effect on conservation areas
and/or listed buildings.
Decisions cannot, however, be based upon
personal issues with neighbours, loss of private views, business
competition, noise or disturbance during building operations,
property devaluation, private covenants, boundary disputes and/or
the impact of private rights of access.
Appeal against a
decision
As an applicant, if you are unhappy with a
decision made by the Planning Committee, information on your
options in appealing a decision can be found
on the following page.
As a third party to an application there are a
limited range of actions you can take.
South Lakeland District Council operates an
internal complaints process. For more information, please contact
the Planning
Department and a member of staff will be able to advise
you.
You can also complain to the Local Government
Ombudsman or seek to have the High Court review the decision. These
bodies will only investigate the process followed in making the
decision and not the planning merits of the decision. In the case
of a High Court review you should seek immediate legal advice
because there are time limits to any action you can take.
If you have any queries about your right of
appeal please contact the Planning
Department and a member of staff will be able to advise
you.