In respect of notifying neighbours about a planning application there are a number of statutory and non-statutory ways that Forest of Dean District Council carries out this important process.
Statutory duties
Site notices
A green site notice will be posted by the district council to publicise all proposed developments including applications which:
- affect a Listed Building or its setting or the character or appearance of a Conservation Area
- are accompanied by an environmental impact assessment
- are a departure from the development plan
- affect a public right of way
for which it is a statutory requirement that notices are posted
Newspaper advertisements
In addition to site notices, a statutory advertisement will be inserted by the district council in a local newspaper for the proposed developments listed above.
Non-statutory additional methods
Website
The planning page of the Forest of District Council website allows individuals to sign up and be alerted to planning applications within a chosen area. Individuals are able to track applications through their journey online and be alerted to any changes that are made to it. This is the best way for residents to be notified of and stay in touch with planning applications.
Neighbour notification
The case officer may also decide to notify other properties at the time of their site visit with a flyer posted through the door. Such publicity will be undertaken where the case officer considers the adjoining property might be materially affected in planning terms, whose property is located some distance away from where the site notice was posted and they have not yet commented. The discretionary inclusion of a property in any neighbour notification undertaken by this method will be assessed on a case by case basis and depend to some extent on the nature, use and layout, as well as the nature and character of the proposed development itself.
FAQ
Does the council still send letters to neighbouring properties?
The council is required to advertise planning applications by either posting a site notice OR notifying any adjoining owner or occupier by letter. The council has chosen to notify neighbouring properties using site notices with the flyer process as a supplement to try to ensure that all relevant parties have the opportunity to comment.
How will the case officer decide who is given a flyer
Ultimately, the decision on which properties ‘may be affected by the proposed development’ is made by the Planning Officer based on his/her professional assessment of the proposal and its likely impacts on neighbouring properties and the area surrounding the site.
Why has the council stopped sending letters?
The council’s previous neighbour notification arrangements were costly and did not have regard to changes in technology. The revised approach takes advantage of technology to make information on planning applications more widely available and also deliver significant savings to the council whilst ensuring that those without access to technology can also comment.
Where are site notices placed
Site notices will ideally be posted on the application site itself in a position where they can be read from a public vantage point. Where this is not possible they will be attached to the closest piece of street furniture.
How many site notices will be posted?
For most applications only one site notice will be posted. For larger sites more than one site notice may be posted, as will also occur when the frontage of the application site is not likely to attract attention from those most affected.
How long will the notice be displayed for?
The site notice should be displayed for at least 21 days.
What if the site notice gets removed?
If the council is made aware that a site notice has been removed within the 21 days it will then be replaced by a new site notice. The new site notice will include the same date as the original and the time frame for any responses will remain as originally posted.
Site notices that are removed, defaced or obscured without any fault or intention of the council will only be replaced once.
What if I haven't been notified?
If we haven't notified you of an application this doesn't mean that you can't make your views known. If you want to comment, regardless of whether or not we informed you about the application, please do so.
What happens if I receive the flyer later in the process and it only gives me limited time to respond?
If you feel that you require more time to comment on an application please contact the case officer directly to arrange an extension of time to submit comments.
What happens if the application is changed (amended) before it is decided by the council?
The council may negotiate changes (known as amendments) to schemes following an initial assessment of a proposal and/or following an assessment of comments or objections made. There is no statutory obligation to consult on amendments but where changes are significant it is the council's general policy to re-publicise the application by way of posting a pink site notice, re advertising on the website and re notifying relevant statutory consultees. A period of 21 days is usually allowed for comment to be made. Neighbours who have not commented to the council will not be re-notified of changes by way of a flyer unless the amendments are likely to have an impact on their property which is considered to be worse than the original plans. Where representations have been made to the application the council will seek to electronically notify parties of the amended scheme and as such all persons are strongly encouraged to provide an electronic address where ever possible.
Will the application be invalid if I do not receive a letter?
No. The law requires that either letters or site notices are used. As we are using site notices for all applications the posting of additional flyers is an additional safeguard but is not legally required and as such even if you think you should have had a letter but did not this will not prevent the determination of the application.