Planning Applications
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Do I need planning permission?
If you are contemplating any building works on your property, you do need to consider whether you need to get permission from the council. Smaller changes might need Building Regulations approval, larger changes will probably need planning permission. Some changes are deemed to be permitted development under government regulations and do not need planning permission. However a homeowner may apply for a Lawful Development Certificate if they are not sure.
You can use the Interactive House on the Planning Portal webpages to find out whether planning permission or building regulations approval will be needed.
Planning applications
Where planning permission is needed, an application needs to be made to Sevenoaks District Council (in Hartley and New Ash Green's case, or Dartford Borough Council if you live in Longfield). Often it is helpful to discuss your proposals with planning officers first. There is a fee for planning applications, so it may be helpful to be told before then that an application has little chance of success.
The Council then has to publicise the application. They usually do this by sending letters to the neighbours, or putting up a site notice and advertising the application on their website. Some are also advertised in the public notices section of one of the local papers. There are a number of "statutory consultees" that they must write to also if the plans affect them, for example, English Heritage, the Environment Agency, and the Highways Authority. The Parish Council are consulted on nearly all planning applications.
The officers at the Council have to form a view as to whether or not to grant permission, and if they grant permission, what conditions need to be attached to the permission. Sometimes a householder, on learning their application is not likely to succeed will withdraw it rather than have it refused. The basic rules on determining applications is set out in section 70 of the Town and Country Planning Act 1990:
In dealing with such an application the authority shall have regard to the provisions of the development plan, so far as material to the application, and to any other material considerations.
Dartford Development Plan (2024)
Sevenoaks Local Plan (2011 - they are in the process of drafting a new plan at present)
What constitutes a material consideration includes guidance set out by the Government in the National Planning Policy Framework, any neighbourhood plans and the outcomes of various court cases where a decision has been challenged by judicial review.
Most applications are decided by the planning officers under delegated authority, but some are decided by the council planning sub-committee. At Sevenoaks councillors decide on significant applications, or where a district councillor has requested it. Dartford has different rules; as well as allowing councillors to request it, officers also have to refer to committee applications with more than 5 objections. Meetings usually allow for one person to speak for and against an application.
If the council refuses an application or grants it with conditions that the applicant dosen't like, the applicant can appeal to the Planning Inspectorate. The appeal will be dealt with either by "written representations" or by a hearing. The applicant can also appeal if the council doesn't make a decision within 8 weeks.
However if planning permission is granted, there is very little an objector can do. A judicial review in the High Court may overturn a planning decision but this is very expensive.
Preliminaries
Applications are dealt with (except in a very few cases) by the District/Borough Council. If the applicant does not own all the interests in the land, then they have to let others know by serving notice on them. In the case of the telephone mast application at Downs Valley, Orange did not serve notice on the correct person, so their application was not deemed to be valid until they had done so.
By law the parish council must be informed of most applications, and the district/borough council must either put up a site notice or serve a notice on all adjoining landowners and occupiers. Details and documents are placed on the council websites
Commenting on Applications
These days most comments are made online using the links to the planning application databases above.
If you are in favour of an application, you can write too! Your neighbour will probably be grateful for the support. If you want to object, then you must be aware that the council can only take account of some objections. By law they must base their decision on the district plan and "other material considerations". Therefore the district plan is the starting point (see above for links). What construes other material considerations is less easy to explain briefly, mostly they have been decided by the courts. One of the common grounds to oppose applications is "neighbour amenity", that is an adverse affect on surrounding properties through noise, overlooking etc. If you think the application is not following the district plan, note down the paragraph number when writing to the council. However there will often be clauses in the plan which will help the applicant, so the council will have to balance various factors.
You must act fairly quickly to comment, as the council is meant to come to a decision within 8 weeks. Try to answer within 3 weeks. Most applications will be decided by the council officers, only about 10% go to the council's planning committee.
The Decision
Once the council has made a decision they will let anyone who has written know. Here lies one of the unfairnesses of the present system. The applicant has the right to appeal against the council's decision, but local objectors in effect do not. An appeal is heard by an inspector appointed by Planning Inspectorate but the minister can also "call in" applications, that is take the decision away from the council.
Historic planning applications
Use the links below to find historical planning applications. Dartford's website includes all applications for Longfield going back to 1921, Sevenoaks has only added applications dating from 1974 for Hartley and New Ash Green.
You can also use the links on this website under the "Info" tab. Select the road you want under places. Historic planning applications for each property are listed there.