Planning Matters

What powers does Mareham le Fen Parish Council have with respect to planning applications?

Mareham le Fen Parish Council is consulted by East Lindsey District Council on all planning applications. East Lindsey District Council is the Planning Authority for Mareham le Fen parish area. Any views expressed by the Parish Council will be taken into account by the East Lindsey District Council before a decision is made, providing the points made are relevant to the determination of a planning application.

The decision is made by East Lindsey District Council, not the Parish Council.

Mareham le Fen Parish Council will only comment on what are known as “material considerations” that are relevant to the planning application – issues, for example, such as boundary disputes between neighbours or loss of views will not be considered.

The parish council will consider any views that residents and interested parties wish to bring to their attention either by email or by a person attending in person to express a view during the Public Forum at the start of monthly parish council meetings. The parish council encourages all residents to consider planning applications and to submit a comment directly to East Lindsey District Council by post or online and to let the parish council know if you think that there are some issues the parish council should be aware of regarding the planning matter. Sometimes the parish council will become aware of several resident's concerns and this may enable a strong set of comments on behalf of the community to be submitted.

Do parish councils grant planning permission?

Parish councils are not Planning Authorities. Parish councils are statutory consultees in the planning process so they have the right to be consulted about planning matters in their area and the parish council may decide to submit comments.
Parish councils cannot approve or reject planning applications.
They can comment on planning applications in the same way that individuals can comment. Those comments can indicate if they 'support', 'oppose' or are 'neutral' about the planning matter.
East Lindsey District Council decides how long it will take to decide a planning application after the consultation period comes to an end.

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.
Planning items will be shown on the agenda prior to the meeting. The minutes of the meeting published after the meeting will show what comments the parish council decided to make (if any).
The comments agreed in the council meeting are submitted in writing by the parish clerk to East Lindsey District Council. These will be displayed on East Lindsey District Council’s planning webpages relating to that planning application.
The process is exactly the same as that of an individual wishing to comment on a planning application.

Valid reasons for comment on a Planning Application

Comments that are clear, concise and accurate stand more chance of being accepted than those that are not. When planning applications are considered, the following matters can all be relevant. These are sometimes referred to as ‘material planning considerations’:

Central government policy and guidance - Acts, Circulars, Planning Practice Guidance Notes (PPGs) etc.
East Lindsey District Council’s Development Plan - and any review of the Development Plan which is underway.
Adopted supplementary guidance - for example, village design statements, conservation area appraisals, car parking standards.
Replies from statutory and non-statutory agencies (for example, Environment Agency, Highways Authority, Heritage Officer, Education Department, Water and Drainage Companies).
Representations from others - neighbours, amenity groups and other interested parties so long as they relate to land use and planning matters.
Effects on an area - this includes the character of an area, availability of infrastructure, density, over-development, layout, position, design and external appearance of buildings and landscaping
The need to safeguard valuable resources such as good farmland or mineral reserves.
Highway safety issues - such as traffic generation, road capacity, means of access, visibility, car parking and effects on pedestrians and cyclists.
Public services - such as drainage and water supply, medical, education needs, Police.
Public proposals for using the same land
Effects on individual buildings - such as overlooking, loss of light, overshadowing, visual intrusion, noise, disturbance and smell.
Effects on a specially designated area or building - such as conservation areas, listed buildings, scheduled monuments and areas of special scientific interest.
Effects on existing tree cover and hedgerows.
Nature conservation interests - such as protection of badgers, great crested newts and other plants and wildlife.
Public rights of way
Flooding or pollution.
Planning history of the site - including existing permissions and appeal decisions.
A desire to retain or promote certain uses - such as playing fields, village shops and pubs.
Need for the development - such as a petrol station
Prevention of crime and disorder
Presence of a hazardous substance directly associated with a development
Human Rights Act
Precedent - but only where it can be shown there would be a real danger that a proposal would inevitably lead to other inappropriate development (for example, isolated housing in the countryside).

Irrelevant reasons for objection

There are certain matters which do not amount to ‘material planning considerations’ under current legislation and guidance. These matters cannot be taken into account in considering a planning application and should not be included in objections as they weaken your case:

Speculation over future use
The identity of the applicant or occupant
Unfair competition
Boundary disputes
Breach of covenants and personal property rights, including personal (not Public) rights of way
Loss of a private view
Devaluation of property
Other financial matters
Matters controlled by other legislation - such as internal space standards for dwellings or fire prevention
Religious or moral issues - such as betting shops and amusement arcades
The fact that the applicant does not own the land to which the application relates
The fact that an objector is a tenant of land where the development is proposed
The fact that the development has already been carried out and the applicant is seeking to regularise the situation. (People can carry out development at their own risk before getting planning permission – they may have to pay to undo the work if not approved later so it can carry a big risk).
The developer’s motives, record or reputation

Other Matters – “concerns and issues”

The person making a planning application has to provide enough information for the application to be determined. They do not have to provide every single detail before an application can be approved because certain matters can be resolved by way of conditions included as part of the permission.

Because of this, certain issues may not be considered as ‘objections’ but it is entirely reasonable for you to raise concerns on such issues and to ask to be kept informed before they are approved. These include:

The proposed type and colour of the materials to be used
The exact nature of any proposed planting or boundary treatment
You may suggest conditions that could be applied if the plans are approved by East Lindsey District Council, such as, the planting and maintenance of boundary fencing and hedging, times of business operations, a certain amount of soundproofing for a business premises to reduce nuisance, provision of environmental mitigations to reduce the effect on the natural environment.

Appeals

The person making a planning application has to provide enough information for the application to be determined. Once East Lindsey District Council has decided the planning application if the applicant disagrees with the decision, they may appeal to the Planning Inspectorate with reasons why they think the decision is wrong. Those parties who responded during the original consultation period will be invited to comment on the grounds for the appeal. The parish council may decide to comment on an appeal taking into account any new information provided by the appellant.

Enforcement

East Lindsey District Council can take enforcement action against persons or organisations that do not comply with a planning decision or condition. Mareham le Fen Parish Council does not enforce planning decisions or conditions. Residents may, however, bring planning breaches and failures to the attention of the parish council seeking advice and support and issues may be raised with District Councillors and directly with East Lindsey District Council.

Other sources of help and guidance

This summary is not an authoritative statement of the law and the procedures and guidance may change over time. There are very informative webpages that may provide more detailed information and guidance such as on

This page was updated 26th January 2022