Guidance Notes

When making your comments you should only refer to planning issues as the Council can only make a decision on planning grounds. These issues are commonly called "material planning considerations".

Issues the Council can take into account (applicable to most types of planning application)

In considering planning applications, the Council has a statutory duty to have regard to the provisions of the Development Plan and any other material considerations as follows:

  • Any policy in the Development Plan (eg Spelthorne Core Strategy and Policies DPD, "saved" Local Plan Policies, South East Plan and other relevant Central Government planning advice)
  • Some of the other most common "material planning considerations" include:
    • Loss of Light
    • Overshadowing
    • Overlooking and/or loss of privacy
    • Adequacy of parking/loading/turning
    • Overbearing
    • Loss of trees
    • Layout and density of buildings
    • Design, appearance and materials
    • Hazardous materials
    • Nature conservation
    • Tourism
    • Disabled persons access
    • Previous appeal decisions
    • Effect on Listed Buildings & Conservation Areas
    • Landscaping
    • Road access
    • Highway safety
    • Traffic generation
    • Noise and disturbance resulting from use
    • Smells
    • Local strategies, regional and national policies
    • Archaeology
    • Previous planning decisions
    • Visual amenity (but loss of private view is not material)
    • Government planning policy guidance, circulars, orders and statutory instruments

Issues the Council cannot normally take into account

  • Matters controlled under the Building Regulations and other law:
    • Safety of materials (e.g. asbestos)
    • Capacity of private drains
    • Encroachment of foundations, gutters, pipes etc
    • Structural stability of the property or adjacent property
    • Terms of alcohol or gaming licences
    • Control of rodents etc
    • Noise and dust from construction works
  • Issues between neighbours/properties:
    • Boundary disputes
    • Private rights of way, light or other easements
    • Private covenants or agreements
    • Damage to property
    • Getting access to property to keep it in good order
    • Feeling towards neighbours
    • The applicant's conduct, private affairs or how a business is run
    • Age, health, status or background of the applicant
    • Size of the applicant's family and need for development
    • How long the applicant has been living in the property
    • The applicant's motives (profit)
    • What the applicant intends to do with the building in the future
    • Loss of private view
    • Loss of trade elsewhere
  • Construction issues such as:
    • Standard of workmanship and the way it is carried out
    • Time taken to do work
  • Precedent - Unrelated decisions that have been made before
  • Moral or other such issues as amusement arcades, betting shops etc
  • Litter (except in very rare circumstances)
  • Loss of value of property
  • Complaints about procedures in dealing with applications

Other Issues

If an extension/development is within 3m of your boundary and permission is granted, the owner is likely to need your consent to undertake the works in accordance with the Party Wall Act 1996.

Please read the following terms:

Whilst every effort has been made to ensure the accuracy of the data, some of the planning information contained within the site is incomplete and must not be used as a substitute for carrying out a formal "Land Charge Search". This includes details of historic applications and constraints on a particular site. No responsibility will be taken for any errors or omissions in the planning information obtained from the website. Similarly the information contained does not constitute in any way a formal notification of a planning decision, and as such any actions taken as a result of information displayed on the site are undertaken entirely at the viewer's own risk.

Please note you may experience problems if you have added your own pop-up blocker software. If this is the case, see your own documentation for enabling the above address.

Important - Copyright Notice

Planning application information submitted to the Council is protected by the Copyright Acts (Section 47, 1988 Act). You may only use material which is downloaded and/or printed for consultation purposes, to compare current applications with previous schemes and to check whether developments have been completed in accordance with approved plans. Further copies must not be made without the prior permission of the copyright owner.

CAUTION: Printed copies and uncontrolled electronic copies of any documents may not be the latest revision.