Search site

Have your say on planning applications, public rights of way and certain highway matters

Find out about the arrangements Colchester Borough Council has put in place to enable anyone who wishes to object to or support a planning application, an order to create, divert or extinguish a public right of way, or certain other highway matters, and to speak at the meeting at which the application or other matter is being considered. This information describes exactly how you can have your say.

Have your say!

On planning applications, public rights of way and certain highway matters

Colchester Borough Council has put in place arrangements to enable anyone who wishes to object to or support a planning application, an order to create, divert or extinguish a public right of way, or certain other highway matters, to ask to speak at the meeting at which the application or other matter is being considered.  This information describes exactly how you can have your say.

You may also like to read our information on:

■ Have your say!

■ Objecting to planning applications

■ Guides for householders, businesses and listed building owners

How are planning applications and public rights of way decided?

When the council receives a planning application, neighbours and other people affected will be notified by letter, inviting comments or objections.  Straightforward applications will be decided by the Head of Environmental and Protective Services. Larger and more controversial applications will be considered by councillors.

Meetings of the Planning Committee are held fortnightly, usually on Thursdays at 6pm in the Town Hall.  Use this link to check the date of Planning Committee meetings.  You are welcome to come to any of these meetings to hear the debates, and, if you wish, to make a comment about any planning application or highway matter which is being considered at the meeting.

To find out when an application or public right of way order is being considered, please telephone the relevant number shown at the end of this page.  You can see agendas at council offices and by using this link to minutes, agendas and reports.     Paper copies of agendas will be available for you to use at the meeting.

From being told about a planning application, you will normally have 21 days to make your views known in writing.  Any views given in writing will be summarised as part of the officer's report to committee.

How can I have my say on a planning application?

Important note:  we can only allow one objector and one supporter to speak on each application.  If several people have attended to speak on a single application or public right of way order, you must agree among you before the start of the meeting that one person will speak against or in support of the application on your behalf. If this does not happen, or you cannot agree, then we may not be able to let anyone speak on that application.

You will be allowed to speak for up to three minutes only so aim to make your views very concise.  Material planning considerations are the issues which the committee can take into account in reaching a decision and they can be found further below. The chairman may re-arrange the order of items on the agenda to avoid people waiting for a long time.

What happens when my item is considered?

■ the officer makes his or her report, adding to, updating and illustrating the written report already circulated to committee members

■ the chairman will invite one objector to sit at a place close to the meeting table. They will be asked for their name and whom they represent and invited to speak for up to three minutes

■ the applicant or a representative or supporter, if present, will then be invited to speak - also for up to three minutes

■ any ward councillors present will also be invited to speak - for up to five minutes

■ the councillors who make up the committee will then debate the matter, and may ask for further information from the officer, before coming to a decision

■ speakers will not be allowed to ask questions, and committee members will not be able to ask questions of speakers

■ consideration of an application or highway matter will not be delayed simply because someone who wishes to speak is unable to attend the meeting, or is not called on to address the meeting.

What can I say at the meeting?

Please limit your views to the planning application, public right of way or highway matter.  The chairman may disallow or terminate any public participation which is scurrilous, vexatious, improper, irrelevant or otherwise objectionable.

You will be allowed to present a petition to the chairman, but you will not be allowed to distribute photographs, illustrations or written material at the meeting.  It is best to send these as part of any written objection.

For planning applications, please confine your comments to material planning issues which may be taken into consideration in reaching a decision.  They are:-

■ planning policy such as the Local Plan and structure plans, other local planning policies, government guidance, case law, previous decisions of the council

■ design, appearance and layout

■ impact on visual or residential amenity including potential loss of daylight or sunlight or overshadowing, loss of privacy, noise disturbance, smell or nuisance

■ impact on trees, listed buildings or a conservation area

■ highway safety and traffic

■ health and safety

■ crime and fear of crime

■ economic impact - job creation, employment market and prosperity.

The following are not 'relevant planning issues' and the Planning Committee cannot take them into account in reaching a decision:-

■ land ownership issues including private property rights, boundary or access disputes, restrictive covenants, rights of way, ancient rights to light

■ effects on property values

■ loss of a private view

■ identity of the applicant, their personality, or a developer's motives

■ competition

■ the possibility of a "better" site or "better" use

■ anything covered by other types of legislation.

Will a decision be made at the meeting?

Most planning applications, public right of way or highway matters considered by councillors are decided at their first hearing at the Planning Committee.  However, some decisions may be deferred:

■ for a site inspection by councillors

■ for more information to be obtained, or for negotiations to take place

■ for a determination by the Secretary of State in cases where the application is contrary to the current Local Plan or if the application affects a Grade I* or 2* listed building.

You can attend and ask to speak again if the issue is reconsidered at a future meeting.

HOW TO CONTACT US:

For planning applications and certain highway matters and matters of diversion or stopping up of existing public rights of way, please write to:

Colchester Borough Council
Environmental and Protective Services
33 Sheepen Road
Colchester
CO3 3DZ

Telephone:  01206 282424 Fax: 01206 282598

e-mail:  planning.services@colchester.gov.uk

For other public rights of way and highway matters, please write to:

Essex County Council
Highways and Transportation
East Area Office
910 The Crescent
Colchester Business Park
Colchester
CO4 9QQ

Telephone:  0845 603 7620 Fax:  01206 838608

e-mail:  highways.eastarea@essex.gov.uk