Publishing and processing comments
By law, all comments received must be open to public inspection, as they form part of the statutory register for planning applications.
We publish comments on our planning system, although personal data, such as hand written signatures, email address and telephone numbers will be removed (redacted). However, the names and addresses of those people who commented on the application is published. Business details will not be removed.
The General Data Protection Regulations (GDPR) gives rights to you about how your personal data is obtained and used by us, the data controller. We will retain your correspondence, as is required in accordance with the town and country planning legislation. We may also share information you provide with other departments of the council and certain organisations, such as statutory and non-statutory consultees and the Planning Inspectorate, as is required by statute and for the purposes of processing the application and/or appeal.
We therefore process your personal data in the exercise of our official authority and in carrying out a task in the public interest. You have rights of access, rectification, erasure and restriction in respect of your personal data.
If you have any concerns regarding how your data is processed and/or retained, please speak with an officer from the development management team initially. You may also wish to refer the matter to our data protection officer, or you can complain to the Information Commissioner.
Offensive and racist comments
Offensive, racist, discriminatory, threatening and other statements that are not relevant will not be published. If such comments are included, then elements of your representation made be removed/redacted or your whole representation may not be published. These comments will not be taken into consideration in the determination of the application.
Anonymous or private/confidential comments
Due to the legal requirement to make representations available for public inspection, we cannot accept anonymous comments or those marked private or confidential.
Making comments
Comments on planning applications should be submitted online via the planning database page.
Once you input the relevant application number you will be asked to ‘Add comments here’ where they should go. Along with your details. There is a 2,000 word limit.
If you need to submit additional information you can email: [email protected]
You are also able to send comments in via post:
Development Management
Tamworth Borough Council
Marmion House
Lichfield Street
Tamworth
Staffordshire
B79 7BZ
What we can and can't consider
Please give detailed reasons about why you support or oppose a proposal and be aware of what we can and can't take into consideration (see below).
It's also worth remembering that it's not the number of responses that may affect a planning decision, but the planning issues raised.
In considering a planning application, we have a statutory duty to have regard to the provisions of our local plan and any other material considerations.
What planning issues we can consider
The most common material considerations we can include the following, although the list is not exhaustive.
- Local and national planning policies.
- Government circulars, orders and statutory instruments.
- Previous planning decisions (including appeal decisions).
- Design, visual appearance, and materials.
- Layout and density of buildings.
- Loss of daylight or sunlight.
- Overshadowing/loss of outlook (but not loss of view).
- Overlooking/loss of privacy.
- Noise and disturbance from use.
- Smells.
- Light pollution.
- Highway safety issues.
- Traffic generation.
- Vehicular access.
- Adequacy of parking.
- Impact/loss of trees/hedgerows.
- Landscaping.
- Nature conservation and effect on protected species.
- Intrusion into the open countryside/green belt.
- Risk of flooding.
- Effect of listed buildings and conservation areas.
- Archaeology.
- Hazardous materials and ground contamination.
- Comment online
What issues we can't consider
We can't take the following concerns into account through the planning process:
- Loss of view including over other land.
- Rights to light.
- Loss of property value.
- Breach of restrictive covenant.
- Loss of trade to a competitor.
- The level of profit a developer might make.
- Personal circumstances of the applicant (in most cases).
- Objections based on race, ace, religion, or sexual orientation of the applicant.
- Moral objections e.g. to uses such as amusement arcades and betting offices.
- Matters controlled under building regulations or other non-planning laws, e.g. structural stability, drainage, fire precautions, environmental protection etc.
- Private issues between neighbours e.g. land/boundary disputes, loss of ability to maintain property, damage to property, private rights of way, covenants etc.
- Problems arising from the construction period of any works, e.g. noise, dust, construction vehicles etc.
- The development is already completed.
- Retrospective nature of approval sought i.e. if development is already built or started without permission. It is still necessary to look only at the planning merits.
Of vital importance is that applications must, under the legislation, be determined in accordance with the local plan, unless other issues suggest that this would be inappropriate.