Search and comment on Planning applications

You can search for a planning application online. Look for the tab called ‘documents’. Here you will find all the documents and also some key dates and information relating to the case.

Your local library can help you view the plans on their public access computers. Find a Denbighshire library.

If you have difficulty accessing a plan, please phone us on 01824 706727.

We give 21 days from the date on a consultation letter, or the site notice for interested parties to make a comment on a planning application. If you have not had a letter, you can check the consultation end date online.

Once the 21 day consultation period has passed, a case officer will assess the responses before writing up a report with a recommendation. Comments can still be received after the 21 day consultation period and will be included in the officer’s assessment, provided the decision has not been issued. As this can happen any time after the 21 days, you are encouraged to submit any comments within the consultation period.

How to make a comment on a planning application

You can make a comment:

• online using the ‘Comment’ tab
• by emailing planning@denbighshire.gov.uk
• writing to Development Management, PO Box 62, Ruthin LL15 9AZ

Once we receive your comments

We are legally obliged to ensure that all responses to planning applications are made public. We do this by placing your comments on our website, including your name and address. Only signatures, telephone numbers and e-mail addresses will be redacted. Comments will be removed 6 months after the application has been determined.

We will not acknowledge receipt of your comments as all responses are available to view on our website. If you do not see your response on the website within 5 working days of sending it to us, please contact us as it is likely that we did not receive them. However, please be aware that in periods of high workload, it can take more time to process responses.

Disclaimer

We will not accept comments submitted anonymously or those which we consider to contain libellous, discriminatory, defamatory or otherwise offensive remarks.

We have absolute discretion in this matter, and reserve the right not to post such comments. We dissociate from any comments made of a libellous, discriminatory, defamatory or otherwise offensive nature.

We also cannot accept any representations which include comments that may be considered racist under the Equality Act 2010, including generalisations, stereotypes or negative perceptions of race, ethnicity or culture.

Generally a racist comment would be one which includes words, phrases or comments which are likely:

• To be offensive to a particular racial or ethnic group
• To be racially abusive, insulting or threatening
• To apply pressure to discriminate on racial grounds
• To stir up racial hatred or contempt.

Any representations considered to meet the criteria above will not be published on the website and will be returned to the sender.  The sender can then consider whether to resubmit their representation without the comments that were considered unacceptable.

If an applicant has any concerns relating to representations published on the website, please contact us in writing clearly outlining the issues of concern and the matter will be carefully reviewed. It is, however, the Council’s decision whether to publish representations on the website or not.

If your letter is one of a number of letters with the same text, it will be scanned and made available on the online planning register in the ‘documents tab’.

If we receive a large number of letters it will not be possible to list all names in the ‘Document Title’ field but we will note how many names and addresses are included. Each letter will be considered by the case officer.

Petitions can support as well as oppose planning proposals and will be published on our website. Petition organisers will be responsible for ensuring consent has been obtained from those who complete the petition to share their data with those bodies with whom you intend to share the petition. This is in accordance with the provisions of General Data Protection Regulations (GDPR).

If you think a lot of people agree with you about a planning application you can organise a petition.

If you decide to organise a petition, please make sure that:

• it clearly says the purpose of the petition
• it gives the reasons why people are supporting or objecting to the application
• the names and addresses of the people signing the petition can be easily read – no need for signatures as these will be redacted
• there is a contact name and address for the person organising the petition

You can find further information on the Information Commissioner's website (external website). If it is not clear that you have obtained explicit consent of signatories to share their data with us and publish their personal information on our website we will not be able to publish the petition in full.

A decision on a planning application can only be made on planning reasons and in line with our Development Plan and not based on the volume of representations for or against.

Planning applications have to be determined in line with our development plan – unless there is a very good reason not to do so.

Local policies

We have a Local Development Plan (LDP) that outlines policies that refer specifically to the local area. Find out more about our LDP.

National policies

All applications will need to be assessed against National Policies and these are material considerations.

The majority of planning applications will be dealt with under Delegated Powers by the case officer and confirmed with a Principal Planning Officer. However, should the application meet a trigger point within the Scheme of Delegation, the application may be referred to the next available Planning Committee. The Case Officer will then write a report with a recommendation to grant or refuse, and a vote will then be taken by a panel of Councillors.

Once an application has been determined, a decision notice is sent to the person who noted themselves as the agent on the application form. A copy of the decision notice is made available on our website.

If the application is granted, it is sometimes subject to various conditions and these will be listed in the decision notice. If it is refused, the reasons for refusal are also listed in the decision notice.

When a decision is made on a planning application, only certain issues are taken into account; these are often referred to as ‘material planning considerations’.

The weight attached to material considerations in reaching a decision is a matter of judgement for the decision-maker, however the decision-maker is required to demonstrate that in reaching their decision that they have considered all relevant matters.

Generally, greater weight is attached to issues raised which are supported by evidence rather than solely by assertion.

If an identified problem can be dealt with by means of a suitable condition then the Local Planning Authority is required to consider this rather than by issuing a refusal.

The following are issues that may be relevant to a decision (This is not an exhaustive list):

• Local, strategic, national planning policies and policies in the Development Plan
• Emerging new plans which have already been through at least one stage of public consultation
• Pre-application planning consultation carried out by, or on behalf of, the applicant
• Government and Planning Inspectorate requirements – circulars, orders, statutory instruments, guidance and advice
• Previous appeal decisions and planning Inquiry reports
• Principles of Case Law held through the Courts
• Loss of sunlight (based on Building Research Establishment guidance)
• Overshadowing/loss of outlook to the detriment of residential amenity (though not through the loss of view as such)
• Overlooking and loss of privacy
• Highway issues: traffic generation, vehicular access, highway safety
• Noise or disturbance resulting from use, including proposed hours of operation
• Smells and fumes
• Capacity of physical infrastructure, e.g. in the public drainage or water systems
• Deficiencies in social facilities, e.g. spaces in schools
• Storage and handling of hazardous materials and development of contaminated land
• Loss or effect on trees
• Adverse impact on nature conservation interests & biodiversity opportunities
• Effect on listed buildings and conservation areas
• Incompatible or unacceptable uses
• Local financial considerations offered as a contribution or grant
• Layout and density of building design, visual appearance and finishing materials
• Inadequate or inappropriate landscaping or means of enclosure

The following are issues that are not relevant to the decision (This is not an exhaustive list):

• Matters controlled under building regulations or other non-planning legislation e.g. structural stability, drainage details, fire precautions, matters covered by licences etc.
• Private issues between neighbours e.g. land/boundary disputes, damage to property, private rights of access, covenants, ancient and other rights to light etc.
• Problems arising from the construction period of any works, e.g. noise, dust, construction vehicles, hours of working (covered by Control of Pollution Acts).
• Opposition to the principle of development when this has been settled by an outline planning permission or appeal
• Applicant’s personal circumstances (unless exceptionally and clearly relevant, e.g. provision of facilities for someone with a physical disability)
• Previously made objections/representations regarding another site or application
• Factual misrepresentation of the proposal
• Opposition to business competition
• Loss of property value
• Loss of view