Planning Policy Wales - Brecon Beacons National Park

3.1.7 The planning system does not exist to protect the private interests of one person against
the activities of another. Proposals should be considered in terms of their effect on the amenity
and existing use of land and buildings in the public interest. The Courts have ruled that the
individual interest is an aspect of the public interest, and it is therefore valid to consider the effect
of a proposal on the amenity of neighbouring properties. However, such consideration should be
based on general principles, reflecting the wider public interest (for example a standard of ‘good
neighbourliness’), rather than the concerns of the individual.
3.1.8 When determining planning applications local planning authorities must take into account
any relevant view on planning matters expressed by neighbouring occupiers, local residents and
any other third parties. While the substance of local views must be considered, the duty is
to decide each case on its planning merits. As a general principle, local opposition or support for
a proposal is not, on its own, a reasonable ground for refusing or granting planning permission;
objections, or support, must be based on valid planning considerations. There may be cases where
the development proposed may give rise to public concern. The Courts have held that perceived
fears of the public are a material planning consideration that should be taken into account in
determining whether a proposed development would affect the amenity of an area and could
amount to a good reason for a refusal of planning permission. It is for the local planning authority to
decide whether, upon the facts of the particular case, the perceived fears are of such limited weight
that a refusal of planning permission on those grounds would be unreasonable.
3.1.9 The Assembly Government’s Model Code of Conduct for elected and co-opted members
of county / county borough councils, community councils and national park authorities sets
out recommended standards of conduct they should follow in the performance of their
duties. All relevant authorities are required to adopt the Code and all members must give written
undertakings to be bound by it. A breach of the Code may constitute maladministration, misconduct
or both. Elected members must declare any pecuniary or personal interest in any application
before them and in most cases should not speak or vote on any proposal where they have such an
interest 4 . Officers are expected to observe their authority’s employees’ code of conduct and relevant
professional codes in performing their duties 5 6 7 .
3.2 Exceptions to the process: permitted development rights
3.2.1 The Town and Country Planning (General Permitted Development) Order 1995 (GPDO) as
amended gives a general permission for certain defined classes of development or
use of land, mainly of a minor character. The most commonly used class permits a wide
range of small extensions or alterations to dwelling houses. Development requiring Environmental
Impact Assessment does not benefit from permitted development rights. Schemes for Simplified
Planning Zones also confer planning permission for developments of types defined in the scheme.
Under the 28 and 56 day determination procedure local planning authorities may require their prior
approval to be obtained before certain permitted development rights can be exercised. In National
Parks and other areas specified in Article 1(6) of the GPDO, and within the areas of land specified
in Article 1(5) of the GPDO - Areas of Outstanding Natural Beauty (AONBs), Sites of Special
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Planning Policy Wales Edition 3 - July 2010 - Chapter 3 Making and Enforcing Planning Decisions