When a planning application is made to the Council, it will be checked for validity before we notify all those neighbours whose land or property either adjoins the application site or lies within 20 metres of it. If there are no buildings on neighbouring land to which a notice can be sent, we will advertise the application in the local press. You may find out about a planning application through being notified as a neighbour, or you may find out about it by seeing a press advert or by word of mouth.
No matter how you learn about a planning application and no matter where you live, if you so wish, you have a right to make your views known to the Council. It is, however, more common for immediate neighbours to have the most significant comments to make.
Our online planning system| is now available, and you can access planning applications at home through any web browser. Free high speed internet access is available in all public libraries|, and applications can therefore be inspected throughout the Falkirk Council area. The planning application and submitted plans are available for public inspection during normal office hours at Development Services. An appointment is not necessary.
Before commenting on a planning application, it is best to look over the submitted plans and determine for yourself what is being proposed. Assistance in interpretation of the plans can be given by our Duty Officer.
How can I make valid comments?
The Council encourages you to make your views known if you support what is being proposed. However, most comments made by the public are critical of what is being proposed. The Council can only consider representations that are valid on planning grounds.
Valid objections
The following matters are usually taken into account:
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contrary to Government guidance and legislation
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contrary to the Structure Plan and Local Plans
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appearance (design, materials etc) and layout
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traffic, parking or access problems
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amenity (see below)
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conservation of buildings, trees and the natural environment
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previous decisions on planning applications for a similar development
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noise, disturbance and smells
The Council cannot take into consideration representations that are invalid.
Invalid objections
The following matters are usually not relevant:
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issues covered by other legislation e.g. Licensing, Building Control, Health & Safety Regulations
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private property rights (e.g. boundary or access disputes)
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the applicant's morals, motives or activities elsewhere
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perceived impact on property values
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competition between businesses
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loss of view
Amenity
Loss of amenity is a very subjective matter. The following matters are, however, usually taken into account:
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the effect of a proposal on sunlight and daylight conditions of neighbouring properties
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the effect on the privacy of neighbours
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any overbearing or overcrowding effect on neighbouring properties
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How long do I have to make comments?
You will have at least 21 days in which to make your views known. It is therefore in your interest to submit any comments in writing, via email to dc@falkirk.gov.uk| or through our online planning pages| as quickly as possible. Written comments should be signed and should include your address. Email comments should include your address. All should clearly identify the application site and proposed development.
Please note that comments on planning applications cannot be treated as confidential as they will form part of the public record. If you submit a representation, all details provided, including your name and address (but not your email address or your signature) will be made available on the Council website.
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Can other people help me to make my views known?
If a lot of people share your views on a planning application, you can organise a petition and present it to us. If you organise a petition, make sure it is properly set out with its purpose and legible names and addresses of those signing it. It is better to have a small petition from neighbours who will be affected by the proposed development, than a long one signed by almost anybody.
The local press may report and publicise planning applications if they find the story of general interest. Letters to the press are no substitute for writing to the Council, but they can help people with similar views to get together.
As well as contacting us to view or comment on the plans, you can contact or write to your local Councillor(s) to express your views. You may also wish to contact or write to the Chairman of the Planning Committee.
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What happens next?
Once your letter, e-mail or online comment is received, the Council will normally acknowledge its receipt within two working days and inform you who is dealing with the application. Any comments made are only a part of the process of considering and determining a planning application. The area officer dealing with the application will form a professional opinion on the acceptability, or otherwise, of the proposal based on the Development Plan and other Council and Government policies and consultations with relevant authorities.
Your comments are important and where valid will be taken into consideration in the determination of the planning application.
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Pre-determination Hearings
Pre-determination Hearings are required for national developments and for major developments that are significantly contrary to the Development Plan. In addition to the right to submit written representations to the Council, this new procedure allows the views of applicants and those who make representations to be heard before a planning decision is taken.
The precise procedure for these mandatory Pre-determination Hearings is a matter for Falkirk Council to decide, including who should be invited to participate. (Further detailed guidance will be published).
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Who makes the final decision?
The Council's Scheme of Delegation specifies the categories of "major" and "local" scale development which can be decided by officers on the Council's behalf and which categories must go to Committee for a decision.
Local scale applications decided within the Scheme of Delegation can, if the applicant so wishes, be reviewed by the Council's Planning Review Committee. The Council's statutorily approved Scheme of Delegation will be made available in the near future.
The Act provides that the Committee can decide to determine an application that could otherwise be delegated under its statutory approved Scheme of Delegation. Where this happens a statement of the reasons for the decision to determine the application at Committee must be made and copied to the applicant.
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What happens at the Planning Committee Meeting?
If appropriate, an application will be referred to the Planning Committee or Full Council for determination. A report on the application is prepared and put on the agenda. You can attend the meeting as it is open to the public. Neither the applicant, nor any objector can speak at the meeting. Some applications are referred to the Planning Committee (On-Site). This Committee visits the site and both the applicant, and any objector who has made written (or electronic) comments, are invited to speak at this meeting.
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What happens after a decision has been made?
Where appropriate, we will inform you, in writing, within three working days of the decision. You can view the determined application at Development Services, or online here|.
In some instances, particularly at Committee, a decision will be taken which indicates support for the application, subject to further information being submitted, or subject to further procedures being required. Again, we will inform you of this type of decision. If you are not happy with the decision taken, the Planning Officer who dealt with the application will be pleased to explain why the decision was taken.
Unlike an applicant who has a right of appeal to the Council's Planning Review Committee on a local scale application or to the Scottish Ministers on a major scale application, you have no right of appeal if you are aggrieved by the decision. If the applicant appeals the decision, you may be involved to either support the Council or the applicant in the appeal process.
In some instances you may feel that the Council has failed to follow the correct procedures in processing the application. If this is the case, you may be able to complain to your Local Ombudsman. The address is:
The Scottish Public Service Ombudsman
4 Melville Street
Edinburgh
EH3 7NS
Tel: 0800 377 7330
email: ask@spso.org.uk|
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