When a Planning Application is made to the Council, the applicant has to notify all those neighbours whose land or property either adjoins the application site or lies across the road from it. 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, you have a right to make your views known to the Council on any Planning Application. It is, however, more common for immediate neighbours to have the most significant comments to make.
The Planning Application and submitted plans are available for public inspection during normal office hours at the Development Control office. An appointment is not necessary.
Please note that in relation to Applications that are required to be advertised in the Bo’ness Journal, a copy of the Application is available for inspection at:
Bo'ness One Stop Shop
24 East Pier Street
Bo’ness
EH51 9YY
If possible, before commenting on a Planning Application, it is best to inspect the submitted plans and determine for yourself what is being proposed. Assistance in interpretation of the plans can be given by the Development Control Duty Officer.
If you are disabled or housebound for any reason and would find it difficult to come to these offices, we may be able to make arrangements to have the Application available for inspection at a more convenient location.
How can I make valid comments?
The Council encourages you to write in 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
How long do I have to make comments?
For most applications you will have 14 days in which to make your views known. In some cases you will have 21 days. It is therefore in your interest to submit any comments in writing as quickly as possible. Comments may be made to the Council both in writing and by email.
Written comments should be signed and should include your address. Email comments should include your address. Both should clearly identify the application site and proposed development.
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 the plans, you can contact or write to your local Councillor to express your views. You may also wish to contact or write to the Chairman of the Regulatory Committee.
What happens next?
Once your letter 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.
However, your comments are important and where valid will be taken into consideration in the determination of the planning application.
Who makes the final decision?
Over 90% of all applications are determined under delegated powers. Uncomplicated applications with no valid objections are dealt with by one of two Development Control Co-ordinators. Other applications that might have valid objections or raise issues of policy are dealt with by the Development Control Manager, the Head of Planning & Transportation Services or the Director of Development Services.
The remainder of applications are dealt with by the Regulatory Committee. These are usually applications where the proposals are large scale, raise important policy issues, generate widespread public interest or where the recommendation is to grant the application contrary to the Development Plan.
What happens at the Regulatory Committee Meeting?
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 Regulatory Committee (On-Site). This Committee visits the site and both the applicant and any objector who has made comments, in writing, are invited to speak at this meeting.
What happens after a decision has been made?
Where appropriate, we will inform you, in writing, within three working days of the decision and you can view the determined application at Development Services. The address is given above.
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 Secretary of State, you have no right of appeal if you are aggrieved by the decision. If the applicant appeals to the Secretary of State 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|