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OBJECTING TO - or SUPPORTING - Planning Applications (PAs)
Why?
Because you may have good reason to OBJECT to a planning application. Don’t forget that you might alternatively wish to SUPPORT a planning application. The mechanisms are very similar and are described below.
How?
Find out the details of the PA by accessing the Aberdeenshire Council website (http://www.aberdeenshire.gov.uk/planning/apps/index.asp ) or by visiting the relevant Council office*.
Comments must be in writing. You can do this either direct from Aberdeenshire Council’s website or by letter - quoting the reference number and/or title of the PA - to the Head of Planning Services (Aberdeenshire Council) at the relevant Council office*. You should say that you object to (or support) the application and say why (see below).
You can use ordinary email, but the body of the text must contain your name and postal address.
When?
In theory, you only get a fortnight after publication of the PA. In practice, the Council’s planning officers will often choose to pay attention to comments after this deadline. Even if you are after the deadline, go ahead and write.
What?
The law says that Councils must decide on PAs in accordance with the Local Plan, unless material considerations indicate otherwise. Most of the following are generally considered material:-
- Local Plan or Structure Plan - even if only in draft
- Government policies, contained in National Planning Policy Guidance (NPPG) and Scottish Planning Policy (SPP) notes
- Suitability of the site, e.g. contamination/ flooding issues
- Visual appearance and relationship to surroundings, e.g. building materials, height, scale, design, layout, landscaping
- Privacy, over-shadowing, over-development and lack of natural light
- Nuisances such as noise, smell, fumes, glare from floodlights or headlights of vehicles.
- Safety problems e.g. firework factory next to houses.
- Impact on listed buildings or conservation area.
- Compatibility with existing uses
- Economic benefits, e.g. creation of jobs
- Needs of the area (social or leisure facilities, affordable housing)
- Suitable access and transportation, including road safety, parking issues, effect on pedestrians and cyclists, amount of traffic
- Adequacy of infrastructure, e.g. sewerage, drainage and water
- Impact on archaeology or nature conservation
- Planning history of the site, including decisions on previous planning applications on the same site, particularly appeal or court decisions
Items which are not “material considerations” – and are therefore not relevant to planning objections - include:
- Personal circumstances of the applicant or objector, e.g. devaluation of property, private property rights including boundary and access disputes
- Private interests, e.g. loss of a view, competition between businesses
- Moral considerations, e.g. sex shops, religious objections to Sunday working.
- Political considerations or ideological dislikes, e.g. private hospitals
- Cost of the development
- Applicant's lack of ownership of the site
- Issues covered by other legislation, e.g. health and safety regulations, licensing, building control
For more on the planning process, the “Planning Aid for Scotland” charity (http://www.planning-aid-scotland.org.uk ) is very helpful.
* The relevant Council offices are Viewmount, Arduthie Road, Stonehaven AB39 2DQ (01569 762001) for Drumoak or Durris and School Road, Alford AB33 8TY (01975 564801) for Crathes
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