Planning applications - how to make your views known

HOW TO MAKE COMMENTS OF OBJECTION OR SUPPORT FOR A PLANNING OR RELATED APPLICATION

General

Comments in the form of a written objection or letter of support can be made by any individual, group or organisation, on any application. However, they must be made within specific time periods and must relate to matters which are 'material' under planning legislation if they are to be taken into account by the planning authority in reaching its decision.

Advice on these matters is included within this Guidance Note.

What can I comment about?

For the objection or letter of support to be material, it must be made for legitimate planning reasons. The following are examples of the most common material and non-material considerations - the list is not exhaustive :

Examples of material planning grounds	Examples of non-material planning grounds
Contrary to/ in accord with the Development Plan (Structure and/or Local Plan(s))	Issues covered by other legislation such as building control, feuing conditions etc
Traffic, access or parking considerations	Damage during construction
Impact of the proposal on the built or natural environment	Business issues relating to the applicant
Design/materials/scale etc of the proposal and its relationship to its surroundings	Loss of private view
Residential amenity (noise, overshadowing, overlooking etc)	Financial viability of the proposal
Effect on setting of a Listed Building or character and appearance of a Conservation Area	Business competition

Comments on matters such as Listed Building Consent must relate to the character of the building and the effect of the works to be undertaken.

Comments on Certificates of Lawful Use and Development (Existing and Proposed) can only be made on the facts of the case, not on its planning merits.

Time periods for comments

The Council will consider for all applications, any comments submitted within 21 days of the date of registration of the application or of advertisement, whichever is the later.

Applications which require to be advertised appear in the 'Edinburgh Evening News' on Fridays.

The Weekly List of Planning Applications, which is available on the Council website and in local libraries, also includes reference to the appropriate period for comments on applications included within the list. In exceptional circumstances, such as over public holiday periods, there may be a longer time-period for comments to be submitted. Please refer to the relevant Weekly List for details.

How should I submit comments?

Comments should be submitted in writing, which can include emails. Comments must include the date and the name and address of the sender, and should clearly state the grounds on which they are made.

It should be made clear, with the inclusion of a reference number where available, which application is being commented upon - there may be more than one application for the same site eg both Listed Building Consent and planning permission may have been applied for.

When using the Council website, a 'Comments' form is available for electronic submission.

Your comment will be acknowledged and you will be notified of the final decision on the application.

You should submit letters of comment to :

Mr Alan Henderson

Head of Planning and Strategy

City Development Department

City of Edinburgh Council

1 Cockburn Street

Edinburgh

EH1 1ZJ

Anonymous/racist representations

Anonymous letters commenting on an application cannot be considered.

The Council operates a specific procedure for handling letters of comment which include racist remarks. Such letters will not be considered, and the writer will be advised of the authority's concerns and asked to amend their letter, or it will be withdrawn.

Third Party contact with the Council

The Council deals with some 5,500 planning and related applications per year and many of them attract letters of comment.

During the processing of an application, it will not be appropriate for the case officer to engage in discussion of the planning issues with third parties. Advice can however be given on progress and procedures. It is similarly inappropriate for case officers to attend open meetings or other meetings with interested individuals as they are unable to enter into discussion of the scheme.

Petitions

Petitions of objection or support may also be submitted and will be considered provided that:

each page of the petition is headed with the aim of the petition
the names and addresses of those signing are provided and are readable
the comments are material in planning terms and clearly stated
the name and address of the petition co-ordinator is included for receipt of acknowledgement and notification of decision

Please note that acknowledgement and notification of the decision will not be made to every individual signatory of the petition.

Confidentiality

Please note that any comment which you make cannot be treated as confidential. It may be necessary to make them available to the applicant/agent to seek resolution of concerns. Material which forms part of an application and on which the final decision is based must also be available for public inspection.

What happens to my letter/email and comment?

Delegated Items

Some applications are considered as Delegated Items, where authority to make the decision on the application is delegated to the Head of Planning and Strategy. Guidance on the Scheme of Delegation is included on the Council website (click here). Where an application has had no letters of objection and complies with the Scheme of Delegation in other respects, then it will be determined as a Delegated Item. In that case letters of support will not be reported to Committee.

Items considered at Committee

Letters of comment/emails are made available to Committee members, and are available at the Council Information Centre 3 working days before the Committee meeting at which the application is to be considered. Applications are considered by the Development Quality Sub-Committee, and comments are summarised in the Committee report.

Committee reports can be viewed at :

The Council Information Centre,

City Chambers (Room 5/44),

High Street,

Edinburgh EH1 1YJ

Tel: 0131 529 3078

Fax: 0131 529 3079

Information Centre Opening Hours

Monday to Thursday 8.30am to 5pm

Friday 8.30am to 4.30pm

Further Information

The Council produces a series of Planning Service Charters, one of which explains the Development Control process. Copies of all Charters are available on the Council website (click here) and free of charge from the Enquiry desk.

If you need further help or information, the Enquiry desk at the main City Development Reception is open for personal visits or telephone enquiries.

Office hours are:

Monday, Tuesday 8.30am to 4.30pm

Wednesday 9.00am to 4.30pm

Thursday 8.30am to 6.00pm

Friday 8.30am to 3.30pm

Tel: 0131 529 3596/0131 529 3900