Planning Permission Applications (Scotland)

Loss of view
Legal/Right of way issues
etc

Is there ANY valid avenue of appeal!? LOL!

That sounds rather odd to me, I was positive you could appeal if the building was going to impinge on the natural light that you previously enjoyed - I know you can take people to court over trees/shrubs that do so and they are but temporary compared to a building.

As for the legal issues - if the building interferes with your legal rights I'm pretty sure you can appeal against it or take them to court so if you wanted to appeal I'd suggest you do so and ignore that notice as I have my suspicions it is merely to prevent frivilous claims.
 
I know it doesn't matter hugely since you don't want to object but the legal rights issue is troubling me slightly, I'm guessing they mean that your contented legal rights (e.g. those you've exercised without issue - right of access, ownership etc) cannot be interfered with anyway so there is no need to object on that basis, it would be tautological. However if the person requesting planning permission was taking part of your land or was changing the use of the property e.g. from residential to say a glue factory (happens to be one of the categories that is limited) then it would be grounds for an objection and those are based on your legal rights so I'd quite happily tell them to bog off with their invalid grounds of objection.
 
I'd be pretty sure that any damage would be expected to be repaired to a suitable standard afterwards so that is probably why they don't count it as a valid ground for objection.

You could be right about the wording, I've read enough to know that obsfucation is a favoured tactic. Too much law is complicated unnecessarily and all too frequently just serves to confuse the public who it is meant to aid.
 
Appeal and objection are two different things in planning terms. You wish to object to the application and you can use whatever grounds you want, whether valid or not, within the designated timescale. However, only valid points of objection are likely to be considered grounds for refusal.

The other option is to gain a weight to the objection (i.e. lots of people objecting) and even to meet your local councillor and get him on-side (can be particularly handy if he sits on the planning committee).

However, if your attitutude is one of NIMBY'ism, then you don't stand much chance I'm afraid.

First thing I would do is go into your local council offices and see where you can look at a copy of the Local Plan covering your area. Have a look at the planning policy guidelines covering the site in question. If these are in accordance with the development proposals being applied for, then you will have to find more generic adopted policy that the proposals contravene.

Also, do some reasearch on Rights of Light. I think there's some fairly descript wording as to what constitutes this, but unless somethings being built withtin 9 meters of your house and very high, it's unlikely there will be any infringement.

I'm not a planning expert but do have some experience so let me know if I can be of anymore help.
 
Ok, not in the words of the planning act as I do not know it well enough, but here goes:

* if the application is contrary to policy (either site specific or council adopted policy)
* if the application is out of keeping with the general area
* if the application could be considered "over development"
* if the application would have an adverse impact on a listed building
* if the application seeks to build too close to your property
* if the application had an adverse impact on your privacy/enjoyment (hard one to prove)
* if the application would have a adverse affect on the local road network (i.e. more cars being parked on street, increased traffic) which may make the roads unsafe.
* if the application provides for unsuitable access
* if the application would put a burden on services infrastructure (water, local school capacity)

Not exhaustive, but it really depends on what is being applied for and in what context (of the surrounding area).

Once you know what is being applied for, your local planning officials are obliged to tell you what grounds are valid for objection, but the key ones are generally policy and traffic impact.
 
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You can't appeal on grounds of damage during construction as you would have a hard job proving that damage would occur. Planning is nothing to do with the actual construction thats a different department.
 
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