West Lothian Council delivers

Can I get help with filling in the planning application form?

The form comes with guidance notes to help you with filling it in. Additionally, you can telephone or visit us, where the planner on duty will be able to help you. If you are planning on using an architect for your proposed works, you can ask him/her to fill in the application form on your behalf.

Do I need planning permission for any of the following - to erect a fence? to install a driveway? to convert my garage into a room? to erect a greenhouse, conservatory or detached garage?

You may or may or may not require planning permission, as the requirements for planning consent can vary on where your house is, how much it has already been extended and many other factors. It is always advisable to check with the planning office - where you will be given free advice - before embarking on any project, particularly before making any financial outlay.

Do I need planning permission to alter or replace the windows in my property?

Alterations to windows in listed buildings may require planning permission and listed building consent. Window alterations in unlisted buildings, in conservation areas, and areas of window control may also require planning permission. In most other cases planning permission will not be required.

Do I need planning permission to erect a satellite dish?

If the dish does not exceed 90 cm in diameter you do not need planning permission. If the dish does not rise above the ridge of the roof, you do not need planning permission. If there are no other satellite dishes on the building (apartment blocks are allowed two dishes before planning is required), you do not need to get planning permission to erect a satellite dish. If your proposed dish does not fall into these categories, you will need to apply for planning permission to erect a satellite dish.

Do I need planning permission to erect a TV aerial.

You do not need planning permission to erect a TV aerial as long as it's solely for your own use.

Do I need planning permission to plant trees?

No, you do not need to apply for planning permission in order to plant trees, but take care you are not planting in the vicinity where growing trees could damage foundations or deprive your neighbours of light.

Do I need planning permission to put in a driveway or car run-in?

Planning permission is required to form car run- ins (hardstandings) within the curtilage of flatted properties, non- residential premises, for a dwellinghouse within a conservation area, and within the curtilage of a listed building (dwellinghouse). Where access is being taken from a trunk or classified road, planning permission is also required. There is also a requirement to apply for a permit from us to lower the kerb.

Do I need to have both a planning application and a building warrant?

Planning applications and building warrants are guided by different legislation. A building warrant relates to construction and insulation matters etc, whereas planning permission tends to deal with design aesthetics and the external appearance. Both a planning application and a building warrant are often required. You should contact your local planning office for free advice.

Do I require planning permission for a change of use of a shop to a flat or other use?

Changes of use of shops to flats/houses; hot food takeaways; restaurants and cafes; and office type uses such as a bank or building society all require planning permission.

Even if I did not get a neighbour notification, can I still object to a planning application?

Yes, anybody can object to a planning application, as long as it is based on material planning considerations.

How are planning applications processed?

Once the application has been checked and accepted as 'complete' you will be sent out an acknowledgement, otherwise you will be contacted and informed of why the application is incomplete. Once accepted, the application will be entered into a planning register which is available for public inspection. Where required the Council will arrange for applications to be advertised and site notices displayed. It is probable that the receipt of your application will be noted in the local press. The planning officials will undertake a variety of consultations with a number of organisations, for instance, the Council's own Roads Department. The extent of these consultations depends upon the complexity of the application and may include the local Community Council. Once the replies to all the consultations have been received and the officer has visited the site, he/she may wish to discuss the application with you, alert you to certain problems, seek additional information or make suggestions on how the application may be improved. When all the processes are complete a decision will be made on the application.

How can I comment on a planning application?

Any comments you wish to make should be made in writing as soon as possible. The Neighbour Notification form or public advertisement will give a date by which comments should be received. If you have missed the time limit, it may still be possible to comment on it, as the period for receiving objections is often extended. If they are relevant planning considerations, your comments will be taken into account in arriving at a decision. You will be informed in advance of the date of the Committee meeting (and furnished with a copy of the Director's report). Please note that when your letter of objection is submitted to the Council it will be in the public domain.

How much does it cost to apply for planning permission?

Fees for the submission of planning applications are set nationally.

If I am notified of a proposed development, is the developer obliged to give me a copy of the plans.

No, if you are notified of a proposed development, the developer need only give you a copy of the location plan - it is up to you to investigate the full planning application.

If my planning application is refused, will I get my application fee refunded?

The planning application fee is an administration fee, and as such, there is no refund for a failed planning application.

Is planning permission required for a fence?

In general, if the height of any fence or other 'means of enclosure' (including a gate or wall) is within 20 metres of a road and would exceed one metre in height, then planning permission is required. 'Road' includes footpaths, tracks etc (see Roads (Scotland) Act 1984 for definition). In any other case where the height of the 'means of enclosure' would exceed two metres, then planning permission would be required. Planning permission is required for any fencing within the curtilage of or surrounding a listed building. Hedges do not require planning permission.

Is there a time limit within which I have to carry out the work specified on my planning application?

Yes, normally construction should be started within 5 years of the date of planning permission. Any time limits are specific in the consent documents.

On what grounds can I object to a planning application?

You can normally object to proposed planning applications under considerations that are considered 'material' to the application. These objections can cover such things as the proposed development limiting the natural light to your property and garden, detracting from the general or residential amenity of the local area (including designs that are out of keeping with the local area) or having an adverse effect on the environment. Please note that this list is not exhaustive.

Under what circumstances would I need to apply for planning permission?

A person proposing to alter, extend, build or change the use of premises must apply for planning permission for development from the local authority. Planning permission for businesses is usually granted in line with the development plan for the area which will include policies relating to commercial and industrial development. If a resident is thinking of making alterations to their house/flat they will need to consult the planning section to see if they require planning permission. You will need planning permission if your premises is a listed building, if you are planning to alter or extend your home, if there is a change of use (working from home) and no longer a main home or if you are interested in putting up a new home. Please note that his list is not exhaustive and you should seek advice from the local planning office.

What are the effects of listing a building?

If a building has been listed, you will need the council's consent to demolish it, or for any alteration or extension which would affect its character as a building of architectural or historic interest. It is a criminal offence to carry out works to a listed building without prior listed building consent - even if you did not know that the building was listed.

What is a building conversion?

A conversion is a specified change of occupation or use of a building which will cause the Building (Scotland) Regulations 2004 to apply. For example changing a loft space from storage use to an apartment or a garage into a bedroom. For anything more complex it is likely that professional advice will be required and Schedule 2 in Section 0 of the Technical Handbooks lists 10 specific types of work defined as a conversion. If you are in doubt you should seek advice from the verifier. Please note that a Building Warrant is required for a conversion even if no building work is carried out.

What is full planning permission?

Full planning permission is a detailed planning application for property development. It requires full details of the design, siting, materials, access and parking facilities for your proposed development, with to-scale drawings.

What is Outline Planning Permission?

Outline Planning Permission is where the consent is in principle for development on a specified site (you do not need to submit detailed, architect-drawn or to-scale drawings). If outline planning permission is granted, you still need to apply for full (detailed) planning permission before you can commence development, and there are no guarantees that your full planning permission application will be accepted.

Where can I get help to object to a planning application?

If you are a notified neighbour, the rear of the notice you receive from the applicant will give you general advice. You can also contact Planning Aid (Scotland) online at http://www.planningaidscotland.org.uk, or you can write to them at 11a South Charlotte Street, Edinburgh, EH2 4AS.