West Lothian Council delivers

Planning Permission (01): 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.

Planning Permission (02): What is Planning Permission in Principle?

Planning Permission in Principle 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 permission in principle 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.

Planning Permission (03): 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 planning office at the County Buildings. 

Planning Permission (04): Can I get help with filling in the planning application form?

Yes. Guidance notes come with the form to help you with filling it in. If you prefer, you can telephone on 01506 282456 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.

Planning Permission (05): How much does it cost to apply for planning permission?

Fees for the submission of planning applications are set nationally. You can find this guidance at the following link:  http://www.westlothian.gov.uk/1210/161/PlanningApplications/Planningformsandguidance

Planning Permission (06): Do I need to have both a planning application and a building warrant?

Planning applications and building warrants are covered by different legislation and are separate processes. A building warrant relates to construction matters whereas planning permission tends to deal with external appearance and amenity. Both a planning application and a building warrant are often required. You should contact your local planning office for advice.

Planning Permission (07): 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 special control may also require planning permission. In most other cases planning permission will not be required.

Planning Permission (08): Do I need planning permission to put in a driveway or car run-in?

Planning permission is needed to form driveway for a car within the boundary of flats.
For houses, permission is not usually needed to put down a hard surface unless the house is within a conservation area or within the curtilage of a listed building. However, if the hardsurface is between a road and the house the surfacing must be porous or provisions made to deal with water running off the hard surface.
Where a new access from a road is being created, planning permission is not needed unless it is from a trunk or classified road. If you need to lower the kerb a permit is required from the council’s Transportation team.
 

Planning Permission (09): Do I need permission to fell or carry out other works to a tree?

You do not require consent to fell or carry out other works to a tree unless it is covered by a formal Tree Preservation Order (TPO). If the tree is within a conservation area you will require to give the council six weeks prior notification of any proposed works in order to allow the council time to consider whether to formally protect the tree by means of a TPO. You can contact the council’s Development Management  for advice on these matters.  An application form for formal consent under a TPO and for prior notification for trees in a conservation area is available at the following link: http://www.westlothian.gov.uk/media/downloaddoc/1799514/1846293/1850934/TreeworkapformJan2012

Planning Permission (10): Do I need planning permission to plant trees?

No, you do not need to apply for planning permission in order to plant trees or shrubs.

Planning Permission (11): Do I need planning permission for a fence?

You can build a fence of up to two metres in height without having to get planning permission, unless the fence would be in front of the front wall of your house, or the side wall if that wall fronts a road, when the height limit before you need planning permission is one metre.

This does not apply if you live in a conservation area or listed building; if that is the case you will need planning permission for the erection of any height of fence.

Planning Permission (12): Do I need planning permission to erect a satellite dish?

As long as your dish would not project from your wall or roof by over a metre, you do not need planning permission, unless you live in a conservation area. You will however require listed building consent to install a satellite dish, if your building is listed.

Planning Permission (13): Do I need planning permission for 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.

Planning process (1): 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 Environmental Health team. 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.

Planning process (2): 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 three years of the date of planning permission. Any time limits are specific in the consent documents.

Planning process (3): If my planning application is refused, will I get my application fee refunded?

No, the planning application fee is an administration fee, and as such, there is no refund for a failed planning application. You can however apply again for the same application within one year of the decision to refuse your application, without incurring a new fee.

Representations / objections (1): How can I comment on a planning application?

Any comments you wish to make should be made as soon as possible, as you have 21 days from start of planning process to comment on a current planning application. You can do this by email, post or online and must include your name and address with your comment.
The webpage: Planning – view planning applications or submit a comment, will give full details on how to make a comment.

Representations / objections (2): Where can I get help to comment on a planning application?

If you are a notified neighbour, the notice you receive from the council 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.

Any party can however make a comment on a planning application and you do not have to be a notifiable party to do so.

Representations / objections (3): 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.

More advice on material considerations can be found at the following link on the Planning Aid Scotland website: http://www.planningaidscotland.org.uk/pdf/material.pdf

Representations / objections (4): Even if I did not get a neighbour notification, can I still comment on a planning application?

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

Representations / objections (5): 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 by the council, you will receive a copy of the location plan - it is up to you to investigate the full planning application. You can do this by accessing the case file on the council’s website or by calling in to County Buildings, Linlithgow and asking to see the case file.

What if I live in a listed 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.