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Planning permission for building projects

Hi,
If there is someone planning to build something close by e.g. airport, railway and other noisy bullding projects etc. , do the neigbours have to be notified. if so, who notifies them and how soon do they need to be notfied? Thanks

Reply 1

DataVenia

Volunteer Team, Clearing and Applications Advisor

(3) An application falling within paragraph (2) (“a paragraph (2) application”) must be publicised in accordance with the requirements in paragraph (7) and by giving requisite notice—

(a) by site display in at least one place on or near the land to which the application relates for not less than 21 days; and
(b) by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated.

If paragraph (2) doesn't apply for some reason, then each of the projects you describe is certainly a "major development" in which case:

(4) In the case of an application for planning permission which is not a paragraph (2) application, if the development proposed is major development the application must be publicised in accordance with the requirements in paragraph (7) and by giving requisite notice—

(i) by site display in at least one place on or near the land to which the application relates for not less than 21 days; or
(ii) by serving the notice on any adjoining owner or occupier; and
(b) by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated.

Paragraph (7), by the way, mentioned above, simply requires that information is published on the web site of the local planning authority.

As far as I can make out, there is nothing in the legislation which mandates "how soon do they need to be notfied". If you are concerned that you should have been notified but haven't been, check with your local planning authority (likely to be your local council). They may well have a policy which does specify the timescales they've opted to adopt. For example, Clackmannanshire Council (my first Google hit) says, "The Council will notify neighbours within 3 days of validating the application."

Reply 2

K11.03

Original post by DataVenia

Local planning authorities have discretion about how they inform communities and other interested parties about planning applications. Article 15 of the Development Management Procedure Order sets out minimum statutory requirements for applications for planning permission.

The manor and timescales involved vary. The projects in your examples sound like they might require an application falling within paragraph (2) of Article 15, meaning that:

If paragraph (2) doesn't apply for some reason, then each of the projects you describe is certainly a "major development" in which case:

Paragraph (7), by the way, mentioned above, simply requires that information is published on the web site of the local planning authority.

As far as I can make out, there is nothing in the legislation which mandates "how soon do they need to be notfied". If you are concerned that you should have been notified but haven't been, check with your local planning authority (likely to be your local council). They may well have a policy which does specify the timescales they've opted to adopt. For example, Clackmannanshire Council (my first Google hit) says, "The Council will notify neighbours within 3 days of validating the application."