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Permitted grounds for objection

Comments which are relevant to planning issues are known as material considerations.

Please note that all comments must be accompanied by your name and full postal address. Comments on applications should list clearly any issues of concern.

The Council is required to take decisions on planning applications in accordance with the provisions of the South Ayrshire Local Development Plan, unless material considerations indicate otherwise.

‘Material considerations’ are not defined by legislation, but over time, legal precedent has indicated that they should relate to the proposed development and the use of land. More information on material considerations can be found in Annex A of Circular 3/2013 Development Management Procedures.

What you can comment on

The most common material considerations may include the following, although the list is not exhaustive:

  • Government policy and advice. This can be found in the Scottish Planning Policy (SPPs), Government Circulars and Planning Advice Notes (PANs).
  • Previous appeal decisions
  • Loss of daylight or overshadowing
  • Overlooking/loss of privacy
  • Highway issues: traffic generation, vehicular access, highway safety
  • Noise and disturbance resulting from proposed use
  • Odour resulting from proposed use
  • Infrastructure capacity
  • Impact on natural and cultural assets e.g. wildlife designations or historic sites (listed buildings/conservations areas)
  • Loss of trees
  • Layout, design and visual appearance of development
  • Risk of flooding
  • Impact on landscape
  • Light pollution

Matters which cannot normally be taken into account may include:

  • Personal circumstances and/or ownership of land
  • Matters controlled by other legislation e.g. building standards
  • Private legal issues between neighbours e.g. land/boundary disputes, damage to property, private rights of access, covenants etc.
  • Loss of value of property
  • Loss of a view
  • Potential problems arising from the construction period of any works, e.g. noise, dust, construction vehicles, hours of working. These matters are controlled by the Council’s Environmental Health Service.

Your comments cannot be treated as confidential.

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