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giving publicity to departures
KEY ADVICE
- Advertise a departure, or potential departure, as soon as practicable after receipt (para 13).
- Ensure that those likely to be affected by the proposal are aware of its receipt (para 14 & 15). 13.
13. To ensure that all possible objectors are identified as early as possible, planning authorities should advertise applications which they consider to be departures, or potential departures, as soon as practicable after the receipt of the planning application by way of a notice in a local newspaper (an example of this Notice is given in annex C). Normally it is expected that the application would be advertised within 7 days of receipt (see annex A). Having advertised the application, the planning authority then has to consider any representations received within 21 days of the first publication of the notice.
14. It is important when advertising applications that planning authorities make it clear which policies are being contravened and that departure cases are advertised in a way which clearly distinguishes them from bad neighbour and other types of applications. In addition to the notice of advertisement, other forms of publicity for example leaflets, notices in libraries and weekly lists to community councils can all be used to ensure adequate publicity within the community is given to departures.
15. Before any application can be formally registered the applicant has to ensure that persons in the immediate vicinity of the proposed development have been notified and has to provide the authority with a neighbour notification certificate. This certificate can be used with information from other sources, such as the council tax register, to identify people who may have a particular interest in a potential departure. In this way, councils can ensure that those persons likely to be most affected are given the opportunity to make representations at the outset. It should also be noted that the period allowed, by article 14 of the Town & Country Planning (General Development Procedure) (Scotland) Order 1992, for submission of representations is a minimum; so authorities have scope to extend this period where they think it is appropriate.
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