Objection to Planning Application sign now

Dear Ms. Kay

Proposed Dwelling House and Garage
East Skelston, Dunscore

We are aware of the background surrounding the granting of Outline Planning permission for the above development and that the Reserved Matters planning decision is to be discussed by the Nithsdale Area Regulatory Committee on the 20 October 2004.

Given the failures by the applicant in making the original submission, it appears that the due process of law was not followed as far as adjoining proprietors to this development is concerned. With this in mind we now question the legality of the original outline consent granted on the 22 May 2001, reference number 01/P/3/0152.

Had the due process been complied with then the adjoining proprietors who fell within the boundary of this development would have been notified under the terms of Section 34 of the Town and Country Planning (Scotland) Act 1997 and they would have been given the opportunity to make representation under Article 9 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992.

Because this process was not followed we believe the outline planning consent is legally invalid, that it is not legally within the power of the Planning Authority to grant the current reserved matters application and that the most expedient and just course of action in the circumstances is to now refuse the reserved matters application.

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Jeanette DonovanBy:
ReligionIn:
Petition target:
Dumfries and Galloway Council, Planning Department

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