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Edinburgh Reporter
18 hours ago
- Business
- Edinburgh Reporter
Retrospective planning applications in West Lothian have fallen over last two years
The number of retrospective planning applications in West Lothian has fallen over the last two years, councillors heard this week. But a report made clear that legal enforcement of planning remains a complicated and expensive process for the council if it is faced with deliberate and determined planning breaches. Jim McGinlay, Building Standards Manager, said it was primarily a legal problem, adding that: 'there is very little we can do if people ignore the legislation.' He added that there had been suggestions in the past that lending institutions to demand evidence of planning permission before funding developments, but this had been problematic to introduce. Council officers compiled a report after an SNP call two months ago responding to fears that a 'culture of non-compliance with planning regulations' was developing. A meeting of the Economy, Community Empowerment and Wealth Building PDSP also heard that a new flat fee of £143 is to be introduced by the Scottish government for anyone who wants to appeal a refusal of planning permission determined by the Local Review Body. The SNP call from depute group leader Pauline Stafford came in April after the Council Executive was told that there had been 800 enquiries from the public about retrospective planning applications in the last two years. Claire Johnston, a planning officer, told this week's meeting of the Economy PDSP that retrospective applications are submitted for a number of reasons, not only as a result of enforcement enquiries. Last year the number of retrospective applications validated, that means accepted and considered by the council, fell slightly, to 79 from 87 in 2023/24. In both 23/24 and 24/25 a total of 57 applications came as the result of enforcement enquiries by planning officers. In percentage terms planning enforcement generated 72% of last year's retrospective applications against 66% of those in 2023/24. A report to the PDSP explained: 'The requirement to submit a retrospective planning application is the main course of enforcement action utilised by the service. 'Officers pursue the owners to apply for the necessary permissions in order to allow the development to be fully considered in line with planning policy, and to allow the opportunity for the public to submit comments on the development.' It added: 'Applying for retrospective planning permission carries a level of risk, as these applications are assessed in the same manner as proposed development, and there is no guarantee that they will be supported. 'Where retrospective applications and any subsequent appeals are refused, officers re-commence enforcement action and if necessary, proceed to serving enforcement notices to have the breach resolved. 'The 25% surcharge on fees for retrospective applications was introduced by the Scottish Government, with the intention to primarily provide a means of recovering the costs of undertaking enforcement investigations, rather than to be seen as a punishment for breaching planning control.' Planning fees vary on the size and type of development but can run into tens of thousands of pounds for large housing developments. Generally, for individual plans they can amount to anything from a few hundred pounds to around the £1,000 mark. The council has a Development Management team of nine planning officers and three planning assistants. All Development Management officers carry out some level of enforcement- case officers will often visit development sites and check for compliance with relevant conditions and approved plans. There are two planning officers and one assistant who work primarily on enforcement cases. The cost of enforcement falls under the budget of the Development Management service. There is only a modest budget to support legal action. There would be an additional cost to the service if the option of taking direct action, as a result of non-compliance with enforcement notices, were to be instructed. There is currently no budget for taking Direct Action to resolve breaches of planning control. The SNP group said in April: 'A proactive approach to compliance and adequate resourcing are essential for a successful service.' Labour's Tom Conn suggested publication of applications under enforcement through regular DMC meetings that would reassure the public that enforcement was ongoing and 'there was progress'. Ms Johnston told the meeting: 'There is actually an enforcement register on the council's website. We recently added a column to add compliance date so that it's available to all members of the public.' Donald Stavert from the Joint forum of Community Councils said: 'My question is about getting to the people who start building extensions without getting planning permission. Is there a need for a general education programme for the public? Is it a question of ignorance? Ms Johnston said there is generally a lack of knowledge, but the Scottish Government does provide a lot of information on enforcement and does suggest to look at guidance documents. She added that beyond stressing on the council website what you can and cannot do without permission, it was difficult to know what to do.' Chairing the Meeting councillor Susan Manion said: 'It's certainly a tricky issue.' By Stuart Sommerville, Local Democracy Reporter Like this: Like Related


Daily Record
19 hours ago
- Business
- Daily Record
West Lothian planning laws 'complicated and expensive to enforce'
But a report made clear that legal enforcement of planning remains a complicated and expensive process for the council if it is faced with deliberate and determined planning breaches. The number of retrospective planning applications in West Lothian has fallen over the last two years, councillors heard this week. But a report made clear that legal enforcement of planning remains a complicated and expensive process for the council if it is faced with deliberate and determined planning breaches. Jim McGinlay, Building Standards Manager, said it was primarily a legal problem, adding that: 'there is very little we can do if people ignore the legislation.' He added that there had been suggestions in the past that lending institutions to demand evidence of planning permission before funding developments, but this had been problematic to introduce. Council officers compiled a report after an SNP call two months ago responding to fears that a 'culture of non-compliance with planning regulations' was developing. A meeting of the Economy, Community Empowerment and Wealth Building PDSP also heard that a new flat fee of £143 is to be introduced by the Scottish government for anyone who wants to appeal a refusal of planning permission determined by the Local Review Body. The SNP call from depute group leader Pauline Stafford came in April after the Council Executive was told that there had been 800 enquiries from the public about retrospective planning applications in the last two years. Claire Johnston, a planning officer, told this week's meeting of the Economy PDSP that retrospective applications are submitted for a number of reasons, not only as a result of enforcement enquiries. Last year the number of retrospective applications validated, that means accepted and considered by the council, fell slightly, to 79 from 87 in 2023/24. In both 23/24 and 24/25 a total of 57 applications came as the result of enforcement enquiries by planning officers. In percentage terms planning enforcement generated 72% of last year's retrospective applications against 66% of those in 2023/24. A report to the PDSP explained: 'The requirement to submit a retrospective planning application is the main course of enforcement action utilised by the service. 'Officers pursue the owners to apply for the necessary permissions in order to allow the development to be fully considered in line with planning policy, and to allow the opportunity for the public to submit comments on the development.' It added: 'Applying for retrospective planning permission carries a level of risk, as these applications are assessed in the same manner as proposed development, and there is no guarantee that they will be supported. 'Where retrospective applications and any subsequent appeals are refused, officers re-commence enforcement action and if necessary, proceed to serving enforcement notices to have the breach resolved. 'The 25% surcharge on fees for retrospective applications was introduced by the Scottish Government, with the intention to primarily provide a means of recovering the costs of undertaking enforcement investigations, rather than to be seen as a punishment for breaching planning control.' Planning fees vary on the size and type of development but can run into tens of thousands of pounds for large housing developments. Generally, for individual plans they can amount to anything from a few hundred pounds to around the £1,000 mark. The council has a Development Management team of nine planning officers and three planning assistants. All Development Management officers carry out some level of enforcement- case officers will often visit development sites and check for compliance with relevant conditions and approved plans. There are two planning officers and one assistant who work primarily on enforcement cases. The cost of enforcement falls under the budget of the Development Management service. There is only a modest budget to support legal action. There would be an additional cost to the service if the option of taking direct action, as a result of non-compliance with enforcement notices, were to be instructed. There is currently no budget for taking Direct Action to resolve breaches of planning control. The SNP group said in April: 'A proactive approach to compliance and adequate resourcing are essential for a successful service.' Labour's Tom Conn suggested publication of applications under enforcement through regular DMC meetings that would reassure the public that enforcement was ongoing and 'there was progress'. Ms Johnston told the meeting: 'There is actually an enforcement register on the council's website. We recently added a column to add compliance date so that it's available to all members of the public.' Donald Stavert from the Joint forum of Community Councils said: ' My question is about getting to the people who start building extensions without getting planning permission. Is there a need for a general education programme for the public? Is it a question of ignorance? Ms Johnston said there is generally a lack of knowledge but the Scottish Government does provide a lot of information on enforcement and does suggest to look at guidance documents. She added that beyond stressing on the council website what you can and cannot do without permission, it was difficult to know what to do.' Chairing the Meeting councillor Susan Manion said: 'It's certainly a tricky issue.'


Edinburgh Live
21 hours ago
- Business
- Edinburgh Live
West Lothian planning laws 'complicated and expensive to enforce'
Our community members are treated to special offers, promotions and adverts from us and our partners. You can check out at any time. More info The number of retrospective planning applications in West Lothian has fallen over the last two years, councillors heard this week. But a report made clear that legal enforcement of planning remains a complicated and expensive process for the council if it is faced with deliberate and determined planning breaches. Jim McGinlay, Building Standards Manager, said it was primarily a legal problem, adding that: 'there is very little we can do if people ignore the legislation.' He added that there had been suggestions in the past that lending institutions to demand evidence of planning permission before funding developments, but this had been problematic to introduce. Council officers compiled a report after an SNP call two months ago responding to fears that a 'culture of non-compliance with planning regulations' was developing. A meeting of the Economy, Community Empowerment and Wealth Building PDSP also heard that a new flat fee of £143 is to be introduced by the Scottish government for anyone who wants to appeal a refusal of planning permission determined by the Local Review Body. The SNP call from depute group leader Pauline Stafford came in April after the Council Executive was told that there had been 800 enquiries from the public about retrospective planning applications in the last two years. Claire Johnston, a planning officer, told this week's meeting of the Economy PDSP that retrospective applications are submitted for a number of reasons, not only as a result of enforcement enquiries. Last year the number of retrospective applications validated, that means accepted and considered by the council, fell slightly, to 79 from 87 in 2023/24. In both 23/24 and 24/25 a total of 57 applications came as the result of enforcement enquiries by planning officers. In percentage terms planning enforcement generated 72% of last year's retrospective applications against 66% of those in 2023/24. A report to the PDSP explained: 'The requirement to submit a retrospective planning application is the main course of enforcement action utilised by the service. 'Officers pursue the owners to apply for the necessary permissions in order to allow the development to be fully considered in line with planning policy, and to allow the opportunity for the public to submit comments on the development.' It added: 'Applying for retrospective planning permission carries a level of risk, as these applications are assessed in the same manner as proposed development, and there is no guarantee that they will be supported. 'Where retrospective applications and any subsequent appeals are refused, officers re-commence enforcement action and if necessary, proceed to serving enforcement notices to have the breach resolved. 'The 25% surcharge on fees for retrospective applications was introduced by the Scottish Government, with the intention to primarily provide a means of recovering the costs of undertaking enforcement investigations, rather than to be seen as a punishment for breaching planning control.' Planning fees vary on the size and type of development but can run into tens of thousands of pounds for large housing developments. Generally, for individual plans they can amount to anything from a few hundred pounds to around the £1,000 mark. The council has a Development Management team of nine planning officers and three planning assistants. All Development Management officers carry out some level of enforcement- case officers will often visit development sites and check for compliance with relevant conditions and approved plans. There are two planning officers and one assistant who work primarily on enforcement cases. The cost of enforcement falls under the budget of the Development Management service. There is only a modest budget to support legal action . There would be an additional cost to the service if the option of taking direct action, as a result of non-compliance with enforcement notices, were to be instructed. There is currently no budget for taking Direct Action to resolve breaches of planning control. The SNP group said in April: 'A proactive approach to compliance and adequate resourcing are essential for a successful service.' Labour's Tom Conn suggested publication of applications under enforcement through regular DMC meetings that would reassure the public that enforcement was ongoing and "there was progress". Ms Johnston told the meeting: 'There is actually an enforcement register on the council's website. We recently added a column to add compliance date so that it's available to all members of the public.' Donald Stavert from the Joint forum of Community Councils said: ' My question is about getting to the people who start building extensions without getting planning permission. Is there a need for a general education programme for the public? Is it a question of ignorance? Ms Johnston said there is generally a lack of knowledge but the Scottish Government does provide a lot of information on enforcement and does suggest to look at guidance documents. She added that beyond stressing on the council website what you can and cannot do without permission, it was difficult to know what to do.' Chairing the Meeting councillor Susan Manion said: 'It's certainly a tricky issue.'


Daily Record
29-04-2025
- Business
- Daily Record
Booming West Lothian technology helping to explore the surface of Mars
Technology vital to the exploration of Mars and the advancement of satellite communication has become a thriving industry in West Lothian. The county now has the largest cluster of photonics businesses in Scotland. Photonics is the science and technology of using light, lasers and fibre optics, and has developed locally over the last four decades. Among the firms leading the way locally are are Alter UK in Livingston, who provided key electronic components to the NASA Mars Perseverance Rover which landed on Mars in 2020. And photonics businesses are at the forefront of innovation, with links to semiconductors, electronics and advanced manufacturing. Other significant West Lothian employers in these sectors are aligned with photonics and increase local economic growth. A meeting of the council's Economy, Community Empowerment and Wealth Building PDSP heard about the developments in an update from the council Business Development Team. Jim Henderson, the council's Business Development Manager, told the Local Democracy Reporting Service: 'The West Lothian economy benefits from long-term investment in the photonics sector. University spin-outs and high-growth start-ups have made West Lothian their investment location of choice for more than 40 years. 'For example, both Edinburgh Instruments and Helia Photonics were founded by senior academics at Heriot-Watt University. 'The evolving nature of high-technology firms sees Alter Tech (formerly Optocap) continue to expand its scale of operation at their Livingston HQ. 'Photonics businesses are at the forefront of innovation, with links to semiconductors, electronics and advanced manufacturing. Other significant West Lothian employers in these sectors are aligned with photonics and increase local economic growth.' The firm provides precision manufacturing for a wide range of semiconductor-based photonic and electronic technologies. The company has been based at Bain Square, Livingston since 2003 and currently employs 45 full-time equivalents within this site. As part of their strategic growth objectives, Alter UK plan to make a £5 million investment in a new Photonics Design Centre to help the company develop their own state-of-the-art photonic products alongside their current service-based offering. One of the key flagship products to be developed is a Space Grade optical transceiver which will be a key component for data transfer and communications within Very High Throughout Telecom Satellites. Alter UK were awarded a Jobs Task Force grant of £100,000. To help them recruit a further nine new staff, all as part of a multi-million-pound strategic investment in their Livingston HQ. The business has worked closely with Business Gateway and Scottish Enterprise over the longer term. Alter UK has also recently benefited from training support from the Flexible Workforce Development Fund and engagement with Heriot Watt University. Mr Henderson added: 'The value of photonics at a local and national level is exemplified by the recent award of £4.7 Million to scale-up the sector. The funding was received from the Engineering and Physical Sciences Research Council (EPSRC),part of UK Research & Innovation. 'This work, known as the Photonics & Quantum Accelerator (PQA), brings together researchers from the Universities of Glasgow, Strathclyde, Heriot-Watt and St Andrews, local authorities and industry bodies to advance the growth of the photonics sector across Scotland's Central Belt.' Don't miss the latest news from the West Lothian Courier. Sign up to our free newsletter here .


Edinburgh Reporter
28-04-2025
- Business
- Edinburgh Reporter
West Lothian once again a powerhouse for cutting edge technologies
Technology vital to the exploration of Mars and the advancement of satellite communication has become a thriving industry in West Lothian. The county now has the largest cluster of photonics businesses in Scotland. Photonics is the science and technology of using light, lasers and fibre optics, and has developed locally over the last four decades. Among the firms leading the way locally are are Alter UK in Livingston, who provided key electronic components to the NASA Mars Perseverance Rover which landed on Mars in 2020. And photonics businesses are at the forefront of innovation, with links to semiconductors, electronics and advanced manufacturing. Other significant West Lothian employers in these sectors are aligned with photonics and increase local economic growth. A meeting of the council's Economy, Community Empowerment and Wealth Building PDSP heard about the developments in an update from the council Business Development Team. Jim Henderson the council's Business Development Manager told the Local Democracy Reporting Service: 'The West Lothian economy benefits from long-term investment in the photonics sector. University spinouts and high-growth start-ups have made West Lothian their investment location of choice for more than 40 years. 'For example, both Edinburgh Instruments and Helia Photonics were founded by senior academics at Heriot-Watt University. 'The evolving nature of high-technology firms sees Alter Tech (formerly Optocap) continue to expand its scale of operation at their Livingston HQ. 'Photonics businesses are at the forefront of innovation, with links to semiconductors, electronics and advanced manufacturing. Other significant West Lothian employers in these sectors are aligned with photonics and increase local economic growth.' The firm provides precision manufacturing for a wide range of semiconductor-based photonic and electronic technologies. The company has been based at Bain Square, Livingston since 2003 and currently employs 45 full-time equivalents within this site. As part of their strategic growth objectives, Alter UK plan to make a £5 million investment in a new Photonics Design Centre to help the company develop their own state-of-the-art photonic products alongside their current service-based offering. One of the key flagship products to be developed is a Space Grade optical transceiver which will be a key component for data transfer and communications within Very High Throughout Telecom Satellites. Alter UK were awarded a Jobs Task Force grant of £100,000. To help them recruit a further nine new staff, all as part of a multi-million-pound strategic investment in their Livingston HQ. The business has worked closely with Business Gateway and Scottish Enterprise over the longer term. Alter UK has also recently benefited from training support from the Flexible Workforce Development Fund and engagement with Heriot Watt University. Mr Henderson added: 'The value of photonics at a local and national level is exemplified by the recent award of £4.7 Million to scale-up the sector. The funding was received from the Engineering and Physical Sciences Research Council (EPSRC) , part of UK Research & Innovation. 'This work, known as the Photonics & Quantum Accelerator (PQA), brings together researchers from the Universities of Glasgow, Strathclyde, Heriot-Watt and St Andrews, local authorities and industry bodies to advance the growth of the photonics sector across Scotland's Central Belt.' By Stuart Sommerville, Local Democracy Reporter Like this: Like Related