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Commenting on an application

Which applications you can comment on

You can comment on most applications handled by Development Management - for example, planning permission, listed building consent, or advertisement consent.

Your comment must reach the Council before the notification or publication period ends (or within 21 days of the weekly list being published, if there's no set period). Comments received after this will be treated as late.

What you can't comment on: 

Some submissions aren't classed as "applications" and can't be commented on. This includes prior notifications and requests for screening or scoping opinions under environmental impact assessment regulations.

Deadlines for comments

Your comment must reach the Council before the end of the statutory notification or publication period. If there is no such period, you have 21 days from when the application appears on the weekly list, whichever is later. Comments received after this date will be treated as late.

How you might find out about an application

You can search for applications using the Public Access facility (see Related Links below). If you don't have a reference number, you can search using part of an address, a road name, or the name of a settlement or island.

Some applications also involve:

  • Neighbour notification – sent to premises on land next to, or within 20 metres of, the application site. Neighbours have at least 21 days to comment.
  • Newspaper publication – used for certain application types, including listed building consent and applications affecting conservation areas.
  • Site notices – placed on or near some application sites.

The Council also keeps a public register of applications, along with weekly and extant application lists.


How to comment

Submit you comments in writing to

Development Management, Council Offices, School Place, Kirkwall, KW15 1NY.
Submit you comments online (opens in new tab)

Valid Representations 

A valid representation (letter or statement) shall require to meet the following criteria:

  • Be in the form of a signed and dated letter or statement or an e-mail indicating the name and postal address of the sender specifically indicating an objection to the application concerned. The letter/statement shall bear a legible name of the signatory and the signatory’s address.
  • Be received by the Council before the expiry of any statutory notification or publication period or, where no such period exists, within 21 days of publication of the weekly list,whichever is the later. For the avoidance of doubt, any supplementary and/or additional information received after this date will be regarded as late. All information which the representee wishes to be taken into account must be submitted by the deadline.
  • Where more than one letter/statement of representation per household is received, this shall be defined as the Council having received one letter/statement.
  • Where a letter or petition is received which is signed by more than one person, each signatory must provide a valid postal address, otherwise they will not be considered as a valid representation. Any such letter or petition must include an identified lead contact, with whom correspondence will be provided on behalf of all other signatories.
  • For the avoidance of doubt pre-printed letters or cards which are not individually addressed and signed will not be entertained as valid and acknowledged as such. Photocopied standard template letters will be valid as long as they are signed and dated and bear the postal address of the sender.
  • To be valid a representation must contain matters which relate to the application involved and raise matters material in planning terms to the application concerned.
  • The content of invalid letters/statements will not be referred to in Director’s reports and similarly non-material matters referred to in valid letters of representation will not be referred to or taken into account in the determination of the application.

The Corporate Director for Neighbourhood Services and Infrastructure shall, in cases of doubt, determine whether an objection or other representation is valid or timeous


Material planning considerations

Only comments about "material considerations" can be taken into account when an application is decided. There's no official legal list of what counts, but common examples are set out below.

Issues the Council can consider

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  • National planning policies
  • Proposed local development plan policies and guidance not yet formally adopted
  • Appearance and design (materials, height, scale, layout)
  • Nuisance (noise, smell, fumes, dust, glare, flicker)
  • Impact on privacy
  • Loss of daylight
  • Impact on natural heritage and biodiversity
  • Impact on listed buildings, conservation areas, scheduled monuments, or archaeology
  • Compatibility with neighbouring uses
  • Sewerage or drainage capacity
  • Risk of pollution or contamination
  • Flood risk
  • Local needs, such as affordable housing or social facilities
  • Economic benefits, such as new jobs
  • Access and transport, including road safety, parking, and traffic
  • Planning history of the site
  • Sustainability and climate change

Issues the Council cannot consider

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  • Personal circumstances of the applicant.
  • Loss of a view.
  • Devaluation of property.
  • Private property rights (e.g. boundary and access disputes).
  • Cost of the development.
  • Title restrictions.
  • Applicant’s lack of ownership of the site.
  • The identity of an occupier, user or developer.
  • Moral considerations (e.g. religious objection to development operating on a Sunday).
  • Political considerations or ideological dislikes.
  • Issues covered by other legislation (e.g. health and safety regulations, licensing).
  • Any factor indicating that there is a lack of prospect of the development proceeding.

What happens to your comment

Comments cannot be treated as confidential. All valid representations are published on the Council's planning website as part of the public record. We remove personal details such as signatures, email addresses, and phone numbers before publishing.