Development management FAQs

 

Development management FAQs

Last updated | 16/09/2008

Planning permission

Q1. In what circumstances do I need to apply for planning permission?
Q1a. Do I require planning permission for a change of use of a shop to a flat or other use?  
Q1b. Do I need planning permission to alter, or replace the windows in my property? 
Q1c. Do I need planning permission to put in a driveway or car run-in?
Q1d. Is planning permission required for a fence?

Planning applications

Q2. Where can I get a planning application form?
Q3. Can I get help with filling in the planning application form?
Q4. Is there a charge for making a planning application?
Q5. What happens when a planning application is submitted?
Q6. Can I look at the plans for a current planning application?
Q7. How does consultation work?
Q8. What do I have to do to meet Disability Dicrimination Act requirements?

Planning applications decisions

Q9. How is a recommendation on a planning application reached?
Q10. How is a decision on a planning application made?
Q11. How do I hear about planning application decisions?
Q12. How long does the decision making process on planning applications take?
Q13. What can I do if I am unhappy about the decision on my planning application?
Q14. How can I get copies of past planning decisions?

Buildings, drains, walls, road signs etc

Q15. Can I look at the planning history file for an existing building?
Q16. Can I find out whether planning permission has been granted for something which is currently being built?
Q17. How do I find out who owns a particular property, fence or wall?
Q18. How do I find out who owns a particular access way and who is responsible for maintaining it?
Q19. How do I find out where drains run under a property?
Q20. Who is responsible for getting road signs replaced or speed bumps put in place?
Q21. Who can help me with queries about doing work to a party wall?
Q22. What are the criteria for listing a building?
Q23. What are the effects of listing a building?

Answers

In what circumstances do I need to apply for planning permission?

Planning permission is required for most visible external building works and changes of use on private land. For more specific and in-depth advice look at the other pages on this site.

Do I require planning permission for a change of use of a shop to a flat or other use?

Changes of use of shops to flats/houses; hot food takeaways; restaurants and cafes; and office type uses such as a bank or building society all require planning permission.

Do I need planning permission to alter, or replace the windows in my property?

Alterations to windows in listed buildings may require planning permission and listed building consent.

Window alterations in unlisted buildings in conservation areas and areas of window control may also require planning permission.

In most other cases planning permission will not be required.

Do I need planning permission to put in a driveway or car run-in?

Planning permission is required to form car run- ins (hardstandings) within the curtilage of flatted properties, non- residential premises, for a dwellinghouse within a conservation area, and within the curtilage of a listed building (dwellinghouse).

Where access is being taken from a trunk or classified road, planning permission is also required.

There is also a requirement to apply for a permit from us to lower the kerb.

Is planning permission required for a fence?

In general, if the height of any fence or other 'means of enclosure' (including a gate or wall) is within 20 metres of a road and would exceed one metre in height, then planning permission is required.
'Road' includes footpaths, tracks etc (see Roads Scotland) Act 1984 for definition).
In any other case where the height of the 'means of enclosure' would exceed two metres, then planning permission would be required.

Planning permission is required for any fencing within the curtilage of or surrounding a listed building.
Hedges do not require planning permission.

Where can I get a planning application form?

You can download one from the planning applications forms page to print out and fill in. Alternatively, you can request one from us.

Can I get help with filling in the planning application form?

The form comes with guidance notes to help you with filling it in. Additionally, you can telephone or visit us, where the planner on duty will be able to help you.

Is there a charge for making a planning application?

For some applications, there no a fee payable. For others, the fee will depend on what sort of application it is. You can download a current schedule of fees from this site.

What happens when a planning application is submitted?

The application is checked by our administration  team to make sure we have everything we need to process it. For more information about what is needed to make an application valid, please see the notes that accompany the application forms.

If anything is missing, we will write to the applicant or the applicant's representative/ agent explaining what else is needed.

When everything is in order, the application will be registered as valid. The date that an application is validated is the starting date of the period in which we aim to make a decision on the application. For more information, see 'How long does the decision making process take?'

The application will be allocated to a case officer and we will send an acknowledgement letter to the applicant or to the applicant's representative/ agent. This letter states the date by which we aim to have made a decision on the application, and the case officer's contact details (including direct phone line and email address). The case officer will be the point of contact throughout the application process.

Can I look at the plans for a current planning application?

Copies of the plans for applications are sent to local offices so that people can view them in order to make any comments.

How can I comment?

If you would like to comment on an application, then you can either email, fax or write to us, clearly stating the application address and the application reference number. You can only comment on an application which is currently under consideration.

Whatever way you choose to contact us, your comments will be passed to the relevant case officer, who will take them into account when preparing their report and recommendation.

What do I have to do to meet Disability Discrimination Act requirements?

From 1st October 2004 the Disability Discrimination Act 1995 introduces new duties on those who provide services to the public such as retailers, leisure providers, health services and local authorities. The new duties will require them to make reasonable adjustments to the physical environment of their premises.

For further information download the 'What you need to know about making changes to your premises' leaflet, from the Disability Rights Commission website.

How is a recommendation on a planning application reached?

The case officer will take into account the following when making a judgement on an application:

• their observations from visiting the site
• relevant planning policies contained in the Development Plan
• design and layout
• external appearance and materials
• access for disabled people
• impact on the amenity of neighbours (e.g. loss of daylight or sunlight and privacy)
• noise nuisance
• traffic and parking issues
• loss or increase of a particular type of use of land
• comments received through the consultation process which relate to any of these issues

The issues on this list are known as material planning considerations.

If an application does not meet the necessary standards, but could be modified to make it acceptable, then the case officer will write to the applicant or their representative/ agent and offer the opportunity to revise the application.

The case officer will write a report which recommends either that planning permission is granted or refused.

How is a decision on a planning application made?

Decisions about applications are made either:

• under delegated powers
• at the Development Control Committee
  Under delegated powers, the Head of Planning has the authority to make decisions to grant or refuse planning permission. These decisions mostly relate to smaller scale proposals (such as alterations, small extensions to property, conversions, straightforward changes of use, etc). One of the benefits of this system is that applications do not have to wait their turn to be heard at the Development Control Committee, and so can be processed more efficiently. Planning permission for an application can be both granted and refused in this way.

The Development Control  Committee is open to the public and meets every four weeks. The types of application it usually considers are for large or controversial applications. The Head of Planning presents the reports and recommendations to the Councillors who make up the Committee. It is these Councillors who decide whether to grant or refuse planning permission for these applications.

Members of the public can speak at the meeting either in favour or in opposition to an application, but to do so, they need to contact Committee Services to register their intention to speak.

How do I hear about planning application decisions?

Formal decision letters are sent out to the applicant or their representative/ agent and all objectors as soon as possible.

You can check with us to find out whether a decision about a particular application has been made, but you will need the correct address and preferably the correct application reference number.

The case officer will be able to provide detailed information about the status of a particular application.

How long does the decision making process on planning applications take?

We aim to deal with applications within the following timescales:

• 80% of minor applications within 4 weeks
• 75% of other applications within 8 weeks

In all categories of application, more complicated or controversial proposals are likely to take longer. In addition, applications which are submitted with incomplete or inadequate information also take longer.

Ways to help speed up the processing of an application include consulting planning officers for advice before submitting a proposal, and making sure all the required information is included at the time of submitting your proposal.

What can I do if I am unhappy about the decision on my planning application?

You have a right of appeal against the decision to the Scottish Ministers. The Directorate of Planning and Environmental Appeals is an independent body and will deal with such an appeal.

Additionally, if you are unhappy about the way an application has been handled, you can contact our complaints service.

How can I get copies of past planning decisions?

You can to write to us, enclosing a cheque made payable to "Perth & Kinross Council" for £10 per decision. Alternatively you can visit us in person.

Can I look at the planning history file for an existing building?

We can retrieve files from the archives so you can come in and view them at Pullar House; it is not permitted for files to be taken away. This service is free of charge, but you will need to request the file 4 working days before you want to come in and look at it. You can do this either by phone, fax, email, letter, or by dropping in to Pullar House in person.

Can I find out whether planning permission has been granted for something which is currently being built?

If you have the address of where the works are being carried out, we can find out whether there are any planning permissions which relate to that address.

How do I find out who owns a particular property, fence or wall?

We do not look after this information. You need to contact the Registers of Scotland. Registers of Scotland is a government department who keep a record of who owns land and property in Scotland.

How do I find out who owns a particular access way and who is responsible for maintaining it?

You need to contact us.

How do I find out where drains run under a property?

We do not look after this information. You need to contact Scottish Water.

Who is responsible for getting road signs replaced or speed bumps put in place?

We are not responsible for works to road signs or roads themselves. You can contact CLARENCE who will be able to help.

Who can help me with queries about doing work to a party wall?

Our Building Standards team will be able to offer advice about party walls.

What are the criteria for listing a building?

Buildings for listing are considered on the following points:

• Architectural interest: Buildings of importance because of their design, decoration and craftsmanship, as well as important examples of particular building types and techniques
• Historical interest: Illustrations of important aspects of the nation's social, economic, cultural or military history
• Historic association: Close historical association with nationally important people or events
• Group value: Especially where buildings comprise an important architectural or historic group or a fine example of planning, e.g. squares, terraces or model villages

For further information, see the Conservation and Design section of local plans or see the Heritage/Conservation page.

What are the effects of listing a building?

ou will need the our consent to demolish a listed building or for any alteration or extension which would affect its character as a building of architectural or historic interest. It is a criminal offence to carry out works to a listed building without prior listed building consent - even if you did not know that the building was listed.

For further information, see the Heritage/Conservation page.