What needs planning permission?
Why control development?
Over 140,000 people live in the area and many more visit to
work, to shop or for leisure. Because of this, the way any land or
building is used or the way a building is designed can affect many
people. We have a legal duty to control development so that land
and buildings are used sensibly, in a way that is best for the
whole community and the
environment.
What are the benefits of controlling
development?
Some of the benefits of properly controlled development are:
- Ensuring that new houses are connected to roads and sewers, and
have shops and schools nearby
- Keeping noisy or dirty industry away from residential
areas
- Ensuring that new buildings are well laid out and at home with
their surroundings
- Conserving countryside and good farmland
- Ensuring that the road system can handle new developments
What needs planning
permission?
The question of what needs planning permission can be quite a
complex matter. New buildings, such as houses, shops or factories,
require planning permission and so do many changes of use of
buildings and land. Extensions to buildings may also need planning
permission, depending on such matters as their size.
The display of certain types of advertisement needs consent under
the Advertisement Regulations.
Please note that major changes to the rules governing which
alterations and extensions to dwellinghouses and flats require
planning permission will be introduced from 6 February 2012. More
information on these changes is contained within the
Guidance Note which can be downloaded from this page.
If you are unsure whether or not you need planning permission for a
particular 'householder' type of development, please refer
to the
Guidance Note or
to the specific "Do I need planning permission..." guides in
the 'downloads' panel. These guides, which cover the
most common forms of 'householder' development, replace
those previously available and apply to development which will be
commenced on or after 6 February 2012.
If you need to write to us, it is helpful to provide a drawing of
what you are proposing and map showing where it is. Provided
sufficient information has been provided, we will write to you
letting you know if you need planning permission. A legally
binding response however requires an application for
a Certificate of Lawful Use or Development.
What if I want to change the of use of the building or
land?
Planning permission may well be needed if you want to change the
use of land or a building. For example, it will be required if you
want to convert your house into separate flats or an outbuilding
into a separate home. You may want to run a small business from
your house, and planning permission may be required in some
circumstances. Any change in the use of land unless it is to
agriculture, almost always requires
permission.
Is planning permission always
needed?
Normal maintenance work to the outside of houses, shops or
factories does not need planning permission; nor is it needed for
internal alterations or for most demolition work. However, there
are exceptions to the rule.
Can you explain what is meant by 'permitted
development'?
Some building works of a minor nature can be carried out without
the need to obtain planning permission - this is called 'permitted
development'. The rules governing 'permitted development' can
change from time to time and they can be found in full in
the Town and Country Planning (General Permitted Development)
(Scotland) Order 1992 copies of which can be obtained
from the Stationery Office. Advice will always be given by us, and
it is advisable to seek this as early as possible when you start
considering undertaking any work.
A SHORT AMOUNT OF TIME SPENT OBTAINING ADVICE CAN SAVE A GREAT
DEAL OF WASTED TIME LATER - PLEASE ASK.
What sort of information may I need to
supply?
When asking whether or not permission is needed for a particular
development, most or all of the following information will be
needed:
- The address of the property.
- Whether the dwelling has previously been extended and, if so,
by how much?
- The type of house - is it terraced, semi-detached or a flat
(extending a flat always needs planning permission)?
- The size of the proposed extension (external metric
measurements).
- What type of roof will the extension have and will it be higher
than the present house roof?
- Whether the extension consists of only a dormer.
- How far will the extension be from the nearest boundary?
- What size is the garden?
Is there a legal definition of
development?
The legal definition of development includes building and
engineering operations and changes to the use of and or buildings.
This can include building walls, erecting new buildings, altering
buildings, new roads and accesses, conversion of buildings, and
demolition. Planning permission may also be required for some
business premises and businesses working from home.
What if I am uncertain that what I want to do
needs permission?
Because the law governing whether or not planning permission is
needed is complicated it is always advisable to ask us whether
or not you need to apply for
permission.
Will I be likely to get
permission?
Having plans drawn up and applying for permission can be time
consuming and will cost money, To avoid delay and unnecessary
expense please contact the Development Management Service and
talk to a Planning Officer first. You should read our leaflet on
pre-application consultations before you send
us information or sketches to show what you have in mind. They
will then offer their opinion and tell you how to apply for
permission or how to alter your proposal to increase the chances of
approval. It is important to understand that this advice cannot
take the place of a formal planning permission and cannot guarantee
that permission would be granted.
What other consents might I
need?
I f you intend to extend, alter or demolish a listed building, or
part of one, you may need Listed Building Consent, even for
internal works and things that do not require planning permission.
It is a criminal offence to carry out unauthorized works to a
Listed Building, so always check the position with us first!
Further advice on Listed Buildings is given in the Heritage and
Conservation pages. If you intend to demolish any building or
wall within a Conservation Area you may need Conservation Area
Consent.
What if I start a development without
planning permission?
I f development is carried out without planning permission, or
without adhering to the conditions of a planning permission which
has been granted, there is danger that it will cause harm to the
environment or people's quality of life.
So, we are committed to investigating reported breaches of
planning control and we have legal powers to remedy the
situation if necessary. In some cases there may have been a genuine
belief that planning permission was not needed, in which event an
opportunity may be offered to make a retrospective application if
there is a likelihood that what has been done will prove
acceptable.
However, where we feel that the situation can only be
rectified by the building being taken down or the use being
stopped, we will take enforcement action. This will usually be
by serving one or more formal notices which say what needs to be
done to keep to planning law. Failure to keep to a notice can be an
offence which leads to prosecution. Although some rights of appeal
do exist, it should be kept in mind that we only take such action
in exceptional circumstances where we feel real harm would
otherwise occur.
What about Building Standards?
Most building work is controlled under the Building Standards,
which are there to make sure public health, safety and convenience
of people in or about the buildings. When the Regulations apply you
have a duty under law to keep to them. So if you are doing work
controlled by the Building regulations, protect your interests and
insist the work is independently and professionally inspected by
our Building Standards Service.
Our Building Standards Section is manned by professionally
qualified and experienced staff who have the local knowledge,
technical expertise and the ability to tailor the service to suit
your needs. Make them your natural choice.
As well as the supervision of works under Building Standards, the
section also deals with dangerous structures, demolitions, permits
for skips, scaffolds and hoardings, advice on access and
facilities for people with disabilities.
For further information and advice on any of the services
provided by Building Standards, please go to
the Building Standards pages.
What if you are still uncertain about whether
you need planning permission?
If you are in doubt please contact the
Development Management Section for advice by either ringing or
writing to us at:
The Development Quality Manager
The Environment Service
Perth & Kinross Council
Pullar House
35 Kinnoull Street
Perth
PH1 5DG
