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.
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?
If 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?
If 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:
Executive Director (The Environment Service)
Perth & Kinross Council
Pullar House
35 Kinnoull Street
Perth
PH1 5DG
