Planning and Building Warrants (Scotland)
Resources
Introduction
There are three main parts to the planning system:
- Development Plans
which set out how places should change and also set out the policies used to make decisions about planning applications. - Development Management
the process for making decisions about planning applications. - Enforcement
the process that makes sure that development is carried out correctly and takes action when development happens without permission or when conditions have not been followed.
There are three main parts to the planning system:
- Development Plans
which set out how places should change and also set out the policies used to make decisions about planning applications. - Development Management
the process for making decisions about planning applications. - Enforcement
the process that makes sure that development is carried out correctly and takes action when development happens without permission or when conditions have not been followed.
Why is there a planning system?
Sometimes new buildings, changes to the use and appearance of existing buildings, and other changes in the way land is used are needed. These activities are called ‘development’, and they often require planning permission.
The planning system is used to make decisions about future development, and the use of land in our towns, cities and countryside. It decides where development should happen, where it should not and how development affects its surroundings.
Sometimes new buildings, changes to the use and appearance of existing buildings, and other changes in the way land is used are needed. These activities are called ‘development’, and they often require planning permission.
The planning system is used to make decisions about future development, and the use of land in our towns, cities and countryside. It decides where development should happen, where it should not and how development affects its surroundings.
The planning system exists to regulate the use of land and buildings by granting or refusing planning permission. Decisions about planning applications are based on the development plan for your area, which is prepared by your local council or national park authority.
The planning system balances competing demands to make sure that land is used and developed in the public’s long-term interest.
The effect of the planning system’s decisions should be to help increase sustainable economic growth, which is the main purpose of the Scottish Government. This means that the planning system should help build a growing economy, but at the same time protect our environment for future generations and make sure that communities can enjoy a better quality of life.
What are development plans?
The development plan is a document that sets out how places should change and what they could be like in the future. It says what type of development should take place where, and which areas should not be developed. It sets out the best locations for new homes and businesses and protects places of value to people or wildlife.
The plan also helps development to take place quickly by describing how any new or improved facilities, such as roads, schools and parks, will be provided.
The development plan is a document that sets out how places should change and what they could be like in the future. It says what type of development should take place where, and which areas should not be developed. It sets out the best locations for new homes and businesses and protects places of value to people or wildlife.
The plan also helps development to take place quickly by describing how any new or improved facilities, such as roads, schools and parks, will be provided.
Councils and national park authorities must prepare a development plan for their area at least every five years. The law says that the development plan should be the starting point in making any planning decisions.
The policies in the development plan help set out what kind of development is acceptable. The council will respond to planning applications based on the plan.
What does the plan contain?
There can be up to three parts to the plan. Each council area in Scotland is covered by a local development plan, there may also be a strategic development plan covering all or part of your area.
Councils can also prepare supplementary guidance. Common types include:
There can be up to three parts to the plan. Each council area in Scotland is covered by a local development plan, there may also be a strategic development plan covering all or part of your area.
Councils can also prepare supplementary guidance. Common types include:
- Development briefs or master plans
which provide a detailed explanation of how the council would like to see particular sites or small areas develop. - Strategies or frameworks on specific issues
for example, guidance on the location of large wind farms. - Detailed policies
for example on the design of new development.
How can I get involved in preparing the development plan?
During the first stage of preparing a new plan, your council will talk to communities and local businesses to make a main issues report. This will set out their ideas about the different ways your area could change. It is important that you get involved in preparing the plan at this point, when it is easier for the council to take account of new ideas.
During the first stage of preparing a new plan, your council will talk to communities and local businesses to make a main issues report. This will set out their ideas about the different ways your area could change. It is important that you get involved in preparing the plan at this point, when it is easier for the council to take account of new ideas.
The council will then prepare a proposed plan and make it public. If you are not happy with this, you can make formal comments to the council. The issues that people have raised will be discussed at an examination held by a person appointed by Scottish Ministers. Councils must take notice of the findings of the examination before adopting their local development plan.
If you live in an area that also has a strategic development plan, this will be prepared in the same way as the local development plan – a main issues report, followed by a proposed plan and an examination. The main difference is that Scottish Ministers are responsible for the final approval of strategic development plans.
If you want to know when your council will be preparing a new plan, or how it is getting the public and other groups involved, then you should look at its development plan scheme. The council will produce this scheme every year.
You can look at the development plan and development plan schemes in local libraries, at the council’s planning office, or online by going to your council’s website.
What is development management?
Development management is the term used for the process of deciding whether to grant or refuse planning permission. Your council will normally deal with applications for planning permission.
Development management is the term used for the process of deciding whether to grant or refuse planning permission. Your council will normally deal with applications for planning permission.
Do I need planning permission?
You need planning permission for any new development. The law says that ‘development’ includes any building, engineering, mining or other operations in, on, over or under land. It also includes changes in the use of buildings and land. Your council will be able to tell you more.
Planning permission is not needed for work that only affects the inside of a building. If it is a listed building, you may need listed building consent to make changes inside a building.
You need planning permission for any new development. The law says that ‘development’ includes any building, engineering, mining or other operations in, on, over or under land. It also includes changes in the use of buildings and land. Your council will be able to tell you more.
Planning permission is not needed for work that only affects the inside of a building. If it is a listed building, you may need listed building consent to make changes inside a building.
Some developments, for example changes to existing developments such as certain house extensions, are classed as permitted development and don’t need permission from the council. You should always check with your council’s planning department about whether you need to apply for planning permission for building work. Discussing your plans with them before you make an application will be helpful, and can save you time.
For the purposes of planning applications, developments are put into one of three categories: local, major or national. The different types allow councils to treat developments in a way which is suited to their size, complexity and the issues they are likely to raise.
Local developments include changes to individual houses and, for example, smaller developments for new housing and retail. Most applications for planning permission will be for local developments. Major developments include developments of 50 or more homes, certain waste, water, transport and energy-related developments, and larger retail developments. National developments are mainly large public works (for example, the replacement Forth crossing) and are identified in a document called the National Planning Framework.
Your council can give you more information about these categories.
Development management
Making your planning application
All planning applications must contain a description of your plans, an address or location and details of who is applying for the planning permission. You will also need to give the council:
- drawings and plans;
- a certificate showing the site owners and any agricultural tenants, and whether you have notified them that you have made an application; and
- the planning application fee.
You should include all relevant information when applying for planning permission.
All planning applications must contain a description of your plans, an address or location and details of who is applying for the planning permission. You will also need to give the council:
- drawings and plans;
- a certificate showing the site owners and any agricultural tenants, and whether you have notified them that you have made an application; and
- the planning application fee.
You should include all relevant information when applying for planning permission.
The size of the planning application fee will depend on the type of development you want to carry out.
You can make your planning applications online through ePlanning Scotland website to:
- make planning applications and appeals online;
- buy an online location plan;
- use the checklist to make sure you provide all the necessary information;
- attach plans, drawings and other documents to support your application;
- use a fee calculator to work out the correct fee;
- create an account so you can make more applications; and
- share the information with neighbours, clients or colleagues.
For some applications you may need to provide extra information.
If your proposal is for a local development in an area such as a conservation area or National Scenic Area, then you may need to provide a ‘design statement’ setting out how you have considered the design of the proposal.
If your proposal is for a major or national development you will need to:
- carry out pre-application consultation with the community – this includes sending details of the proposal to the council and to local community councils and consulting the wider community using at least one locally advertised public event; and
- prepare a design and access statement setting out information about the design of the proposal and how you have considered access for disabled people.
Some developments need a specialist report, for example on retail, transport or noise. Whether a specialist assessment is needed will depend on the type of development and its location.
A small number of applications may also need an Environmental Impact Assessment or Appropriate Assessment, where there is likely to be a significant effect on the environment.
If you think your application may be affected, you should get in touch with your council, who will able to provide further advice.
How do I find out about planning applications in my area?
When the council receives an application for planning permission it will tell the neighbours (the meaning of ‘neighbours’ is set out in law) what is proposed, by sending them a notice. This notice tells them about the development and how, and by when, to make comments. Some types of application are also advertised in local newspapers, including when the council is unable to send a notice to neighbours.
When the council receives an application for planning permission it will tell the neighbours (the meaning of ‘neighbours’ is set out in law) what is proposed, by sending them a notice. This notice tells them about the development and how, and by when, to make comments. Some types of application are also advertised in local newspapers, including when the council is unable to send a notice to neighbours.
Councils put information about applications on a register and, every week, the council will prepare a list of the applications for that week and send it to community councils. The council will also make a full list of applications it has still to decide on, available in libraries and on its website.
Most planning authorities display copies of planning applications and progress in processing these online.
