Week 7: Planning Flashcards
What are the three categories of development?
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.
How do they inform the public about applications?
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.
How are decisions made?
Applications for smaller developments will normally be decided by the planning officer.
More complex or controversial proposals are likely to be decided by councillors. Each council has prepared a ‘scheme of delegation’ setting out who is responsible for deciding different types of planning applications.
The law says that for national developments and for major developments which are ‘significantly contrary to the development plan’, the applicant and people who have made comments must get the opportunity to attend a hearing before a council committee, then a meeting of the full council will decide on the application.
When making a decision about an application, the council can:
grant planning permission without conditions;
grant planning permission with conditions; or
refuse planning permission.
Councils should usually make a decision on applications for local development in two months and for national or major development in four months.
Appeals
If you have applied for planning permission and do not agree with the council’s decision or do not agree with a condition attached to the planning permission, you can ask for a review or appeal of the decision.
You can also ask for a review or appeal if the council doesn’t make a decision within the time period set by law. No one else has the right to ask for a review or appeal.
Depending on who made the decision about your application, you can appeal against a decision either to a Local Review Body or to Scottish Ministers.
If your application was decided by a planning officer on behalf of the council, you can require the decision to be reviewed by the Local Review Body, which is a group of councillors.
If the decision on your application was made by councillors, you can appeal to Scottish Ministers.
You have three months from the date of the decision to ask for a local review or to make an appeal to Ministers.
Enforcement
If you build something without planning permission, or if you don’t follow the conditions attached to a planning permission, the council can use their enforcement powers.
Enforcement is important because it makes sure that everyone stays within planning law and the conditions of their planning permission.
Local residents are incensed by plans to develop a hyper-market on the outskirts of their village. The councillor chairing the meeting indicates that she intends to ban the press and the public from the meeting on the grounds that sensitive material will be discussed.
Outline the process a planning application goes through.
Candidates should outline that planning applications are submitted to the local council with a detailed or outline plan.
Smaller developments may be approved by planning officers while others will need to go before the planning committee.
Council officers produce a report, after consultation with interested parties, with recommendations for the committee.
Applications may be approved, rejected or conditionally approved.
Greenbelt
A green belt is an area of land with fields or parks around a town or city, where people are not allowed to build houses or factories by law.
Conservation area
Conservation areas “are areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance”.Conservation areas are crucial to the conservation of our environment.
There are over 600 conservation areas in Scotland.
Many were designated in the early 1970s, but some have since been redesignated, merged, renamed, given smaller or larger boundaries and new ones have been added.
They can cover historic land, battlefields, public parks, designed landscapes or railways but most contain groups of buildings extending over areas of a village, town or city.
To safeguard them for the enjoyment and benefit of future generations any new development should preserve or enhance their varied character.
National Park?
Loch Lomond and the Trossachs
Cairngorms Mountain Range
Loch Lomond and The Trossachs National Park Authority is responsible for deciding all planning applications in the National Park area.
The planning system in the Cairngorms National Park is managed by the Cairngorms National Park Authority and the five local authorities which operate in the National Park, with the Park Authority ‘calling in’ and deciding those applications which are big or important to the National Park.
What is a listed building?
Listing recognises buildings which have special architectural or historic interest.
Listed buildings are managed through the planning system, through listed building consent, so that any changes to them have to be carefully considered.
Three types of listed building?
Category A Buildings of special architectural or historic interest which are outstanding examples of a particular period, style or building type.
Category B Buildings of special architectural or historic interest which are major examples of a particular period, style or building type.
Category C Buildings of special architectural or historic interest which are representative examples of a particular period, style or building type.
Group categories A group category, either A or B Group, was previously given to a group of related listed buildings to show their group interest. The group category was given as well as the individual category and has no legal significance. This category is gradually being phased out.
“Planning gain”
Planning obligations (known as section 75 Agreements in Scotland and section 106 Agreements in England and Wales) are contracts entered into between a landowner and the planning authority. A planning obligation can be entered into at any stage of the planning process, and most commonly arises in connection with applications for planning permission and can include financial contributions towards schools, roads, transport, public realm and affordable housing.
Who can comment on an application for planning permission?
Anyone can comment on an application for planning permission.
This not only means neighbours and people who are most directly affected by a proposal, but also the wider community and even those who may not be directly affected but have views on a proposal
How do you change a listed building?
If you want to alter, extend or demolish a listed building you will need to contact your planning authority to see if you need listed building consent.
You apply for listed building consent in much the same way as you would apply for planning permission, submitting an application form and plans of the proposed work. There is no charge for listed building consent.
It is a criminal offence to demolish, alter or extend a listed building in any way which would affect its character as a building of special architectural or historic interest unless you have listed building consent.
