PLANNING PERMISSION
Obtaining planning permission is essential for various reasons. You may require it if:
​
-
You plan to construct something new.
-
You intend to make significant changes to your building, such as adding an extension.
-
You seek to alter the use of your building.
-
Your building is situated in a conservation area (which may require 'conservation area consent').
-
Your building is listed (which may require 'listed building consent').
​
To determine if your building is in a conservation area, contact your Planning Authority. Similarly, you can verify if your building is listed by checking Historic Scotland's listed building search or contacting your Planning Authority.
​
Certain building projects fall under 'permitted development rights' and do not require planning permission. This includes projects involving industrial premises, warehouses, some outdoor signs and advertisements (with specific regulations), and demolition (subject to approval from your local planning authority).
​
There are also instances where projects might not necessitate planning permission, particularly if they have minimal impact on neighbors or the environment. If you believe your project falls under this category, consult your local Planning Authority for clarification.
​
Once you've submitted a planning application, the Planning Authority typically decides within 2 months (or 4 months for larger or more complex applications). They base their decisions on local development plans, considering factors such as the building's size, layout, appearance, available infrastructure, intended use, and impact on the surroundings. However, decisions must align with the development plan unless 'material considerations' justify otherwise.
​
If you face a refusal, disagree with imposed conditions, or experience delays in the decision-making process, you may have the right to appeal to Scottish Ministers under certain circumstances. The appeal must be lodged within 3 months of the decision or within 3 months of the decision's anticipated date if no decision is reached. The appeals process entails strict deadlines and requires thorough documentation to support your case.
​
During the appeals process, a reporter appointed by the Scottish Government assesses the appeal and may request additional information or hold hearings or inquiries to gather relevant evidence, including detailed planning drawings. Depending on the complexity of the case, decisions are usually issued within specific timeframes.
​
If you believe someone has acted unreasonably, causing you undue expense, you can submit an expenses claim. However, expenses claims are separate from the appeal process and do not guarantee the success of your appeal.
​
If you wish to withdraw your appeal, you must notify the Scottish Government before the reporter reaches a decision.