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Questions & Answers

What is planning permission?   

Planning Permission, in simple terms, is like asking if you can do a certain piece of building work. It will be granted (possibly subject to certain conditions) or refused.  It is your responsibility to determine whether planning permission is required before you start a project, and MFA can assist with advice right at the outset.     
 

Do I need planning permission?     

You need planning permission for many types of new development.  The main planning law in Scotland is the Town and Country Planning (Scotland) Act 1997 as amended.  Section 26 of the Act states 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.  Please contact us for further advice and information.     
 

What are permitted development rights?  

Certain forms of development benefit from a general planning permission usually referred to as ‘permitted development rights’.  These rights are granted so that many instances of small alterations and extensions to dwellings or the erection of buildings within gardens can be carried out without the need to submit an application for planning permission.  As with all home improvement projects, the owner of the property is responsible for complying with relevant planning regulations.  Please contact us for further advice and information.     
 

How much does planning permission cost?     

You are required to pay a fee to the local planning authority for most planning applications.  These fees are set by the Scottish Government.  The applicable fee depends on the type and scale of the proposed development.  Again please ask us for advice.    
 

How long does it take to obtain planning permission?     

Local planning authorities should usually make a decision on local planning applications within two months and and within four months for major/national and EIA planning applications.  However, determination timescales can depend on a number of factors including the complexity of the proposal, if there are objections to the proposal and whether further supporting information is requested.    
 

What happens if my application is refused?     

In Scotland, over 90% of all applications are approved each year.  If your application is refused then you either have a right of appeal or review. Where decisions are made by the local authority’s planning committee, appeals are made to the Planning and Environmental Appeals Division (DPEA) of the Scottish Government.  Where decisions are made by a planning officer (a delegated decision), the decision can be challenged through the council’s local review body, which is made up of a group of three or more elected councillors of the local authority.     
 

What happens if I didn't obtain planning permission before starting work?     

While it is not illegal to develop land without planning permission, it is not lawful to do so.  Carrying out development without planning permission constitutes a breach of planning control. Where such a breach has occurred, the local planning authority may (at its discretion) take planning enforcement action, and will do so if it would not have granted permission for the development had it originally received an application for planning permission.  Planning enforcement action will usually involve issuing a planning enforcement notice which will require various actions to be carried out within a set time period (e.g. action to ensure that the land is restored back to its original condition prior to the unlawful development).  In some circumstances, you may be able to claim immunity from enforcement action.  Please contact us for further advice and information or if you need help with an ongoing enforcement issue.     
 

Do I need listed building consent/conservation area consent?     

If you own a listed building you will need listed building consent for any works that are considered by the planning authority to alter the character of the building or structure. There are occasions when listed building consent will be required but not planning permission.  Listed building protection covers the inside as well as the outside of the building and extends to the curtilage (the area surrounding a building, including the boundary wall).  This can include works such as replacement windows and doors, or installing a satellite antenna.  Altering a listed building without consent is a criminal offence, and in extreme cases it can lead to prosecution, unlimited fines and even imprisonment.  So do ensure you apply for this first.

If you intend to demolish an unlisted building within a conservation area, conservation area consent will normally be required.  An application for consent will need to include reasons for the demolition and detailed plans of existing and replacement buildings if any are being proposed.  In addition, most works to the outside of a building or structure in a conservation area will require planning permission.     
 

What are Development Plans?     

Development Plans must be reviewed every five years, and planning authorities are required to involve people by undertaking consultation from an early stage.  Development Plans go through a number of important stages before they are finalised and adopted.  Whilst all stages are important, the two which provide the opportunity for public consultation to allow people to make comments and influence the plan are the Main Issues Report and the Proposed Plan stages.

MFA are experienced with all aspects of making representations to Development Plans to identify opportunities to promote land and buildings at every stage of the plan making process as well as influencing emerging planning policy in order to protect and promote our client’s interests. Representations can be submitted on a site specific basis, or in respect of general development management policies which influence the detailed design of a proposed development.  
 

How can I get involved in the Development Plan process?   

Development Plans must be reviewed every five years, and planning authorities are required to involve people by undertaking consultation from an early stage.  Development Plans go through a number of important stages before they are finalised and adopted.  Whilst all stages are important, the two which provide the opportunity for public consultation to allow people to make comments and influence the plan are the Main Issues Report and the Proposed Plan stages.  

MFA are experienced with all aspects of making representations to Development Plans to identify opportunities to promote land and buildings at every stage of the plan making process as well as influencing emerging planning policy in order to protect and promote our client’s interests. Representations can be submitted on a site specific basis, or in respect of general development management policies which influence the detailed design of a proposed development.
 

What is a material consideration?

A material consideration is a planning issue which is relevant to the application and can include national policy, comments by the public and by organisations the planning authority has consulted, the design of the proposed development, and the effect of the proposal on the environment. The planning authority must decide how important these material considerations are.  Because they need to consider all the relevant material considerations, there is no guarantee that Development Plan policies will be the deciding factor in every case however the planning authority will usually approve applications for development which accords with the Development Plan.  
 

What is EIA and how will I know if it is needed?

An EIA is an Environment Impact Assessment and is a means of drawing together, in a systematic way, an assessment of the likely significant environmental effects arising from a proposed development.  It is required for some types of development which fall under the requirements of the Environmental Impact Assessment (Scotland) Regulations 2011 and usually go through the screening and scoping procedure with the local planning authority.  Developments falling within a description in Schedule 1 to the 2011 EIA Regulations always require EIA.  Developments of a type listed in Schedule 2 will require EIA if it is likely to have a significant effect on the environment, by virtue of factors such as its size, nature or location.  Please contact us for further advice and information.
 

What are your fees, terms and conditions?

MFA provide an initial free, no obligation consultation.  We offer cost-effective advice and can work on a fixed fee, hourly/daily rate, or shared risk basis.  All fees are agreed prior to work commencing and will only change with the agreement of the client.

We observe the byelaws, regulations and ethical guidelines of the RTPI.  We accept instructions to act for clients on the basis that we will act in accordance with those guidelines.  Our terms and conditions are available on request.

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