How to Apply for Planning in Scotland Apr 09

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HOW TO APPLY FOR PLANNING

PERMISSION IN SCOTLAND

scottishplanningpermission.com

Dr Jamie Coleman

April 2009

SCOTTISH PLANNING PERMISSION.COM 1


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DISCLAIMERBefore you read this book

Terms: Limit of Liability and Disclaimer of Warranty: The publisher has used its best efforts

in preparing this book, and the information provided herein is provided "as is." Scottish Plan-

ning Permission makes no representation or warranties with respect to the accuracy or com-

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Permission cannot attest to the accuracy of this information. Use of a term in this book should

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mark. Scottish Planning Permission is not associated with any product or vendor mentioned inthis book.

This eBook sets out the general approach to obtaining planning consent. It covers general is-

sues and provides examples of typical common problems. Issues can often be more complex

and varied and professional advice should be sought.



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TABLE OF CONTE NTS

Introduction 6

How to use this book 6

Looking At Land 9

A guide to the basic concepts of site appraisal 9

1.1 Appraising land 9

1.2 Access 10

1.3 'Ransom strip' 10

1.4 Look at the slope of ground. 11

1.5 Vegetation 12

1.6 Services 14

1.8 Ground Condition 18

1.9 Topography 18

1.10 Site Boundary 19

1.11 Junction Visibility Splays - Line of Sight 20

1.12 Site Checklist 23

Pre-application Consultations 28

What to do when first discussing your land with the Local Planners 28

2.1 Meeting with the Local Planning Authority 28

2.2 Further Consultations 28

2.3 Uneven Implementation 29

2.4 A Few Hints 29

Form fi$ing and Notifying neighbours 30

A guide to getting the paperwork right 30



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3.1 Application Form 30

3.2 Notifying the Neighbours 31

3.3 No More Anonymity 31

3.4 General Details 32

3.5 Askan Expert 32

Applying for Planning Permission 33

Information required for submission for Detailed(Fu$) Planning Permission: 33

4.1 Standard Letter 33

4.2 Application Form 34

4.3 Neighbourhood Notification 35

4.4 Drawings (four- six sets) required are: 36

4.5 Further Reports 36

4.6 A'er the Application is Lodged 37

4.7 A Planning Decision 37

Whats Next? 39

A guide to the basic concepts of site appraisal 39

5.1 Build, Bank or Se$ 39

5.2 Building and Building Warrant 39

5.3 Building Warrant Drawings 40

5.4 Technical Standards 41

Future Changes 42

A guide to impending changes to the Scottish system 42

6.1 Applicationsom August 2009 42

6.2 Appeals 43

6.3 Pre-Application for larger developments 43



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INTRODUCTIONHow to use this book

First of all thank you for downloading this ebook. A great deal of work has gone in to making

this as useful and user friendly as possible and we hope that you can benefit from it. The book

is structured in such a way that you can either read through all of the text or simply jump be-

tween areas of interest or importance. At each stage the important points have been high-

lighted along with action steps. At the foot of every page there is an e-mail contact link whereyou can seek a response to your queries as you work your way through the document. There

are handy tips throughout the text that should also help you on your journey.

The aim of this ebook is to inform and to give you the tools, if you choose, to be able to sub-

mit a planning application on your own. You will need architectural drawings to be able to

submit your planning application and if you intend to build, you will need to employ profes -

sionals such as an architect to design or a structural engineer who will check and certify the

structural elements of your project before you will be able to obtain a building warrant, thenext stage in the approvals process. There is guidance within these pages on these next steps

but it is important to be clear with yourself at the outset about your aims and reasons for ap-

plying for planning permission. If you are simply intending to obtain planning permission to

increase the value of your land and have no wish to actually build then the task is more

straightforward. If, on the other hand, you wish to build on your land then obtaining detailed

planning permission is only the beginning of the process. If building, you will have to employ

professionals to obtain a building warrant and obtain engineers certificates etc. Submitting

your own detailed planning application should save you money at the outset, however, if you

are going to build with a professional team you may be able to negotiate a better deal by havingthem submit for you. This is especially true if you are going for a bespoke house where you

will want to work with your design team from the very beginning. Even if this is the case, we

hope that this little ebook gives you enough information that you are aware of the issues in-

volved in the process and can ask the right questions. The intention, in preparing the informa-

tion in this e-book is to promote awareness of some of the issues involved in planning, design

and building at the earliest stages in the process.

Never feel embarrassed to ask. Always ask. Ignorance costs time and money



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By way of illustration and to help explain, we are concentrating on a single house project.

Most of what we say and the information supplied can also relate to and be relevant to larger

projects. As mentioned, you will need drawings. Clear thinking at the outset can save you lots

of money. Asking an architect, an expert in the process of design, should help save money andprovide you with a design that closely suits your needs. To find an architect contact

http://www.rias.org.uk or www.rias.org.uk. If you are looking for a more standard product, you

may consider the use of a proprietary timber frame kit which has benefits in terms of speed of

erection. A timber frame manufacturer can provide you with standard house type drawings.

The cost of which is generally included in the overall purchase price of the kit. As mentioned

above, if you are going for a bespoke house then employ a good architect from the beginning:

It really is worth it. Alternatively, we can provide access to architect designed, simple house

type drawings in a form suitable for use as part of a detailed planning application. Have a look

at the Scottish planning permission website for details and more detailed advice(www.scottishplanningpermission.com).

The Scottish Planning System is plan-led and planning applications are determined in accor-

dance with Local Authority development plans. Strategic planning guidance is provided in a

Structure Plan and detailed land use guidance is provided in a Local Plan for each area. The

Local Plan policies, proposals and recommendations conform to the Structure Plan. Your ap-

plication will be determined in accordance with these plans unless material considerations in-

dicate otherwise.

The book begins by looking at land. The intention is to give you some of the basic informa-

tion that we use when deciding if a plot of land is suitable for building on and where to posi-

tion the house. This is a separate issue from whether the Local Planning Authority wish devel-

opment in your area. Local Authority requirements are contained in the Local Plan and ac-

companying planning policy guidelines. These fairly detailed documents provide a lot of in-

formation that you can use when preparing your project. Unfortunately not all Planning

Authorities have the current Local Plan online or make it easy to access planning policy and

guidelines. In these instances you should telephone, or better still, visit the local planning of-

fice and ask specifically about your site.

Your planning application will be scrutinised with reference to the Local Plan for your area. It

will also be viewed within the context and in accordance with principles set out in Scottish

Planning Policy (SPPs) and National Planning Policy Guidelines (NPPGs) to determine

whether or not it is acceptable.

http://www.rias.org.uk/http://www.rias.org.uk/http://www.rias.org.uk/http://www.rias.org.uk/


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Planning Advice Notes (PAN) are also a good point of reference as they are also used and re-

ferred to by your local planning department. These can be purchased or are sometimes avail-

able to download atwww.scotland.gov.uk/pubications. They deal in some detail with a variety

of planning issues some of which will be relevant to your application.

When talking to the planners come prepared with your list of questions. Describe what you

want to achieve and how you wish to do it. Ask to see the Local Plan for your site and have the

policies explained to you. Ask about the level of information that will be required when you

lodge your application.

A first crucial stage is placing your scale drawing of the house on your land. We have includedthe link to help you obtain the correct plan your your land for planning purposes

(www.planningapplicationmaps.com). Your job is to get the scale plan of whatever house type

you are going for and place it suitably. Hopefully the advice within this ebook will allow you to

do this for yourself but if you are unsure then contact us via the website and one of our team

can do this for a small fee. The truth is that we would much rather that you were able to do

this for yourself as the point of this e-book is to give you knowledge and empower you to sub-

mit a good application cheaply.

It is intended that this e-book directly reflects your views and your needs. As such we will re-

spond to your wishes and add more information or write new chapters on new topics of your

choice. There is a live blog where you can offer opinions on this book and any other planning

or design issue that interests you. This is your ebook. It will be developed to respond to your

wishes and needs. It is seen by us as a work in progress as we will write it and update it to re-

spond to your queries.

So all that there is left for me to to say is best of luck with your planning application and I

hope that you find this little ebook useful.

Scottish Planing Permission

April 2009

http://www.planningapplicationmaps.com/http://www.planningapplicationmaps.com/http://www.planningapplicationmaps.com/http://www.planningapplicationmaps.com/http://www.scotland.gov.uk/pubicationshttp://www.scotland.gov.uk/pubications


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LOOK ING AT LANDA guide to the basic concepts of site appraisal

1.1 Appraising land

It may seem obvious but always visit the site before purchase and visit the site at times of ac-

tivity when you imagine schools will be coming out, pubs will be closing and so on. Appraising

land however is more than a simple visual inspection but looking closely at a site and walking

across it can reveal issues that will need further investigation.

Get to know your property - visit the site as often as you can

Always ask a neighbour. Neighbours love to talk and can provide good anecdotal evidence of

the past history and current use of the land. Issues such as flooding, fly tipping and so on and

issues not readily apparent on a visit may be drawn to your attention.

Whether you own a plot of land or are looking to purchase, knowing the basics of site ap-

praisal should equip you with enough information to make sensible judgements about devel-

opment potential. Assuming that you either own the land, or that price and location are suit-

able, there are many things to consider when you first visit the site you intend to develop. To

be entirely safe, expert advice from an architect or engineer should be sought at the outset.

They have a depth of knowledge and background well beyond the scope and content of this

book.

As mentioned, it is assumed that we are considering a single plot but many of the following

points relate also to larger tracts of land and larger developments. Considering them may help

you make your preliminary assessment and help in the decision to purchase or develop or not:

Look at old maps of the area. The will show the recent site history and thereby provide clues as to

possible pollution o r potential ground problems. Look at street names close by. Fountainwell

Road where is the fountain, where is the well. Is there an underground stream close by?



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1.2 Access

Being able to get into your plot both for construction purposes and future use is vital. Accessto your land or plot may seem an easy and uncomplicated issue. This may be far from the

truth. Ensure that you have a proper boundary plan showing actual ownership and that there

is no land outwith your control between you and the public highway. Check with your lawyer

that you have all of the rights that you need to gain Vehicular and pedestrian access to the site -

access to connect into main sewers and Services (electricity, gas, water for example). You

should also check to see if you share these rights with others. Disputes can occur if matters

are not clear at the outset. If your proposed development increases traffic use, for example you

intend to build three houses where on existed before, then you access may be viewed by the

Local Authority as inadequate and may have to be increased in width. An improved visibiltydistance or sight line may also be required (see section on visibilty splays).

Make sure that there are no legal or other difficulties in gaining access to your property. Ask the

question.

1.3 'Ransom strip'

Make sure that you own or can control all of the land needed to develop the site. Check with

your solicitor. Compare your title plan with what you can see on the ground. Be sure that you

will own, or will own all of the land up to the road edge. A ransom strip is a piece of land be-

tween a property and the road that is not owned by the property owner and is not the respon-

sibility of the Roads Authority. It is land that you may not have the right to use and you may

have to pay an additional sum to acquire or use. At worst you may be land-locked having not

been able to come to a suitable arrangement with the owner. Ransom strips are rare however

you can spot them within land developed for new housing where the road end heads towards a

field but stops before reaching it. It is worth checking out matters with your local Council aswell as your solicitor. The Local Authority can also let you know of any future developments

that may affect your property. Make sure to check this out.

Always check that you can get access onto the adjacent main road.



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1.4 Look at the slope of ground.

Put your eyes and experience to good use. Slopes cost money to build on.

Sloping ground most always means additional cost. Ground sloping down and away from the

road may give problems when it comes to connecting house drains by gravity into the mains

drainage system in the main road adjacent. Ground sloping upwards from the main road may

pose a different set of problems in dealing with a maximum gradient of driveway and surface

water run offonto the road. Normally, driveways should be no steeper than 1 in 10 or 1 in 12

for a distance not less than 6 metres as measured from the edge of the carriageway of the adja-

cent road. Where a driveway slopes down towards the road, measures must be taken to avoid

surface water run-off from discharging across the adjacent footway(see services section 1.6 be-

low).

Severe slopes up or down will lead to increased costs of foundation and build up of walls to

ground floor level (underbuilding). Increasing slope means increased expense, but this does

not necessarily mean that the site is unbuildable.

It is always advisable to contact a local land surveyor who at a relatively modest cost should be

able to provide you with relative levels for your site. This will enable you to position your

house to help minimise underbuilding costs and will enable you to connect into your main

sewer (if adjacent) at the correct angle.

A topographical or land survey will also provide you with levels that are required by the Local

Authority when you apply for permissions to build. On the plans that you submit you need to

show the finished floor level (FFL) and external ground levels (GL) associated with your build-ing. You are also likely to be asked to supply cover levels (CL) The level of your manhole cover

and invert levels (IL) the level at the bottom of your horizontal drainage pipe. Ideally these

levels should relate to ordnance survey data. In the absence of this they can be calculated as

levels plus or minus relative to an assumed number such as 100.



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1.5 Vegetation

An examination of the vegetation growing on the land can reveal a lot. At a glance it should bepossible to see how fertile the soil is and if it contains any potential problems such as Japanese

knotweed which must be dealt with prior to building.

It might look good but can it damage your building?

Japanese knotweed (Fallopia japonica) was introduced for commercial sale in the UK at the

beginning of the 19th Century. At the time it was regarded as a fashionable ornamental plant.

It is a hardy, highly invasive and fast growing plant penetrating down into the soil some 2 me -

ters or more. Stems can reach out of the ground some 3 metres high with erect bases thateventually branch out. The stems are sometimes red/brown but often green. Leaves are

broadly ovate and measure around 5-12 cm. The female flower is greenish-white. The fruits are

shiny black/brown.

The plants can spread several meters per year. Dispersal is achieved by transport to fresh sites,

water flow and human activity(dumping) So tenuous is the plant that small portions can give

rise to new plants with stem material able to make roots if detached from the parent plant.

The plant can grow through concrete and is difficult to eradicate. Treatment to eradicate Japa-



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nese Knotweed requires a particular spray method. This method along with annual checks for

level of eradication is important.

There are a number of chemicals that will kill the plant on the surface however few chemicals

will reach the end of the root, thus leaving potential for re-growth. The plant is highly resilient

and only requires a small segment of the root to be able to recover. Treatment should be car-

ried out by a specialist contractor who can inspect the site to guage the extent of the problem,

offer advice and provide a programme of treatment and cost est imate.

www.growingconcernscot land .com is such a company. See link below.(http://www.scotland.gov.uk/Topics/Rural/SRDP/RuralPriorities/Options/Controlofinvasivenon -nati/Japaneseknotwood)

Japanese Knotweed

Vegetation, if any, growing on a site provides a good indication of quality of soil and can high-

light any difficulties likely to arise that need to be dealt with prior to construction. An indica-

tion can also be given as to the presence of any dangerous substances or plants that have to be

safely removed or otherwise will affect development of the site. Heavy growth on site can

provide habitats for bird and animal life that may give rise to ecology issues that need to be

dealt with at the planning application stage.

http://www.growingconcernscotland.com/http://www.growingconcernscotland.com/http://www.growingconcernscotland.com/


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1.6 Services

The cost of providing electricity and gas to a site can be exteremely high. Contacting the serv-

ice provider is an essential first step to identifying cost and any time delays or difficulties in

providing a service to the site. Once costs are known they may influence your decision on the

appropriate fuel source and/or heating system. There are a growing number of 'green' water

and space heating systems on the market. Ground and air source heating, solar and wind

power can provide useful and cost effective alternatives. Further information can be found at:

www.renewablescotland.com.

There are also now a variety of ways of dealing with sewage/waste water treatment and surfacewater disposal.

Connecting to services is not cheap. Find out the cost to connect to the services that you need.

In urban areas a straightforward connection into the mains sewage system is normally avail -

able. Initial contact should be made however to the local Water Authority to discuss their re-

quirements which may involve road opening to gain access to the main drainage pipes.

In rural areas sewage can be treated on site by using a private waste water treatment plant or

septic tank. An accompanying outfall (pipe leaving the system) leads to an infiltration system

in the ground, reed bed or infiltration mound. These systems are usually designed by an expert

from information supplied as a result of tests carried out on the ground (porosity tests) to de-

termine how quickly waste water can be filtered through the soil.

1.7 Surface Water and Waste Water Treatment

There are also now a variety of ways of dealing with sewage/waste water treatment and surface

water disposal. In urban areas a straightforward connection into the mains sewage system is

normally available. Initial contact should be made however to the local Water Authority to

discuss their requirements which may involve road opening to gain access to the main drainage

pipes.

http://www.renewablescotland.com/http://www.renewablescotland.com/http://www.renewablescotland.com/


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Draining buildings and sites is vitally important and can be costly. Find out the simplest and most

economic solution before you buy, build or develop

1.7.1 Waste Water Treatment

In rural areas sewage can be treated on site by using a private waste water treatment plant or

septic tank. An accompanying outfall (pipe leaving the system) leads to an infiltration system

in the ground, reed bed or infiltration mound. These systems are usually designed by an expert

from information supplied as a result of tests carried out on the ground (porosity tests) to de-

termine how quickly waste water can be filtered through the soil. The following summary

should help undertsand what is required and the links provided give access to more detail.

Septic tanks may be used where mains drainage is unavailable. They are a generally accepted

means of disposing of foul waste. The sewage disposal operation begins when the foul waste

enters the septic tank and enters a settlement chamber. This chamber allows the solid waste or

sludge to sink and the liquid rise to the surface. Oxygen present in the tank reacts with the liq-

uid waste and the organic matters begins to breakdown biologically. This partially treated liq-

uid is carried through the discharge outlet and into the ground to percolate through the soil.

This area of ground is normally referred to as a 'soakaway'

Sewage disposal using a septic tank has become an increasingly important issue at the planning

stage. When an application is submitted, the Local Authority asks for details of the system and

outfall. This information is sent to SEPA for comment. At the Building Warrant stage the de-

tail design of the drainage system has to comply with Technical standards and much more in-

formation is required at this stage. As part of the Technical Standards consent process the suit-

ability of the soil to accept and deal with waste water has to be demonstrated. This is done by

establishing the soil porosity as discussed in some detail later on.

Technical Standards establishes minimum distance measures for drainage systems in order that

their presence does not compromise surrounding buildings or the local environment. For ex-

ample, no part of the installation must be within 5 metres of a building or boundary or 15 me -

tres distant from a watercourse in order to avoid contamination.



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The size of septic tank required can be calculated along the following lines:

Although larger tanks are available, the three most commonly used are of a size 2,800 litressuitable for use by up to four people, 3,800 litres suitable for ten and 4,800 to be used for up to

fourteen people.

To determine the one most suitable one for your development the following calculation may

be used:

The population equivalent for drainage systems has been established by British Waterwww.britishwater.co.uk

The size of treatment system for a house with up to and including 3 bedrooms is to be de-

signed for a minimum of 5 persons (5p) For a larger house 1p is added for every additional bed-

room beyond 3. For example a 6 bedroom property would have a population equivalent of 8 (5p

+ 3p) and a 3,800 lites tank, mentioned above, would be the appropriate one to use.

Once the tank has been selected, to calculate the size of drainage outfall (the overall length of

pipe running out from the tank) a soil porosity test is required.

The following is the general procedure to be adopted but more detailed information is avail-

able at www.sbsa.gov.uk in Section 3, 'Environment' of the Technical Standards legislation.

Excavate a hole 300mm square by 300mm deep below the propsed invert level of the land

drain.

Fill the whole with water to a depth of 300mm and allow to drain away overnight.

Refill the hole to a depth of 300mm and record the time taken in seconds for the water todrain from 75% full to 25% full (i.e. a depth of 150mm)

Dividing this time by 150 will provide you with the average time in seconds (Vp) required for

the water to drop 1mm.

This exercise should be repeated three times using at least two trial holes approximately 5m

apart.

http://www.sbsa.gov.uk/http://www.britishwater.co.uk/http://www.sbsa.gov.uk/http://www.sbsa.gov.uk/http://www.britishwater.co.uk/http://www.britishwater.co.uk/


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A calculation of the average time resulting from these tests will provide you with a relatively

accurate measure of soil porosity that can then be used in the formula- A = p x Vp x 0.25 where

A is the area of the sub-surface drainage trench, p is the number of people served by the tank

and Vp, as mentioned, is the percolation value obtained from the tests mentioned above.

Drainage field disposal should only be used on test values (Vp) between 5 and 100. Where the

Vp value is outwith this range expert advice should be sought.

1.7.2 Surface Water

Every building has to be designed to ensure the safe disposal of surface water run-offwithout

threatening the building itself or the health and safety of the people in and around it.

Gutters and rainwater pipes are used to remove rainwater from roofs. Surface water is thereaf-

ter normally conducted to the main or public sewer. In the absence of a mains drainage system

the options are to discharge to a watercourse, river or stream or local loch. If any of these op-

tions are unavailable then a soakaway pit may be constructed in your garden. Guidance of thedesign of these is contained in British Research Establishment (BRE) Digest 365 Soakaway

Design and can be found at www.brebookshop.com In order not to endanger the stability of

the building or adjacent buildings the soakaway should be kept a minimum distance of 5 metres

back from a building or boundary.

Surface water treatment can also be dealt with by a system known as (SUDS) Sustainable Ur-

ban Drainage Systems where rainwater from the roofs of houses is conducted to a soakaway

system on site that allows the water to filter safely away. Despite the title SUDS systems canbe employed in both urban and rural areas. More detail is available on such systems at

www.sepa.org.uk Essentially a SUDS system will mimic natural systems for draining surface

water and include filter drains, infiltration trenches, purpose built ponds and wetlands. As

well as treating potentially polluted surface water run-off, SUDS can help delay the flow of wa-

ter into a nearby watercourse and hence reduce the impact of any sudden build up of water.

http://www.sepa.org.uk/http://www.sepa.org.uk/http://www.sepa.org.uk/http://www.brebookshop.com/http://www.brebookshop.com/


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1.8 Ground Condition

The condition of the ground below the surface is important in determining the most suitable

and economic foundation design. Digging holes will reveal the presence of boulders, clay, rock,

sand, peat or water all of which will determine how your foundation should be designed.

You have the ground but can it be built on?

A ground condition report can be commissioned from a suitably qualified engineer or firm of

consulting engineers. This normally involves and engineer being present on site to direct, in-

spect and report on the digging of trial holes or trial pits. In unusual circumstances on some

sites, boreholes may be required, even for a single house. His report will identify the suitability

or otherwise of the ground for constructing foundations and his findings should lead directly

to the best foundation design for the house. His report will confirm the presence and level of

any ground water and should contain information on the presence of any noxious or dangerous

materials in the ground that have to be dealt with. This report is vital if the ground has a his-

tory or has previously been built upon. Chemical agents that destroy concrete may be fond in

the ground. Sulphates and acids naturally occuring in soil and groundwater are the agents mostlikely to attack concrete. Sites previously used for other purposes may also contain aggressive

chemicals. The effects of these can be serious leading to expansion and softening of concrete.

As a result your building foundations can be threatened by chemical attack unless proper pre-

cautions are taken.

1.9 Topography

The relative levels on a site are important in determining the best or most economic position

for locating the house. A flatter area may be most suited for construction purposes but may

not have the best views of the surrounding area. The information contained in a 'level' survey

will lead you to decide upon the optimum location of house and the most appropriate gradi-

ents for drains and driveways and the most suitable finished floor levels (FFL) for a house in

order to minimise the cost of underbuilding ( the structure of the building between the foun-

dation and the finished ground floor level).

Ground levels determine how, where and often what you can build.



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Levels are normally asked for by the Local Authority at Full Planning permission stage and are

required at the time of making an application for Technical Standards (Building Warrant) ap-

proval. At this more detailed stage, levels are required to establish the gradient of the drains,cover levels and invert levels for any manholes to be built, the height of the house and the

slope of any external ramp or driveway leading to the property.

In commissioning a topographical or level survey the land surveyor will also establish the posi-

tion of any trees on site that have to be kept. The position of any trees will influence the final

position of the house. If trees need to be removed the ground occupied by their roots needs to

be dealt with properly if it forms part of the area to be occupied by house foundations. Tree

removal should be drawn to the attention of the Local Authority at planning application stage.

1.10 Site Boundary

Identifying and marking accurately the boundary of the site is vitally important as boundary

disputes with neighbours can be avoided at the outset. Boundaries can be established at the

same time as the topographical survey is carried out. Accurate boundaries will also be required

by your solicitor in order to establish and agree the extent of ground to be purchased.

The dividing line between ownership, responsibility and conflict.

Correct boundaries are also needed also whenever applications for Planning and Technical

Standards permissions are to be made to the Local Authority. When a planning application is

assessed the distance back from adjacent buildings and boundaries in an important factor. Pri-

vacy or overlooking of neighbouring properties is a planning consideration. In Technical Stan-

dards assessments there are minimum distances back from buildings and boundaries for private

waste water treatment facilities as well as set back distances for fire and access purposes.



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1.11 Junction Visibility Splays - Line of Sight

Almost all developments require vehicle access onto an adjoining road. The form of road junc-

tion required to provide access will vary depending on the type of development, residential or

commercial, and therefore the type of vehicle using the access. The local roads engineer on

behalf of the Local Authority and as part of the planning application process will provide guid-

ance through the planning process as to what is required.

The 'safe' distance that you can see oncoming traffic unobstructed in either direction from a junc-

tion with a main road.

Where a residential access is proposed the number of vehicles using the road (traffic flow) will

help determine the width of junction required and the need for clear visibility at either side of

the road junction in order that faster moving traffi

c travelling along the road to be joined can



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be seen. This visibility requirement, 'line of sight' or 'sightline' is determined using a series of

distance measurements calculated as follows:

At priority junctions there should be full visibility to the left and to the right between points

1.05 metres above carriageway level over the visibility splay area as illustrated in the accompa-

nying diagram. The 'Y' distance is determined solely by the major road type while the 'X' dis-

tance is dependent upon the traffic volume on the minor road. Relaxations are sometimes

available dependent on traffic flow.

The roads engineer will determine the safe visibility distances for each application and has dis-

cretion to vary distances from accepted 'normal' situations to take account of special circum-stances.



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As a guide however the following may apply as appropriate:

The 'X' distance back from the junction can vary from 2.5metres in small residential areas

within the 30 mph zone to 9.0m at major traffic junctions.

The 'Y' distance is measured from the 'X' point to the edge of the kerb. The 'Y' distance var-

ies again from 35 metres in residential areas to 120m and beyond in major carriageway situa-

tions. On a trunk road the Y distance can be 215m for a 60 mph speed limit

Nothing should obstruct visibility(below the 1.05m vertical distance measured above point 'X')

within the triangle created by the visibilty splay.

Guidance as to what is required should always be sought from the Local Authority roads de-

partment.

When submitting a planning application, this visibility requirement must be shown and in-

cluded within your application site boundary. You must also be able to show that you own,

control or can control the area within the visibility triangle.



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1.12 Site Checklist

Print this checklist out and take it with you onsite. There is an explanation below.

A. Services tick box.

S E R V I C E S O N S I T E W I T H I N1 0 0 M

M O R E T H A N1 0 0 M

Electricity

Mains Water

Gas

Mains Sewage

B.Slope.

T E R R A I N G R A D I E N T

Nominally Flat Average slope less than 1:20

Moderately Steep Average slope less than 1:5

Steep Terrain Average slope greater than 1:5

C.Road Access.

P U B L I C H I G H W A Y N O T E S

At boundary of land ownership

Less than 10m from land

Less than 100m from land

More than 100m from land



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D.Previous building on site?

B U I L D I N G T Y P E N O T E SNone

Ruin

Barn

House/Residential

Commercial/Office

Farm

E.Ground Conditions.

G R O U N D N O T E S

Rock

Sand and Gravel

Clay

Soil and Earth

Bog/Wetland

F.Vegetation.

V E G E T A T I O N D E T A I L S

Farmed Field

Grassland

Young Foliage

Mature Foliage

Immature Trees

Mature Trees



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G.Pollution and Ground Contamination.

P O L L U T I O N D E T A I L SNone

Fly Tipping

Farm Waste

Industrial

Chemical

H.General Features.

F E A T U R E S Y E S / N O

Overhead power lines

Uneven ground

Exposed rock

Japanese knotweed

Archaeological features

Protected wildlife

River or sea on boundary

Surrounding houses

Explanation of Site Checklist.

Services. Are any of the services below present on site or close-by. Where are they? If aboveground what height are they? What depth are they if below ground? Can they be connected

into and at what cost? Your service provider will be able to tell you. Are they a hindrance to

building? Do they have to be moved? What is the cost of removing?

Slope. Slope can be a significant factor in the cost of your project. Steep slopes cost money to

deal with. You may have to step your building up or down the site. Additional manholes may

need to be constructed to deal with differences in level. These costs may be acceptable if they

help give you a good view from your property. Good views can enhance the value of you home.



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To function properly drains need to run at a certain angle. If the slope of the site is down to-

wards the main sewer then additional manholes may be required to ensure that the sewer func-

tions properly. If the drain is uphill of the property then sewage may need to be pumped uphill

until a point where gravity takes over. There can be a high cost to this.Water running downhillfrom your garden to your house has to be dealt with. To prevent dampness penetrating in to

the walls of your property and any undermining of your house foundations, a drainage system,

to conduct water away from the house and house foundations, will need to be installed.

Road Access. With distance comes cost. Distance from boundaries can lead to additional

costs in connecting to services. Too close to a boundary may to you breaching current Building

Legislation ( Technical Standards). These regulations identify key minimum distances back

from boundaries for reasons of fire, sewage disposal and so on. When submitting a planningapplication you need to draw a red line around the boundary of your site, subject of the appli-

cation and a blue line around any adjoining land in your ownership. Remember to include and

sightlines within your application site boundary.

Previous Building on Site. There are some advantages, when it comes to submitting a planning

application, if there are buildings on your site. Planning policy normally encourages re-

development of run down properties which if too dilapidated may allow a proposal to demolish

and re-build. Always look at old maps of your area which may contain clues of past buildingactivity(e.g. French Mill or Fountainwell road) or clues as to the ground condition.

Ground Conditions. As mentioned in D above, always look at old maps of your area which

may contain clues as to the ground condition (Craig Lynn rock and water and Low Moss)

Different ground conditions across your site may give you problems in stabilising the founda-

tions as there may be issues of differential settlement If the site has a uniform strata then it

should be so much easier to build on. The make up of the ground is important as it will de-

termine the foundation design.

Vegetation. Vegetation provides a good clue as to the health of the soil and helps identify

what is below the surface. It offers a sign of likely pollution the implication of which may

make you walk away from the purchase.



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Pollution. Polluted ground can have a serious effect on your house foundations and can have

significant costs related to its treatment. Sulphates contained in the soil can attack concrete

and will have an effect on any vegetation, shrub or tree planting that you intend to plant in

your garden. See sections 1.5 & 1.8 for more information.

General Features. Does your site have any of the following? All of the following will have an

impact on your development costs and you should be aware of there existence from the very

beginning. The existence of some or all of these will result in cost in time and money. You may

have to move your building to a less advantageous spot on your site to avoid costs in dealing

with some of these issues. Be aware of the implications of these issues at the outset of the de-

sign and planning process.



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PRE-APPLIC ATIO N CON SULTATIO NSWhat to do when first discussing your land with the Local Planners

2.1 Meeting with the Local Planning Authority

Having looked at the site and identified as many issues as possible that will affect the cost and

location of your development and satisfied yourself that the proposal is realistic you are now in

position to consider design issues. Ideally, prior to an application being submitted you as ap-

plicant, your architect or agent should discuss matters with the Local Authority Planning offi-cer to determine the issues that will affect the design of your building and the view that the

Council will take in considering your application and reaching their decision. This process is

referred to as pre-application consultation.

When reaching their decision the planning authority takes account of the Local Plan and Plan

Policies for your area. These policy documents can normally be found in your Local Authority

web page. Note is also taken of guidance notes published in the form of Planning Advice

Notes (PANs) www.scotland.gov.uk/publications which provide much detailed information on

a wide variety of issues.

2.2 Further Consultations

Depending on the outcome of these discussions further consultations may be required. Dis-

cussions may be necessary with the local Roads Authority engineer if there are access or sight

line issues (the ability to see a measured distance along either side of a road from a road junc-

tion), the Water Authority if there are water supply or waste water treatment issue, Scottish

Environmental Protection Agency (SEPA) if there are issues of pollution or sewage disposal.

For larger developments, Scottish Natural Heritage (SNH) or Historic Scotland may also need

to be consulted. These issues can drag out, so it is best to initiate these discussions as soon as

possible and to keep on top of the various agencies involved. Spending some time at this stage

will be beneficial in the long run. The local planning department deals with many projects and

has many calls on its time so patience and persistence are both required in equal measures.

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Flood issues are also important to consider. As a first step SEPA has a general range of plans

for areas where there is a risk of flooding. These plans can be viewed atwww.sepa.org.uk and

will provide you with an initial view on whether your building is at risk from local flooding.

2.3 Uneven Implementation

Whereas the pre-application consultation process is recommended in most Local Plans the

implementation of the process in Planning Authorities is patchy. Some authorities welcome

the process as a useful means of saving time and abortive effort dealing with applications that

arrive on their desk that have no chance of being approved. Other authorities are inward look-

ing and see the time spent by individual officers as more important than the public service they

are required to deliver. As a consequence it takes much longer to consult prior to lodging an

application. The quality of response to prior consultation can also vary widely. Surprisingly

the pre-consultation advice on the same project given by individual officers within the same

Local Authority can vary remarkably. It is essential therefore that you write everything down

that is said and where possible confirm everything back to the Local Authority.

2.4 A Few Hints

To be more certain of a meaningful response it is worth writing all of the issues down and all of

the queries before any meeting takes place. Alternately most Local Authorities understand

their duty to respond to written queries but will add a disclaimer to any letter issued to the ef-

fect that the opinions contained therein are the opinions of the officer and not necessarily the

opinions of the Council. Officer opinion can vary on the same project

Obtaining a copy of the Local Plan downloaded from the Local Authority web site can also an-

swer many of your concerns. Unfortunately not all Local Authorities have their Local Plan

available online but you should at the very least be able to have a look at it in the planning of-

fice.

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FORM FILLING AND NOTIFYING

NEIGHBOURSA guide to getting the paperwork right

3.1 Application Form

Whenever an application is lodged it needs to be accompanied by an Application Form, a

cheque to the Local Authority. A further sum may be needed if the application is to be adver-tised. The Local Authority can advise on this advertising aspect and the relative cost which

varies from Council to Council.

All forms can be downloaded from the appropriate Local Authority web site. This link pro-

vides an example www.argyll-bute.gov.uk/content/planning

The forms themselves are generally straightforward and a detailed explanation and guidance on

how to fill in the form is also provided by each Local Authority. It is important to complete

the form as accurately as possible. Here are the top ten reasons why Local Authorities reject

applications declaring them invalid and asking for a re-submission:

1. Article 9 certificate being completed incorrectly on the application form. When completing

the Article 9 certificate where domestic owners are being notified, it is essential that the words

owner and occupier are used and not the individuals names.

2. Having no vacant land advert fee. A vacant land advert fee is required where there is no no-

tifiable building on the land regardless of the fact that the owners details are known.

3. The incorrect calculation of the planning fee. When calculating areas this is always rounded

up.

4. Failure to provide a neighbour notification plan.

5. Site and location plans must have the blue line if the applicant owns surrounding land as this

has neighbour notification implications. Failure to do so will result in an invalid application.

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6. Failure to sign the form. An original signature is always required on the application forms.

7. Site and location plans must have the same red and blue lines. If they do not match up, you

have an invalid application.

8. Not notifying all of the neighbours that should be notified.

9. Not completing the form correctly confirming access, car parking and drainage arrange-

ments.

10. Not ticking the correct boxes to confirm that the neighbouring land is in domestic or non-

domestic use or is vacant land whereby there are no occupiers resident on the neighbouring

land to which a notification form and plan could be sent.

3.2 Notifying the Neighbours

At the moment you are required to notify adjoining neighbours of your application but this

process may change. Adjoining neighbours with a notifiable interest are those whose property

boundaries touch or are close by or on the opposite side of the road. The definitions describ-

ing these parameters are described in the Local Authority 'Notes for Guidance' which accom-

pany the application forms. The diagram below illustrates the situations where you have to

notify neighbours.

3.3 No More Anonymity

The application form itself asks some basic questions of the applicant (you) and your agent if

you are using one. An agent is generally a specialist architect or planner familiar with Local

Authority planning processes. As full disclosure of all details of an application is now required,there is no longer an option to hide behind your agent. It is important to be aware that all

information relating to an application is made available to the public to view online or inspect

at the Local Authority planning office. You will therefore have an opportunity to read and

comment as appropriate on all of your neighbours comments and observations and recom-

mendations from Statutory Consultees such as Scottish Water, Environmental Health and

your local Roads Authority. Whatever you say will also be available for public scrutiny.



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3.4 General Details

Thereafter details of the application, the existing and proposed use of the site and matters

concerning access, drainage, car parking and information on building materials are required.

As part of the application, there is a certificate which confirms ownership of the ground and a

further certificate which lists the addresses of neighbours and date upon which they have been

notified. There is no requirement to name the neighbours as the notification forms and ac-

companying plan of the location of the development need only be sent to the owner or occu-

pier or lessee of the property. If there is land adjacent with no property on it then the Local

Authority will normally require the application to be advertised.

The 'Guidance Notes' provided with the form, or online on the Local Authority web page pro-

vide more detail as to what is required.

3.5 Ask an Expert

It is our hope that you are able to use the information in this guide to help you apply for per -

mission yourself. Your project may be more complicated or there may be more difficult techni-

cal areas where a specialist is required. It is vitally important that you obtain the best advice

that you can and employing a professional should ensure that your project has the greatest

chance of success. We can provide access to professional advice by introducing you to an ap-

propriate professional who for a pre-agreed fee should be able to help you with your project.

Use this link:www.scottishplanningpermission.com.

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APPLYING FOR PLANNING PERMISSIONInformation required for submission for Detailed(Fu$) Planning Permission:

4.1 Standard Letter

A sample standard letter enclosing 4 sets of drawings is set out below. You add the appropriate

details between the brackets and include the address of development

This letter gives a brief description of the project and confirms the enclosure of the applica-tion fee and where appropriate the advertising cost. It requests a formal receipt for money

paid and also requests the issue of the Validation Notice confirming that the Local Authority

has received all the required information.

Sample Letter

The Senior Planning Officer

(Local Authority address)

F.A.O. (fill in the name of the local officer if you know who it is)

Date 08

Dear Sir,

(Site address or site description - for example land to the north of etc )

Enclosed is an application for planning approval for (description of development for exam-

ple, two new dwellings at the address noted above). Enclosed with the application are 4 sets of



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drawings and my cheque for the application processing fee of(. ). As the application site has

vacant ground adjacent a further sum is enclosed of() to cover the advertising cost.

I would be obliged if you would arrange to acknowledge safe receipt of the application, appli-

cation fee and advertising cost. (delete as appropriate)

Should you require further information or clarification of what is intended please let me know.

I look forward to hearing from you.

Yours faithfully

(applicant/agent)

Encl.

4.2 Application Form

Enclose four copies of the completed application form and accompanying application process-

ing fee and advertising cost where applicable. The form must be signed and dated. Mostforms can be downloaded from the Local Authority web page (planning section). The Local

Authority also provide you with detailed guidance notes as part of the application form pack-

age. Carefully fill in each question. Where in doubt refer to the Guidance Notes or phone the

local planning office.

If the application form is incomplete you are likely to be issued with a notice declaring the ap-

plication invalid and asking you for further information. In this instance the Local Authority

retain the cheque that you have sent.



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4.3 Neighbourhood Notification

Accompanying the Local Authority Guidance Notes is a plan showing which of your neigh-

bours needs to be informed (notified in writing) of your application.

One copy of the neighbourhood notification plan (entitled 'Neighbourhood Notification Plan')

is required with all neighbours notified being clearly identified on the plan. This can be done

by a numbered sequence related to the neighbourhood notification schedule included in the

application form. This should clearly identify all those with a notifiable interest. If there is

land on one side of your development that has no property on it to which a notice can be sent

then this is generally described as vacant land in which case you have to pay the Local Author-ity to advertise your application in the Local Press. This advertising fee varies from Authority

to Authority and must accompany the application when it is lodge. The local planning office

will let you know the current advertising cost.

Once your neighbours have been notified there is a period ( generally 14 days) within which

they can make observations or object. You can view their comments on the Local Authority

web page using the application reference number supplied to you when your validation notice

(receipt of application) is issued by the Local Authority. You can if you wish respond in writingto the Local Authority to clarify any issue (or error) raised by your neighbours that you feel

needs further explanation. The 14 day period is in effect a statutory minimum and most Local

Authorities work on an informal policy of accepting any letters of objection or representation

right up until the pre-agenda meeting for which the application is being decided. This gener-

ally allows for a period far longer than the minimum 14 days. Although best to check with the

Local Authority first there may be no need to rush your response to fit in with a deadline that

may not exist.



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4.4 Drawings (four - six sets) required are:

Four sets of drawings are normally required to be lodged with your application. On occasionsCouncils can ask for five or six sets which are then distributed as part of the consultation proc-

ess. A set of drawings should comprise:

1. Location Plan at 1:10,000 scale or 1:2500 with application boundary outlined in red and all

other land owned by the applicant outlined in blue. If an access and/or visibility splays are re-

quired as part of the application these should be included within the application site boundary

outlined in red even although you do not own the land. You should be able to demonstrate

that you can control any adjacent land need for visibility or sightline purposes and that youown, will own, or have a right to use the access into your site.

2. Site Plan normally of a scale of 1:1250 or 1:500. This plan should identify the access and visi-

bility splays, general arrangement of car parking, private sewage treatment installation if appli-

cable and any landscape arrangement.

3. Building Plans at a scale of not less than 1:100 showing existing and proposed floor arrange-

ments and elevations. If more than one building is involved plans and elevations showing the

relationship between buildings (including ground and finished floor levels) are needed too.

4.5 Further Reports

Pre-application discussions with the local planning officer will reveal if any further supporting

information is required. Information such as an Ecology Report or other surveys, additional

3D representations or other images, a Flood study and so on may be requested. If any of these

are required then four copies should be sent along with your application.

Once the application is registered and the Validation notice issued, the application reference

number issued with the notice can be used to track progress of the application on the Coun -

cil's web site. All application information is normally included on the site. Information such

as reports from Statutory Consultees for example, the local Roads Engineer, Scottish Envi-

ronmental Protection Agency (SEPA) Scottish Natural Heritage (SNH) and so on together

with any letter of comment or objection from neighbours will be included.



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4.6 After the Application is Lodged

Once the application is lodged the Local Authority will examine the documentation, cash thecheque for the application fee and if all information has been correctly supplied issue a Valida-

tion Notice. This is the Council's receipt for the application, application fee and if appropriate

advertising costs. It will contain a planning reference number which can be used to track pro-

gress of the application. A Decision Notice should normally be issued within two months of

the application validation date.

It should be noted that all documents received by the Local Authority as part of the applica-

tion process, including comments from neighbours and responses from Statutory Consulteessuch as the Roads Authority or Scottish Water are published on the Council's web site. Where

appropriate therefore an applicant or agent may to write to the Local Authority during the

processing period to respond to any issues that become apparent through reading the com-

ments and observations that are posted on the application web site.

It should also be noted that once the processing fee has been paid to the Local Authority there

is no system for its return to the applicant if there is a change of mind during the course of the

decision making process.

4.7 A Planning Decision

Once the Local Planning officers report is written up this should also be posted on the web

page. The report is normally highly detailed and discusses all of the planning issues as well as

comments from neighbours and Statutory Consultees. The report is written in the form of a

recommendation to the Councils Planning Committee who will make the final decision on the

application. If your application is not contentious and no formal objections have been raised

then the officers report may be signed off by senior colleagues and Council members without

the need to go to Committee for a decision.



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A decision on your application and whether or not to approve or reject it is issued by the Local

Authority in the form of a Decision Notice. Accompanying the notice is a set of Stamped

and Approved drawings. These are copies of your original submission drawings and any

amended drawings submitted by you as part of the planning process. These documents areimportant and must be kept by you in a safe place as they will be needed to be produced in any

future transaction regarding the property.

If the decision is unfavourable you can discuss matters with the Local Planning office and re-

submit You can also appeal . A form for appeal can be obtained from the Inquiry Reporters

Unit, 4 the Courtyard, Callendar Business Park, Falkirk, FK1 1XR. Your rights to appeal and

directions as to how to do this are contained in the Planning Decision Notice.



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WHATS N EXT?A guide to the basic concepts of site appraisal

5.1 Build, Bank or Sell

When planning approval for residential use is granted on land the value of the land is consid-

erably increased. The land can either be held (land banked); sold on with the benefit of Plan-

ning Permission; or developed. Once construction work starts on site the land loses its poten-

tial to be sold on and therefore asset value. A half built house is an unattractive investment.

The asset value returns however once building has been completed.

5.2 Building and Building WarrantWhen Detailed or 'Full' Planning Permission has been granted by the Local Authority and you

wish to proceed to build there are a few next steps that should be taken.

The first is to respond to any planning conditions that are attached to the approval notice.

These generally require additional information to be supplied to and approved by the Author-

ity prior to work beginning on site.

Once all conditions have been met and you wish to build then Technical Standards Approval is

required. This is issued in the form of a Building Warrant which has a three year period of va-

lidity within which time construction work should be completed and approved. If, towards theend of the 3 year period it seems likley that work will not be finished an application can be

made to the Local Authority to extend the time period of the Warrant. An extension of time is

generally granted usually for a period of months and not for a further 3 year period

Detailed Planning Permission is generally granted subject to at least one standard condition.

This requires the development approved to be started within 5 years of the date of the deci-

sion. This time period can be extended with the consent of the Local Authority but the re-

quest to extend the period must be made before the expiry of the original consent.



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5.3 Building Warrant Drawings

Once all conditions have been met, you are satisfied that your finance is in place and you wishto build then Technical Standards Approval is required. This is issued in the form of a Building

Warrant which has a three year period of validity within which time construction work should

be completed and approved. If, towards the end of the 3 year period it seems likely that work

will not be finished an application can be made to the Local Authority to extend the time pe-

riod of the Warrant. An extension of time is generally granted usually for a period of months,

not for a further 3 year period

A Building Warrant submission consists of much more detailed information in the form oflarger scale drawings, specifications and calculations sufficient to demonstrate that your project

meets current Technical Standards. You will need and expert to undertake this work.

A Warrant application should be accompanied by a larger scale 1:50 set of drawings, specifica-

tions, Standard Assessment Procedure (SAP) and 'U' value calculations testifying to the ther-

mal performance or heat loss of element of the building. When the application is made a re-

ceipt will be issued by the Local Authority for the application and application fee. This War-

rant processing fee is based on an estimate of the construction cost. A schedule listing build-ing costs and fees can be viewed on the Council's web site. If and SER certificate is submitted

with the application there is a 10% discount on the application fee.

The local inspector appointed to deal with the project will examine the drawings, calculations

and specifications submitted and write to you or your agent with a list of points that require

further information or clarification. Once his information requests have been fully dealt with

the Warrant can be issued to allow you to proceed with building operations.



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5.4 Technical Standards

As the Warrant application is negotiated with the local building inspector, elements of thebuilding may have to change to meet current Technical Standards. Areas of glass for example,

approved for planning purposes, may have to be altered to satisfy current Technical Standards.

These standards are frequently updated and therefore changes to the design may be required

for something that has taken months to negotiate through a planning process. If major

changes occur then the local planning officer should be consulted to ensure that there are no

significant departures from the planning approval already granted.

If you are appointing a contractor and do not have an agent (architect) to represent you it is

useful if you award the contract for work to be carried out in accordance with the Local

Authority Stamped and Approved drawings. This will at least provide you with a minimum

safeguard to help ensure that your building will be constructed to a standard acceptable to the

Local Authority and your lender. Try to ensure that your builder agrees to a construction pe-

riod as part of his contract and that completion of his work comes after receipt of the Local

Authority Completion Certificate. You should employ an architect to advise and have him

oversee the construct. This will provide you with a safeguard on quality of work. He should

also be able to provide you with his certificate. This may also be a requirement if you need to

borrow money to finance the project.

We hope that we have supplied enough background information to help you negotiate some of

the hurdles in bringing your ideas to fruition.

Neither design nor construction are easy and it is always best to employ experts to assist you in

achieving your aims.

Good buildings come from a combination of a good brief, an adequately resourced client and a

skilled architect.

If you need additional advice or simply wish to talk matters over use the link below. We may

be able to help. www.scottishplanningpermission.com.

Good luck with your project!

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FUTURE CHANGESA guide to impending changes to the Scottish system

6.1 Applications from August 2009For planning applications submitted on or after 3rd August 2009, there are a number of

changes to the current procedures that will be implemented.

The pre-application Consultation Report and a Design & Access Statement must be submitted

with all applications for National and Major schemes.

A Design Statement (excluding access details) will be required for applications for Local devel-

opments in:

A World Heritage site;

A conservation area;

A historic garden or designed landscape;

A National Scenic Area;

The site of a scheduled monument; or

The curtilage of a category A listed building.

Design and Access Statements and Design Statements will not be required for engineering or

mining operations, alterations and extensions to existing buildings, householder development

and applications for minor and/or material changes.

Outline applications will be replaced by applications for Planning Permission in Principle. A

description of the location of any new access points from existing roads must now be submit-

ted as part of the application.

It will now be the responsibility of the Council to undertake neighbour notification to all those

within 20 metres of the development site. Representations can now be made until 21 days after

notification (currently 14 days).

For applications for all National schemes and those Major schemes considered by the Local

Authority to be significantly contrary to the Local Development Plan, a pre-determination

hearing will be held. Those who submitted representations will have the chance to appear be -

fore and be heard by the Planning Committee before the application is determined.



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Once approved, development on site must now be started within three years (currently five).

Applicants will also now need to notify the relevant Planning Authority of their intention to

commence development on site once they are granted planning permission. For Major and Na-

tional developments, the applicant must display site notices whilst the work is carried out.

6.2 AppealsAppeals of decisions made by the Local Authority must now be submitted to the Directorate

for Planning and Environmental Appeals (DPEA) within three months of the decision (cur-

rently six months). If a decision on a delegated planning application is appealed, a Local Re-

view Body of at least three elected members of the Local Authority will review the application

as opposed to the DPEA. The appellant must submit the Notice of Review(containing appealstatement etc) to the Local Authority within three months of the decision. The Local Review

Body will determine the means of appeal (written submissions / hearings / inspection of the

land). Where new evidence is submitted and this constitutes a material consideration, a deci-

sion will not be made until the opportunity to make representations regarding this information

has been offered to the applicant and all other relevant bodies. A professional assessor may

be used by the Local Review Body to provide advice.

6.3 Pre-Application for larger developmentsWith planning applications for all National and Major schemes, the applicant must now pro-

vide the Council with a proposal of application notice before the application is submitted. This

will outline the proposed consultation processes to be undertaken before submission. The ap-

plication can not be submitted within 12 weeks of the Council receiving the proposal of appli-

cation notice and the relevant Community Council(s) must also be notified and consulted at

the pre-application stage.

A Public Consultation Event must then be held and an advert must be published in the localpaper setting out details of the development, stating where further information can be ob-

tained, details of the public event, details on how to make comments and a statement confirm-

ing that comments are pre-application in their nature and that further comments can be sub-

mitted once the application is submitted. The public event must be held at least seven days af-

ter the proposal of application notice.

Documents

How to Apply for Planning in Scotland Apr 09