Application For Planning Permission

Planning Permission in Principle

Further Applications

Approval of Matters Specified in Conditions Form

Guidance Notes

Town and Country Planning (Scotland) Act 1997

The Town and Country Planning (Development Management Procedure) (Scotland) Order 2008.

Introduction

1. Application For Planning Permission; Planning Permission in Principle; Further

Application; Approval of matters specified in conditions (and Applications for

Mineral Working).

2. This application form allows you to apply for most types of planning permission

and is to be submitted as part of your proposal.

3. These guidance notes provide clarification and further information to help you

complete each section of the form.

When To Use This Form

4. This form should be used for making an application for most types of planning

permission – except Householder development as there is a separate form for

this. Please use this form for the following:

Planning Permission

Planning Permission in Principle

Further Application

Approval of Matters Specified in Conditions

Applications for Mineral Workings (where the planning authority does not have a separate form for this).

Note. A Further Application may be, for example, development that has not yet

commenced and where a time limit has been imposed or a renewal of planning

permission or a modification, variation or removal of a planning condition (i.e.

applications for planning permission (full) under S42 of the 1997 Act).

y be, for example, development that has not yet

commenced and where a time limit has been imposed or a renewal of planning

permission or a modification, variation or removal of a planning condition (i.e.

applications for planning permission (full) under S42 of the 1997 Act).

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5. Planning permission is required if you wish to undertake ‘development’. The

definition of development includes the ‘’the carrying out of building, mining,

engineering or other operations, in, on, over or under land or the making of any

material change in the use of any buildings or other land’’ (Section 26 of the

Town and Country Planning (Scotland) Act 1997.

6. Building operations which require planning permission can include:

Rebuilding

Structural alterations of or additions to buildings

Other operations normally undertaken by a person carrying on business as a builder

Demolition of buildings in certain limited circumstances

Excavation

7. Building operations which are not ‘development’ and do not require planning

permission can include building works for the maintenance, improvement or

other alteration of any building affecting only the interior of the building or not

materially affecting the external appearance of the building. Planning

permission is required in some circumstances where there is a proposed change

of use of buildings or other land. The Town and Country Planning (Use

Classes)(Scotland) Order 1997 (as amended) (the “UCO”) groups certain types

of uses together into several classes. Any change from one class to another will

usually require planning permission. Changes not covered by the classes in the

UCO or where a use is specifically excluded from the freedoms in the UCO will

also require planning permission where the change of use is material.

8. These forms can also be used for applying for permission for winning or working

minerals – e.g. open cast mine workings or quarries. This will require an

application for planning permission – it is not appropriate to submit an

application for planning permission in principle for mineral working. However,

this is not an appropriate form to use if the quarry or mine is already

established, is dormant or inactive, and you want to apply to the planning

authority to determine what conditions are to apply to workings on the site. If

this is what you are seeking you should contact the planning authority to discuss

what forms you should submit. In addition, some planning authorities have

special mineral forms.

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9. In certain circumstances, works which are development may not require

planning permission. This includes:

Development which is permitted through secondary legislation – such as “permitted development” by a specific order

Where the intended use is incidental to certain existing uses

Certain uses and development for agriculture or forestry.

10. If you have any queries about whether your proposal requires planning

permission it is recommended that you seek advice from your planning

authority.

11. If your proposal involves changes to existing footways or roads, special

procedures are involved. Extinguishment of a footpath or bridleway can only be

achieved where it can be shown that there is no longer a need for the way. In

deciding this, an authority must take into account how the route is likely to be

used by the public before extinguishment and the effect of the extinguishment

on the land over which the route passes.

Pre-application Discussion and Processing Agreements

12. If you have any queries about whether or not your proposal needs planning

permission you should seek guidance from your planning authority. Your

planning authority also has policies and guidance which may be relevant to your

proposal. You should check the relevant Development Plan and supplementary

planning guidance through the planning authority’s website.

13. It is often helpful to discuss your proposal with the planning authority before

formally submitting your application. Details of arrangements should be on your

planning authority’s website. If you have received advice from the planning

authority you should note the details of this advice in your application form.

14. If your application is for major or national development you may wish to

formalise your pre-application discussions with the planning authority through a

processing agreement. A processing agreement is essentially a framework for

project managing a complex planning application. It provides greater clarity

about the timescales and processes that will take place before the determination

of a planning application and sets out what information is required in support of

your application. Pre-application stage will be the most appropriate point to

conclude the terms of a processing agreement.

Form and Content of Applications (Statutory Requirements)

15. Applications to a planning authority must be made in accordance with relevant

regulations. Please refer to Annex 1 for further details on the form and content

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of applications and statutory minimum requirements which you must meet when

submitting your application.

Applications for Major or National Developments

16. If your application is for Planning Permission or Planning Permission in Principle

(or a Further Application) for a Major or National Development, you will be

required to undertake ‘Pre-application Consultation’ with the community and

submit to the planning authority with your application, a ‘Proposal of Application

Notice’ and a ‘Pre-application Consultation Report’. These will be required over

and above the additional statutory requirements referred to in Annex 1.

17. Applications for planning permission for Major or National development, should

subject to Regulation (13) (3) of The Town and Country Planning (Development

Management Procedure) Regulations 2008 (DMR), also be accompanied by a

‘Design and Access Statement’. If your application is for Planning Permission in

Principle, you will not be required to submit a Design and Access Statement with

your application.

Proposal of Application Notice

18. Where Pre-application Consultation is required, the prospective applicant must

provide to the planning authority a proposal of application notice at least 12

weeks prior to the submission of an application. Please refer to paragraph 2.8 of

Circular 4/2009 for advice on the content of a Proposal of Application Notice.

Pre-application Consultation Reports

19. Pre-application Consultation Reports (PAC report) are to be made in writing

(which may include being in electronic format). The relevant legislation

(Sections 35A, 35B, 35C and 39 and regulations 4 – 7) does not specify the

content of the PAC report beyond that it should set out how it complies with

Regulation 7 of the Town and Country Planning (Development Management

Procedure) (Scotland) Regulations 2008 (DMR). Please refer to paragraphs 2.4

– 2.31 of Circular 4/2009 for further advice on the content of a Pre-application

Consultation Report.

Design and Access Statement

20. Certain applications for planning permission are required to be accompanied by

a statement explaining the design principles and concepts that have been

applied and how issues relating to access for disabled people to the development

have been dealt with. Statements should ensure development proposals are

based on a carefully considered design process and where required, a

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sustainable approach to access. They should explain and justify proposals and

help all those assessing the application (including elected members and

communities) to understand the design rationale behind the proposal. Design

and Access Statements are a tool to assist in achieving inclusive design at the

earliest possible opportunity. Inclusive Design involves the consideration of how

buildings and spaces can be created or changed to enable optimum use, break

down physical barriers and remove exclusion.

21. PAN 78 "Inclusive Design” provides a number of principles to help guide

developers in delivering inclusive design within schemes. These include:

Understanding the fundamentals of inclusive design and being aware of the social and commercial benefits of inclusive design. These will not be limited to the design of the development and will include, for example, the location of the building on the plot, gradient, topography, relationship to adjoining buildings and the local transport infrastructure.

Adopting a policy that requires inclusive design to be part of the brief to the designer or architect.

Appointing an access specialist if your designer lacks the necessary knowledge or experience.

Liaising with the relevant statutory authorities as early as possible and being prepared to amend designs, as required, to address issues raised. This role could also be undertaken by the designer.

Ensuring the application of inclusive design principles throughout the construction phases.

Consideration of how the completed environment will be used and managed. Many barriers can be overcome by identifying operational issues at an early stage in the design.

22. Please refer to the policy statement Designing Places and related advice in the

design series of Planning Advice Notes.

Note. Regulation (13) (3) of The Town and Country Planning (Development

Management Procedure) Regulations 2008 contains exemptions in respect of the

need to provide a Design and Access Statements for major/national

developments.

Applications Local Developments

23. If your application is for Planning Permission and is classed as a Local

Development, you will be required to submit a ‘Design Statement’ in the

circumstances, set out in Circular 4/2009, with your application.

Design Statements

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24. PAN 68 Design Statements makes it clear that design is a material consideration

in determining planning applications. A council may refuse an application, and

defend the refusal at appeal, solely on design grounds. The planning authority

may have guidance on the circumstances in which design statements should be

submitted with planning applications. Such statements should explain the design

principles on which the development proposal is based and how the proposal

meets the requirements of planning policy and guidance.

25. Designing Places is Scotland’s policy statement on achieving safe, successful,

attractive and vibrant places. It contains advice and good practice examples of

how good design can be a positive force and help development to contribute to

successful places. A Design Statement enables the applicant to explain why the

selected design solution is the most suitable in the circumstances - in terms of

the design and layout of the buildings and the quality of spaces created. PAN 68

also provides a useful guide to the design process.

Note. Regulation (13) (3) of The Town and Country Planning (Development

Management Procedure) Regulations 2008 contains exemptions in respect of the

need to provide Design Statements for local developments.

Plans Required

26. You will need to submit a location plan with your application. It is recommended

that this is at a scale of 1:1250 or 1:2500 (or larger), showing a north point and

at least two named roads and surrounding buildings or the situation of the

application site in relation to the locality and ‘neighbouring land’. The properties

shown should be numbered or named to ensure that the exact location of the

application site is clear.

Note: ‘neighbouring land’ is defined as: “an area or plot of land which, or part of

which, is conterminous with or within 20 metres of the boundary of the land for

which the development is proposed.” (Regulation 24 of The Town and Country

Planning (Development Management Procedure) (Scotland) Regulations 2008.

27. The application site should be edged clearly with a red line. It should include all

land necessary to carry out the proposed development – for example, land

required for access to the site from a public road, visibility splays, landscaping,

car parking and open areas around buildings. A blue line should be drawn

around any other land owned by or in the control of the applicant, close to or

adjoining the application site.

28. In addition, you should provide adequate drawings – plans, elevations, cross

sections – to illustrate your proposals clearly. The submission of photographs

and photomontages may be helpful, but these should not be provided as a

substitute for annotated drawings with clear dimensions. Where you are

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providing details of alterations to an existing building, you should show all new

work in colour so that it is clear to the planning authority exactly what your

proposals are. The following will usually be required for proposed building works.

All elevations of new buildings or, if alterations to existing buildings are proposed, elevations where changes are proposed.

Floor plans – showing all floors for new build.

Cross sections – showing existing and proposed ground levels.

Block plan or layout plan – showing the position of the existing and proposed buildings to the site as a whole. If any buildings are to be demolished they should be clearly identified on this plan. It may be useful to note site levels on this plan too.

Roof plans – for new-build showing ridge and slopes and any relationship to existing buildings.

Master Plan/Framework Plan – required for larger developments, often even with outline applications. This should show the proposed framework of future development and the infrastructure to be provided, and may also indicate phasing.

Landscape plan – most commonly this will be a planting plan showing details of species and numbers of trees and shrubs to be planted, and the proposed materials for boundary treatments. Depending on the scale of the development, however, this may include a landscape structure for the site (areas of planting and connections through a site etc).

29. All plans should be to a metric scale and any figured dimensions given in metres

and should include a scale bar.

30. On your plans you will need to describe the materials and colours you wish to

use for external finishes to walls, roofs, lighting, etc. If you know the trade

names for these, please include them. You should try to use materials which

take account of context.

31. Proposals for conversion of buildings or extensive alterations may need to be

accompanied by a structural survey. This will be particularly important where

buildings are in the countryside – for example for steading conversions etc.

32. For finishes to vehicle accesses, hardstandings and parking areas, please

consider using porous surfaces or other materials which will reduce surface

water run-off and comply with Sustainable Drainage guidance.

33. You may provide additional information in a design statement or supporting

statement as well as on your drawings/plans. Planning authorities have powers

under the Development Management Procedure Order (DMR) to ask for

additional information, if necessary.

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Other Information Potentially Required

Environmental Statements

34. The Environmental Impact Assessment (Scotland) Regulations 1999 along with

Circular 8/2007 set out the circumstances when an EIA will be required. You

may also seek a screening opinion from the planning authority to determine this.

If an EIA is required, a further ‘scoping opinion’ may be sought from the

planning authority to establish the ‘scope’ of assessment required for inclusion in

the Environmental Statement (ES). Where EIA is not required, it can often be

useful to provide with your application, a statement setting out the likely

environmental impacts of your proposal and how you seek to mitigate those

impacts.

Transport Assessments And Travel Plans

35. Most new developments and changes of use will have some implications for

traffic and transport. It is important for planning applications to identify the

likely transport impacts of development proposals to ensure that these are

addressed as early as possible in the planning process. Scottish Planning Policy

17 – Planning for Transport (SPP17) encourages you to provide a Transport

Assessment to address questions of traffic generation, car parking needs and

travel plans. For instance, there are now maximum parking standards for

different types of development; a Transport Assessment (TA) will assess your

proposed parking arrangements relative to maximum parking standards. The

underlying aim is that there should be no net detriment to the transport network

arising from your proposals. The Transport Assessment should include details of

a proposed Travel Plan as part of the application, and include proposals for

monitoring the Travel Plan and adjusting it where necessary in the light of

outcomes.

Water And Drainage

36. Even if your application is for Planning Permission in Principle, the planning

authority must be satisfied that your intended drainage arrangements are

satisfactory. You will be required to provide information about any proposed

new arrangements for water supply and drainage and include appropriate

references on your plans/drawings, including existing drainage systems and

problems, infiltration, groundwater, surface water flow, foul and storm water

disposal, SuDS and drainage related flooding issues. The Water Environment

(Controlled Activities) (Scotland) Regulations 2005 (as amended) [known as

CAR], administered by SEPA, regulate discharges to the water environment,

including groundwater. The grant of planning permission does not exclude the

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need for a CAR authorisation. For further information, see the CAR Practical

Guide available from SEPA. See also PAN 61 for further guidance.

Flood Risk Assessment

37. Flood risk is a material planning consideration for a wide range of sites including

those with a history of flooding, in a flood plain, on low lying coastal land,

adjacent to a watercourse, drained by a culvert, with drainage constraints or

otherwise poorly drained. Consideration must be given to development

proposals for which a flood would have especially serious adverse consequences.

Examples include: care homes, sheltered housing and accommodation for other

vulnerable groups including people with restricted mobility, nurseries, schools,

caravan and camping parks, chalet- type holiday accommodation and those

where hazardous materials will be used or stored. Pre-application discussions

will help identify whether flooding is an issue and/or whether a Flood Risk

Assessment (FRA) is necessary. A FRA will assess the probability of flooding for

a particular site or area and recommend mitigation measures including

maintenance. This is likely to be needed if your proposed site is within an area

which has flooded in the past. Scottish Planning Policy 7 explains government

policy in relation to development proposals affecting areas at risk of flooding. If

you are uncertain as to whether your proposal is within an area at risk of

flooding, or may have an impact on flooding elsewhere, you should consult

SEPA’s Indicative River & Coastal Flood Map and the relevant development plan

or contact your planning authority for more information.

Contaminated Land Assessments

38. Planning authorities must consider the type and degree of contamination in

assessing proposals. The need to provide an adequate assessment of

contaminated land is outlined in Planning Advice Note (PAN) 33. Land affected

by contamination includes all cases where the actual or suspected presence of

substances in, on or under the land may cause a risk to people, property,

human activities or the environment. Certain forms of new development are

potentially more vulnerable to ground contamination than others. Sensitive uses

include housing with gardens, schools, nurseries and/or allotments.

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Natural Heritage, Trees, Wildlife And Biodiversity

39. Planning authorities have a certain duty to protect natural heritage, trees and

wildlife habitats. There are special designations such as Sites of Special

Scientific Interest (SSSIs) and Special Protection Areas (SPAs) where proposals

have to be carefully assessed for potential impacts on wildlife habitats. While in

some circumstances it may be necessary to refuse planning permission on

natural heritage grounds, authorities have to consider whether environmental

concerns could be adequately addressed by modifying the development

proposal or attaching appropriate planning conditions. The aim is to minimise

and mitigate the adverse effects and consider the scope for compensating

measures. Features of natural heritage interest should be retained and

enhanced and proposals should seek to avoid the fragmentation or isolation of

habitats. Planning authorities can ask for habitat surveys if they consider that

an application site is of wildlife interest. Impact of proposals on the habitat of

adjoining sites may also be an issue. There is also potential for considering the

scope for setting up an access agreement.

40. Where there is a risk of damage to natural heritage, your planning authority will

have to consider whether planning conditions or legal agreements might

mitigate the impact sufficiently to allow the development to proceed. Any

application likely to have a significant effect on a European site and which is not

directly connected or necessary to the management of that site must undergo

an appropriate assessment.

41. If you think your site may have value as a woodland or wildlife resource, you

should alert the authority to this in your application. Development Plans are

likely to include information on such special designations and so if you are in any

doubt, please consult the most up-to-date Local Plan for your area.

Built Heritage, Conservation Areas And Listed Buildings

42. Planning authorities also have a duty to protect the historic environment. There

are a number of protection measures and designations throughout Scotland –

listed buildings, conservation areas, Designed Landscapes, Scheduled

Monuments and World Heritage Sites. If your proposals affect the historic built

environment you will need to provide sufficient information with your application

to explain the potential impacts and how the historical context has influenced

your designs. You may also need to obtain Listed Building Consent or

Conservation Area Consent. These consent processes are separate but linked to

the planning application process and the forms can be cross referenced.

Scheduled Monuments however have a separate consent process which is not

linked in the same way. More information is available from Historic Scotland.

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43. The most common forms of protection are statutorily listed buildings and

conservation areas. Planning authorities have a statutory duty to preserve and

enhance the character of conservation areas, and they have to consider carefully

whether or not proposals are of a high enough quality in terms of construction

and design to ensure that no damage to such areas will be caused. SPP23 –

Planning and the Historic Environment – encourages prospective developers to

seek early discussion with planning authorities on development proposals

affecting the historic environment. Development Plans are also likely to include

information on such special designations and areas of archaeological

significance. Conservation Area Appraisals (prepared by planning authorities)

can be helpful sources of information.

44. Design statements and other supporting information are usually essential for

applications affecting the built heritage. If you are in any doubt about the

information you need to submit as part of your development proposal, you

should in the first instance, consult the most up-to-date Development Plan

and/or if available, Conservation Area Appraisal for your area. These will

provide information on statutory listed buildings and designated conservation

areas and will advise you on the type of information required to accompany an

application. They will also advice on the type of development proposals which

may and may not be acceptable.

Sustainability Issues

45. Achieving a Low Carbon Future’ sets out the Scottish Executive’s policy on

energy efficiency and micro-generation. SPP6 identifies a key role of the

planning system to move towards low and zero carbon developments through

the use of energy efficiency and the adoption of renewable energy technologies.

Applicants should refer to paragraphs 33 – 37 of SPP6 in particular.

46. To help planners assess the energy efficiency of new proposals, information

should be provided on both design considerations and specific technical aspects

of the proposal which are intended to deliver energy efficiency. Applicants

should also consider which renewable energy technologies might be appropriate

for the development and should demonstrate to the planning authority that all

appropriate technologies have been considered. The Carbon Trust provides

excellent guidance on reducing energy requirements of development and

provides links to wider sources of information.

Noise Assessments

47. The planning authority may be interested in the noise levels generated by a

proposed development once it is in place and operational. They have to consider

if additional noise may impact on adjacent properties, particularly if these are

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houses or flats. If your proposals involve activities and processes which may be

noisy, particularly if they are classed as “Schedule 3” developments, or if the

end products including plant, ventilation or air conditioning may generate noise,

you may be asked to provide a Noise Assessment with your application. Such an

assessment should aim to demonstrate to the authority that you have

considered the question of noise generation carefully and addressed it in your

proposals. Of particular interest will be the details of any mining operations,

industrial processes, business or other activities that you propose, including the

type and location of significant machinery, internal and external to the building.

Certificate of Ownership

48. You do not need to have any legal interest in the land to which the application

relates when you apply for planning permission, nor do you require the consent

of the owner. But, if you do not own the land to which the application relates,

you are legally required to give notice of the making of the planning application

to the owner and to any agricultural tenant of the land. For the purpose of

making a planning application, a person is regarded as the owner if, 21 days

before the date of the planning application, they are the owner, or are the

tenant under a Lease which still has 7 years to run. You must complete the

appropriate Certificate of Ownership for your application to be validated by the

planning authority.

49. Please note that if you are applying for permission for mineral extraction, you

have to complete a different set of certificates, and you must publicise your

proposal in the local press and in a notice displayed on the land.

50. Recorded Delivery is the preferred method of sending out notices since the

receipt provides proof of delivery in the event of a dispute. First class post or

hand delivery is also acceptable.

Notifying the Neighbors

51. Once your application has received and validated by the Planning Authority, the

Planning Authority will notify the neighbors of the site. They will be given a

period of time in which to make a comment on the proposal.

What does the Planning Authority take into account in making a decision?

52. The planning authority must make an assessment of your proposals in relation

to their planning policies and guidelines. It may grant planning permission –

either with or without conditions attached – or if it considers that the proposals

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are unacceptable it may refuse consent but in doing so, must give clear reasons

for this.

53. You should check the planning policies which are relevant to your proposals on

the planning authority’s webpages (or National Park’s webpages for Cairngorm

or Loch Lomond and Trossachs). You may also wish to discuss your proposal

before you submit your application by requesting pre-application discussion with

your planning authority. For details of relevant policies and guidance about

arrangements for pre-application discussions, please look at your planning

authority’s website.

What happens if Consent is refused?

54. If the planning authority refuses permission for your proposals, you will either

have a right to appeal the decision to the Scottish Ministers or request a review

of the decision by the planning authority (local review body). For further

guidance on requesting a review please refer to Circular 7/2009 Schemes of

Delegation and Local Reviews and Notice of Review Form Guidance Notes

available on the Scottish Government website.

Electronic Submission Of Application

55. Under the provisions of The Town and Country Planning (Electronic

Communications) (Scotland) Order 2004, please note that by submitting your

application using this form you are deemed to have agreed to the following:

to the use of electronic communication for all purposes relating to the application; and

that the electronic address you have used is the one which will be incorporated into the application.

56. Should you wish to withdraw or revoke your consent you will have to advise the

planning authority in writing that you wish to do so, giving at least 7 days’

Notice of the date when your withdrawal of consent will take effect.

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Annex 1. Form and Content of Applications (Statutory Requirements)

Regulations: 9 (1), (2) and (3); 10 (1), (2) and (3); 11 (1) and (2); 12 (1) and (2); 13 (1), (2), (3), (4), and (5) and Regulation 15 (1), (2), (3), (4), (5) and (6) of The Town and Country (Development Management Procedure) (Scotland) Regulations 2008

a) Applications for planning permission, planning permission in principle, an application for approval of matters specified in conditions or an application for mineral development, should be accompanied by a written description of the development to which it relates.

b) Further applications, should be accompanied by sufficient information to enable the planning authority to identify the previous grant of planning permission.

c) Further applications, where there is a variation of conditions attached to a previous consent, should be accompanied by a statement to that effect.

d) Applications for approval of matters specified in conditions, should be accompanied by sufficient information to identify the planning permission to which it relates

e) Applications for planning permission or planning permission in principle, should be accompanied by the postal address of the land to which the development relates, or if the land in question has no postal address, a description of the location of the land.

f) Applications for planning permission, planning permission in principle, further applications, applications for approval of matters specified in conditions and applications for mineral development, should be accompanied by the name and address of the applicant and, where an agent is acting on behalf of the applicant, the name and address of that agent.

g) Applications for planning permission, planning permission in principle and applications for mineral development, should be accompanied by a location plan sufficient to identify the land to which it relates showing the situation of the land in relation to the locality and in particular in relation to neighbouring land. This should have a north point and be drawn to an identified scale.

h) Applications for planning permission and applications for approval of matters specified in conditions, where such an application relates to the alteration or construction of buildings, other structures or roads or to landscaping and applications for mineral development, should be accompanied by such other plans and drawings as are necessary to describe the development to which the proposal relates.

i) Applications for planning permission, planning permission in principle, further applications and applications for mineral development, should be accompanied by a certificate of ownership.

j) Applications for planning permission, planning permission in principle and further applications where the application is for development belonging to the categories of national or major developments, should be accompanied by a pre-application consultation report.

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k) Applications for planning permission where the application relates to development belonging to the categories of national or major developments, should be accompanied by a design and access statement unless the proposal benefits from exemption under Regulation 13 of The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008.

l) Applications for planning permission where the application relates to development belonging to the category of local developments (subject to regulation 13. (2) and (3) of the Development Management Procedure (Scotland) Regulations 2008) should be accompanied by a design statement

m) Applications for planning permission in principle where access to the site is to be taken directly from a road, should be accompanied by a description of the location of the access points to the proposed development.

n) Applications relating to the installation of an antenna to be employed in an electronic communication network, should be accompanied by an ICNIRP declaration;

o) Applications for planning permission, planning permission in principle, further applications, applications for approval of matters specified in conditions and applications for mineral development, should be accompanied by the correct fee payable under the Fees Regulations.

p) Applications for planning permission, planning permission in principle, applications for approval of matters specified in conditions and applications for mineral development, should be accompanied by any other plans as necessary.

FOR OFFICIAL USE ONLY Reference No(s): Registration Date

Town and Country Planning (Scotland) Act 1997 The Town and Country Planning (Development Management Procedure)(Scotland) Regulations 2008

1

Please refer to the accompanying Guidance Notes when completing this application

APPLICATION FOR PLANNING PERMISSION

Applicant's Details

Forename Surname

Company Name Building No./Name

Address

Telephone (inc. STD Code)

Postcode

Mobile

Fax Email

Title

Agent's Details

Company Name Agent Ref No.

Forename Surname

Building Number Building Name

Address

Postcode

Telephone Extension Mobile

Fax Email

3Postal Address or Location of the Proposed Development (please include postcode)

Postcode

NB. If you do not have the full postal addres, you must provide a description of the land for which the

development is proposed.

2

What is t his application for? Please select one of the following: NB. A 'further application' may be, e.g. development that has not yet commenced and where a time limit has been imposed; a renewal of planning permission or a modification, variation or removal of a planning condition. * Please provide the reference number of the previous application and date when permission was granted: ** Please note that if you are applying for planning permission for mineral works, please check with the planning authority whether they have an alternative form to be submitted or if they require additional information.

4Type of Application

Planning Permission Application for Approval of Matters Specified in Conditions*

Planning Permission in Principle Application for Mineral Works**

Further Application*

Reference No: Date:

5Description of the Proposal

Please describe the proposal including any change of use: Is this a temporary permission? If yes, please state how long permission is required for and why:

Yes No

Have the works already been started or completed? If yes, please state date of completion, or if not completed, the start date: If yes, please explain why work has already taken place in advance of making this application.

Yes No

Date:

Have you received advice from the planning authority in relation to this proposal? If yes, please provide details about the advice below: In what format was the advice given? Have you agreed or are you discussing a Processing Agreement with the planning authority? Please provide a description of the advice you were given and who you received the advice from:

Pre-Application Discussion

Yes No

Meeting Telephone call Letter Email

Name:

Reference Number: Date:

6

Yes No

7Site Area

Please state the site area in either hectares or square metres:

Hectares (ha) Square Metres (sq. m.)

9Access and Parking

Are you proposing a new altered vehicle access to or from a public road? If yes, please show in your drawings the position of any existing, altered or new access and explain the changes you propose to make. You should also show existing footpaths and note if there will be any impact on these. Are you proposing any changes to public paths, public rights of way or affecting any public rights of access? If yes, please show on your drawings the position of any affected areas and explain the changes you propose to make, including arrangements for continuing or alternative public access. Please show on your drawings the position of existing and proposed parking spaces and identify if these are for the use of particular types of vehicles (e.g. parking for disabled people, coaches, HGV vehicles, etc.)

Yes No

Yes No

How many vehicle parking spaces (garaging and open parking) currently exist on the application site?

How many vehicle parking spaces (garaging and open parking) do you propose on the site? (i.e. the total of existing and any new spaces or a reduced number of spaces)

8 Existing Use

Please describe the current or most recent use:

10Water Supply and Drainage Arrangements

Will your proposals require new or altered water supply or drainage arrangements? Are you proposing to connect to the public drainage network (e.g. to an existing sewer?) What private arrangements are you proposing for the new/altered septic tank? Please show more details on your plans and supporting information

Yes No

Yes, connecting to public drainage network

No, proposing to make private drainage arrangements

Not Applicable - only arrangement for water supply required

Discharge to land via soakaway

Discharge to watercourse(s) (including partial soakaway)

Discharge to coastal waters

What private arrangements are you proposing? Please show more details on your plans and supporting information. Do your proposals make provision for sustainable drainage of surface water? (e.g. SUDS arrangements) Note:- Please include details of SUDS arrangements on your plans Are you proposing to connect to the public water supply network? If no, using a private water supply, please show on plans the supply and all works needed to provide it (on or off site).

Treatment/Additional treatment (relates to package sewer treatment plants, or passive sewage treatment such as a reed bed)

Other private drainage arrangement (such as chemical toilets or composting toilets)

Yes No

Yes No, using a private water supply

11Assessment of Flood Risk

Is the site within an area of known risk of flooding? If the site is within an area of known risk of flooding you may need to submit a Flood Risk Assessment before your application can be determined. You may wish to contact your planning authority or SEPA for advice on what information may be required. Do you think your proposal may increase the flood risk elsewhere? If yes, briefly describe how the risk of flooding might be increased elsewhere.

Yes No Don't know

Yes No Don't Know

12 Trees

Are there any trees on or adjacent to the application site? If yes, please mark on your drawings any trees, known protected trees and their canopy spread close to the proposal and indicate if any are to be cut back or felled.

Yes No

13Waste Storage and Collection

Do the plans incorporate areas to store and aid the collection of waste? (including recycling) If yes, please provide details and illustrate on plans. If no, please provide details as to why no provision for refuse/recycling storage is being made:

Yes No

14Residential Units Including Conversion

Does your proposal include new or additional houses and/or flats? Please provide full details of the number and types of units on the plans. Additional information may be provided in a supporting statement.

Yes No

If yes, how many units do you propose in total?

For all types of non housing development - new floorspace proposed 15

Does your proposal alter or create non-residential floorspace? If yes, please provide non residential details below: Please give details of internal floorspace:

Yes No

Use type:

Gross (proposed) floorspace (sq. m.):

Number of new (additional) rooms:

Size of existing building/structure in total:

Net trading space:

Non-trading space:

Total:

16Schedule 3 Development

Does the proposal involve a class of development listed in Schedule 3 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008? If yes, your proposal will additionally have to be advertised in a newspaper circulating in your area. Your planning authority will do this on your behalf but will charge you a fee. Please contact your planning authority for advice on planning fees.

Yes No Don't know

17Planning Service Employee/Elected Member Interest

Are you or is the applicant, or the applicant's spouse/partner, a member of staff within the planning service or an elected member of the planning authority? Or, are you/the applicant/the applicant's spouse or partner a close relative of a member of staff in the planning service or elected member of the planning authority? If you have answered yes please provide details:

Yes No

18DECLARATION

I, the applicant/agent certify that this is an application for planning permission. The accompanying plans/drawings and additional information are provided as part of this application.

Signature:

Name:

Date:

LAND OWNERSHIP CERTIFICATES CERTIFICATES AND NOTICES UNDER ARTICLE 8 - TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) (SCOTLAND) ORDER 1992 ("GDPO 1992") The procedures for making a planning application apply equally to owners, tenants and lessees of houses, flats and maisonettes. You may apply for permission if you are not the owner of a house, but you are required to serve a notice on the owner. You must ensure that where you need to serve a notice on an owner that this is carried out in accordance with the legal requirements.

YOU MUST FILL IN AN APPROPRIATE CERTIFICATE OF LAND OWNERSHIP. IF YOU DO NOT OWN ALL OF THE LAND OR PROPERTY TO WHICH THIS APPLICATION RELATES, YOU MUST NOTIFY ALL THE OWNERS. YOU MUST ALSO NOTIFY AGRICULTURAL TENANTS, IF APPLICABLE, AT THE SAME TIME AS SUBMITTING THIS FORM. IF YOU ARE UNABLE TO CONTACT RELEVANT PARTIES THEN PLEASE DISCUSS WITH YOUR PLANNING AUTHORITY. You do not need to have any legal interest in the land to which the application relates when you apply for planning permission, nor do you require the consent of the owner. But, if you do not own the land to which the application relates, you are legally required to give notice of the making of the planning application to the owner and to any agricultural tenant of the land.

For the purpose of making a planning application, a person is regarded as the owner if, 21 days before the date of the planning application, they are the owner, or are the tenant under a Lease which still has 7 years to run. You must complete the appropriate Certificate of Ownership for your application to be validated by the planning authority.

Please note that if you are applying for permission for mineral extraction, you have to complete a different set of certificates, and you must publicise your proposal in the local press and in a notice displayed on the land.

Recorded Delivery is the preferred method of sending out notices since the receipt provides proof of delivery in the event of a dispute. First class post or hand delivery is also acceptable.

LAND OWNERSHIP CERTIFICATES Article 8(8)

Town & Country Planning (General Development Procedure) (Scotland) Order 1992

Form 1 [Note 1] I hereby certify that – (1) No person other than *myself/the applicant was an owner [Note 2] of any part of the land to which the application relates at the beginning of the period of 21 days ending with the

date of the accompanying application. (2) None of the land to which the application relates constitutes or forms part of an agricultural holding. Signed _____________________________ * On behalf of _____________________________ Date _____________________________ * delete where inappropriate Note 1 – Form 1 is for use where the applicant is the only owner and the land is not an agricultural holding. Note 2 – Any person who, in respect of any part of the land, is the owner or is the lessee under a lease thereof of which not less than 7 years remain unexpired.

Form 2 [Note 3] I hereby certify that – (1) No person other than *myself/the applicant was an owner [Note 4] of any part of the land to which the application relates at the beginning of the period of 21 days ending with the

date of the accompanying application; or – (1) *I have/The Applicant has served notice on every person other than *myself/the applicant who, at the beginning of the period of 21 days ending with the date of the accompanying

application was owner [Note 4] of any part of the land to which the application relates. These persons are: NAME ADDRESS DATE OF SERVICE OF NOTICE

(2) None of the land to which the application relates constitutes or forms part of an agricultural holding; or – (2) The land or part of the land to which the application relates constitutes or forms part of an agricultural holding and *I have/the applicant has served notice on every person other than

*myself/himself who, at the beginning of the period of 21 days ending with the date of the accompanying application was an agricultural tenant. These persons are: NAME OF TENANT {Note 5] ADDRESS DATE OF SERVICE OF NOTICE

Signed _____________________________ * On behalf of _____________________________ Date _____________________________ * delete where inappropriate Note 3 – Form 2 is for use where Form 1 does not apply but where it has been possible to notify all the owners and agricultural tenants. Note 4 – Any person who, in respect of any part of the land, is the owner or is the lessee under a lease thereof of which not less than 7 years remain unexpired. Note 5 – If you are the sole agricultural tenant enter "None".

HERE BELOW IS THE FORM YOU NEED TO COMPLETE AND SERVE ON THE OWNERS AND AGRICULTURAL TENANTS

NOTICE 1 – FOR SERVICE ON INDIVIDUALS To

Name (if known): ______________________

Address: ____________________________

____________________________________

____________________________________

NOTICE TO OWNERS AND TENANTS OF AGRICULTURAL HOLDINGS

Town and Country Planning (General Development Procedure) (Scotland) Order 1992 Notice under article 8(2)(a) and (3)(a) if application for planning permission for service on owners and tenants of agricultural holdings

Proposed development at [Note 1] ____________________________________________

____________________________________________ TAKE NOTICE 1. that application is being made to

[Note 2] ________________________________________ by [Note 3] ________________________________________ for planning permission to [Note 4] _______________________________________________________________

_______________________________________________________________ ; 2. if you wish to make representations about the application you should make them in writing not later than

[Note 5] _______________________________________________________________

to the council at [Note 6] _______________________________________________________________

(The grant of planning permission does not affect owner's rights to retain or dispose of their property unless there is some provision to the contrary in an agreement or lease. The grant of planning permission for non-agricultural development may affect agricultural tenant's security of tenure.) Signed _____________________________

* On behalf of _____________________________

Date _____________________________ * delete where inappropriate [Note 1] Insert address or location of proposed development. [Note 2] Insert name of Council. [Note 3] Insert name of applicant. [Note 4] Insert description of proposed development. [Note 5] Insert date not less than 21 days later than the date on which the notice is served. [Note 6] Insert address of Council.

Town & Country Planning (General Development Procedure) (Scotland) Order 1992

Form 3 [Note 1] I hereby certify that – (1) *I am/The applicant is unable to issue a certificate in accordance with sub-paragraphs (b)(i) or (ii) of article 8(8) in respect of the accompanying application; (2) No person other than *myself/the applicant was an owner [Note 2] of any part of the land to which the application relates at the beginning of the period of 21 days ending with the date of

the accompanying application. or – (2) *I have/the applicant has been unable to serve notice on any person other than *myself/the applicant who, at the beginning of the period of 21 days ending with the date of the

accompanying application, was owner [Note 2] of any part of the land to which the application relates. or - (2) *I have/The applicant has served notice on each of the following persons other than *myself/the applicant who, at the beginning of the period of 21 days ending with the date of the

accompanying application, was owner [Note 2] of any part of the land to which the *application/appeal was owner [Note 2] of any part of the land to which the application relates. These persons are:

Name Address Date of service of notice (3) None of the land to which the application relates constitutes or forms part of an agricultural holding; or – (3) The land or part of the land to which the application relates constitutes or forms part of an agricultural holding but *I have/the applicant has been unable to serve notice on any person other

than *myself/the applicant who, at the beginning of the period of 21 days ending with the date of the accompanying application was an agricultural tenant; or - (3) The land or part of the land to which the application relates constitutes or forms part of an agricultural holding *I have/the applicant has served notice on each of the following persons other

than *myself/himself who, at the beginning of the period of 21 days ending with the date of the application was an agricultural tenant. These persons are: Name of tenant [Note 3] Address Date of service of notice

(4) I have/The applicant has taken reasonable steps, as listed below, to ascertain the names and addresses of the other owners or agricultural tenants and *have/has been unable to do so – [Note 4] _______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ (5) Notice of the application has been published in the [Note 5] ______________________________ on [Note 6] _________________________ Signed _____________________________ * On behalf of _____________________________ Date _____________________________

*Delete where inappropriate Note 1 – Form 3 is for use where it has not been possible to notify all the owners and agricultural tenants. Note 2 – Any person who, in respect of any part of the land, is the proprietor of the dominium utile or is the lessee under a lease thereof which not less than 7 years remain unexpired. Note 3 – If you are the sole agricultural tenant enter “None”. Note 4 – Insert description of steps taken. Note 5 – Insert name of local newspaper circulating in the locality in which the land is situated. Note 6 – Insert the date of publication, which must be earlier than the beginning of the period of 21 days ending with the date of the application or appeal.

NOTICE 2

Town and Country Planning (General Development Procedure) (Scotland) Amendment (No.2) Order 1992

Notice under article 8(2)(b), (3)(b) and (3)(c) of application for planning permission for publication in local newspaper or for public notice

Proposed development at [Note 1] __________________________________________________________________________ NOTICE is hereby given that – 1. application is being made to – [Note 2] _________________________________________________________________________________________________________Council by [Note 3] _____________________________________________________________________________________________for planning permission to [Note 4] __________________________________________________________________________________________________________________ 2. any owner [Note 5] of the land to which the application relates, who wishes to make representations to the above-mentioned council about he application should make them in writing not

later than [Note 6] to the council at [Note 7] ____________________________________________ * On behalf of _____________________________ Date _____________________________

*Delete where inappropriate

Note 1 – Insert address or location of proposed development. Note 2 – Insert name of council. Note 3 – Insert name of applicant. Note 4 – Insert description of proposed development. Note 5 – Any person who, in respect of any part of the land, is the proprietor of the dominium utile or is the lessee under a lease of which not less than 7 years remain unexpired. Note 6 – Insert date not less than 21 days later than the date on which the notice is published. Note 7 – Insert address of the council.

HERE BELOW IS THE FORM YOU NEED TO COMPLETE IF THIS IS A MINERALS APPLICATION

FORM 4

TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) (SCOTLAND) ORDER 1992

I hereby certify that:- (1) No person other than *myself/the applicant was an owner (a) of any part of the land to which the application relates at the beginning of the period of 21 days ending with the date of the accompanying appeal; OR:- (1) *I have/the applicant has served notice on each of the following persons other than *myself/the appellant who, at the beginning of the period of 21 days ending with the date of the accompanying application, was owner (a) of any part of the land to which the application relates. These persons are: Name(b) Address Date of service of notice (2) None of the land to which the application relates constitutes or forms part of an agricultural holding; OR:- (2) The land or part of the land to which the application relates constitutes or forms part of an agricultural holding and *I have/the applicant has served notice on each of the following persons other than *myself/the applicant who, at the beginning of the period of 21 days ending with the date of the application, was an agricultural tenant. These persons are: Name of tenant(c) Address Date of service of notice (3) Notice of the application as set out below has been published- in the (d).................................. in the (e).......................................................... (4) Notice of the application has been displayed by public notice at ………………………………………………………………………………………………………… …………………………………………………………………………………………………………… from.................................................................to....................................................................... (5) *I have/the applicant has cause to rely on article 8(7). The circumstances are …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… Signed.............................................................................................. *On behalf of.................................................................... Date...............................................

*Delete where inappropriate Notes (a) Any person who, in respect of any part of the land, is the owner or the lessee under a lease of which not less than 7 years remain unexpired, or is entitled to an

interest in any minerals other than oil, gas, coal, gold or silver. (b) If no owner has been notified enter “None”. (c) If the appellant is the sole agricultural tenant or if no agricultural tenant has been notified enter “None”. (d) Insert name of local newspaper circulating in the locality in which the land is situated. (e) Insert the date of publication, which must not be earlier than the beginning of the period of 21 days ending with the date of the appeal.