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Conservation Area Consent Form
Guidance Notes
Application For Conservation Area Consent For Demolition In A Conservation Area.
Planning (Listed Building And Conservation Areas) (Scotland) Act 1997.
The Town And Country Planning (Listed Buildings In Conservation Areas) (Scotland)
Regulations 1987.
Planning Circular 9 2009 Withdrawal and Replacement of the Memorandum of Guidance on listed buildings and conservation areas
Scottish Historic Environment Policy SHEP
Scottish Planning Policy 23 – Planning and the Historic Environment SPP 23
Managing Change in the Historic Environment Guidance Series
The Conservation Area Consent Form allows you to apply for consent to demolish a
building in a conservation area. This form is to be submitted as part of your
proposal, and applies only when your proposal site is in a conservation area and the
building is not listed.
These guidance notes provide clarification and further information to help you
complete each section of the form.
When To Use This Form
1. This form should be used for proposals which involve total or substantial
demolition of any unlisted building/structure in a conservation area.
2. If you are seeking consent to demolish a listed building in a conservation area,
you need to obtain Listed Building Consent rather than Conservation Area
Consent.
3. If the building and/or site is a scheduled monument, you need to obtain
scheduled monument consent from Historic Scotland, acting on behalf of
Scottish Ministers. Further advice should be obtained direct from Historic
Scotland for any works involving a scheduled monument.
4. Listed buildings are exempt from the requirements of Conservation Area
Consent. Section 67(1) of the Planning (Listed Building and Conservation
Areas)(Scotland) Act 1997 also excludes demolition of an ecclesiastical building
in ecclesiastical use, the demolition of a scheduled monument, and the
demolition of any building in certain exempted categories specified in the
direction on the part of Scottish Ministers, from the need for conservation area
consent.
Information Required
5. You need in this form to describe the extent of the proposed demolition
accurately and concisely. You should specify whether or not the proposal
involves complete or substantial demolition of buildings. You should note that
Conservation Area Consent is only required for total or substantial demolition
works to unlisted building and structures in conservation areas. You do not need
consent to demolish a building which has a volume less than 50 cubic metres, or
for part demolition of buildings, or for minor alterations to gates, walls and
fences even within a conservation area. Such works may, however, require
planning permission if the site is an “Article 4” Area (i.e. where the planning
authority has secured additional controls to protect the character of an area).
Check with your planning authority if you are not clear about this.
NB: In general terms as indicated above, the demolition of an unlisted building in a conservation area without Conservation Area Consent, is a criminal offence.
Information on conservation areas
6. Planning authorities have a duty under Section 61 of the Planning (Listed
Buildings and Conservation Areas) (Scotland) Act 1997 to designate
conservation areas as a way of preserving and enhancing the character and
appearance of parts of their areas which have special architectural or historic
interest. Designation gives greater control over the demolition of buildings and
provides the basis for policies designed to preserve or enhance all the aspects of
character or appearance that define an area’s special interest.
7. You can find information about conservation areas in local plans and on your
planning authority’s website. Information may be available on a GIS or map
search facility.
General Guidance for Conservation Areas
8. As a general guide, the provisions of the SHEP and SPP 23 helpful. Some key
points are as follows.
• The planning authority is required by law to ensure that the decisions they
take will ensure that the character of the conservation area will be
preserved and enhanced.
• In deciding whether consent should be granted, planning authorities should
take account of the importance of the building to the character or
appearance of any part of the conservation area, and of proposals for the
future of the cleared site.
• If the building is considered to be of any value, either in itself or as part of a
group, a positive attempt should always be made to achieve its retention,
restoration and sympathetic conversion to some other compatible use before
proposals to demolish are seriously investigated.
• In some cases, demolition may be thought appropriate, for example, if the
building is of little townscape value, if its structural condition rules outs its
retention at reasonable cost, or if its form or location makes its re-use
extremely difficult. Structural surveys and/or financial justifications will
usually be required to support such a case.
• In instances where demolition is to be followed by re-development of the
site, consent to demolish should in general be given only where there are
acceptable proposals for the new building. Hence it is important that you
note in the form if you are submitting an application for planning permission
for new development at the same time.
9. Detailed plans for an acceptable replacement building should be available before
Conservation Area Consent is granted for demolition, particularly where a
building to be demolished is of architectural value, either in itself or as part of a
group, or occupies an important site within the conservation area.
Plans And Particulars Required
10. The application must be accompanied by sufficient particulars to identify the
building to which it relates, including a plan; such other plans and drawings
necessary to describe the proposed works; and such other particulars as may be
required by the authority. It is not possible to make an application for “outline”
consent; you are required to give sufficient details to enable the impact of the
works on the conservation area to be assessed at this stage. You should
therefore consider submitting an application for full planning permission at the
same time as making this application.
11. You will need to submit a location plan. It is recommended that this is at a
scale of 1:1250 or 1:2500 (or larger), showing at least two named roads and
surrounding buildings. The properties shown should be numbered or named to
ensure that the exact location of the application site is clear. The application site
must be edged clearly with a red line. It should include the building and all land
attached. A blue line must be drawn around any other land owned by the
applicant, close to or adjoining the application site.
12. In addition, you must provide adequate information – plans and elevations,
and/or photographs – to clearly show the building that is proposed for
demolition.
13. You should provide supporting information to address the points that will enable the planning authority to give effective and efficient consideration of your application. This should set out your case for demolition on one or more of the following:
• If you believe that the building does not make a positive contribution to the character of the conservation area, you should include a statement outlining the evidence to support this assertion;
• If you believe that the building is incapable of repair, a detailed survey should be provided highlighting the issue(s) which cannot be resolved;
• If you believe that the building is capable of repair but that this is not economically viable to achieve, a detailed survey should be provided together with a priced schedule of works for the repair of the building and evidence of the value of the building once repaired. In addition, it will normally be important to show that the building has been marketed for a reasonable period, normally not less than 6 months;
• If you believe that the replacement scheme offers significant community benefits a statement should be provided which explains the nature of these benefits and how they cannot be realised if the building is retained.
• If your proposal is not to rebuild but to use the cleared area for parking,
access or amenity purposes, the authority has to consider whether these
purposes are reasonable, and whether the existence of an area of ground
without a building will be in character with the current building density in the
conservation area. Information which is submitted in support of the
application should therefore address the question of preservation and
enhancement of the character of the conservation area.
• In the past, unsightly gaps have appeared in conservation areas as a result of
premature demolition, and have resulted in unsatisfactory development,
allowed primarily to fill those gaps. To avoid this happening, planning
authorities are requested to consider the long term future of a particular site
rather than considering the reasons for demolition in isolation. Your
supporting information should address these points.
Further guidance is set out within the SHEP and Historic Scotland’s Managing
Change in the Historic Environment Guidance Series
Certificates Of Ownership And Neighbours
13. In addition you must complete the appropriate Certificates of ownership –
Certificate A, B, C, or D - in relation to the application site. You need not be the
owner of the building or the structure to apply for permission, but if you are not
the owner (or the only owner), the procedures require that you serve a Notice
on the owner. If you do not know who the owner is then an advert will have to
be placed in a newspaper. If you are unsure about the necessary procedures
you should contact the planning authority. These Certificates are all contained
within the on-line form.
14. No fee is required. There are also no neighbour notification procedures to be
carried out. Although you are not required to notify neighbours, you may wish
to advise them informally.
What Do The Planning Authority Take Into Account In Making A Decision?
15. The planning authority must have regard to the desirability of preserving or
enhancing the character or appearance of the conservation area in exercising
their responsibility under the planning legislation, and this statutory duty should
always be borne in mind when considering demolition applications. As set out
in SPP 23 para 42 “The general presumption should be in favour of retaining
buildings that make a positive contribution to the character or appearance of
conservation areas, particularly where it can be demonstrated that the building
is able to support a new viable use, or might be so capable in the future”
16. To assist you, the planning authority may have specific policies or guidance
notes relating to the types of development in conservation areas which may be
acceptable. They may have a Conservation Area Character Appraisal specific to
the particular conservation area. You may find that by making a small
amendment to your proposals you can meet the authority’s planning and design
objectives. You may also wish to discuss your proposal before you send in your
application by seeking pre-application advice from your planning authority. For
details of relevant policies and guidance about arrangements for pre-application
discussions, please look at your planning authority’s website.
Decision On Your Application
17. The decision which is made will be to grant Conservation Area Consent – either
with or without conditions - or to refuse consent. It is normal for a grant of
consent to have conditions attached. Planning authorities usually wish to control
the timing of demolition works, and link these to future redevelopment (if
appropriate) to ensure that the site is not left vacant for a long period. It is also
usual to have conditions requiring some record to be made of the building or
structure before it is demolished.
What Happens If Consent Is Refused?
18. If the planning authority refuses Conservation Area Consent you have a right of
appeal to the Scottish Ministers against their decision.
Electronic Submission Of Application
19. Under the terms of Regulation 8A(4) of The Town and Country Planning (Listed
Buildings in Conservation Areas) (Scotland) Regulations 1987, please note that
by submitting your application for Conservation Area Consent using this form
you are deemed to have agreed to the following:
a. to the use of electronic communication for all purposes relating to the
application; and
b. that the electronic address you have used is the one which will be
incorporated into the application
unless you advise the planning authority in writing that you wish to revoke the
agreement.
FOR OFFICIAL USE ONLY Reference No(s): Registration Date
Planning (Listed Building and Conservation Area) (Scotland) Act 1997 Town And Country Planning (Listed Building and Buildings in Conservation Area)(Scotland) Regulations 1987
1
Please refer to the accompanying Guidance Notes when completing this application
APPLICATION FOR CONSERVATION AREA CONSENT
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
3Address or Location of Proposed Development (please include postcode)
Postcode
NB. If you do not have a full site address please describe/identify the location of the site or sites in your
accompanying documentation.
2
What is t his proposal for? If substantial, please give details of the extent of demolition works: Preferred units: 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 take place in advance of making this application.
4Extent of Demolition Proposed
Substantial demolition Complete demolition
Square Metres Cubic Metres
Size of existing building/structure in total:
Size of part to be demolished:
Yes No
Date:
5 Pre-Application Discussion
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? Please provide a description of the advice you were given and who you received the advice from:
Yes No
Meeting Telephone Call Letter Email
Name:
Reference Number: Date:
6What are your proposals for the site after demolition?
Are there any current applications or existing consents or permissions for this site If yes, please state the number of current applications or existing consents of permissions: For each application, please describe the application and include the planning application reference number(s): Are you submitting an application for Planning Permission or other consent(s) at the same time as this application? If yes, please provide brief details of the proposed development and after use of the site:
Yes No
Yes No
7Planning 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
Yes No
DECLARATION
I, the applicant/agent certify that this is an application for conservation area consent as described in the form. The accompanying plans/drawings and additional information are provided as part of this application.
8
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.