Planning Permission or Permitted Development Rights?

Take the quiz to find out!

Full
Planning
Permission

Full planning permission, often referred to as “planning consent,” is a formal authorization from the local planning authority to carry out a specific development project. When a project requires full planning permission, it means that the proposed development does not comply with the existing “permitted development rights”.

Key Points

  1. Application Process: To obtain full planning permission, an applicant must submit a detailed planning application to the local planning authority, including comprehensive architectural drawings, impact assessments, and supporting documentation. The planning authority then conducts a thorough review, taking into account local planning policies, public opinions, and environmental considerations.

  2. Scrutiny and Decision: The planning authority assesses the application’s merits, considering factors such as design quality, impact on the surrounding area, and compliance with zoning regulations. The decision-making process can take 8-10 weeks, depending on the complexity of the project.

  3. Design Flexibility: Full planning permission offers greater design flexibility, as it allows architects and developers to propose projects that may not conform to the strict limitations of permitted development rights. This can be advantageous when planning ambitious or innovative architectural designs.

  4. Legal Obligation: Once granted, full planning permission is a legal requirement, and any deviations from the approved plans may result in enforcement actions, fines, or project stoppages.

Permitted Development Rights

Permitted development rights, on the other hand, provide a streamlined process for certain types of development projects that are deemed to have a minimal impact on the local environment. These rights can vary depending on the property’s location and classification so be sure to triple check your property’s case.

Key Points

  1. Limited Scope: Permitted development rights are applicable only to specific types of alterations and extensions to existing buildings, such as loft conversions, small rear extensions, and changes of use. They are generally more lenient for residential properties than for commercial or industrial premises.

  2. No Formal Application: In most cases, permitted development projects do not require a formal planning application to the local planning authority. Instead, architects and property owners can proceed based on “prior approval” or “notification” procedures.

  3. Restrictions and Conditions: Permitted development rights come with many specific restrictions and conditions, such as height limits, volume restrictions, and proximity to neighboring properties. Your extension must be within these constraints to ensure compliance.

  4. Certainty and Speed: Permitted development rights offer certainty and speed in project execution, as they eliminate the uncertainty associated with the lengthy full planning permission process. However, strict adherence to the defined parameters is essential.

Is it an Extension? What type of Extension?

From the Scottish Guidance on Householder Permitted Development Rights

1A
Class 1A

Single Storey Ground Floor Extensions

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Is your property located in a Conservation Area or Article 4 Area?

Class 1B

Anything other than Single Storey/Ground Floor Extensions

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Is your house located within a Conservation Area or an Article 4 Area?

Class 1C

Porches

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Is your property located in a Conservation Area or Article 4 Area?

Take Note

In cases where planning permission is not a requirement, it’s essential to verify whether any other authorizations are necessary. For instance:

  • If you reside in or your property affects a listed building, ‘listed building consent’ may be obligatory.
  • It’s important to remember that these rights do not grant permission to conduct work on or traverse over land that you don’t own or control.
  • There may be limitations imposed by your property’s legal titles.
  • Previous conditions associated with a past planning permission, such as those from your house’s construction, might still be applicable, or permitted development privileges might have been revoked.
  • If your property harbors protected species, such as a bat roost, you might require a license from Scottish Natural Heritage.
  • When working on trees protected by a Tree Preservation Order, consent from the Council is mandatory. Additionally, if you plan to carry out work on trees located within a conservation area, you’ll need to complete a form and notify the Council of your proposed actions.
  • It’s crucial to note that many alterations to a house, including internal wall modifications and conversions, as well as new construction projects, necessitate a ‘building warrant’ to ensure compliance with building standards. Minimum standards also apply to various minor works, including window replacements.

In any case...

Every project is different and whether you need to apply for Planning Permission is entirely dependent on your case. This quick tool was created using information from the Scottish Guidance on Householder Permitted Development Rights. These quiz results do not represent Studio L’ght’s advice and we definitely recommend you to either get in touch with your local planning council to confirm your case, or contact us to learn how we can help.

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