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North Ayrshire Council

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Development Management - What we do

Brief description of the functions of the Development Management Section

Planning (Development Management)

  • Advice and Guidance on Planning Legislation
  • Processing of applications for planning permission and other consents under planning legislation
  • Enforcement of unauthorised development
  • Issuing of Section 23 Certificates in relation to the planning aspects of applications to North Ayrshire Council Licensing Board
  • Supplying of Ordnance Survey map extracts for the purposes of making planning applications

The Development Management Section processes all applications for planning permission, listed building and advertisement consent, hazardous substances consent, developments by Government Departments and prior notifications under planning legislation. It also takes action on unauthorised development including, where appropriate, action under Enforcement Regulations.

The Section operates within the context of a scheme of delegated powers authorised by North Ayrshire Council. Where decisions are required on proposals which do not satisfy the criteria set down in the delegated scheme, the matters are referred to the Planning Committee.

All appropriate application forms for those seeking permission or consent for development are available from Development Management, Corporate Services, Cunninghame House, Irvine.

 

Planning application forms can be downloaded here.

Contact Details

Development Management

North Ayrshire Council

Cunninghame House

Irvine

KA12 8EE

 

Tel: 01294-324319

Fax: 01294-324372

What happens when a planning application is submitted?
The application is checked by our administration team to make sure we have everything we need to process it. For more information about what is needed to make an application valid, please see the notes that accompany the application forms. If anything is missing, we will write to the applicant or the applicant's representative/ agent explaining what else is needed. When everything is in order, the application will be registered as valid. The date that an application is validated is the starting date of the period in which we aim to make a decision on the application. The application will be allocated to a case officer and we will send an acknowledgement letter to the applicant or to the applicant's representative/ agent. This letter states the date by which we aim to have made a decision on the application, and the case officer's contact details. The case officer will be the point of contact throughout the application process.

On what grounds can I object to a planning application?
You can normally object to proposed planning applications under considerations that are considered 'material' to the application. These objections can cover such things as the proposed development limiting the natural light to your property and garden, detracting from the general or residential amenity of the local area (including designs that are out of keeping with the local area) or having an adverse effect on the environment. Please note that this list is not exhaustive.

Is there a time limit within which I have to carry out the work specified on my planning application?
Yes, normally construction should be started within 3 years of the date of planning permission. Any time limits are specific in the consent documents.

How is planning permission enforced?
Development undertaken without planning permission, alterations to listed buildings without consent or the failure to comply with conditions of a planning permission can result in the Council serving an Enforcement Notice or Breach of Condition Notice. The Notice will state the breach of planning, the steps necessary to remedy the breach and the period for compliance. The fact that unauthorised development has taken place does not automatically mean that enforcement action will be taken. The Council has a general discretion to take enforcement action when it is considered to be expedient to do so. An applicant, for instance, may seek retrospective consent for the unauthorised development. However, once issued, failure to comply with a Notice is an offence for which substantial fines can be imposed by the Courts. In some cases a Stop Notice can be served to achieve an immediate cessation of unauthorised activities. It is Government advice that enforcement action is only taken as a last resort where all other means of negotiation have been exhausted. However, there will be cases where negotiation cannot produce an acceptable solution and enforcement action will be the only means open to the Council if a breach continues.

How can I find out whether planning permission has been granted for something which is currently being built?
If you have the address of where the works are being carried out, we can find out whether there are any planning permissions which relate to that address.

How can I comment on a planning application?
Any comments you wish to make should be made in writing as soon as possible. The Neighbour Notification form or public advertisement will give a date by which comments should be received. If you have missed the time limit, it may still be possible to comment on it, as the period for receiving objections is often extended. Your comments will be taken into account in arriving at a decision. You will be informed in advance of the date of the Committee meeting (and furnished with a copy of the Director's report). Please note that when your letter of objection is submitted to the Council it will be in the public domain.

Do planning applications count as consultations?
No. Although a planning application is open for the public to comment on, the application itself is not a council service, so it doesn't count as a consultation.

Do I need other consent as well as planning permission?
The title to the land may contain conditions restricting development. Although feudal reform legislation has abolished superiority and many of these conditions are no longer enforceable you may wish to take advice from your solicitor on any conditions contained in your title which appear relevant to the proposed development.