Make a planning application

Planning permission

Planning permission can be granted to lawfully enable a proposed development or change of use to take place. Whilst legislation requires applications are made and determined before development takes place, it enables retrospective applications to be made for work that has already been carried out.

Applications typically need details of:

• the design
• siting
• materials
• access
• parking facilities (where appropriate)

for a proposed development or use, with scaled or accurately dimensioned drawings.

Other information, such as a habitat survey, may also be required.

Under the Hierarchy of Developments (Scotland) Regulations 2009, applications are categorised as:

• local
• major, or
• national

The council has no discretion on how a development is categorised. Most applications the council deals with are in the local category. For example house extensions, small commercial developments and new housing developments of up to 50 houses.

Planning permission does not carry with it any other consents. For example, a building warrant or road construction consent. Planning permission is not a type of licence. If other consents or licences are required, they must be applied for separately to the correct service or agency.

Planning permission in principle (PPP)

This process is to test the principle of a proposed development on a particular site, for example:

• residential
• commercial or industrial
• leisure or tourism

It allows applicants to submit a limited level of information at the initial stage in the development process. This can be useful when:

• there is uncertainty over the suitability of a development due to planning policy
• a large site needs to be masterplanned over a period of many years

If granted, the principle of that development is then established. Five years is then available to submit applications for the approval of Matters Specified in Conditions (MSC) and commence the development.

If the principle of the proposed development is not suitable for the site, the council may refuse the application. The applicant then has a right of appeal.

MSC applications cover the details of a development after PPP has been granted, such as:

• the means of access
• layout
• building designs
• sustainable drainage
• open space
• landscaping

The granting of PPP is for a specific description of development. Applications for MSC must be within scope and limits of the permission in principle.

If the approved development does not begin within five years, the permission will lapse. This is the case unless you submit another application before the expiry date.

Processing Agreements

North Ayrshire Council encourage the use of Processing Agreements for all major and complex planning applications.

They set out what is expected of both the applicant and the council. This helps ensure that key targets and milestones are managed properly during the processing period. This is with a view to reaching a decision by an agreed date within the statutory period whenever possible.

Apply online

To apply for planning permission, visit the ePlanning website. Once you have created an account, you will be able to:

• make your application online
• submit plans and drawings
• pay fees (alternatively you can pay using the council's payment system)
• submit a local review or an appeal

Download the ePlanning user guide.

Help with making an application

It is recommended to use the services of a professional agent to assist you in making a planning application. If you or your agent is unable to submit an application online, or if you need extra guidance or advice, contact us.

Fees

Use the ePlanning fee calculator to estimate costs. We advise that you contact us to determine an accurate fee based on our planning charges.

Planning application fees are set by Scottish Ministers to cover the cost of processing applications. Be aware fees are non-refundable, regardless of whether your application is granted, rejected, or withdrawn.

Methods of payment

Fees are payable, at the time of the application, via:

• the ePlanning portal, at time of online submission
• online using Make a Payment
• bank transfer (contact Business Support team on 01294 324348)

What happens next

1. The application is checked to determine if it meets the validation requirements. These are set out in The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013.
2. Once valid, the application is allocated to a case officer. They will be your point of contact throughout the process.
3. We will send you or your agent an acknowledgement letter, usually by email. This will provide your case officer's details and the date by which we aim to make a decision.
4. The application will be displayed on our Online Planning Information System (OPIS) for public inspection. This will include plans, drawings and other relevant information.
5. Where required, we will arrange for the application to be advertised in a newspaper and site notices displayed. Some advertisements need a fee to be paid by applicants, and in other cases the council will cover the cost. This is determined by the statutory regulations.
6. During the public consultation period, comments can be made online and sent to the case officer. Any comments made will not be displayed online but referred to in the case officer's report.
7. The case officer may need to consult with other council services or government agencies (SEPA, Transport Scotland and more). The scope of consultations is largely determined by Regulations and will depend on the application. Community councils are statutory consultees. They have the right to comment on all applications within their designated area. They can for other areas as they see fit.
8. Local applications, such as house extensions, need to be determined within two months of the validation date. Major and national applications must be determined within four months of the validation date.

Planning application decisions

The case officer will make a recommendation on the application. Planning applications are decided upon by either:

• The Chief Planning Officer under delegated authority
• the Planning Committee of North Ayrshire Council

Most applications are determined by the Chief Planning Officer, excluding those called in by the Planning Committee. This includes applications for:

• listed building consent
• advertisement consent
• certificates of lawful use or development (proposed)
• permitted development notifications/prior approvals
• hazardous substances consent

The Planning Committee determines major applications and local applications which have been called in. It may also determine applications for certificates of lawful use or development (existing). It will consider consultations from the Energy Consents Unit.

Occasionally, an application will be called in by Scottish Ministers for determination.

If the council cannot reach a decision within the statutory timescales, the case officer will ask you for an extension of time. An estimate of the extra time required to process your application should be provided. If you prefer not to agree to extend the timescale, you have the right of appeal against non-determination. This can be discussed with your case officer.

Written representations from members of the public will be taken into consideration during the process. If the committee requires further information, they may undertake a site visit.

Decision notice

We will send you, or your agent, a signed decision notice, advising you of the outcome:

• application approved subject to conditions
• application approved with no conditions
• application refused

Right of appeal

Applicants have the right to request a review or appeal on conditions imposed and refused applications.

Those who submitted comments have no rights of appeal against any decisions.

Appeals must be lodged by the applicant (or their agent) within three months of the date of decision. Local applications are subject to local reviews. Appeals for major or national applications are subject to appeals to Scottish Ministers.

It is important that any appeal is lodged with the correct body. Late appeal or review submissions cannot be accepted.

How long is planning permission valid for?

Planning permissions, whether for new development or for a change of use, must be initiated within three years of the date of the decision date, unless another date is specified by a condition. Otherwise, the planning permission will expire. It is not necessary for a development to be completed within three years, only that it is started.

Planning permission in principle is valid for five years (unless otherwise specified by a condition). This is to enable more time for matters specified in conditions to be submitted and approved. Development must commence within five years.

Many planning permissions are granted unconditionally, but for those which have conditions attached, these need to be complied with as specified. Conditions may require the submission of more information for approval by the council before a development begins, or they may place limits on how a use or development is to be operated. Some conditions will require development to stop by a certain point in time, sometimes followed by a need to restore land to its former condition.

If you have conditions that require approval before a development begins, please ensure you enable enough time for the details to be submitted and approved. Do not leave it until the end of the three year commencement period, otherwise your planning permission could expire before the conditions are approved.

Before development starts or a use begins, it is a legal requirement that the Notification of Initiation form is filled in by the applicant (or developer) and sent to Planning Services. When a new development is complete, the applicant (or developer) must submit the Notification of Completion. Both forms are included in the decision notice.