New Notification Requirements now in Place
Posted: Monday 7 December 2009
The changes brought in by the Planning etc. (Scotland) Act 2006 have almost been fully implemented, with several pieces of secondary legislation entering into force on 3 August 2009. One of which relates to new notification requirements.
Neighbour Notification Regime
The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 have shifted the responsibility of neighbour notification away from the applicant and onto the planning authority, with effect from 3 August 2009. Now, the authority must notify those with an interest in land neighbouring that which is affected by a planning application. Generally, that includes anyone with an interest in land which has a boundary in common with the land affected by the application or is within twenty metres of the boundary of the land for which development is proposed. The boundaries involved are determined on a case-by-case basis.
The Process
Planning authorities are required to carry out neighbour notification of land as soon as possible after the application has been validated.
A single notice must be sent to the owner, lessee or occupier at the address of the neighbouring land. If, however, there is no neighbouring address to which the notice can be sent, the planning authority must place a notice in a local newspaper in the form laid out in the Regulations. In relevant cases, planning authorities will also be required to give notice of applications to the Cairngorms National Park Authority where the proposals fall within the National Park Authority area.
The Regulations stipulate that the notifications must include the following:
- the date;
- the name and address of the applicant and the name and address of any agent;
- the planning authority reference number for the application;
- a description of the development;
- the postal address of the site or in the absence of such an address, a description of the location of the site;
- how the application and its plans and supplementary documentation can be inspected;
- where and by when representations can be made;
- a location plan showing the position of the proposed development in relation to neighbouring land;
- a statement of where more information can be obtained on planning application procedures; and,
- in the case of those requiring a pre-application consultation, a statement that whilst comments may have been made to the developer prior to the application being made, representations in respect of the application may be made to the planning authority in the manner as indicated in the notice.
Following receipt of the notification representations can be made within twenty one days.
The new requirements are, however, more limited than the Working Group had intended and apply only to applications for planning permission, planning permission in principle and applications for approval of matters specified in conditions attached to planning permission in principle.
Despite the legislative changes, some anecdotal evidence exists to suggest that, in attempts to avoid any subsequent judicial review; some developers are drawing up notifications and passing them to the local authority before they are passed to those who must be notified. It should be noted, however, that developers are not obliged to do so.
Further Notification Requirements – Owners and Agricultural tenants
Prior to applying for planning permission, applicants are also required to notify all persons who were owners or agricultural tenants of any land to which the application relates at the beginning of twenty one days before the date on which the application was submitted.
The notice must include: details on whether the land is agricultural, a statement declaring that at the beginning of the prescribed period no person was the owner or agricultural tenant of the land to which the application relates, or if they were, a statement that notice was given to every such person or that the applicant is unable to give notice to every such person. The name of every person and the address at and date on which notice was given must also be stated. If unable to give notice, the applicant must state the steps taken to determine the name and address of those who should have been notified. The notice must take the form laid out in Schedule 1 to the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008.
Notices of Initiation and Completion of Development
Having obtained planning permission on or after 3 August 2009, and having determined a date for starting the development, developers are required to notify the planning authority of that date. The notice of initiation of development should include details of the full name and address of the person intending to carry out the development, the full name and address of the landowner, the full name and address of any appointed site agent and the date of issue and reference number of the planning permission. Failure to do so breaches planning control.
On completion of the development the planning authority must be informed. In terms of phased developments, this notice must be given at the completion of each phase if that is provided in the planning permission.
Notices during Development
For major and national developments developers are now required to display a sign for the duration of the development in the form laid down in Schedule 7 of the Development Management Regulations. That notice must be prominently displayed, readily visible to the public and printed on durable material.
