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Question Answer
Am I likely to get Planning Permission? You can submit a Pre-application Inquiry Form from our web-site or arrange an appointment with a Planning Officer. (01546 605518)
Can I get help filling in my Application form?

The application form comes with guidance notes to help you with filling it in. You can also make an appointment with a planning officer who will be able to help you. To make an appointment call the Planning line 01546 605518 or call into your local customer service point

If you are planning on using an architect for your proposed works, you can ask him/her to fill in the application form on your behalf.
Can I start work before permission is granted? No works should start on a development project without all the necessary consents (including planning permission) being in place. To do so without planning permission may result in enforcement action being taken against you. You should also ensure that any necessary building warrants, SEPA discharge consents, approvals or Hydro board notifications are in place before any work starts on your site.
Can I submit a planning application online? Yes, Argyll and Bute Council actively encourage online submission of Planning applications via the Scottish Government ePlanning Portal.
Do I need planning permission to alter or replace windows in my property? Alterations to windows in listed buildings may require planning permission and listed building consent.  Window alterations in unlisted buildings, in conservation areas, may also require planning permission, but in most other cases planning permission will not be required.
Do I need planning permission to put in a driveway or car run-in? Planning Permission s required to form car run-ins (hard standings) within the property surrounding flatted properties, non- residential premises, dwelling houses within a conservation area and of listed buildings (dwelling house). Planning permission is also required where access is being taken from a trunk or classified road for the lowering of a kerb.
Do I need the Council's permission before I cut down or prune trees?

In many cases, the Council's permission is not required. However, you should check if the tree is protected by a tree preservation order (TPO).  If it is protected by a Tree Preservation Order or a condition of a planning consent, a formal application to cut it down or prune it will be required. Similarly, if the tree is within a Conservation Area, then you must give the council six weeks written notice of your intention to carry out tree works.

 

The application can be made online or the application form can be downloaded from the Council’s website.

 

In addition, in certain circumstances, you may require a Felling Licence from the Forestry Commission.
Do I require planning permission for a change of use of a shop to a flat or other use? Changes of use of shops to flats/houses; hot food takeaways; restaurants and cafes; and office type uses such as a bank or building society all require planning permission.
Even if I did not get a neighbour notification, can I still object to a planning application? Yes, anybody can object to a planning application, as long as it is based on material planning considerations. Objections can be made through our online Planning system by retrieving the relevant case and then following the on screen instructions.
How are planning applications processed? Once the application has been checked and accepted as 'complete' you will be sent out an acknowledgement, otherwise you will be contacted and informed of why the application is incomplete. Once accepted, the application will be entered into a planning register which is available for public inspection. Where required the Council will arrange for applications to be advertised and site notices displayed. Anyone can comment on your application at that point. The planning officials may undertake a variety of consultations with a number of organisations, for instance, the Council's own Roads Department or the local Community Council. Once the replies to all the consultations have been received and the officer has visited the site, he/she may wish to discuss the application with you, alert you to certain problems, seek additional information or make suggestions on how the application may be improved. When all the processes are complete a decision will be made on the application at the appropriate Area Planning Committee.
How can I comment on a planning application?

Any member of the public, is free to comment (on planning grounds only) to the Council on a Planning application. Comments should be made in writing to the relevant Local Area Planning and Building Standards Office or the Major Applications Team if applicable. Comments can also be made through our online Planning system by retrieving the relevant case and then following the on screen instructions.

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.  If they are relevant planning considerations, your comments will be taken into account in arriving at a decision. You will be informed in advance of the date of any 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.
How can I find out about conservation areas?

Conservation areas are defined and described in the local plan.
How can I find out about planning application decisions? Formal decision letters are sent out to the applicant or their representative/ agent and all objectors are notified as soon as possible.  You can check with us to find out whether a decision about a particular application has been made, but you will need the correct address and preferably the correct application reference number. The case officer will be able to provide detailed information about the status of a particular application. All decisions are also recorded on our online Planning system .
How can I find out if a property is listed? Listed buildings are compiled and maintained by Historic Scotland.  You can search for details of listed buildings on their website or contact them direct.
How can I get copies of the plans of my house? Plans can be viewed and printed from the Council’s online planning  system. Alternatively, requests for hard copies of documents or plans relating to a Planning Application can be requested by calling the planning line 01546 605518 or calling into your local Customer Service point
How can I look at the planning history file for an existing building?

The Council’s online planning  system holds records of  all valid planning applications made. All documents relating to an application, including the plans can be viewed on the online system.
How can I look at the plans for a current planning application?

The Council’s online planning  system holds records of all planning and applications. All documents relating to an application, including the plans can be viewed on the online system.

Hard copies of plans can also be viewed at Area planning offices and at various other locations throughout Argyll and Bute. To find out where you can view a hard copy of plans call the Planning line 01546 605518 or call into your local customer service point

How does the Freedom of Information Act relate to Planning applications or representations on planning applications? With a few exceptions (commercially confidential information or information on protected species) all information made in connection with a planning application is available to any person that requests it for a small photocopying charge. This includes letters of representation (comments) made on an application. In accordance with Data Protection guidance, all personal information (email address, signature and telephone numbers) are blocked out of current documents before they are published on the website
How long does the decision-making process on planning applications take?

The statutory time period for determining applications is 2 months in most cases. For Major Applications it is a longer period of 4 months.

Applications for listed building consent Require to be referred to Historic Scotland  adding an additional 28 days to the period.
How much does it cost to apply for planning permission? Fees for the submission of planning applications are set nationally. To find out how much it will cost for your application, please see the Planning Fees Guidance Notes. Cheques for fees should be made payable to Argyll and Bute Council and payments can also be made at any Customer Service point.
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.

Objections can be made through our online Planning system by retrieving the relevant case and then following the on screen instructions.

 
Under what circumstances would I need to apply for planning permission?

This depends on what you want to do.  

The definition of “Development” is contained within the Town and Country Planning (Scotland) Act 1997 and is extremely wide-ranging. It includes "the carrying out of building, engineering, mining or other operations in, over or under land or the making of any material change in the use of any building or other land”. If your proposal falls within this definition it will be classed as development, and may need planning permission

What are the effects of listing a building? If a building has been listed, you will need the council's consent to demolish it, or for any alteration or extension which would affect its character as a building of architectural or historic interest. It is a criminal offence to carry out works to a listed building without prior listed building consent - even if you did not know that the building was listed.
What can I do if I am unhappy about the decision on my planning application? You have a right of appeal against the decision on your planning application to either the Local Review Body or the Scottish Ministers. Additionally, if you are unhappy about the way an application has been handled, you can make a complaint.
What information do I require to submit a planning application e.g. forms and plans? The Council's website has lots of information and Notes for Guidance to help you fill in our application forms. If you are still unsure please contact the Planning Central Validation Team on 01546 604840 or at centralvalidationteam@argyll-bute.gov.uk
What is a tree preservation order? A Tree Preservation Order (TPO) is a device used by Planning Authorities to protect existing trees or woodland in the interests of amenity because the Council considers they contribute to the area.  It means you are not allowed to lop or prune a tree with a TPO unless you have obtained permission from the council.
What is Full Planning permission? Full planning permission is a detailed planning application for property development. It requires full details of the design, siting, materials, access and parking facilities for your proposed development, with to-scale drawings. We have a leaflet that will explain this more fully.
What is Planning Permission in Principle?

An application for Planning permission in principle can be submitted to establish whether a building can be erected before having detailed plans drawn. Customers can apply online or the application form can be downloaded from the Council’s website. We have a leaflet that will explain this more fully.
Where can I get a Planning Application form?

Argyll and Bute Council actively encourage online submission of Planning applications via the Scottish Government eplanning portal .

All planning application forms are also available to download from the Council’s website.

Alternatively, customers can request a form by calling the Planning Line 01546 605118 or by calling into their Local Customer Service Point.

Who is responsible for looking after trees? Owners of the land that the tree grows on are responsible for the tree, so if the council owns the land that the tree grows on then the council is responsible for the maintenance of the tree.  If the council does not own the land, please contact the legal owner.