This means that from today, the section of the Planning (Scotland) Act 2019 that sets out what happens when there is ‘any incompatibility’ between parts of a development plan will also come into force.
This means that some Local Development Plan policies will no longer be used to the same extent.
A report to Planning Committee on 18 January 2023 explains this in more detail and provides a list containing:
Local Development Plan policies which are compatible with NPF4
Local Development Plan policies which are not compatible with NPF4 and will not be used to the same extent
We also provide more detail in the guidance on windows in Listed Buildings and what is now called ‘narrow profile glazing’, previously known as ‘slim profile glazing’.
Where it is proposed to install narrow profile glazing in listed buildings, the guidance still advises that the 6mm cavity gap between two 4mm panes is the maximum we will usually accept. Larger cavity gaps may be accepted in certain circumstances and the guidance sets out what these would be.
Listed building consent applications for narrow profile glazing in existing windows must be accompanied by cross section drawings detailing the depth of the cavity gap and glazing panes. Without this information we are unable to assess the application and it will not be progressed. Full details are included in the guidance.
Changes are coming to the way pre-application consultation with local communities takes place.
All applications for national or major development must comply with the Pre-Application Consultation (PAC) process. Where pre-application consultation is required, applicants must submit a Proposal of Application Notice (PAN) at least 12 weeks prior to the submission of the planning application.
At the second event the application will provide feedback on comments received regarding the proposed development. Both of these exhibition/events must be press advertised.
The changes also introduce a time limit of 18 months within which an application must be submitted.
Notices submitted prior to 1 October will not be required to hold two events but will be subject to the 18 month time limit, starting from 1 October.
Since the first outbreak of Covid in March 2020, all events have been taking place online. For notices received after 1 October, all events must now be in person. It is still good practice however to provide online information for those not able to attend in person.
The Edinburgh Development Concordat promotes collaborative working between the developer, community councils and the Council. It is recommended that an engagement strategy is prepared which sets out how community feedback will be sought. This could include the use of:
Meetings with community councils
Exhibitions with developer staff on hand to answer questions
Social media to promote events
Bespoke websites for the development
Surveys – both online and in person
Posters in local libraries and other public places
Leaflets distributed to properties in the local area
Consultation should be a meaningful engagement with the community and should offer the opportunity to mitigate negative impacts and misunderstandings and deal with community issues that can be addressed.
From 1 October 2022 retrospective planning applications will be subject to a 25% surcharge
Reduced fees: some fees for not for profit or social enterprises can now receive a 25% discount
Below is a summary of the changes:
A retrospective application is an application for planning permission for a development which has already commenced or has been completed without planning permission.
Retrospective applications often result from Enforcement enquiries but can also be the result of other factors. A surcharge on retrospective applications is being introduced to provide a means of recovering some of the costs of carrying out enforcement investigations.
From 1 October 2022, Edinburgh Council will be imposing the maximum 25% surcharge allowed by the regulations.
As an example, an average householder application for a summerhouse in retrospect, would mean the normal application fee of £300 plus a further 25% (£75).
If you are submitting a retrospective application, it is important that you highlight this at the time of submission.
The surcharge will not be calculated when an application is submitted on e-planning.scot. This is because e-planning is a national service which does not consider individual charges by local authorities. This will mean that the extra fee will be requested when your application is registered. If the required surcharge is not paid, your application will not be progressed to determination.
Starting immediately, Edinburgh Council will reduce the fee by 25% for applications which relates to development which
has the primary purpose of contributing to a not for profit or social enterprise
relates to development which is likely to contribute to improving the health of residents in the area to which the application relates.
Applications must meet both the above criteria to be considered for an exemption.
The amount levied will depend on the type of application. For example, a £300 fee would be reduced to £225.
The full statutory fee should be paid when the application is submitted. The Council will make a decision on receipt of an application as to whether a 25% reduction is applicable and will refund the applicant accordingly.
Prospective applicants should make clear in their supporting information if they are seeking a reduction in the application fee.
Clear justification should be given for why the applicant believes that a reduction in the fee is applicable.
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