Planning Constraints

Introduction

In considering whether it is appropriate to undertake development on land or buildings, it is necessary to take into consideration constraints which may affect the site. These include:

Listed Buildings:
An application for Listed Building Consent will be required for any alterations to a listed building. In general, such works as replacing doors and windows, re-roofing, new chimney pots, new rainwater goods, wholesale re-pointing, rendering or re-rendering, painting of render, stone, brickwork and external joinery, internal structural works including removal of walls and partitions, formation of new doorways, blocking (or un-blocking) of doors/windows, any works to staircases, fireplaces, chimney breasts or other structural/decorative elements of the interior will require listed building consent. This short list is not definitive in any way and listed building owners should always make inquiries with the Local Planning Authority as to what works may require Consent.

In addition, any proposals to form an extension, or any other work that physically abuts or attaches itself to the listed building, would also require Listed Building Consent, and may require planning permission. It is a criminal offence to undertake works to a listed building without obtaining Listed Building Consent prior to works taking place.

Applications should contain full information (drawings, photographs, research etc) to enable the Local Planning Authority (and consultees and members of the public) to fully understand the extent, scope and detail of the proposed works. Prior to submission of an application the Local Planning Authority is happy to discuss proposals and provide advice and information. More information is available from here: Listed Buildings Guidance and Advice

Conservation Areas:
A Conservation Area is 'an area of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance'. All applications within a Conservation Area will be evaluated to ascertain if it enhances or preserves the character of appearance of the area. Conservation Area designation introduces some extra controls to protect the special qualities of the area. This means that planning permission may be required for certain work, that outside of a Conservation Area would normally be classed as 'permitted development'.

Once an area is designated a Conservation Area, the Council has a duty to advertise proposals that may affect it, by site notice and in the local press, so that public opinion can be obtained. Applications for 'outline' planning permission may often not be appropriate as full information as to the impact of a proposal may be required in order to properly assess the scheme. More detailed information on Conservation Areas within Aberdeen can be found here: Conservation Area Guidance and Advice. To see if your house is within a Conservation Area, please see the following .pdf: 

Article 4 Directions:
The Local Planning Authority can introduce Article 4 Directions wide ranging restrictions where it considers that the importance of the area, normally a Conservation Area, warrants even more stringent controls. This type of Direction introduces further controls which can apply to a wide variety of issues, such as control over replacement windows and doors, the introduction of porches, the building of walls, retention of architectural detail and painting. It is worth noting that within Aberdeen City, many areas are covered by the Article 4 Direction and more information can be found here: Conservation Area Guidance and Advice.

Special Area of Conservation:
A Special Area of Conservation (or SAC) is a site designated under the SNH Habitats Directive. These sites, together with Special Protection Areas (or SPAs), are called Natura sites and they are internationally important for threatened habitats and species. Natura sites form a unique network of protected areas which stretches across the whole of Europe.

SACs are selected for a number of habitats and species, both terrestrial and marine, which are listed in the Habitats Directive. On receipt of an application which may have an impact on the SAC, Scottish Natural Heritage (SNH) will be consulted. If a development impacts on the SAC, it may ultimately lead to refusal of the application. Within Aberdeen, the River Dee and the Culter Burn are a SAC. For more information on SACs, please contact SNH: Scottish Natural Heritage

Tree Preservation Orders:
Trees may be protected in two ways. Trees that fall within Conservation Areas and trees that are the subject of a Tree Preservation Order (TPO). In either case you must seek our consent before undertaking any works to protected trees. There are legal requirements that must be met before carrying out works to trees within a Conservation Area or trees that are protected by a Tree Preservation Order (TPO). It can be the case that a tree is both protected by a TPO and also within a Conservation Area. In this case, you should only apply for consent to undertake works to a tree protected by a TPO. More information about Trees and Tree Preservation Orders can be found here: Tree Protection and Grants

Flooding:
If, by allowing a proposed development, there may be issues with flooding, then this may give cause for concern and also may lead to an application being refused. The Planning Authority will consult SEPA on flooding issues and applicants are encouraged to discuss proposals with SEPA direct in the first instance. Information about flooding can be found on the SEPA website: Scottish Environment Protection Agency

Contaminated Land:
The approval of an application for the redevelopment of a contaminated site will only be granted planning permission if the site is remediated to a standard that makes it suitable for the new use of the land – in line with Local Plan policy 18 (Degraded and Contaminated Land).

Contaminated Land issues are dealt with by Environmental Health officers who are consulted on applications involving contaminated land. To discuss potential issues, please contact an officer by viewing this page: Contaminated Land

Hazardous Substances:
In certain areas of the City, there are sites that have Hazardous Substances Consent. There are also a few licensed explosives sites. There are buffer zones around such sites which restrict development depending on the perceived risk to health and safety. On receipt of an application for Hazardous Substances consent, or an application within the buffer, the Health and Safety Executive will be consulted and there comments More information can be obtained from the Council's Hazardous Substances page, which has links to the various legislation and bodies surrounding this topic.

Pipelines:
There are 2 pipelines (BP Forties and Shell Natural Gas Liquids) that run north to south along the western edge of the city. Each pipeline has a buffer zone which, like Hazardous Substances sites, restricts certain development. On receipt of an application that falls within the buffer zone, the Council will consult BP and Shell in order to ascertain if the development would have an impact on pipeline safety. For more information on this, please contact us.

Airport:
Aberdeen Airport is an integral part of the City's infrastructure. The Council will consult BAA on applications that fall within a number of categories throughout the city in order to ensure that development does not impact on aerodrome safety, related to the height of the proposed development, its location and also where there the development is likely to attract birds. All applications related to aviation use are also consulted on. BAA may request that certain conditions are attached to permissions, e.g. the requirement for the submission of a bird hazard management plan or landscaping details. For more information on this, please contact us.

District Wildlife Sites:
Sites identified by the former District Council with assistance from Scottish Natural Heritage as site of city-wide importance for nature conservation. DWS's are considered to represent the best examples of habitat types in the city and cover a wide range of habitats including semi-natural woodland, heathland, wetland, river systems and large stretches of Aberdeen's coastline.

Sites of Special Scientific Interest:
Sometimes abbreviated to SSSI. These sites are highlighted by Scottish Natural Heritage as representing or containing the best examples of particular species, habitats, geology or geomorphology which would be damaging to the scientific interest. In Aberdeen, SSSI's can be found at Cove Bay, Nigg Bay, Corby Lily and Bishops Loch and Scotstown Moor.

Local Nature Reserves:
Declared by Aberdeen City Council to protect sites of local importance for nature conservation, education and amenity. The local authority must either own or have a legal interest in the land before a LNR can be declared. Although LNR's have no direct statutory protection, management rules or bye-laws can be used to control damaging activities.

Air Quality Management Areas:
In accordance with national planning policy and advice, air quality can be a material planning consideration. Because of relatively high levels of nitrogen dioxide and of PM10 particulates, an Air Quality Management Area has been designated for some city streets and the City Council has prepared an Air Quality Action Plan to address this problem. Exhaust emissions from motor vehicles are important contributors to air pollution, so that the indirect and cumulative effects of developments in generating traffic outwith their immediate vicinity may need to be taken into account. More information can be obtained from the Council's Air Quality In Aberdeen page.

 

Contacts

• Development Management Team
  Enterprise, Planning and Infrastructure
  Aberdeen City Council
  Business Hub 4
  Marischal College
  Broad Street
  Aberdeen
  AB10 1AB
  Phone: 01224 523470
  Fax: 01224 523180
  Email: pi@aberdeencity.gov.uk