When planning permission is required

Legislation allows for certain domestic extensions and alterations to take place without the need for planning permission. For a summary of  permitted developments, please see the guidance notes below. 

 

These are our standard templates for legal agreements associated with planning permission and planning permission in principle under Section 75 of the Town and Country Planning (Scotland) Act 1997 (as amended) and Section 69 of the Local Government (Scotland) Act 1973.

Select the relevant box to read the answer. 

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. For more information see Use Classes and Permitted Changes of Use.

You may or may not require planning permission, as the requirements for planning consent can vary depending on whether the property is a dwelling house or flat, a listed building or located in a Conservation Area. Other factors include the dimensions, scale of the building and distance from the property boundary. For a property specific answer, please contact us

Alteration/replacement of windows in listed buildings may require planning permission and listed building consent. Window alterations/replacement for unlisted buildings in conservation areas may also require planning permission. Window alterations in flats that are neither listed nor located within a conservation area do not require planning permission. For a property specific answer, please contact us

You do not need planning permission to erect a TV aerial as long as it is solely for your own use.

The rules for domestic microgeneration have changed. Please see the Scottish Government Microgeneration Strategy or contact us

Planning permission is required if:

  • The property is a flat.
  • Construction work involves over 0.5 metres of excavation or infilling.
  • The verge to the footway has grass over 2.5 metres wide.
  • The driveway accesses a classified road
  • The property is a listed building or is in a Conservation Area.

Additionally consent from the Council's Roads Department will be required to form the dropped kerb. For more information see Regulations governing driveways

In the case of dwelling houses, if the height of any fence or other 'means of enclosure' (including a gate or wall) exceeds 2 metres in height, or 1 metre where it fronts a road; or the property is in a conservation area or the grounds of a listed building, then planning permission is required. For flatted properties, permission is required if the fence exceeds 1 metre in height within 20 metres of a road. For a property specific answer, please contact us.

In the case of dwelling houses, planning permission is required if the deck is forward of the wall forming the principal or side elevation where that elevation fronts a road; any part of the floor exceeds 0.5 metres in height; the combined height of the deck and any wall, fence balustrade or handrail exceeds 2.5 metres; or the dwelling house is in a conservation area; or it would be within or bound the curtilage of a listed building. Planning permission will always be required for flats. For a property specific answer, please contact us.

No, you do not need to apply for planning permission in order to plant trees, but take care you are not planting in the vicinity where growing trees could damage foundations or deprive your neighbours of light. 

Planning permission is required for any tree works for trees that are in a Conservation Area or protected by a Tree Preservation Order (TPO). For more information, see the Protected trees page, or download the leaflet below: 


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