Planning permission

Planning and Environment Coronavirus Update

The Coronavirus (Scotland) Act has now come into force and has further implications for our planning and environment service.

At this stage we are taking steps to allow us to continue to deliver our services for the duration of the COVID-19 situation. We will continue to review our position and keep you up to date as our service adapts.

Staff will be working remotely, so capacity and access to our usual systems will be significantly reduced. It may take longer to process planning applications, building warrants, RCC's, environmental advice and related aspects of the service. This also includes responses to customer queries, complaints and public comments during this period. Your patience and understanding is appreciated.

Since the restrictions on movement have come into force the Planning Service has determined 1025 planning applications and Building Standards has granted 710 building warrants and 606 completion certificate acceptance certificates.

On this page you can find out about current arrangements for the following:

Planning

Permissions in place

Under the above Act which received Royal Assent on 6 April and came into force on 7 April, planning permission that would otherwise lapse between 7 April and 7 October 2020 will be extended until 7 April 2021 to allow work to start on permissions once restrictions are lifted. These dates may change dependent on how long the Act is in force. We will update the website if these dates change.

For the period of the current restrictions The Coronavirus Scotland Act also removes the duty from Authorities to physically publish or publicise documents or make documents available for physical inspection (at libraries, service points council offices etc) where it is considered doing so may give rise to significant risk of transmission of coronavirus. We are expecting guidance from Scottish Government on the implementation of this power shortly. We will continue to make all documents available online.

Closure of Area Offices and Service Points

To help minimise risk to our staff and the public our Planning and Building Standards offices are now closed until further notice.

Existing Planning and Building Warrant applications

Officers will be working from home and will continue to process all existing applications. You should continue to contact the relevant case officer by email. Where site visits cannot be carried out we may still be able to process applications using photographs sent to us where appropriate. Photographs should be comprehensive and preferable annotated.

New Planning and Building Warrant applications

We will continue to accept new planning and building warrant applications, amended drawings and payment via eDevelopment.scot portals. In assessing the applications, case officers will communicate with you using email, letter and Skype call.

Publication of Applications by the planning authority

The Council is aware some local publications have ceased production during the COVID-19 outbreak. Under Regulation 20 of The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 we are required to publish a notice in a local paper where it is not possible for the planning authority to carry out notification in terms of Regulation 18 because there is no premises/building situated on the neighbouring land to which the notification can be sent. We have therefore taken the temporary measure of placing advertisements in alterative publications. Please see the list below. Alternatively, you may wish to check the our weekly/monthly lists of planning applications.

Area

Publication & Day of publication

Inverness

Inverness Courier – Friday & Nairnshire Telegraph - Tuesday  

Badenoch & Strathspey

Strathspey Herald - Thursday

Fort William

Oban Times - Thursday

Dingwall

Ross-shire Journal - Friday

Skye and Lochalsh

Press and Journal - Friday

Golspie

Northern Times & Ross-shire Journal - both Friday

Wick

John O’Groat Journal - Friday

Representations to planning applications

All representations to applications should be made electronically via public access. It may take longer to process representations during this period.

Planning pre-application advice/enquiries

We will continue to accept new pre-application enquiries. These should be submitted in the normal manner using our Pre-application Advice Pages. Our Major Application Pre-Application Meetings planned for 24 June 2020 onwards will be held as a virtual meeting, until further notice, and a full pre-application response pack will still be provided. In order to do this, we ask prospective developers to provide as much information as possible in advance of the proposed scheduled meeting date and where possible to include a presentation by e-mail. Please be aware that our ability to provide a response within the four week target that we set ourselves will be challenging at this time.  For futher details please contact majorpreapps@highland.gov.uk

Duty Officers

A duty officer will remain available for queries by email only as our officers are working remotely from home capacity and access to our usual systems will be significantly limited, therefore it may take longer to respond to your enquiry.

Site Visits

Planning Site Visits will now be undertaken but these will be unaccompanied. Building Standards Surveyors have resumed site inspection work; however, this continues to be a restricted service; professional staff will undertake a risk assessment with customers before agreeing to a visit. The risk assessment is to ensure the health, safety and wellbeing of both council staff and the customer.

Public engagement and planning

Legislation for major planning applications requires applicants to submit a Proposal of Application Notice (PAN) outlining pre-application public engagement proposals. In light of current restrictions on public gatherings, we don't recommend public events. Applicants and agents should explore alternative ways to engage and receive feedback from the community. While we anticipate further guidance on this matter from Scottish, please contact us to discuss potential options.

Decision Making

For the remainder of the COVID-19 outbreak the North and South Planning Applications Committee will operate virtually.

It is intended that these will be web cast live and can be accessed via the Highland Council webcast portal.

Enforcement - complaints about a breach of planning control

We will be continuing to investigate enforcement complaints as far as possible, prioritising cases in accordance with the approach set out in our Enforcement Charter. We ask you provide as much information as possible, including photographs if safe to do so, when you report a potential breach of planning.

We do not have the powers to stop works, development or operation as they relate to current restrictions around Covid-19. The Scottish Government has published guidance for the construction sector.

Development Plans

The timescales for Development Plan preparation and related work have been impacted by the coronavirus pandemic. We have published a June 2020 update to our Development Plans Newsletter (Scheme) which sets out revised priorities and timescales. It also explains the changes we have made in order to continue to engage people in the preparation of development plans whilst social distancing measures remain in place. We will also keep people up to date through regular updates on the Development Plans webpage and social media. If you cannot find the information you need you can contact the Development Plans team at devplans@highland.gov.uk.

The Service continues to prioritise the preparation of the Inner Moray Firth Local Development Plan. We are now aiming to seek the approval of the Main Issues Report by the Area Committees, publish it and start the public consultation during the remainder of 2020.

The Service is also coordinating the Council's response to the National Planning Framework 4. We submitted responses to Scottish Government’s Call for Ideas and are working on an Indicative Regional Spatial Strategy for Highland, for submission in autumn 2020. Scottish Government’s timescales for the preparation of Draft NPF4 have also been affected and it is now likely to be published in Autumn 2021.

Building Standards

We will continue to offer a Building Standards warrant assessment service and endeavour to provide a first response within 20 days. The Building Standards team are homeworking and can be contacted via email or mobile device for guidance and/or updates on the status of your application.

Certification

Alternative temporary arrangements have been agreed with BRE Certification of Design – Energy Scheme and the Structural Engineer’s Registration Ltd (SER) to allow for the remote signing of certificates of design to be submitted, temporarily, to verifiers in support of building warrant applications; until wet signatures can again be provided or the current SER certification system adjusted to facilitate electronic signatures.

Completions/Temporary Occupation

We are following the Scottish Government guidance and providing a pragmatic and flexible approach to processing completion certificate submissions. This guidance is applicable to domestic buildings with a storey height of not more than 4.5 metres. It may be used with discretion for domestic buildings above 4.5 metres height and in lower risk non-domestic buildings. This will be considered on a case by case basis.  It will not be used for any domestic or non-domestic building above 11 metres in height or where the end use of the building is considered high risk or the consequences of non-compliance are likely to be significant. This would include schools, hospitals and certain other categories of residential buildings.

Guidance on Duration of building warrant - extending the validity and Determination of an application – refusal and deemed refusal

On receipt of an application to extend the period of validity of a building warrant, whether the application is for the first extension or otherwise, the council will follow guidance and extend the building warrant for a further nine months without condition. The council will also, after the nine month time has lapsed after sending a first report agree to extend the period allowing the applicant/agent further time to submit additional information.

Phased 2 opening of construction work

The construction industry has moved into Phase 2 as per Scottish Government’s COVID-19 Routemap. This has enabled work on construction sites to resume provided appropriate measures are in place and only if physical distancing is maintained, what is termed a ‘soft start’. 

We have updated our site inspection protocols and risk assessments for building standards surveyors, taking account of the physical distancing and hygiene measures required. Site inspection work related to CCNP; Temporary Occupation and Completion Certificates has resumed albeit with some restrictions still in place as per the COVID-19 Routemap.

We will ask you about your plans under the CDM Regulations which now reference risks from COVID-19, and ask for a copy for our consideration. This applies to all construction sites, including where there is a single self-employed contractor. The case surveyor will risk assess conditions on site before arranging a time and date for inspecting; only if conditions are safe will an inspection be agreed. We therefore, may not be able to offer you an inspection and recognise this may not match your expectation. We will be pleased to record your comments on this, but ask that you recognise the unprecedented circumstances we are in.

The building standards team has issued 710 building warrants and 606 completion certificate acceptances during the lockdown period. The team continues to use their homes as their base of operations until it is safe for staff to return to council buildings. The building standards team can be contacted by mobile phone, if you know the surveyor’s tel number; or, by e-mail by entering the surveyor’s name and highland council address eg glenn.campbell@highland.gov.uk   

Environment and archaeology

Paths and outdoor access

Please comply with national guidance

  • Social distancing - keep at least 2m apart from other path users and from occupants of properties adjacent to any paths;
  • One outing for exercise per day - walk, run or cycle, alone or with members of your household;
  • Stay local - don't get in your car to drive to other areas;
  • Always pick up your litter;
  • Remember to wash or sanitise your hands as soon as you get home;

During the current restrictions, access officers are not undertaking site visits or face to face meetings.

Environment Team

The Environment Team is currently operating at reduced capacity but continues to provide general advice and will respond to information requests by email. We will continue to provide planning advice for conservation, archaeology, forestry and access wherever possible. Note that functions that require survey and/or site visits are likely to be on hold until further notice.

Works to protected trees

During current restrictions council officers are not undertaking any site visits or face to face meetings. We will continue to process applications for works to trees covered by a tree preservation order or in a conservation area.

If you require to carry out emergency work on a protected tree, or a tree in a conservation area because of an obvious danger to the public or property please follow the normal application process. Please make sure where possible your application is supported with photographs which identify the issue.

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