Interim guidance for agricultural and forestry track and private ways

Following changes to the permitted development rights for agricultural and forestry private ways (tracks and paths etc.) on 15 December 2014, The Highland Council has now published interim guidance on its website for developers of private ways.

The legislative changes require planning authorities to now approve the route, design and means of construction of proposed private ways before they can be constructed and careful consideration must be given to design, method of construction and routing. 

Failure to adhere to the prior notification process invalidates permitted development rights for the private way in question and may also result in enforcement action. There is currently no fee for making a prior notification application.

The Council’s interim guidance explains the prior notification process, outlines the level of information required in support of an application and also provides advice on key design considerations and how to approach the formation or alteration of private ways within special designations (including the Cairngorms National Park).

The interim guidance can be downloaded here

Pre-application advice for private ways is also available through the Council’s Pre-application Advice for Local Development Service and you can make a request for advice. To make a formal prior notification application, you can apply online or download application forms at: https://eplanning.scotland.gov.uk/