Planning Permission - FAQ
Our aim is for this website to be your first port of call whenever you are looking for information about the Council and the services we provide. These are some of the questions you frequently ask us. Hopefully, you are only a mouse click away from the answer you are looking for.
Do I Need Planning Permission?
How Can I Apply for Planning Permission?
Where Do I Get Planning Permission Forms?
Which Form is Required for Extending or Altering my House?
Which Form is Required for Building a New House?
What is Planning Permission in Principle?
What is Full Planning Permission?
Does my Application go to the Planning Committee for a Decision?
How Can I Get Planning Advice?
How Can I View the Orkney Local Plan?
How is my Planning Application Processed?
How is a Decision on my Planning Application Made?
How Can I Find Out About Planning Applications That May Affect Me?
What Happens After my Application is Approved?
Do I Need Planning Permission?
In general anyone wishing to carry out “development” must first apply for planning permission from the Council.
“Development” is defined as: “the carrying out of building, engineering, mining and other operations in, over or under land, or the making of any material change in the use of any buildings or other land”.
A number of small scale householder developments can be carried out without planning permission, but the rules governing such “permitted development” is complex and varies between different types of properties.
It is always advisable to contact the Council’s Planning Service first to determine whether a planning application is required or not.
How Can I Apply for Planning Permission?
Once it is established that planning permission is required the applicant is required to submit a formal planning application. There are a number of different types of applications and these are as follows:
- Application for planning permission in principle – the purpose of an application for planning permission in principle is to establish the principle of the development before producing a detailed scheme.
- Application for planning permission – this is required where works are to be carried out, including the erection of a building, or a change is proposed in the use of land or buildings.
- Application for householder planning permission – this is required where works are related to minor alterations and extensions to existing buildings.
- Other consents – there are other forms of consent relating to advertisements, prior notification consent for erecting agricultural buildings and demolition, listed buildings and hazardous consents which relate to specialist situations where advice should be sought from the Council’s Planning service.
It is the applicant’s responsibility to make sure that the application is submitted correctly. You can submit the application yourself or you can employ a professional agent. However a planning application must include:
- Fully completed forms including certificates of ownership. It is essential that those with a direct interest in the land in question, either as owners or tenants, are notified using the appropriate notices, of any proposals.
- 2 copies of all plans including a location plan outlining the application site in red and other land belonging to the applicant in blue. A guide to plans and documents required for planning applications is available from the Related Downloads section of this page.
- The correct planning fee and any fee for the advertising of the application, if this is necessary. The planning fee depends on the specific detail of the development as shown on the Scale of Fees document, available from the Related Downloads section of this page.
Guidance notes are attached to application forms but applicants in any doubt about completing the forms should contact Development Management on 01856 873535 ext. 2504 or by email.
When filling in an application form, the applicant should carefully follow the advice provided in the guidance notes. It should be noted that simple errors may result in the application not being registered. Incomplete applications will not be registered. The applicant will be notified of any deficiencies in writing. We cannot begin to process the application until it is valid. It is in the interests of applicants to respond quickly to requests for the necessary information.
Where Do I Get Planning Permission Forms?
You can phone Development Management on 01856 873535 ext. 2504, call in at the One Stop Shop, download a copy from the Related Downloads section of this page or you can submit your planning application online.
Which Form is Required for Extending or Altering my House?
A householder application form is needed for this type of development, download a copy from the Related Downloads section of this page.
Which Form is Required for Building a New House?
A planning permission application form is needed for this type of development. Download a copy from the Related Downloads section of this page or submit your application online.
What is Planning Permission in Principle?
Planning permission in principle is an un-detailed application that lets you know, for example, whether development is possible on a specified site. If planning permission in principle is gained, full planning is still required.
Planning permission is a detailed application. It involves details of the design, siting, materials, access and parking facilities for your proposed development.
Does my Application go to the Planning Committee for a Decision?
Only a small percentage of applications are decided by the Planning Committee. There are a number of reasons for an application to go to the committee for consideration. The development might appear not to comply with planning policy, an objection might have been received or it might be a major project, such as a new school.
How Can I Get Planning Advice?
Planning advice may be obtained directly from Planning Officers in Development Management or through planning policy documents and advice published by the Council.
The Council encourages applicants to seek advice about their proposal before making a planning application.
If you are thinking of putting in a planning application, it’s often a good idea to talk things through first with one of our planning officers. If you bring in a rough site plan and drawings of the proposed new building or development to our offices at School Place, Kirkwall, we can offer advice on your proposal and on the procedures. There is always a Planning officer on duty at the One Stop Shop so you can call in any time Monday to Friday, 9am to 1pm and 2pm to 5pm for advice. Alternatively you can call 01856 873535 ext. 2504 and ask to speak to a Planning Officer or email Development Management. The more detailed information which can be supplied by the applicant at this stage, the better. e.g. the submission of location plans, sketch plans will allow more focused consideration of the issues.
Applicants should ensure that they submit requests for advice timeously, in order to allow every opportunity for informed discussion and comment.
The key planning policies published by the Council are the Structure Plan and the the Local Plan. These documents provide the main policy framework by which decisions on planning applications are made. The Local Plan is particularly useful as it includes the key policies for new housing as well as maps showing the location of development sites in Orkney. Copies of the plans are available for reference at the One Stop Shop and the Orkney Libraries, as well as being available for sale from Development Planning & Regeneration.
For applications involving housing development in the countryside, further advice is contained in the Council’s publication "Siting and Design of Houses in Orkney's Countryside." Download a copy from the Related Downloads section of this page.
Any advice given by planning officials is given without prejudice to the formal consideration of an application since other information may arise from consultations, representations or more detailed proposals which may result in a different view being taken.
How Can I View the Orkney Local Plan?
The Orkney Local Plan can be viewed via the Related Links section of this page or by calling in at the One Stop Shop, and at the libraries in Kirkwall and Stromness. The Orkney Local Plan can also be purchased in hard copy and CD format from Development Planning & Regeneration at the Council.
How is my Planning Application Processed?
Once submitted, an application is checked to ensure that all the legal and procedural requirements have been met. If valid, the application will be registered and the receipt of the application and fee acknowledged to the applicant or agent if applicable. In the acknowledgement, the applicant will be notified of the name and telephone of the planning officer dealing with the application, a target date for a decision and their rights.
The Council has a two month period to make a decision on the application. Complex or major applications or those where amendments or improvements are required may take longer to process.
The planning officer dealing with the application, known as the “case officer”, is responsible for the processing of the application and will, at an early stage, visit the site.
The Council is required to consult various organisations on certain types of planning applications. Typical consultees might include the Council’s Roads Services, Scottish Water, Scottish Natural Heritage and the Scottish Environment Protection Agency.
The case officer will identify, in consultation with other parties, any additional information requirements, as soon as possible. The Council will request only additional information necessary to determine the application.
Applicants will be informed, on request, about the progress of their application. If the application cannot be dealt with by the target date, the applicant will be informed and the reason for the delay will be stated.
How is a Decision on my Planning Application Made?
The Council will make a decision on a planning application by one of three different methods.
Straight forward, small scale applications can be approved by the Assistant Director of Environmental Standards under delegated powers given to him by the Council. These applications tend to relate to proposals which are in accordance with the Council’s planning policy and where there have been no adverse representations from consultees and the general public.
Any other contentious or major planning applications, or those that are contrary to Structure Plan or Local Plan Policies, or those that have received objection must be presented to the Planning and Protective Services Committee for consideration. The Committee meets in public but only accepts written representations from applicants and third parties.
Where an application is to be presented to the Planning and Protective Services Committee, the Committee Clerk will undertake to advise the applicant and any other third party of the date of the meeting.
In certain circumstances the Committees may decide to undertake a site visit prior to making a determination on the application.
Once a final decision has been made on a planning application, the decision notice is issued to the applicant as appropriate. Any conditions attached to a permission, reasons for refusal and/or any additional information will be set out clearly and the reasons for them explained. The notice will also explain the applicant’s right of appeal against a decision to refuse planning permission or against conditions attached to a permission.
How Can I Find Out About Planning Applications That May Affect Me?
There are well established arrangements to allow members of the public to be informed of planning applications and to give people an opportunity of making representations before any decision on an application is made by the Council.
The public may become aware of development proposals either having been directly notified as an owner, occupier or neighbour; by inspecting the planning application list; or for certain developments, by observing a notice in the local newspapers.
Planning applications, supporting information and plans can be viewed online or at the Council Offices during normal office hours. If you wish to view a particular planning application you should telephone the Council’s Planning Administrator to arrange an appointment.
Representations can be made by any individual or organisation on any planning application. They must be made in writing (letter or email), should be clearly signed and dated, should contain a contact address and should state clearly the grounds on which the objection or representation is made.
Objections and representations cannot be treated as confidential. This is because they form part of the background papers on which the decision is based. Anonymous objections and representations will not be considered.
Copies of objections and representations are made available in the reports presented to the Planning and Protective Services Committee and are publicly available.
What Happens After my Application is Approved?
Development must be carried out in accordance with the approved planning application and any conditions attached by the Council. It is the applicant’s responsibility to let the Council know about any changes to the approved proposals prior to implementation. No work should be carried out until the Council’s approval of any changes has been given.
The Council has a duty to investigate breaches of planning control and has powers to remedy such breaches by statutory and other means. This includes instances where development may have been undertaken without the necessary planning permission.