Planning Constraints

Listed Building Consent is required for demolition, or for any alteration or extension that would affect the character of a listed building. Work that usually needs consent includes replacing doors and windows, re-roofing, new chimney pots or rainwater goods, re-pointing, rendering, painting of render, stone, brick or joinery, and internal structural work such as removing walls, forming new doorways, or altering staircases, fireplaces or chimney breasts.

This is not a full list. Always check with a Development Management Planning Officer before starting work. Carrying out work to a listed building without consent is a criminal offence.

An extension, or other work physically attached to a listed building, may also need planning permission. Development near a listed building may also need permission if it would affect the building's setting.

Under Section 14 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, we must give special regard to preserving a listed building, its setting, and any features of special architectural or historic interest. A proposal that threatens these could be refused.

Applications affecting a listed building or its setting must be advertised, both on site and in the press.

A Conservation Area is an area of special architectural or historic interest that should be preserved or enhanced. Applications are assessed on whether they preserve or enhance the area's character. If not, the application could be refused.

Some work that would normally count as permitted development elsewhere requires planning permission within a Conservation Area. Demolishing an unlisted building normally requires Conservation Area Consent.

We must advertise proposals affecting a Conservation Area, both on site and in the press, so the public can comment.

The Heart of Neolithic Orkney World Heritage Site covers six Scheduled Monuments: Skara Brae, Maeshowe, the Stones of Stenness, the Watch Stone, the Barnhouse Stone, and the Ring of Brodgar with its associated monuments. Defined sensitive zones and ridgelines around these sites are taken into account when deciding applications. A proposal with a significantly detrimental impact on the site's value could be refused.

A Scheduled Monument is a nationally important site given legal protection under the Ancient Monuments and Archaeological Areas Act 1979. Most are on land, though some lie under the sea. If a proposal could affect a Scheduled Monument's setting, we consult Historic Environment Scotland. Direct impact on a Scheduled Monument requires separate consent from Historic Environment Scotland. A proposal with significant detrimental impact could be refused.

Special Areas of Conservation are designated under the Habitats Directive for specific habitats and species, on land and at sea. The Habitats Regulations set out the related legal requirements in Scotland.

Special Protection Areas are designated under the Birds Directive to protect rare, vulnerable, and migratory bird species and their habitats from disturbance.

Special Protection Areas and Special Areas of Conservation are together known as Natura sites. Any proposal that could significantly affect a Natura site's integrity must undergo an Appropriate Assessment. Permission may be refused if adverse impact is likely and cannot be adequately mitigated.

Ramsar sites meet the UK's commitments under the Ramsar Convention on Wetlands of International Importance. All Scottish Ramsar sites are also Natura sites, and many are also Sites of Special Scientific Interest, so they benefit from the same protections. Orkney's Ramsar site covers the East Sanday Coast.

Marine Protected Areas are designated under the Marine (Scotland) Act and the UK Marine and Coastal Access Act, to protect marine biodiversity or geodiversity. They are particularly relevant to applications for marine fish farms. A proposal with significantly adverse impact on a Marine Protected Area could be refused.

Sites of Special Scientific Interest represent Scotland's best examples of natural heritage, including plants, animals, habitats, rocks, and landforms. They are designated by NatureScot under the Nature Conservation (Scotland) Act 2004 and protected by law. Intentionally or recklessly damaging a protected feature is an offence. Orkney has 36 Sites of Special Scientific Interest. A proposal with significantly adverse impact on one could be refused.

A National Scenic Area is defined under Section 263A of the Planning (Scotland) Act as an area of outstanding scenic value in a national context, protected from inappropriate development. One National Scenic Area covers western Hoy and the West Mainland. NatureScot has surveyed all National Scenic Areas and published the qualities that justify each designation. A proposal with a harmful impact on these qualities could be refused.

Local Nature Conservation Sites are designated by the Council for their ornithological, botanical, or geological interest. Development should not adversely affect their character.

Local Nature Reserves are designated by the Council to protect sites of local importance for nature conservation, education, and amenity, on land the Council owns or has a legal interest in. They have no direct statutory protection, but management rules or bye-laws can control damaging activity. Orkney's only Local Nature Reserve is at Mull Head, Deerness. Development should not adversely affect its character.

Trees are protected if they are covered by a Tree Preservation Order, or if they stand within a Conservation Area. Consent is required before carrying out work to a protected tree. Working on a protected tree without consent could lead to prosecution.

SEPA publishes indicative flood maps. A site at risk of flooding may lead to an application being refused.

Some rural settlements are at or near capacity for additional private sewage systems, such as septic tanks, due to the risk of ground and water pollution. These are identified as Areas of Cumulative Drainage Impact, also shown via SEPA. A proposal that would extend drainage capacity beyond a safe limit may need a different drainage method, or could be refused.

We consult SEPA where a proposal raises flooding or drainage capacity concerns.

Redeveloping a contaminated site will only be approved if it is remediated to a standard suitable for the new use. Environmental Health Officers are consulted on applications involving contaminated land.

The Health and Safety Executive sets consultation distances around major hazard sites and pipelines. We must consult the Health and Safety Executive on relevant applications within these distances, using its PADHI+ system for advice.

Orkney has several such sites, including stores of gas, fertiliser, fuel, and liquor, quarries and piers licensed to store explosives, and the Flotta oil pipeline crossing the south end of the Number 4 Barrier. Consultation distances are shown on the Orkney Local Development Plan Proposals Map, but check with a Development Management Planning Officer, as they can change. 

A proposal could be refused if the Health and Safety Executive advises against it.

A safeguarding zone surrounds Kirkwall Airport, covering nearly all of the East Mainland and Deerness, from mid Shapinsay in the north to north of Burray in the south, and including an approach corridor to Scorrodale, west of Orphir. 

Depending on height and location, we may need to consult Highlands and Islands Airports Limited on aviation safety. 

A similar process applies to developments near the outer isles' airports, through the Council's Airport Superintendent, and to large wind turbines within flight corridors.

A proposal could be refused if Highlands and Islands Airports Limited or the Airport Superintendent object, unless mitigation, such as aviation warning lights, resolves the concern.

We consider whether a proposal would affect a core path. A proposal that would threaten the safe use or integrity of a core path could be refused.