Planning permission is required for many forms of development and also includes changes in the use of buildings and land. Planning permission is not needed for work that only affects the inside of a building, although, if it is a Listed Building you may need Listed Building consent for this.
Do I need to apply for planning permission ?
Some developments, such as garden sheds, garages and house extensions can be classed as "permitted development" and don't need planning permission provided they meet certain criteria. Planning Officers can advise you on whether or not a proposal needs planning permission. They can also advise on what the Council is likely to accept or reject with reference to current planning policy.
Why control development ?
Planning decisions affect everyone. They have an impact on the quality of the environment and on the financial value of the land. Planning decisions can also be controversial and arouse considerable public interest, so it is vital that these decisions are made openly and impartially.
Some of the benefits of properly controlled development are:
- Ensuring that new houses are connected to roads and sewers, and have shops and schools nearby.
- Keeping noisy or dirty industry away from residential areas.
- Ensuring that new buildings are well laid out and at home with their surroundings.
- Conserving nature, the countryside and good farmland.
- Ensuring that the road system can handle new developments.
Who's responsibility is it to get planning permission ?
It is your responsibility for seeking planning permission. If planning permission is required then work should not start until planning permission has been granted.
If you are considering submitting a planning application, it is advisable to engage in pre-application discussions before submitting a formal application. The service is free and a planning officer will be able to highlight relevant policy issues and identify important information that should be submitted with the planning application. The planning officer will also provide advice on the design of the proposal, where relevant and give an indication of any other matters which may be relevant in the consideration of the proposal.
Receiving advice at this stage also has benefits in that it should simplify the submission of any subsequent planning application and lead to quicker determination times.
To get the most out of pre-application discussions, it is advisable to collect as much information as possible about your proposal. A location plan, drawings and/or sketch proposals, for example, will assist the planning officer in providing a more informed view on the proposal. You may wish to engage the services of an architect or planning consultant at this stage also as they should be familiar with the Council’s policies and proposals. It is also advisable to look through the extensive list of Supplementary Guidance (2014) which the Council has produced which provides guidance on the Council's expectations and requirements for certain types of development and the issues which should be addressed in any application.
Whilst the planning officer will try to identify all the relevant issues, it does not prevent the case officer from asking for more information, if it is necessary, once a planning application is submitted. The full merits of a proposal, including consultation responses and any representations that are submitted, can only be considered as the application is progressed. Therefore, pre-application advice has to be without prejudice to any decision that the council may take on receipt of a planning application.
Pre-application advice can be sought in writing or by contacting the planning service to arrange to discuss a proposal with a planning officer. Depending on the complexity of the proposal, the planning officer may ask for information to be submitted in advance of any meeting.
If you are interested in applying for planning permission and wish pre-application advice, please contact a member of the planning team to discuss your proposals, on 01786 233660 or e-mail Planning
Submitting a Planning Application
If you are interested in applying for planning permission and need some advice and assistance, please contact a member of the planning team to discuss your proposals, on 01786 233660 or e-mail Planning
Applications may be made for a number of purposes, including:
- Full planning permission.
- Planning permission in principle.
- Listed Building consent - for works to alter, extend or demolish a listed building, including internal works.
- Conservation area consent - to demolish the whole of an unlisted building within a Conservation Area.
- Advertisement consent - for certain types of advertisement and signage.
- Certificate of Lawfulness - for proposed or existing use.
- Tree works - for proposed tree works to trees within a conservation area or subject to a tree preservation order.
- Mineral extraction or waste disposal.
- Hazardous substances consent.
Planning Application Forms can be downloaded, or alternatively, you can now submit a planning application online. Find out more at the ePlanning site, where you can make an application or an amendment to an existing consent online.
How much will it cost me ?
View and Comment on Planning Applications
You can find details of all applications submitted to the Council since 1999, via the Public Access service. You can also comment on current Planning Applications via this service.
Hierarchy of Developments
Recent reforms to planning legislation created a new hierarchy of developments. The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, created a classification for all developments across Scotland. The three categories in the hierarchy of developments to which all developments will be allocated are:
- National Development;
- Major Development; and
- Local Development.
The top tier of developments is national developments and these are contained in the National Planning Framework published by the Scottish Ministers in June 2009. The National Planning Framework may be viewed at www.scotland.gov.uk.
Below national developments are major and local developments. Whether a development is a major or local is determined by whether the development falls above or below certain thresholds.
There are 9 thresholds. Where a development meets or exceeds the following thresholds the development will be classed as a major development. Any development below the thresholds will be local development. The thresholds are:
- All development under Schedule 1 to the Environmental Impact Assessment (Scotland) Regulations 1999.
- Housing where the development comprises 50 or more dwellings or the area of the site is, or exceeds 2 hectares.
- Business of general industrial, storage and distribution with a gross floor space of 10,000 sq.m., or the area of the site exceeds 2 hectares.
- Electricity Generation where the generating capacity is or exceeds 20 megawatts.
- Waste Management Facilities where the capacity of the facility is, or exceeds 25,000 tonnes per annum, or for Sludge Treatment Facilities where the capacity to treat more than 50 tonnes (wet weight) per day of residual sludge.
- Transport and Infrastructure projects where the length of road, railway, tramway, waterway, aquaduct or pipeline exceeds 8 kilometres.
- Fish Farming where the surface area of water covered is, or exceeds 2 hectares.
- Mineral Extraction where the site area is or exceeds 2 hectares.
- Other development not falling wholly within one of the above classes, where the gross floor space is or exceeds 5,000 sq.m. or the area of the site is, or exceeds 2 hectares.
How your application will be decided
Legislation sets out the way in which your planning application will be determined, and the target periods that we have to determine applications.
We now have two months to decide local applications (this includes applications form householders) and four months to determine major applications.
|Guidance Note on deciding 'Local' applications|
|Guidance Note on deciding 'Major' applications|
The Council has a Scheme of Sub-Delegation, which sets out how applications will be determined in the Stirling Council area. The guidance notes on Deciding Local Planning Applications and Deciding Major Planning Applications provide information on how the Council will determine your application.
Under current regulations, your rights to challenge the Council's decision have changed. Whether you can seek a review or make an appeal depends on the classification of your application and the method in which it was determined:
- 'Local' applications - If you have been refused permission for a 'local' application, you can seek a review from the Local Review Body.
- 'Local' applications determined by the Council's Planning Panel - If your application was a 'local' application, but was determined by the Council's Planning Panel, you have the right of appeal to Scottish Ministers.
- 'Major' application - If your application was a 'major' application, you have the right of appeal to Scottish Ministers.
For further information on the appeals process.
Contact Your Local Councillor
You may wish to contact your local Councillor in connection with any aspect of a Planning Application, either as an applicant or an objector. Councillors can ask that certain applications be referred to the Planning Panel for consideration provided there are sound planning reasons for doing so. Contact details for all Councillors.
Applicants and Contributors - How we use your information and personal data.
- As part of the planning process, your application or comments on an application will be published on the internet.
- Your information will not be used for any other purpose unless required by law, to prevent or detect crime or to protect public funds.
- You will not be asked for any unnecessary information and in order to protect personal data, we will not publish individual signature's, telephone number's, or e-mail addresses on the internet.
- We will rectify inaccurate information within 24 hours of being advised during normal business hours.
- We will not keep your information on the internet any longer than is required by legislation.
- We will process your personal data in accordance with the rights of data subjects under the Data Protection Act. You can access the personal data that Stirling Council holds about you by contacting the Information Compliance Officer at email@example.com
- We will take all reasonable precautions to protect personal data from accidental or deliberate loss or unauthorised disclosure.
- If you have any concerns about information placed on the Internet by Stirling Council, please contact the Information Compliance Officer (contact details as per point 6).
Plans, drawings and materials submitted to the Council are protected by the Copyright Acts (section 47, 1998 Act). You may only use material, which is downloaded and/or printed for consultation purposes, to compare current applications with previous schemes, or to check whether developments have been completed in accordance with approved plans. Further copies for any purpose must not be made without the prior permission of the copyright owner.
While every effort is made to ensure that the information shown in Public Access is accurate this can not be guaranteed and some data sets, particularly constraints, are incomplete. You should check with Officers before making important decisions that rely on the data viewed. Documents viewed under the ‘Associated Documents’ tab are only available for Planning Application files from 2006 onwards.