Planning permission application

Nikster73

This is for a licence which is £420.  I also need to apply for planning permission which is an additional  £600.

Nikster73

user1977 said:

The fee is for the application, no matter the result - the council isn't offering some sort of money-back guarantee for everybody's daft proposals.

You seem misguided as to how planning works - the neighbours don't have a right of veto, the application will be assessed against whatever the local and national guidelines are for such things.

Planning permission for a change of use within a property is a new legislation.  There are not many landlords that will have knowledge of this.  A licence is now required since Oct 22. 

My understanding for seeking planning permission was only if you were making structural changes to a property/ garden/ extension etc.

user1977

Nikster73 said:

user1977 said:

The fee is for the application, no matter the result - the council isn't offering some sort of money-back guarantee for everybody's daft proposals.

You seem misguided as to how planning works - the neighbours don't have a right of veto, the application will be assessed against whatever the local and national guidelines are for such things.

My understanding for seeking planning permission was only if you were making structural changes to a property/ garden/ extension etc.

Your understanding is wrong. You also need planning permission if you are changing the use of a property to a different class, even if no physical changes, and this has long been the case - though the particular distinction between these different types of residential use is a more recent change.

Section62

Nikster73 said:

My understanding for seeking planning permission was only if you were making structural changes to a property/ garden/ extension etc.

No, and it never has been.

Consent is required for "development".  In Scotland the 1997 Act defined "development" as

Subject to the following provisions of this section, in this Act, except where the context otherwise requires, “development” means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.

Planning consent can be required for relatively trivial things, such as changing the colour of your front door or altering a condition about the hours per day you can use a garden room as an office.

In comparison, converting a residential dwelling into a short-term letting business is a fairly significant change.

macman

In England and Wales, freeholder consent might be necessary for such a change of use. So how is this dealt with in Scotland, where flats are not leasehold?

user1977

macman said:

In England and Wales, freeholder consent might be necessary for such a change of use. So how is this dealt with in Scotland, where flats are not leasehold?

It doesn't need dealt with at all because there we're not daft enough to use leasehold tenure for residential property...

It is likely that there are title conditions (mutually enforceable by the neighbours) which restrict the use of the property in some way (e.g. at least to residential use of some sort), but I would say not very common for them to be worded in a way which prohibits use as a holiday let. The OP should however check if they haven't already.

BungalowBel

The Planning Officer and others have to do just as much work whether your application is permitted or refused.  That is what the fee is for.  Therefore it is non-refundable whatever the outcome. 

Nikster73

I understand there is work to be done  as there is no matter what job you undertake.  Imo £600 is excessive and is simply the council being money grabbing as usual.

However, if I'm going to go ahead with a holiday let.  I will have to pay the fee and hope for a positive outcome.  

My only argument would be is that someone I know has just had an approval for an application that was submitted on the 23rd January 2023 and paid a £300 fee.....I have been advised £600.  This will need to be questioned.  

user1977

Nikster73 said:

I understand there is work to be done  as there is no matter what job you undertake.  Imo £600 is excessive and is simply the council being money grabbing as usual.

The fees are set by the Scottish Government, not the council.

newsgroupmonkey_

Nikster73 said:

I understand there is work to be done  as there is no matter what job you undertake.  Imo £600 is excessive and is simply the council being money grabbing as usual.

However, if I'm going to go ahead with a holiday let.  I will have to pay the fee and hope for a positive outcome.  

My only argument would be is that someone I know has just had an approval for an application that was submitted on the 23rd January 2023 and paid a £300 fee.....I have been advised £600.  This will need to be questioned.  

I thought most councils were going bankrupt? They're obviously not doing a great job of money grabbing.