Conservation Area Consent Form

Guidance Notes

Application For Conservation Area Consent For Demolition In A Conservation Area.

Planning (Listed Building And Conservation Areas) (Scotland) Act 1997.

The Town And Country Planning (Listed Buildings In Conservation Areas) (Scotland)

Regulations 1987.

Planning Circular 9 2009 Withdrawal and Replacement of the Memorandum of Guidance on listed buildings and conservation areas

Scottish Historic Environment Policy SHEP

Scottish Planning Policy 23 – Planning and the Historic Environment SPP 23

Managing Change in the Historic Environment Guidance Series

The Conservation Area Consent Form allows you to apply for consent to demolish a

building in a conservation area. This form is to be submitted as part of your

proposal, and applies only when your proposal site is in a conservation area and the

building is not listed.

These guidance notes provide clarification and further information to help you

complete each section of the form.

When To Use This Form

1. This form should be used for proposals which involve total or substantial

demolition of any unlisted building/structure in a conservation area.

2. If you are seeking consent to demolish a listed building in a conservation area,

you need to obtain Listed Building Consent rather than Conservation Area

Consent.

3. If the building and/or site is a scheduled monument, you need to obtain

scheduled monument consent from Historic Scotland, acting on behalf of

Scottish Ministers. Further advice should be obtained direct from Historic

Scotland for any works involving a scheduled monument.

4. Listed buildings are exempt from the requirements of Conservation Area

Consent. Section 67(1) of the Planning (Listed Building and Conservation

Areas)(Scotland) Act 1997 also excludes demolition of an ecclesiastical building

in ecclesiastical use, the demolition of a scheduled monument, and the

demolition of any building in certain exempted categories specified in the

direction on the part of Scottish Ministers, from the need for conservation area

consent.

Information Required

5. You need in this form to describe the extent of the proposed demolition

accurately and concisely. You should specify whether or not the proposal

involves complete or substantial demolition of buildings. You should note that

Conservation Area Consent is only required for total or substantial demolition

works to unlisted building and structures in conservation areas. You do not need

consent to demolish a building which has a volume less than 50 cubic metres, or

for part demolition of buildings, or for minor alterations to gates, walls and

fences even within a conservation area. Such works may, however, require

planning permission if the site is an “Article 4” Area (i.e. where the planning

authority has secured additional controls to protect the character of an area).

Check with your planning authority if you are not clear about this.

NB: In general terms as indicated above, the demolition of an unlisted building in a conservation area without Conservation Area Consent, is a criminal offence.

Information on conservation areas

6. Planning authorities have a duty under Section 61 of the Planning (Listed

Buildings and Conservation Areas) (Scotland) Act 1997 to designate

conservation areas as a way of preserving and enhancing the character and

appearance of parts of their areas which have special architectural or historic

interest. Designation gives greater control over the demolition of buildings and

provides the basis for policies designed to preserve or enhance all the aspects of

character or appearance that define an area’s special interest.

7. You can find information about conservation areas in local plans and on your

planning authority’s website. Information may be available on a GIS or map

search facility.

General Guidance for Conservation Areas

8. As a general guide, the provisions of the SHEP and SPP 23 helpful. Some key

points are as follows.

• The planning authority is required by law to ensure that the decisions they

take will ensure that the character of the conservation area will be

preserved and enhanced.

• In deciding whether consent should be granted, planning authorities should

take account of the importance of the building to the character or

appearance of any part of the conservation area, and of proposals for the

future of the cleared site.

• If the building is considered to be of any value, either in itself or as part of a

group, a positive attempt should always be made to achieve its retention,

restoration and sympathetic conversion to some other compatible use before

proposals to demolish are seriously investigated.

• In some cases, demolition may be thought appropriate, for example, if the

building is of little townscape value, if its structural condition rules outs its

retention at reasonable cost, or if its form or location makes its re-use

extremely difficult. Structural surveys and/or financial justifications will

usually be required to support such a case.

• In instances where demolition is to be followed by re-development of the

site, consent to demolish should in general be given only where there are

acceptable proposals for the new building. Hence it is important that you

note in the form if you are submitting an application for planning permission

for new development at the same time.

9. Detailed plans for an acceptable replacement building should be available before

Conservation Area Consent is granted for demolition, particularly where a

building to be demolished is of architectural value, either in itself or as part of a

group, or occupies an important site within the conservation area.

Plans And Particulars Required

10. The application must be accompanied by sufficient particulars to identify the

building to which it relates, including a plan; such other plans and drawings

necessary to describe the proposed works; and such other particulars as may be

required by the authority. It is not possible to make an application for “outline”

consent; you are required to give sufficient details to enable the impact of the

works on the conservation area to be assessed at this stage. You should

therefore consider submitting an application for full planning permission at the

same time as making this application.

11. You will need to submit a location plan. It is recommended that this is at a

scale of 1:1250 or 1:2500 (or larger), showing at least two named roads and

surrounding buildings. The properties shown should be numbered or named to

ensure that the exact location of the application site is clear. The application site

must be edged clearly with a red line. It should include the building and all land

attached. A blue line must be drawn around any other land owned by the

applicant, close to or adjoining the application site.

12. In addition, you must provide adequate information – plans and elevations,

and/or photographs – to clearly show the building that is proposed for

demolition.

13. You should provide supporting information to address the points that will enable the planning authority to give effective and efficient consideration of your application. This should set out your case for demolition on one or more of the following:

• If you believe that the building does not make a positive contribution to the character of the conservation area, you should include a statement outlining the evidence to support this assertion;

• If you believe that the building is incapable of repair, a detailed survey should be provided highlighting the issue(s) which cannot be resolved;

• If you believe that the building is capable of repair but that this is not economically viable to achieve, a detailed survey should be provided together with a priced schedule of works for the repair of the building and evidence of the value of the building once repaired. In addition, it will normally be important to show that the building has been marketed for a reasonable period, normally not less than 6 months;

• If you believe that the replacement scheme offers significant community benefits a statement should be provided which explains the nature of these benefits and how they cannot be realised if the building is retained.

• If your proposal is not to rebuild but to use the cleared area for parking,

access or amenity purposes, the authority has to consider whether these

purposes are reasonable, and whether the existence of an area of ground

without a building will be in character with the current building density in the

conservation area. Information which is submitted in support of the

application should therefore address the question of preservation and

enhancement of the character of the conservation area.

• In the past, unsightly gaps have appeared in conservation areas as a result of

premature demolition, and have resulted in unsatisfactory development,

allowed primarily to fill those gaps. To avoid this happening, planning

authorities are requested to consider the long term future of a particular site

rather than considering the reasons for demolition in isolation. Your

supporting information should address these points.

Further guidance is set out within the SHEP and Historic Scotland’s Managing

Change in the Historic Environment Guidance Series

Certificates Of Ownership And Neighbours

13. In addition you must complete the appropriate Certificates of ownership –

Certificate A, B, C, or D - in relation to the application site. You need not be the

owner of the building or the structure to apply for permission, but if you are not

the owner (or the only owner), the procedures require that you serve a Notice

on the owner. If you do not know who the owner is then an advert will have to

be placed in a newspaper. If you are unsure about the necessary procedures

you should contact the planning authority. These Certificates are all contained

within the on-line form.

14. No fee is required. There are also no neighbour notification procedures to be

carried out. Although you are not required to notify neighbours, you may wish

to advise them informally.

What Do The Planning Authority Take Into Account In Making A Decision?

15. The planning authority must have regard to the desirability of preserving or

enhancing the character or appearance of the conservation area in exercising

their responsibility under the planning legislation, and this statutory duty should

always be borne in mind when considering demolition applications. As set out

in SPP 23 para 42 “The general presumption should be in favour of retaining

buildings that make a positive contribution to the character or appearance of

conservation areas, particularly where it can be demonstrated that the building

is able to support a new viable use, or might be so capable in the future”

16. To assist you, the planning authority may have specific policies or guidance

notes relating to the types of development in conservation areas which may be

acceptable. They may have a Conservation Area Character Appraisal specific to

the particular conservation area. You may find that by making a small

amendment to your proposals you can meet the authority’s planning and design

objectives. You may also wish to discuss your proposal before you send in your

application by seeking pre-application advice from your planning authority. For

details of relevant policies and guidance about arrangements for pre-application

discussions, please look at your planning authority’s website.

Decision On Your Application

17. The decision which is made will be to grant Conservation Area Consent – either

with or without conditions - or to refuse consent. It is normal for a grant of

consent to have conditions attached. Planning authorities usually wish to control

the timing of demolition works, and link these to future redevelopment (if

appropriate) to ensure that the site is not left vacant for a long period. It is also

usual to have conditions requiring some record to be made of the building or

structure before it is demolished.

What Happens If Consent Is Refused?

18. If the planning authority refuses Conservation Area Consent you have a right of

appeal to the Scottish Ministers against their decision.

Electronic Submission Of Application

19. Under the terms of Regulation 8A(4) of The Town and Country Planning (Listed

Buildings in Conservation Areas) (Scotland) Regulations 1987, please note that

by submitting your application for Conservation Area Consent using this form

you are deemed to have agreed to the following:

a. to the use of electronic communication for all purposes relating to the

application; and

b. that the electronic address you have used is the one which will be

incorporated into the application

unless you advise the planning authority in writing that you wish to revoke the

agreement.

FOR OFFICIAL USE ONLY Reference No(s): Registration Date

Planning (Listed Building and Conservation Area) (Scotland) Act 1997 Town And Country Planning (Listed Building and Buildings in Conservation Area)(Scotland) Regulations 1987

1

Please refer to the accompanying Guidance Notes when completing this application

APPLICATION FOR CONSERVATION AREA CONSENT

Applicant's Details

Forename Surname

Company Name Building No./Name

Address

Telephone (inc. STD Code)

Postcode

Mobile

Fax Email

Title

Agent's Details

Company Name Agent Ref No.

Forename Surname

Building Number Building Name

Address

Postcode

Telephone Extension Mobile

Fax Email

3Address or Location of Proposed Development (please include postcode)

Postcode

NB. If you do not have a full site address please describe/identify the location of the site or sites in your

accompanying documentation.

2

What is t his proposal for? If substantial, please give details of the extent of demolition works: Preferred units: Have the works already been started or completed? If yes, please state date of completion, or if not completed, the start date: If yes, please explain why work has already take place in advance of making this application.

4Extent of Demolition Proposed

Substantial demolition Complete demolition

Square Metres Cubic Metres

Size of existing building/structure in total:

Size of part to be demolished:

Yes No

Date:

5 Pre-Application Discussion

Have you received advice from the planning authority in relation to this proposal? If yes, please provide details about the advice below: In what format was the advice given? Please provide a description of the advice you were given and who you received the advice from:

Yes No

Meeting Telephone Call Letter Email

Name:

Reference Number: Date:

6What are your proposals for the site after demolition?

Are there any current applications or existing consents or permissions for this site If yes, please state the number of current applications or existing consents of permissions: For each application, please describe the application and include the planning application reference number(s): Are you submitting an application for Planning Permission or other consent(s) at the same time as this application? If yes, please provide brief details of the proposed development and after use of the site:

Yes No

Yes No

7Planning Service Employee/Elected Member Interest

Are you or is the applicant, or the applicant's spouse/partner, a member of staff within the planning service or an elected member of the planning authority? Or, are you/the applicant/the applicant's spouse or partner a close relative of a member of staff in the planning service or elected member of the planning authority? If you have answered yes please provide details:

Yes No

Yes No

DECLARATION

I, the applicant/agent certify that this is an application for conservation area consent as described in the form. The accompanying plans/drawings and additional information are provided as part of this application.

8

Signature:

Name:

Date:

LAND OWNERSHIP CERTIFICATES CERTIFICATES AND NOTICES UNDER ARTICLE 8 - TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) (SCOTLAND) ORDER 1992 ("GDPO 1992") The procedures for making a planning application apply equally to owners, tenants and lessees of houses, flats and maisonettes. You may apply for permission if you are not the owner of a house, but you are required to serve a notice on the owner. You must ensure that where you need to serve a notice on an owner that this is carried out in accordance with the legal requirements.

YOU MUST FILL IN AN APPROPRIATE CERTIFICATE OF LAND OWNERSHIP. IF YOU DO NOT OWN ALL OF THE LAND OR PROPERTY TO WHICH THIS APPLICATION RELATES, YOU MUST NOTIFY ALL THE OWNERS. YOU MUST ALSO NOTIFY AGRICULTURAL TENANTS, IF APPLICABLE, AT THE SAME TIME AS SUBMITTING THIS FORM. IF YOU ARE UNABLE TO CONTACT RELEVANT PARTIES THEN PLEASE DISCUSS WITH YOUR PLANNING AUTHORITY. You do not need to have any legal interest in the land to which the application relates when you apply for planning permission, nor do you require the consent of the owner. But, if you do not own the land to which the application relates, you are legally required to give notice of the making of the planning application to the owner and to any agricultural tenant of the land.

For the purpose of making a planning application, a person is regarded as the owner if, 21 days before the date of the planning application, they are the owner, or are the tenant under a Lease which still has 7 years to run. You must complete the appropriate Certificate of Ownership for your application to be validated by the planning authority.

Please note that if you are applying for permission for mineral extraction, you have to complete a different set of certificates, and you must publicise your proposal in the local press and in a notice displayed on the land.

Recorded Delivery is the preferred method of sending out notices since the receipt provides proof of delivery in the event of a dispute. First class post or hand delivery is also acceptable.

LAND OWNERSHIP CERTIFICATES Article 8(8)

Town & Country Planning (General Development Procedure) (Scotland) Order 1992

Form 1 [Note 1] I hereby certify that – (1) No person other than *myself/the applicant was an owner [Note 2] of any part of the land to which the application relates at the beginning of the period of 21 days ending with the

date of the accompanying application. (2) None of the land to which the application relates constitutes or forms part of an agricultural holding. Signed _____________________________ * On behalf of _____________________________ Date _____________________________ * delete where inappropriate Note 1 – Form 1 is for use where the applicant is the only owner and the land is not an agricultural holding. Note 2 – Any person who, in respect of any part of the land, is the owner or is the lessee under a lease thereof of which not less than 7 years remain unexpired.

Form 2 [Note 3] I hereby certify that – (1) No person other than *myself/the applicant was an owner [Note 4] of any part of the land to which the application relates at the beginning of the period of 21 days ending with the

date of the accompanying application; or – (1) *I have/The Applicant has served notice on every person other than *myself/the applicant who, at the beginning of the period of 21 days ending with the date of the accompanying

application was owner [Note 4] of any part of the land to which the application relates. These persons are: NAME ADDRESS DATE OF SERVICE OF NOTICE

(2) None of the land to which the application relates constitutes or forms part of an agricultural holding; or – (2) The land or part of the land to which the application relates constitutes or forms part of an agricultural holding and *I have/the applicant has served notice on every person other than

*myself/himself who, at the beginning of the period of 21 days ending with the date of the accompanying application was an agricultural tenant. These persons are: NAME OF TENANT {Note 5] ADDRESS DATE OF SERVICE OF NOTICE

Signed _____________________________ * On behalf of _____________________________ Date _____________________________ * delete where inappropriate Note 3 – Form 2 is for use where Form 1 does not apply but where it has been possible to notify all the owners and agricultural tenants. Note 4 – Any person who, in respect of any part of the land, is the owner or is the lessee under a lease thereof of which not less than 7 years remain unexpired. Note 5 – If you are the sole agricultural tenant enter "None".

HERE BELOW IS THE FORM YOU NEED TO COMPLETE AND SERVE ON THE OWNERS AND AGRICULTURAL TENANTS

NOTICE 1 – FOR SERVICE ON INDIVIDUALS To

Name (if known): ______________________

Address: ____________________________

____________________________________

____________________________________

NOTICE TO OWNERS AND TENANTS OF AGRICULTURAL HOLDINGS

Town and Country Planning (General Development Procedure) (Scotland) Order 1992 Notice under article 8(2)(a) and (3)(a) if application for planning permission for service on owners and tenants of agricultural holdings

Proposed development at [Note 1] ____________________________________________

____________________________________________ TAKE NOTICE 1. that application is being made to

[Note 2] ________________________________________ by [Note 3] ________________________________________ for planning permission to [Note 4] _______________________________________________________________

_______________________________________________________________ ; 2. if you wish to make representations about the application you should make them in writing not later than

[Note 5] _______________________________________________________________

to the council at [Note 6] _______________________________________________________________

(The grant of planning permission does not affect owner's rights to retain or dispose of their property unless there is some provision to the contrary in an agreement or lease. The grant of planning permission for non-agricultural development may affect agricultural tenant's security of tenure.) Signed _____________________________

* On behalf of _____________________________

Date _____________________________ * delete where inappropriate [Note 1] Insert address or location of proposed development. [Note 2] Insert name of Council. [Note 3] Insert name of applicant. [Note 4] Insert description of proposed development. [Note 5] Insert date not less than 21 days later than the date on which the notice is served. [Note 6] Insert address of Council.

Town & Country Planning (General Development Procedure) (Scotland) Order 1992

Form 3 [Note 1] I hereby certify that – (1) *I am/The applicant is unable to issue a certificate in accordance with sub-paragraphs (b)(i) or (ii) of article 8(8) in respect of the accompanying application; (2) No person other than *myself/the applicant was an owner [Note 2] of any part of the land to which the application relates at the beginning of the period of 21 days ending with the date of

the accompanying application. or – (2) *I have/the applicant has been unable to serve notice on any person other than *myself/the applicant who, at the beginning of the period of 21 days ending with the date of the

accompanying application, was owner [Note 2] of any part of the land to which the application relates. or - (2) *I have/The applicant has served notice on each of the following persons other than *myself/the applicant who, at the beginning of the period of 21 days ending with the date of the

accompanying application, was owner [Note 2] of any part of the land to which the *application/appeal was owner [Note 2] of any part of the land to which the application relates. These persons are:

Name Address Date of service of notice (3) None of the land to which the application relates constitutes or forms part of an agricultural holding; or – (3) The land or part of the land to which the application relates constitutes or forms part of an agricultural holding but *I have/the applicant has been unable to serve notice on any person other

than *myself/the applicant who, at the beginning of the period of 21 days ending with the date of the accompanying application was an agricultural tenant; or - (3) The land or part of the land to which the application relates constitutes or forms part of an agricultural holding *I have/the applicant has served notice on each of the following persons other

than *myself/himself who, at the beginning of the period of 21 days ending with the date of the application was an agricultural tenant. These persons are: Name of tenant [Note 3] Address Date of service of notice

(4) I have/The applicant has taken reasonable steps, as listed below, to ascertain the names and addresses of the other owners or agricultural tenants and *have/has been unable to do so – [Note 4] _______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ (5) Notice of the application has been published in the [Note 5] ______________________________ on [Note 6] _________________________ Signed _____________________________ * On behalf of _____________________________ Date _____________________________

*Delete where inappropriate Note 1 – Form 3 is for use where it has not been possible to notify all the owners and agricultural tenants. Note 2 – Any person who, in respect of any part of the land, is the proprietor of the dominium utile or is the lessee under a lease thereof which not less than 7 years remain unexpired. Note 3 – If you are the sole agricultural tenant enter “None”. Note 4 – Insert description of steps taken. Note 5 – Insert name of local newspaper circulating in the locality in which the land is situated. Note 6 – Insert the date of publication, which must be earlier than the beginning of the period of 21 days ending with the date of the application or appeal.

NOTICE 2

Town and Country Planning (General Development Procedure) (Scotland) Amendment (No.2) Order 1992

Notice under article 8(2)(b), (3)(b) and (3)(c) of application for planning permission for publication in local newspaper or for public notice

Proposed development at [Note 1] __________________________________________________________________________ NOTICE is hereby given that – 1. application is being made to – [Note 2] _________________________________________________________________________________________________________Council by [Note 3] _____________________________________________________________________________________________for planning permission to [Note 4] __________________________________________________________________________________________________________________ 2. any owner [Note 5] of the land to which the application relates, who wishes to make representations to the above-mentioned council about he application should make them in writing not

later than [Note 6] to the council at [Note 7] ____________________________________________ * On behalf of _____________________________ Date _____________________________

*Delete where inappropriate

Note 1 – Insert address or location of proposed development. Note 2 – Insert name of council. Note 3 – Insert name of applicant. Note 4 – Insert description of proposed development. Note 5 – Any person who, in respect of any part of the land, is the proprietor of the dominium utile or is the lessee under a lease of which not less than 7 years remain unexpired. Note 6 – Insert date not less than 21 days later than the date on which the notice is published. Note 7 – Insert address of the council.

HERE BELOW IS THE FORM YOU NEED TO COMPLETE IF THIS IS A MINERALS APPLICATION

FORM 4

TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) (SCOTLAND) ORDER 1992

I hereby certify that:- (1) No person other than *myself/the applicant was an owner (a) of any part of the land to which the application relates at the beginning of the period of 21 days ending with the date of the accompanying appeal; OR:- (1) *I have/the applicant has served notice on each of the following persons other than *myself/the appellant who, at the beginning of the period of 21 days ending with the date of the accompanying application, was owner (a) of any part of the land to which the application relates. These persons are: Name(b) Address Date of service of notice (2) None of the land to which the application relates constitutes or forms part of an agricultural holding; OR:- (2) The land or part of the land to which the application relates constitutes or forms part of an agricultural holding and *I have/the applicant has served notice on each of the following persons other than *myself/the applicant who, at the beginning of the period of 21 days ending with the date of the application, was an agricultural tenant. These persons are: Name of tenant(c) Address Date of service of notice (3) Notice of the application as set out below has been published- in the (d).................................. in the (e).......................................................... (4) Notice of the application has been displayed by public notice at ………………………………………………………………………………………………………… …………………………………………………………………………………………………………… from.................................................................to....................................................................... (5) *I have/the applicant has cause to rely on article 8(7). The circumstances are …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… Signed.............................................................................................. *On behalf of.................................................................... Date...............................................

*Delete where inappropriate Notes (a) Any person who, in respect of any part of the land, is the owner or the lessee under a lease of which not less than 7 years remain unexpired, or is entitled to an

interest in any minerals other than oil, gas, coal, gold or silver. (b) If no owner has been notified enter “None”. (c) If the appellant is the sole agricultural tenant or if no agricultural tenant has been notified enter “None”. (d) Insert name of local newspaper circulating in the locality in which the land is situated. (e) Insert the date of publication, which must not be earlier than the beginning of the period of 21 days ending with the date of the appeal.