GUIDANCE FOR SUBMITTING AN APPLICATION

TO THE PLANNING AUTHORITY

It is now possible to submit the full range of planning and related applications for consideration by East Ayrshire Council’s Planning and Economic Development Division by electronic means, via the internet. Such electronic applications can be submitted via the Scottish Government’s Portal, “Scottish Planning Online”. For further guidance on submitting your application go to https://eplanning.scotland.gov.uk/skin/pdf/UserGuide.pdf

The application forms used for submissions via the portal will be identical across Scotland. East Ayrshire Council consequently intends that the same forms be available for use by those who wish for the time being to continue to lodge applications in “hard copy” form. Copies of forms can be downloaded from the eplanning web site https://eplanning.scotland.gov.uk/WAM/

If you wish to continue to apply for planning permission manually, it would be helpful if you submitted your drawings in A3 format or by copying on to a CD. Please note that individual files on the CD must not be in excess of 10Mb for each document. For hard copies it is helpful to provide a quality of drawing that is clear and sharp to assist in the process of scanning your drawings into the electronic record.

All new applications will be made available to view online, when they are valid, and the ease of reference and clarity will be determined by the quality of the original. It is also helpful if drawings are clearly labelled with the drawing number and revision references, (where appropriate.) Providing unsigned drawings is preferable for scanning and redaction purposes.

The following information should therefore be noted as it will assist you in the completion and submission of your “hard copy” application. The application will not be validated until this information is received by the Council.

• Application forms and plans will be required for Householder Applications and all other applications.

• Scaled drawings / plans should be drawn to fit A3 size wherever possible.

• (Further details of the scale and content of drawings / plans are attached, Appendix 1)

• Applications should include the appropriate certificate of ownership. See guidance at https://eplanning.scotland.gov.uk/skin/IDOXForms/guidance/Land_Ownership_Certific ates_Guidance_PP_HH.pdf for householder applications.

https://eplanning.scotland.gov.uk/skin/IDOXForms/guidance/Land_Ownership_Certific ates_Guidance_LBC_CAC.pdf for Listed Building and Conservation Area Consent applications.

The appropriate fee should be selected from the scale of fees attached, Appendix 2).Officers will, on request, be happy to confirm the level of fee and any other chargesapplicable. Payment can be made by debit or credit card (including by telephone);cheques should be made payable to "East Ayrshire Council". If paying by cash, pleaseensure you are given a valid receipt. Please do not enclose cash when submitting yourapplication by post.

Certain categories of applications require to be advertised under Section 20 of the Town and Country Planning (Development Management Procedure)(Scotland) Regs 2008 as follows:

Where it is not possible for the Planning Authority to carry out neighbour notification interms of Regulation 18 because there are no premises on the neighbouring land;*

Where the applicant is unable to give notice to every person who is an owner ofthe land to which the application refers;

Where the application relates to development of one or more classes ofdevelopment specified in Schedule 3 (previously known as bad neighbourdevelopment);

Where the application relates to a development which does not accord with theprovisions of the development plan.

*Except householder applications

For these categories, an additional fee (see fees below) should be submitted by the applicant within 14 days of notification from the Planning Authority for advertising the application in the local press.

Application Amendments/Supporting Documentation

You may want to upload or post other documents to support your application (for example, site photographs or architects’ reports). We will now receive amended plans or post submission information through the online eplanning website. To do this log on to your account at

https://www.edevelopment.scot/eDevelopmentClient/CustomPages/login.aspx

and go to the Supporting Documentation in the Application summary page of your online submission.

GENERAL INFORMATION

• The Service processes planning applications for all of the East Ayrshire area.

Office Address:

The Opera House8 John Finnie Street

Kilmarnock

KA1 1DDContact phone no. 01563 576790

Fax no. 01563 554592

• Contact e-mail address for electronic correspondence –submittoplanning@east-ayrshire.gov.uk

ePLANNING – Online Planning Information System (OPIS)

All applications whether received electronically or in paper format will, when valid, be placed on line and will be available for public scrutiny through the Online Planning Information System (OPIS). Plans, drawings and other material submitted to East Ayrshire Council are protected by the Copyright, Designs and Patents Act 1988 (section 47). You may only use material which is downloaded and/or printed for consultation purposes, to compare current applications with previous schemes and to check whether developments have been completed in accordance with approved plans. Further copies must not be made without the prior permission of the copyright owner.

You may keep track of any application and make representations on the Council’s Web Site via OPIS at www.east-ayrshire.gov.uk/eplanning. In the interests of data protection, the Council will redact (conceal) all non-essential telephone numbers, e-mail addresses and signatures from all planning application related documents. We will also redact any submitted comments that are not material planning consideration, that are of an abusive or slanderous nature or which may be prejudicial to public safety.

Electronic Decision Plans – in adopting electronic processes to achieve efficiency savings hard copy plans will no longer be issued. You will receive a hard copy decision notice this will contain a web address directing you to the OPIS where the electronic decision plans will be available to download.

Use of the ePlanning services in the Council’s web site constitutes acceptance of East Ayrshire Council’s terms of service.

DATA PROTECTION

All information stored further to the submission and determination of planning and related applications will be used only for the purposes for which it was obtained / provided and in all cases consistent with the Date Protection Act 1998.

GENERAL NOTES

Any person who knowingly or recklessly issues a Planning Application Certificate which contains any statement which is false or misleading in a material particular is liable on conviction to a fine.

Applications submitted electronically will not be prioritised over paper applications. However, submission via the Scottish Government Portal features mandatory fields and uses a “progress bar” and such applications are more likely to be valid on receipt.

Proposals requiring permission under one piece of legislation may also require consent under related legislation; e.g. alterations or works to listed buildings may require both listed building consent and planning permission, depending on the development. Similarly, a further, separate application for permission under the Building (Scotland) Acts may be required for any development to be undertaken. The Building Standards Section can be contacted on 01563 576781.

Appendix1

Scale and Content of Drawings and Plans for Householder Applications

(1) 2 copies of a completed Planning Application Form.

(2) 1 copy of an appropriate completed Certificate of Ownership.

(3) The appropriate Fee* (see the scale of fees attached). Cheques should bemade payable to East Ayrshire Council.

NOTE: *If paying for your application by cash, please ensure that you are givena valid receipt. Please do not enclose cash when submitting your application bypost.

(4) 2 copies of a Location Plan. An Ordnance Survey based plan 1:1250 or

1:2500 is required to identify:

a) The site of the application clearly outlined in red;

b) Land in the applicants’ ownership, clearly outlined in blue, should also be

shown;

c) The location plan must identify the land to which the proposal relates and

its situation to the locality – in particular to neighbouring land (land which,

or part of which, is conterminous or within 20 metres of the boundary of

the land for which development is proposed.

d) For more Rural Areas please include, in addition, a 1:10,000 metricscaled plan, where 1:2500 does not adequately show the site in contextwith major roads.

(5) 2 copies of a Site Plan of a scale of 1:500 or smaller which should show:

a) The direction of North (a North point);b) General access arrangements, landscaping, car parking and open areas

around buildings;c) The proposed development in relation to the site boundaries and other

existing buildings on the site, with written dimensions including those tothe boundaries;

d) Where possible, all the buildings, roads and footpaths on land adjoiningthe site including access arrangements;

e) The extent and type of any hard surfacing;f) Boundary treatment including walls or fencing where this is proposed.

(6) 2 copies of Existing and Proposed Elevations to a scale of 1:50 or 1:100which should:

a) show the proposed works in relation to what is already there;B) show all sides of the proposal;C) indicate, where possible, the proposed building materials and the style,

materials and finish of windows and doors;D) include blank elevations (if only to show that this is in fact the case);E) where a proposed elevation adjoins another building or is in close

proximity, the drawings should clearly show the relationship between thebuildings, and detail the positions of the openings on each property.

(7) 2 copies of Existing and Proposed Floor Plans to a scale of 1:50 or 1:100which should:

a) explain the proposal in detail;b) show where existing buildings or walls are to be demolished;c) show details of the existing building(s) as well as those for the proposed

development;d) show new buildings in context with adjacent buildings (including property

numbers, where applicable).

(8) 2 copies of Existing and Proposed Site Sections and Finished Floor andSite Levels to a scale of 1:50 or 1:100 which should:

a) show a cross section(s) through the proposed building(s);b) where a proposal involves a change in ground levels, show both existing

and finished levels to include details of foundations and eaves and howencroachment onto adjoining land is to be avoided;

c) include full information to demonstrate how proposed buildings relate toexisting site levels and neighbouring development;

d) show existing site levels and finished floor levels (with levels related to afixed datum point off site), and also show the proposals in relation toadjoining buildings (unless, in the case of development of an existinghouse, the levels are evident from floor plans and elevations).

(9) 2 copies of Roof plans to a scale of 1:50 or 1:100 to show:

a) the shape of the roof and specifying details such as the roofing material,vents and their location.

CHECK LIST for HOUSEHOLDER APPLICATIONS

2 copies of the Planning Application Form (fully completed, signed and dated).

2 Sets of all Plans (location, site/block plan, floor plans and elevations, etc. All

submissions should have separate existing and proposed plans, where

relevant).

The application site is outlined in red

Land owned by the applicant is outlined in blue

1 copy of an appropriate Certificate of Ownership

The Appropriate Fee, (see below)

For more information and guidance on Planning please visit our website http://www.east-ayrshire.gov.uk/PlanningAndTheEnvironment/PlanningAndTheEnvironment.aspx

Appendix 2

Scale of Fees (April 2019)

Category of Development

I Operations

1. Construction of buildings, structures orerections for use as residential accommodation(other than development within category 6).

2. The erection of buildings (other than buildingscoming within category 1, 3, 4 or 6).

Fee Payable

Where the application is for—

a) planning permission in principle –

i) where the site area does not exceed 2.5hectares, £401 for each 0.1 hectare or£401 where only one dwellinghouse is tobe created by the development;

ii) where the site area exceeds 2.5hectares, £10,028 plus £100 for each 0.1hectare in excess of 2.5 hectares, subjectto a maximum in total of £62,500;

b) other than planning permission in principle –

i) where the number of dwellinghouses tobe created by the development does notexceed 50, £401 for each dwellinghouse;

ii) where the number of dwellinghouses tobe created by the development exceeds50, £20,050 plus £200 for eachdwellinghouse in excess of 50, subject toa maximum in total of£124,850.

Where the application is for—

a) planning permission in principle –

i) where the site area does not exceed 2.5hectares, £401 for each 0.1 hectare;

ii) where the site area exceeds 2.5hectares, £10,028 plus £100 for each 0.1hectare in excess of 2.5 hectares, subjectto a maximum in total of £62,500;

b) other than planning permission in principle –

i) where no floor space is to be created bythe development or where the area ofgross floor space to be created by thedevelopment does not exceed 40 squaremetres, £202;

ii) where the area of gross floor space to becreated by the development exceeds 40square metres but does not exceed 75square metres, £401;

iii) where the area of gross floor space to becreated by the development exceeds 75square metres but does not exceed3,750 square metres, £401 for each 75square metres (or part thereof);

iv) where the area of gross floor space to becreated by the development exceeds3,750 square metres, £20,050 plus £200for each 75 square metres (or partthereof) in excess of 3,750 squaremetres, subject to a maximum in total of£125,000.

3. The erection, on land used for the purposes ofagriculture, of buildings to be used foragricultural purposes ( other than buildings incategory 4).

4. The erection of glasshouses on land used forthe purposes of agriculture.

5. The erection, alteration or replacement of plantor machinery.

6. The enlargement, improvement or otheralteration of existing dwellinghouses.

7a) The carrying out of operations, including the erection of a building within the curtilage of an existing dwellinghouse, for purposes ancillary to the enjoyment of the dwellinghouse as such;

b) the erection or construction of gates, fences,walls or other means of enclosure along aboundary of the curtilage of an existingdwellinghouse; or

c) the construction of car parks, service roads andother means of access on land used for thepurposes of a single undertaking, where thedevelopment is required for a purposeincidental to the existing use of the land.

a) Where the application is for planningpermission in principle, £401 for each 0.1hectare of the site area, subject to a maximumof £10,028;

b) In all other cases—

i) where the ground area to be covered bythe development exceeds 465 squaremetres but does not exceed 540 squaremetres, £401;

ii) where the ground area to be covered bythe development exceeds 540 squaremetres, £401 plus £401 for each 75square metres ( or part thereof) in excessof 540 square metres, subject to amaximum in total of £20,055.

Where the ground area to be covered by the development exceeds 465 square metres, £2,321

Where the site area—

a) does not exceed 5 hectares, £401 for each 0.1hectare;

b) exceeds 5 hectares, £20,050 plus £200 foreach 0.1 hectare in excess of 5 hectares,subject to a maximum in total of £125,000.

Where the application relates to—

a) one dwellinghouse, £202;

b) 2 or more dwellinghouses, £401.

£202

£202

£202

8. The carrying out of any operations connectedwith the exploratory drilling for oil or natural gas.

9. The placing or assembly of equipment in anypart of any marine waters for the purposes offish farming.

9a) The construction of a hydro-electric generating station and the carrying out of any other operations in connection with the construction of the generating station, including the construction or installation of any means of access to the generating station, pipes or other conduits and overhead electric lines.

10. The carrying out of any operations not comingwithin any of the above categories.

II Uses of land

11. The change of use of a building to use as oneor more dwellinghouses.

Where the sites area—

a) does not exceed 7.6 hectares, £401 for each0.1 hectare;

b) exceeds 7.6 hectares, £30,476 plus £200 foreach 0.1 hectare in excess of 7.6 hectares,subject to a maximum in total of £125,000.

£183 for each 0.1 hectare of the surface area of the marine waters to be used in relation to the placement or assembly of any equipment for the purposes of fish farming and £63 for each 0.1 hectare of the sea bed to be used in relation to such development, subject to a maximum of £18,270.

£401 per 0.1 hectare up to a maximum of £20,055

In the case of operations for—

a) The winning and working of minerals—

i) where the site area does not exceed 15hectares, £202 for each 0.1 hectare;

ii) where the site area exceeds 15 hectares,£30,240 plus £100 for each 0.1 hectarein excess of 15 hectares, subject to amaximum in total of £125,000;

b) the winning and working of peat, £202 for eachhectare of the site area, subject to a maximumof £3,024;

c) any other purpose, £202 for each 0.1 hectare ofthe site area, subject to a maximum of £2,016.

Where the number of additional dwellinghouses to be created by the development—

a) does not exceed 50, £401 for each additionaldwellinghouse;

b) where the number of additional dwellinghousesto be created by the development exceeds 50,£20,050 plus £200 for each additionaldwellinghouse in excess of 50, subject to amaximum in total of £124,850.

12a) The use of land for the disposal of refuse or waste materials or for the deposit of material remaining after minerals have been extracted from land; or

b) the use of land for the storage of minerals in theopen.

13. The making of a material change in the use£401. of a building or land, other than a materialchange of use within category 11 or 12; or inthe use of equipment placed or assembled inmarine waters for the purposes of fish farming.

14. Since 3rd Aug 2009, the duration of planningpermission is no longer specified as a condition.Applicants are no longer able to preventplanning permissions granted after 2nd August2009 from lapsing by means of an applicationmade under Section 42. A ‘further application’for renewal of an unimplemented planningpermission must be made in accordance withthe provisions of Regulation 11 of the Town andCountry Planning (Development ManagementProcedure (Scotland) Regulations 2013.

NB This does not include consents whereby the Planning Authority has specified a duration outwith the statutory period (a temporary consent).

15. Section 42 applications of the Town andCountry Planning (Scotland) Act 1997(Determination of applications to develop landwithout compliance with conditions previouslyattached) include consents whereby thePlanning Authority has specified a durationoutwith the statutory period (a temporaryconsent) (with the exception of conditionsstating the statutory duration of a consent post3rd Aug 2009,as noted above in Category 14).

Advertisements

Applications for determinations as to whether the prior approval of the Authority is required for agricultural/forestry buildings, demolition of buildings, facilities for the collection of tolls, gas and electricity buildings protecting plant or machinery, all with permitted development rights.

Where the site area—

a) does not exceed 15 hectares, £202 for each 0.1hectare;

b) exceeds 15 hectares, £30,240 plus £100 foreach 0.1 hectare in excess of 15 hectares,subject to a maximum in total of £125,000.

Where the sites area—

a) does not exceed 15 hectares, £202 for each 0.1hectare;

b) exceeds 15 hectares, £30,240 plus £100 foreach 0.1 hectare in excess of 15 hectares,subject to a maximum in total of £125,000.

£401

Regulation 11 Applications will require payment of the "normal" fee ie that the development proposal would otherwise attract were it being considered for the first time.

£202 (If not exempt as a revision ie. application submitted with 12 months of grant of the Conditional permission)

£202

£78

Applications for a determination as to whether the prior approval of the planning authority is required with regard to the siting and appearance of a ground-based mast for supporting electronic communications apparatus.

Application for Certificates of Lawfulness for an Existing Use or operation or Activity in Breach of a Planning Condition.

Application for Certificates of Lawfulness for a Proposed Use or Development.

Hazardous Substances Consent

All applications for the Approval of Matters Specified in Conditions including those imposed on a grant of planning permission in principle, except as provided for below:

a) Where earlier AMSC applications have incurredfees equalling that for a full application for theentire scheme

CONCESSIONARY FEES AND EXEMPTIONS

Works to improve a disabled person’s access to a public building, or to improve access, safety, health or comfort at a dwellinghouse.

Applications (including advertisement applications) by Community Councils.

Applications required because of the removal of permitted development rights by a condition or by an Article 4 Direction.

Applications required because of the removal by a condition of a right to make a change of use within the Use Classes Order.

Playing fields (for sports clubs etc)

£300

The amount that would be payable in respect of an application for Planning Permission to institute the use or carry out the operations specified in the application.

Half the amount that would be payable in respect of an application for Planning Permission to institute the use or carry out the operations specified in the application, unless use as one or more dwellinghouse, in which case £401 for each house to a maximum of £20,055

£220

At the same rate as for full applications ie based on floor space or dwellinghouses involved

£401

No fee

Half the normal fee

No fee

No fee

£401

Revised or fresh applications for development or advertisements of the same character or description within 12 months of refusal, or of the making of the earlier application if withdrawn, or within 12 months of expiry of the statutory 2 months period where the applicant has appealed to the Scottish Ministers on the grounds of non-determination.

Revised or fresh application for development of the same character or description within 12 months of receiving permission.

Alternative schemes.

Development crossing Planning Authority boundaries, requiring applications.

NOTES

Advertising Charges

It will not be possible to process your application until these fees have been paid.

No fee

No fee

Highest of the fees applicable for each option and a sum equal to half the rest.

Only one fee paid to the Authority having the larger or largest site but several calculated for whole scheme, and subject to special ceiling.

Where the Planning Authority are required to advertise applications for Planning Permission in a local newspaper under the following circumstances, a fee of £142* is required to be submitted:

(a) Where the planning authority has not been ableto notify all neighbouring properties.

(b) Where the proposed development involves any“bad neighbour” activities.(See the separate list).

* This may be reviewed to reflect any changes in cost.