Prior Notifications (Residential and Flexible Commercial Use)

The Regulations

The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Amendment Order 2020 came into force on 1 April 2021.  The order introduces new permitted development rights (classes 18b & C & 22a & b) which permits the limited conversion of agricultural and forestry buildings to houses or a flexible commercial use subject to the following process.  

The Process

Developers can submit a prior notification for determination as to whether or not prior approval is required.  The Council has 28 days to respond to prior notification and if we do not respond within that period the development can go ahead.   The Council is likely to respond in every case.  The response will either be prior approval is not required in which case development can proceed or prior approval is required in which case there is further procedure to through.   If prior approval is required, we will send you another simple form to complete and the decision letter will make clear if any additional information is required. Sometimes no additional information is required.  In these circumstances development cannot proceed unless prior approval is granted.   You have a right of appeal to Scottish Ministers against any decision made on or condition attached to a prior approval.   You can also appeal against non-determination if the prior approval is not determined within 8 weeks.  
Prior Notification cannot be submitted retrospectively.  If you have already started works then planning permission will be required.  

What you can do

Residential

• Change of use of agricultural or forestry buildings to a house including replacement windows, doors, roof and exterior walls
• Install water, drainage and other services
• Provide access and parking
• Partial but not complete demolition

Flexible Commercial Uses

• Change of use of agricultural or forestry buildings to a flexible commercial use or change one flexible commercial use to another
• Replacement windows, doors, roof and exterior walls
• Install water, drainage and other services
• Provide access and parking
• Partial but not complete demolition
• Flexible commercial use is :
• Class 1 (retail), 2 (financial, professional and other services), 3 (food and drink not including hot food for takeaway), 4 (business), 6 (storage and distribution) and 10 (non-residential institutions)
• A flexible commercial use is a sui generis use  so any change of use from a flexible commercial use to another flexible commercial use needs another prior notification and a change of use from a flexible commercial use to a use that is not a flexible commercial use is likely to need planning permission

What you cant do

The following limitations apply

• The building you are applying to convert  must have been in agricultural or forestry use on 4 November 2019 or last used for that purpose;
• The building must be suitable for conversion;
• The floor space must not exceed 150sqm for residential conversions and 500sqm for flexible commercial uses.  Partial conversion is not allowed;
• No more than 5 units are permitted in one agricultural holding or within 1 converted forestry building;
• The development must not extend beyond the existing external dimensions of the building;
• The building must not be sited on croft land (this does not apply in relation to flexible commercial uses) must not be listed or within the curtilage of a listed building, be a site of archaeological interest or a within a safety hazard area;
• You should be aware that most householder permitted development rights (i.e extensions, sheds etc) do not apply to houses created under class 18B and 22A

Permitted Development rights may not apply if the land is a covered by a designation such as National Scenic Area (NSA), Special Area of Conservation (SAC) or a Special Protection Area (SPA).  Please contact us for further advice if you think that might apply to your case.  
The need for Environmental Impact Assessment (EIA) will be considered.  

What we consider

The matters we consider when assessing a prior notification or prior approval are as follows:

• the design or external appearance of the building,
• the provision of adequate natural light in all habitable rooms of the dwelling,
• the impacts of the proposed development on transport,
• access to the dwelling,
• the impacts of noise on residents or occupiers of the building if used as a dwelling,
• risks to occupiers of the proposed dwelling from contamination from the site and
• the risk of flooding of the site.

For flexible commercial uses these are:

• the design or external appearance of the building,
• the impacts of the proposed development on transport,
• access to the building,
• the impacts of noise on those using the building or as a result of the development,
• risks to those using the building from contamination from the site and
• the risk of flooding of the site

Please make sure that you provide sufficient information to cover all these matters.  

What you need

The following must accompany every application for prior notification:

• Application form (please note that the correct form is not currently available though the planning portal)
• Fee
• Location Plan (1:2500 or 1:5000) – this must show the building in the context of the wider area.  The application site must be outlined in red and any adjoining land in the same ownership should be outlined in blue.  
• Farm plan (where the application relates to the conversion of a farm building) – A dated plan that includes SGRPID Farm Unit Plan with agricultural holding number and identifies any other units that have already been converted under these classes.
• Site plan 1:500 or 1:200
• Existing and proposed elevations
• Existing and proposed floor plans

Development permitted under this class must be carried out within 3 years with the date of determination.