Prior Notifications (Windows in Conservation Areas)

The Regulations

In conservation areas class 7A of The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended) permits the alteration or replacement of windows on principal or side elevations which front a road subject to the following prior notification process.   Guidance on some of the terms used can be found here. 

Windows on rear elevations can be altered or replaced without going through this process. 

Prior notification is not required if the new or altered windows are the same or substantially the same as the existing windows.

You should seek advice from the Council to establish if prior notification is required in your case or not (please note there is a charge for this service). 

 
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.  If prior approval is required, 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 retrospective planning permission will be required and there is a 25% surcharge on the planning application fee for retrospective proposals.

  The need for Environmental Impact Assessment (EIA) will be considered.  

What we consider

In considering a prior notification the Council can only consider the design and external appearance of the windows.

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

The Council has a statutory obligation to preserve or enhance the character or appearance of a conservation area.

What you need to provide

The following must accompany every application for prior notification:

• Application form;
• 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.;);
• Site plan 1:500 or 1:200;
• Existing elevations or photographs;
• Scaled drawings of proposed elevations (1:50 or 1:100);
• details of the existing windows;
• a windows schedule;
• sections of the proposed windows (1:20).

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