Legislation passed in 2022 sees a penalty applied to retrospective planning applications in Scotland.
The old saying goes “it’s easier to ask for forgiveness than permission”, but new Scottish Government Guidance puts paid to that logic.
The release of updated Regulation 6 of the Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022 provides the planning authority with the power to levy a surcharge of up to 25% on retrospective applications.
Beth Girvan, Cogeo’s Planning & Environmental Consultant comments “This legislation has clearly been designed to discourage development taking place before planning permission is sought. Whilst a lot of retrospective planning applications are the result of unfamiliarity with, or misunderstanding of, regulations, there are a lot of mechanisms that allow developers and landowners to have certainty over their obligations”.
“As well as pre-application enquiries, landowners and developers can use an Application for Prior Notification or a Certificate of Lawfulness to ensure they are compliant”.
The risk of not securing required consents prior to construction goes beyond the potential for enforcement action to be taken against a development. When it comes to leasing or selling a property, the lack of confirmation that planning permission is required can lead to delays as well as attracting the unnecessary 25% surcharge. And of course, there is a real risk that if planning permission is not granted the development will need to be removed and site re-instated.
“The simple rule of thumb is; always be confident whether your development needs planning permission” concludes Beth, “in planning it’s easier to ask for permission than forgiveness”
1 https://www.legislation.gov.uk/ssi/2022/50/contents/made
