Development Management
Development Management is a system designed to control the use and the development of land. It is the name given to the process of handling and deciding planning applications and forms one of the most important functions of the Planning & Transport Division which is part of the Infrastructure Services Department. It is also the process that most often directly affects the public.
- Planning Application Forms and Guidance - ePlanning Scotland website
(Please remember to return Land Ownership Certificates and Notice to Owners and Agricultural Tenants.) - Development Management Process Information
- Application Information and Performance
- Planning Permission - Additional Forms and Guidance
- Modernising Planning
Forfar Conservation Area Character Appraisal and Proposed Boundary Amendments
- View the consultation document in this site's Have Your Say section.
Frequently Asked Questions
Who provides the service?
Development Management forms one section of the Planning & Transport Division of Angus Council and is managed by the Development Standards manager. For Development Management purposes, Angus is divided into two areas with Planning Officers reporting to one of two Senior Planning Officers. These Planning Officers are in the main responsible for non-householder planning applications in each area. Additional officers deal with householder applications (i.e. house extensions, alterations, etc.) for the whole of Angus. Two Enforcement Officers are also employed to investigate complaints and ensure compliance with planning regulations and conditions.
Officers within the Development Standards Section are generally available between 9.00 a.m. and 5.00 p.m. Monday to Friday to assist and offer advice to the public. It is advisable to make an appointment, as officers are required to be out of the office to visit sites and attend meetings.
Where are the local Development Standards Surgeries?
The local Planning Officer is available for consultation every fortnight locally as follows:
| Town/Location | Day & Time |
|---|---|
| Arbroath Library | Tuesday 1000-1200 (see dates for Arbroath (12 KB PDF) ) |
| Kirriemuir ACCESS Office | Monday 1400-1600 (see dates for Kirriemuir (12 KB PDF)) |
| Montrose ACCESS Office | Wednesday 1400-1600 (see dates for Montrose (12 KB PDF)) |
| Monifieth ACCESS Office | Thursday 1000-1200 (see dates for Monifieth (12 KB PDF)) |
What needs planning permission?
Planning permission is required for most forms of development. The term "development" has a legal definition but essentially it includes most activities involving building and engineering works and most changes of use of buildings and land.
There are, however, some minor forms of development which do not require planning permission. For instance laying a garden path or repainting the woodwork of your house.
In addition, certain types of development, termed "permitted development", are deemed to have automatic planning permission and therefore do not require an application. Permitted development is defined by The Town and Country Planning (General Permitted Development) (Scotland) Order 1992.
This page does not attempt to list the categories of permitted development, but examples include many garden sheds or greenhouses, fences, and walls of a certain height, house extensions (depending on size, position and height and whether or not the house has been extended before) and some temporary changes in the use of land.
In some instances permitted development rights may have been taken away by, for example, the imposition of conditions on a previous planning permission for the property and/or land involved or by an Article 4 Direction in a Conservation Area. Article 4 Directions apply to a number of our Conservation Areas and remove certain permitted development rights. Moreover, if a building or other feature is "listed" as being of Historical or Architectural Interest or is situated within a Conservation Area, approval will often be needed even if the development is otherwise Permitted Development and you are advised to contact the Development Standard's team in order to determine if permission or consent is required. Officers will always advise that formal enquires are made in writing.
Many buildings connected with agriculture and forestry also benefit from permitted development rights. However, since 1992 new controls have been introduced requiring the council to be notified in advance of any new building proposed.
In addition, the Town and Country Planning (Use Classes) (Scotland) Order 1997 sets out different categories of use of buildings or land. Changing from one use class to another will require planning permission if it does not fall within a category of permitted development.
The regulations are obviously complex and you are advised, therefore, to always check first with the Planning & Transport Division to find out whether or not you need to obtain planning permission. It is always best to put such requests in writing.
What should I do before making an application?
It is always advisable to check with the Planning & Transport Division to confirm if planning permission is required before undertaking any building works. No charge is made for advice on planning matters.
Having established that planning permission is required, you are encouraged to discuss your proposal with the planning officer on an informal basis. These pre-application discussions will provide you with an indication of the likely outcome of your proposal and will provide you with advice on the information that your application should include to ensure it can be determined in the shortest possible time. The officer may even be able to make suggestions that could turn a potential refusal into an approval.
Pre-application discussions or enquiries are dealt with by the Development Plan team and enquiries should be directed to Planning@angus.gov.uk
Please remember, however, that pre-application advice is informal and always subject to possible revision by the Head of Service/Senior Service Manager and/or the Development Standards Committee once the formal application has been received and thoroughly assessed after advertisement and consultation.
Of equal importance in many cases is securing the services of an appropriately qualified agent in the preparation and submission of plans.
Advice Notes, containing advice on specific types of development are available to view online or can be requested free of charge from the address below.
How do I make an application?
Applications must be submitted on the appropriate application forms, available from:
Planning & Transport Division
County Buildings
Market Street
Forfar DD8 3LG
The Application for Planning Permission pack, including guidance notes and application forms will be returned to you but you can also view the component parts online. In addition, submissions for planning permission can now be made online through Scottish Governments e-planning portal.
Parliamentary legislation demands that a fee be charged for the consideration of most applications. Details of these fees are set out in the Application for Planning Permission Pack and you should include the correct fee when submitting a planning application.
You will need to submit two copies of the application form, which include certificates relating to ownership of the property, four copies of the requisite plans, including a location plan and, of course, the fee.
It should be noted that, with effect from August 2009, Angus Council will undertake neighbour notification and will notify your neighbours of your application. If there are no premises on land neighbours your property the Council is required to advertise your application in the local press. The Council is required to recover the cost of that advertisement from you and this will represent a charge over and above the cost of the application.
My neighbour has applied for planning permission. How can I comment on it?
If you are an immediate neighbour, it is probable you will have had to be notified by the Council of his/her planning application.Applicants are obliged to inform owners or tenants should they apply for planning permission to carry out works to their land or buildings. Other members of the public have a right to view and comment on any planning application.
Weekly lists of applications are sent to all the local papers circulating in Angus and invariably the lists are published. Some kinds of application have to be advertised, including development affecting listed buildings or conservation areas and so-called "bad neighbour" development, e.g. pubs and hot food takeaway shops.
Any comments you wish to make should be made in writing as soon as possible. You can also submit comments online through the Council's Public Access facility.
The Neighbour Notification form or public advertisement will give a date by which comments should be received. If you have missed the time limit, telephone the Planning & Transport Division as the period for receiving objections can in some cases be extended. For more information, see How to Comment on a Planning Application (60 KB PDF) guidance note.
Your comments will be taken into account by officers in arriving at a decision and in some circumstances your comments will be reported in full to the Development Standards Committee. Although the majority of applications are determined under powers delegated to officers, if the application requires to be determined by Committee you will be informed in advance of the date of the Committee meeting (and furnished with a copy of the Director's report). Should you wish to address the committee, a written or telephoned request to the committee officer (Law and Administration) must be received in advance (by 5p.m. the evening before the committee meeting at the latest). Please note that when your letter of objection is submitted to the Council it will be in the public domain.
How is planning permission enforced?
Development undertaken without planning permission, alterations to listed buildings without consent or the failure to comply with conditions of a planning permission can result in the council serving an Enforcement Notice or Breach of Condition Notice. The Notice will state the breach of planning, the steps necessary to remedy the breach and the period for compliance.
The fact that unauthorised development has taken place does not automatically mean that enforcement action will be taken. The Council has a general discretion to take enforcement action when it is considered to be expedient to do so. An applicant, for instance, may seek retrospective consent for the unauthorised development. However, once issued, failure to comply with a Notice is an offence for which substantial fines can be imposed by the Courts.
The public often find it difficult to understand why an unauthorised use can continue. This can be due to an endeavour on the part of the planning authority to secure a solution before taking the potentially draconian measure of serving a Notice. It can also be due to the fact that a Notice can be appealed against and several months will then elapse before the appeal is determined.
In some cases a "Stop Notice" can be served to achieve an immediate cessation of unauthorised activities but as there are financial risks to the council in taking this course of action, it is used rarely and only when deemed unavoidable.
It is Government advice that enforcement action is only taken as a last resort where all other means of negotiation have been exhausted. However, there will be cases where negotiation cannot produce an acceptable solution and enforcement action will be the only means open to the Council if a breach continues.
If you consider that someone is carrying out development which may not have had planning permission, you should contact the Planning & Transport Division's Enforcement Officer. Any complaints received in this way will be investigated with the name of the complainer kept confidential.
Further information on planning enforcement, including service standards is available in the Planning Enforcement Charter (200 KB PDF).
Who do I contact for further information?
Development Standards Section
Planning & Transport Division
County Buildings
Market Street
Forfar DD8 3LG
Tel: 01307 461460
Fax: 01307 461895
Information is also available on the
Scottish Government's Planning & Building pages.
Service Page: devmanagement.htm
Service Details Last Reviewed : 26 November 2009