Planning Permission for Backcourts
Any major redevelopment works will require a range of planning approvals. In general, it is the responsibility of the professional staff on the design team to ensure that all the legal consultations are undertaken and applications are submitted and approved. The following is a short guide to this process.
Planning Authority
The planning authority is, in almost every case, the local authority. They are responsible for making sure any development happening in their area is generally beneficial, is carried out safely and meets the local policies and strategies. The projects they approve have to comply with national guidelines and local area plans.Planning consent
A full planning consent from the local council will normally be required if the proposed works to backcourts, or their adjacent surroundings, alter the existing physical layout. The exception is if the works are simply replacing like for like – for example, replacing existing paths with new materials; replacing existing fences with new fences which match the existing design, colour and height; maintenance/replacement of planted beds and grass in the same area.Planning application forms are available from the local council. Pre-application meetings are recommended with the local planning department, to ensure that any issues specific to the proposals are considered and to avoid proposing designs which might be rejected. Statutory fees are required, and are increased at times, so it is best to check with the council at the time of the submission what the fee will be.
It is important to note that all owners within the application site, including housing associations, private owners, and tenants with seven or more years to run in their lease, require to be listed with names and addresses in the ‘owners’ section of the application. This is a separate requirement from notifying all neighbours, which does not require actual names of parties. The professional designer employed should keep applicants advised of these and other legal requirements.
Conservation Area Consent
A conservation area consent may also be required if any of the application site is within a designated conservation area. The planning officer should raise this at the pre-application stage if it applies to the application. An officer dealing with heritage or conservation may become involved in the discussions. While there are many tenements with architectural and historical merit, backcourts do not often contain any elements worth retaining. However, in an area of conservation, it will be worthwhile considering the materials and designs used.Building Warrant
A building warrant is a separate requirement to a planning application, but is also awarded by the local council. This warrant may be required if the works are going to involve the construction of new paths, bin stores enclosures, fences and walls in excess of 1.8 – 2.0 metres high, new steps and retaining walls. The local council building control department will have an interest if there are changes to paths and bin stores.Council owned land
Many backcourts contain areas of council owned land – paths, bin route access etc. A Section 56 agreement is required if the proposed works include areas of council owned land. Sometimes paths or bin route accesses included in the works may have to cross areas owned by the council, or adopted by them for maintenance purposes. The application has to provide details of construction to the council, which show that the construction will comply with the council’s approved standards.Consultation & Objections
Anyone who can show they will be affected by your project can lodge an objection, which can delay or stop the development. The best way to deal with objections is to try and avoid them arising in the first place. This can be done by making sure that everyone concerned is fully aware of the plans, has had a chance to raise objections and have them taken seriously, and that legitimate concerns have been dealt with constructively. While the professional design team can support this, it is up to the landlords and/or residents to deal considerately with their tenants and/or neighbours.It may also be worthwhile considering consultation with other groups that require regular access to the backcourt – for example the waste collection teams. They will have another perspective to add to the design of the project.
Finding out more
Your local authority will have information on submitting planning applications. Contact the Planning Department directly.Planning Aid for Scotland provides a free, professional advice service which can help you understand and engage more effectively in the planning system, whether you are planning a development or wishing to object to one. Their information sheets are available from their website.
Helpline number 0845 603 7602.
download Planning Permission information sheet
