Agri permitted development response - prior approval is required

[Galileo]

Scottish planning and in particular agricultural permitted development "prior notifications" are a bit of a mystery to me, and whilst not housing related, maybe someone can help!

 

I put in a prior notification for a new private way (aka farm track) and received a reply that "The development has been noted, and the Planning Authority has determined that prior
approval is required."

 

My internet searches have not come up with much on this, other than "If the planning authority tell you that you need prior approval, they may ask you to make changes to your
proposal or provide extra information. If so, please do this." with no indication of when, how or what. The letter from the council just adds "This is in respect of the design, manner of construction or route of the private way due to the proximity of the proposed development to water and the likely presence of otters in the area."

 

It's a not a refusal, that would have been clear, so do I wait, do I need to do anything else here?

Edited May 22 by Galileo

[IanR]

The Agri PD comes with a number of caveats, and the Prior Notice is required for you to set out why you believe you meet those requirements, saving a possible dispute later, after you have completed the development.

Assuming you a over 5 ha (I don't think tracks are PD under 5 ha), then you need to look up the conditions required for Class A Permitted Development, A2. (2)(b)the formation or alteration of a private way.

Ref. https://www.legislation.gov.uk/uksi/2015/596/schedule/2/part/6/crossheading/class-a-agricultural-development-on-units-of-5-hectares-or-more/made

 

Condition (i) is:

Quote

the developer must, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to the siting, design and external appearance of the building, the siting and means of construction of the private way, the siting of the excavation or deposit or the siting and appearance of the tank, as the case may be;

 

Hence for the need for the Prior Notice Application.

 

It's typical to run through all the relevant "Development not permitted" clauses and state why these do not apply to your proposed development, and then go through all the conditions and ensure you will/can meet those. You'll need to add a Block Plan to identify teh site and the lands owned within the Agricultural Unit. If there's any doubt that the Agricultural Unit is a commercial business, You'll also need to provide proof of such.

Edited May 22 by IanR

[Galileo]

Does that apply to Scotland? We have the Town and Country Planning (General Permitted Development) Order (Scotland) 1992 and this would be a class 18 "the formation, alteration or maintenance of private ways".

 

I've read and re-read this guidance document, and I think I must just be being very dense, and |I have no idea where these otters have come from, never seen any or signs of a holt and there's no fresh water lochs or burns, I'm on the coast! I checked the NBN atlas and there's never been a sighting near my croft, but there have been in a 5 km radius, in 1979 and 1991.

 

One thing I've found after buying my (8 acre) croft is that you can do bugger all with the land without asking someone first, found out the other day I can't even clear the field drainage without getting planning approval. <- Sorry, that's a bit ranty and off topic, I was hoping to do this work during the bank holiday weekend and the council have peed on my parade!

 

 

Edited May 22 by Galileo

[IanR]

14 minutes ago, Galileo said:

Does that apply to Scotland?

 

Ah, no, Planning is devolved isn't it. The document I linked to is England only.

[Galileo]

Thanks anyway Ian, appreciate the time.