Planning FAQs
- Who do I ask about the need for planning permission in the Park?
- Who do I submit my planning application to?
- Who do I pay my planning application fee to?
- How will I know if the Cairngorms National Park Authority (CNPA) is dealing with my planning application instead of local authority?
- Will my application take longer because of the Park?
- How is the role of Community Council affected by these arrangements?
- Can applicants, Community Councils, other bodies or the public generally have a say on whether a particular application should be determined by the CNPA?
- What types of planning application are likely to be called in?
- Can I appeal if the Park Authority refuses my planning application?
- Who do I contact if I think planning regulations are being breached in the Park?
- Applications to be Determined - Committee Procedures
Q1. Who do I ask about the need for planning permission in the Park?
A General questions about planning permissions, including
the likelihood of obtaining planning permission, should be put to the relevant
Council. There are four Councils within the Park. Contact the one responsible
for the site you are interested in.
Q2. Who do I submit my planning application to?
A The local council remains the first point of contact
for anyone wishing to make a planning application.
Q3. Who do I pay my planning application fee to?
A The council to which you submit your application.
Q4. How will I know if the CNPA is dealing with my planning application
instead of local authority?
A On registering your application, the Council will notify
the CNPA, which has 3 weeks to decide whether it wants to call in the application
for determination. During that time the Council will continue to process
your application. If the CNPA does call in your application, it will tell
you as soon as it has decided to do so. If the CNPA does not contact you,
your application will be determined by the Council. Speak to the Council
or CNPA planning staff if in any doubt.
Q5. Will my application take longer because of the Park?
A No. Most applications will be decided in the normal
way by the appropriate council. Those that are called-in by the CNPA will
be because they are of special importance to the Park. Inevitably, contentious
applications may take time, as is the case for any planning authority.
The CNPA will always endeavour to meet time targets set by central government
for determining applications.
Q6. How is the role of Community Council affected by these arrangements?
A Not at all. They continue to be the statutory consultee
on all planning applications but, in those cases where an application is
called-in by the CNPA, the comments of the Community Councils will be passed
by the Council to the CNPA which will take them into account before determining
the application.
Q7. Can applicants, Community Councils, other bodies or the public
generally have a say on whether a particular application should be determined
by the CNPA?
A Decisions on whether to call-in an application will
be based on the Protocol which describes, in broad terms, the categories
of application which may be called-in. The Protocol has been drafted, and
agreed, jointly by the CNPA and the four constituent Councils but it cannot
cover every situation and therefore a degree of flexibility is required - particularly
in the early life of the Park. Any representation received by the CNPA
about whether it, or the relevant Council, should make a decision on a
planning application will be taken into account provided those comments
are received within two weeks of the application being registered. Comments
received at a later date may be too late to influence a call-in decision.
Q8. What types of planning application are likely to be called in?
A Details of the call-in criteria and procedures are set
out fully in the Protocol, which can be obtained, from the CNPA or Councils.
It is important to bear in mind that a call-in can only be triggered by
a judgement that an application raises an issue of "general significance" to
the Park because of its particular scale or characteristics - or because
of its effect, cumulatively, with applications of a similar type. It is
not possible to give an exhaustive list of categories of application likely
to be called-in but attention will focus on those applications which:
- by their nature and scale, may be incompatible with Park aims;
- may adversely affect nationally important natural and cultural heritage interests;
- are significantly contrary to a Structure Plan or Local Plan to the extent that they may be incompatible with Park aims;
- are subject to the Environmental Impact Assessment (Scotland) Regulations 1999;
- individually or cumulatively may have a clear and important adverse impact on the Park.
Types of development which might fall within those criteria are:
- renewable energy schemes;
- mineral extraction;
- telecommunication installations;
- vehicle tracks other than those associated with approved afforestation schemes;
- recreational and tourism developments of more than local significance;
- housing, business and retail developments, which may have a significant adverse impact on settlements or the countryside.
Q9. Can I appeal if the Park Authority refuses my planning application?
A Yes. The appeal process is exactly the same as if the
refusal had been issued by a Council except that the decision will be defended
by CNPA staff rather than Council staff although both may give evidence
in some cases.
Q10. Who do I contact if I think planning regulations are being breached
in the Park?
A Start with the relevant Council. The CNPA will normally
only lead enforcement action where a breach has occurred because of non-compliance
with a condition imposed on a consent issued by the CNPA. In cases where
the breach arises from a decision issued by one of the Councils - or is
of a general nature not related to any particular planning permission - the
relevant Council will lead the process. If there is a case for CNPA involvement
it will be made by agreement between the Council and the CNPA.
Q11. Applications to be Determined - Committee Procedures
A Click here to download PDF. Click here to download Microsoft Word document.