Planning System in Scotland - Case Study Example

? Planning Permission At the outset, the documents required can be determined by keeping the objectives of the Scottish Government’s views and objectives on development. The Government seeks to preserve the value of historical monuments and thereby designates certain buildings as listed buildings in order to ensure that their historical and cultural significance is preserved. The proposed development is to take place in the Grassmarket area of Edinburgh, which is significant because it has been a market centre from medieval times, i.e, from the 1600s. It is also the site of the first running water pipe and the Planning Council of the local area of Castle Wynd would take these aspects into consideration. Certain buildings are classed as listed buildings because they have special historical or architectural interest and as a result, need to be protected and preserved in their current state. The single storey cafe is proposed to be built on the ruins of earlier stone buildings on the site and hence listed building consent is required, because the gable onto the Grassmarket would be altered by the proposed construction, which would also encroach into the existing garden. This kind of work on the property falls under the category of alteration or extension and would require necessary forms for permission in the Edinburgh area(www.download.edinburgh.government.uk). A listed building application form would need to be filled out. The relevant documents which would be required are as follows: 1. Listed Building Consent/Conservation area consent application forms, because the Grassmarket area falls under the listed or specially protected category, under the provisions of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (www.historic-scotland.gov.uk). 2. Planning permission forms, because the construction proposes to add an entrance post with a canopy and signs. 3. A site plan for the property, on a 1/1250 or 1/2500 scale, to indicate how much area will be taken up by the construction and whether it changes the basic character of the site which is listed under Category B of being of regional or more than local importance and thus a notable example of a particular period or style (www.historic-scotland.gov.uk). 4. A detailed description of the proposed alterations/construction that is proposed and the estimated impact upon the value of the property or the setting of the existing building or ruins. This is pursuant to the EIA (Environmental Assessment Impact) Directive, which in turn derive from the Council Directive no: 85/337/EEC. The objective of this Directive is to assess the impact of any kind of construction project on the environment. 5. A scale drawing, which shows the existing situation of the listed area, together with the changes that will be brought about to the detailed drawing by the institution of the proposed plan for development. The drawings in question must contain information such as the building elevations as well as other details such as floor plans. These are to provide more detailed specifications about the construction, so that the local authority can also evaluate whether there are any aspects that could be problematic. 6. An additional form required is the advertisement consent form, because the authority will have to provide permission for the use of signs advertising the new cafe. 7. Conservation consent forms will also be required, because the construction of the entrance post with the canopy demolishes and “alters in part”, the gable onto the grassmarket (www.planningni.gov.uk) and the entire site is located within the Old Town Conservation Area. 8. The above application forms also contain sections requiring details of the firm/agency or company that is proposing to enter into the construction of the new cafe and must provide information and contact details on all independent contractors who will be working on the project, such as plumbers, electricians and other technicians. This information would be required so that necessary action can be taken against the concerned individuals concerned to secure punitive fines, or to mandate restoration of the original state of the property in the event that there is any violation or infraction on the part of the technicians, builders, architects or planners who have been responsible for violating any requirements where listed buildings are concerned. Applications Process: The application for building the cafe must be submitted to the Planning Authority, i.e, the Planning Council of the local area where the construction is occurring, i.e, in this case, the Castle Wynd local Planning Council. Once the Council has received the application, the normal processing time would generally be upto about eight weeks. The main sections in the relevant procedure of issuing or declining planning permission involve three areas: (a) Arriving at decisions on planning and proposals for development applications (b) Organising and preparing the associated development plans (c) Dealing with the plans that are not approved for one reason or the other. In carrying out the process of considering each individual application, the Council would first of all determine whether such permission was required in the first place. Where the Castle Wynd development is concerned, permission would be necessary for all the reasons which have been cited earlier while listing the documentation, i.e, it is a listed site and alterations would occur to the existing site. The Council would instruct the party applying for permission to speak to all existing residents or regular users of the site in nearby areas and inform them about the proposed development. The Council would also publish the notification about the proposed development in the local newspapers and put up posters or notices in the Town Hall and/or in areas near to the proposed development, so that if there are any objections to the development raised by any party for any reason, the Council can take this into consideration in arriving at its decision.(www.onlineplanningoffices.co.uk). In the event that no objections are registered or put forward by anyone within a 14 day period, the Council will then process to apply relevant legislation in the context of the development. If there are objections, the Council would seek to determine the reasons for such objections to determine whether there is any validity to the objection. If not, the Council would then examine the proposed construction in the light of the development Plan, unless there are material considerations that suggest otherwise, i.e, if the new development looks as if it might contravene public planning policy. Based upon its assessments, the Planning Council would then prepare a Report of Handling, listing the preliminary observations about the proposed development. The next stage of the process would be to scrutinize the development from the perspective of enhanced security, i.e, to determine whether it violates official policies and procedures, such as the new EEC Directive mentioned earlier. Although the application contains a description of implications to the environment, the Council would nevertheless carry out its own independent assessment to examine possible implications – structurally, from a heritage perspective, a historical preservation perspective, any disruptions or disturbances caused in neighbouring areas, whether the structural plan appears defective and similar aspects. On the basis of its thorough and detailed assessment, the Council would then issue or deny the required permission (www.scotlandgov.uk). The necessary steps may thus be listed as below: 1. Submission of Application 2. Validation through public notification for a specifi9ed period, generally 14 says 3. Consultation among members of the Council, other authorities and members of the public if necessary 4. Report of Handling 5. Enhanced Security 6. Determination and Issue of the renewal notice This would be followed by a procedure that allows an appeal by the person seeking planning permission, if the necessary permission has been refused for any reason. The Council could also opt to grant permission, but stipulate certain conditions that must be followed and the review process allows the applicant to seek clarifications about the conditions. Considerations before reaching a decision on the application: 1. Objections or concerns expressed by neighbours and members of the public – this is done in order to ensure that the planned development will not in any way cause hindrances or disturbances to others in the vicinity. It is also done so that members of the public who are concerned about environmental or historical preservation issues are [provided the opportunity to express their concerns. 2. In making a determination about the cultural and aesthetic value of the listed building, Stell reiterates the words of Nicholas Pervsner’s pioneering work on the treatment of buildings, i.e., the treatment of buildings by type allows for a “demonstration of development both by style and by function, style being a matter of architectural history, function of social history.” (Stell:4). Where the Grassmarket is concerned, it is one of the oldest shopping centers in Scotland, nestled right in the heart of the old section of Edinburgh and as such, it has historic and cultural value because it could have been existent as a market since the year 1300 (www.grassmarket.net). The first aspect which would be considered is whether the new proposed development in any way, is contrary to the general spirit, landscape and appearance of the old town streets. In terms of purpose, since the new cafe also conforms to the general purpose of retail. 3. The historical significance of the Grassmarket area is the long duration of its use as a retail centre, because of its strategic location in a valley (www.grassmarket.net). One significant aspect of the market is the Bow Wall built in 1681, which was the first piped outlet of running water in Edinburgh. The buildings in this area date from the 1600s to the 1800s, but only one building from the 1600s is still surviving at the entrance to Victoria street, possibly dating back to 1616 (www.grassmarket.net). This building and the surrounding areas are built of stone and stand out notably from the later developments, which were built of wood. As a result, the ruins upon which the cafe is to be based are of stone as well and the Council has to assess whether the building materials used for the cafe would conform. There is presently a garden in the area and the gable onto the Grassmarket is going to be affected by the new development. It appears likely that on this basis, the Council may question whether the cafe impinging upon the existing structure can be allowed, because of the significant loss in historical value of the stone ruins. 4. The next step would be to assess whether the proposed development is in conformity with the necessary legal stipulations. The Environmental Impact Regulations of 1999 stipulate that the EIA Directive must be applied by the local Council in evaluating any potential development and it must make its decision on the basis of assessment of the project on the environment. 5. The problem that could arise however, would be in the area of streets layout and design. The Grassmarket was designated a World Heritage site in 1995, because of its old streets which still exist in the medieval patterns, indicating that its use as a market in the medieval patterns. Disturbing this pattern and layout would mean that the historical value of the area would be affected. The projecting canopy would encroach upon the existing layout, which would affect the historical significance of the stone ruins and existing garden. Conditions that may be attached to planning proposal: At the outset, it may be noted that the Council is unlikely to deny planning permission, because the existing land plans have already designated the Grassmarket area as a shopping locale, hence adding another retail outlet such as a cafe would be acceptable. The problem lies in the stone ruins upon which the cafe is proposed to be built and the encroachment upon the existing structures. It must also be borne in mind that the stone wall has great significance because it contains the first pipe for running water and the buildings from later centuries are made of wood; hence the stone sets that area out as belonging to an earlier historical period. In light of the above, it appears likely that the Council may make its approval conditional upon the fulfilment of certain conditions. Firstly, it may require that the cafe is built out of stone to match the ruins upon which it is being built. The encroachment however, may not be allowed. While the construction of the new building under a pitched slate roof might be close enough to stone to be allowable, the problem is the canopy and signage which are jutting out and encroaching upon and thereby altering the appearance of the area. Since the layout is historically significant because it represents medieval construction and layout of the 17th century, the Council may not allow the entrance porch and canopy and require that the signage be posted elsewhere, with the canopy being eschewed or reduced down so that it fits within the existing layout. Hence, in summary the Council may require: (a) Material used for construction to be stone (b) No protruding canopy and no encroachment into the garden (c) Entrance porch to be situated elsewhere. The reason for the first requirement is because the surrounding material of the ruins is stone, specifically representative of the 1600s. The reason for the second requirement would be the significance of the existing wall and garden, with the wall being the site of the first running water pipe of the 1600s. The reason for the requirement of entrance porch being situated elsewhere is also the same, i.e., it detracts from the historical significance of the location overall. Bibliography A Guide to the Planning System in Scotland, Retrieved February 21, 2011 from: http://www.scotland.gov.uk/Resource/Doc/281542/0084999.pdf A Guide to Planning procedure in Scotland. Retrieved February 21, 2011 from: http://www.onlineplanningoffices.co.uk/html/additional_advice/planning_procedure_in_scotland.php Conservation area consent. Retrieved February 20, 2011 from: http://www.planningni.gov.uk/index/advice/fees_forms/form-pcac1.pdf Notes for Guidance. Retrieved February 20, 2011 from: http://download.edinburgh.gov.uk/Building_Control/Listed_Buildings-Application_Form_for_Listed_Building_Consent.pdf “Scottish Planning Series Planning Circular I”; Retrieved February 20, 2011 from: http://www.scotland.gov.uk/Publications/2003/01/16221/17154 Stell, Geoffrey, 2005. “Scotland’s buildings: 3 (Scottish Life and Society), Tuckwell Press. “The historical significance of Edinburgh’s Grassmarket”, retrieved February 21, 2011 from: http://www.grassmarket.net/grassmarkethistory.asp Read More