Re: Planning Application Fees and Red Lines - Public forum - Planning Advisory Service (PAS)
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Started - July 2012
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Re: Planning Application Fees and Red Lines
I have submitted a planning application for a single domestic wind turbine, and I enclosed a fee based on the area of the development being less than 0.1 ha, i.e. the area of the base of the turbine/span of the turbine blades (£319 in Scotland). The Council have asked that I also edge in red the access to the nearest public highway, which is 1.25 km away, even though no physical development along the line of this is being proposed. Having done this, I am now being asked to submit a further application fee, based on the extended site area, of £2,233. Surely this cannot be right! Effectively my client is being penalised for living in a remote location. In my opinion the required application fee should relate to the nature of the development, not the distance from the public highway?
Evelyn Gilder, modified 11 Years ago.
Re: Planning Application Fees and Red Lines
New Member Posts: 14 Join Date: 21/10/11 Recent Posts
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In England an application for a domestic wind turbine could, I believe, be submitted through the Householder route, see circular 04/2008. Does the same not apply in Scotland?
Evelyn. In Scotland it could be permitted development if it was within the curtilage (subject to a 28 Notification) - but unfortunately this is in the adjoining field! Mike
I can understand the LPA wanting to know how you intend to access the site, but would have thought it would be sufficient to edge it in blue or show it within the blue line denoting ownership. Perhaps the next step is to ask the LPA to tell you firstly exactly why they need to see the access and secondly why it needs to be edged red. Then you will be able to address each point.
The legislation and guidance is clear that the red line has to include all development necessary to carry out the development including the access from a public access point to the site. Notwithstanding this as you say in some cases where the development is remote the long access route can substantially increase the fee. A local authority I used to work for took the view that if there where no actual works invoked in the creation of the access for example it was using an existing private track .the access was not included in the fee calculation this seem a reasonably pragmatic solution.
Martin. Agreed up to a point, this being where other development is required to create, alter or improve the access to the site (which is not going to happen in my case). It simply cannot be the case however that intention of the legislation is that the fee for two identcal applications can vary by thousands of pounds simply becuse one site is further from the public highway than the other. Bah humbug!
Surely the red line outlines the development site AND the access land - these can be two different things. Outlining of the access is required to verify that the development can be completed and to ensure correct notification of any other owners. The development site is where you are building the turbine. The access land is not being developed if there are no works proposed to the access land, and so is not part of the 'development site'. A comparison can be made with fees based on floor area - in these cases the area used for fee calculation is not the land which is outlined red but the proposed floor area, even though the red line on the location plan will still include external areas within the applicant's ownership AND the access land. Surely the logic of site area based fees is as an alternative for developments where there is no definable floor area, and thus relates to the 'land' being developed rather than the 'floor area' being developed?