How planning permission works

Planning permission is required for most building works, engineering works and changes of use of buildings and land.

Minor forms of development do not usually require planning permission: for example laying a garden path or repainting the woodwork of your house.

Certain types of developments to domestic and non-domestic properties are deemed to have automatic planning permission and do not require a planning application. This is called permitted development. Permitted development can include:

  • garden sheds 
  • greenhouses
  • fences and walls of a certain height
  • house extensions (depending on size, position and height and whether or not the house has been extended before)
  • temporary changes in the use of land

However, there are instances where permitted development rights may have been removed - for example:

  • where a condition on a previous planning permission has removed permitted development rights
  • where a building or other feature is ‘listed’ as being of historical or architectural interest or is situated in a Conservation Area

Special consents can be required for works to listed buildings or to buildings in Conservation Areas and we encourage you to contact us before doing any work to such a building.

If you want a formal decision on whether the use of buildings or land is lawful, or whether any proposed works would be lawful, you can apply for a certificate of lawfulness.

You can apply online for a Certificate of Lawfulness through the Scottish Government eplanning website.

You can obtain informal advice about the need for planning permission by completing and submitting our online form.

Do I need planning permission?

More information on permitted development is available from the Scottish Government.

Other consents and permissions might be required such as building standards, roads construction consent and civic licensing.

Planning decisions are made in accordance with TAYplan and the Angus Local Development Plan, unless material considerations indicate otherwise.

Material considerations include:

Issues such as devaluation of property, loss of view or land ownership are generally not material planning considerations.

Comments and consultation

We consult with other bodies on matters such as road safety, drainage or flood risk.

Comments received from third parties that raise relevant planning issues either in support or opposition to a proposal are also regarded as material considerations.

Consultation responses and third party comments will be published on public access.

Decisions made by officers

A scheme of delegation allows officers to determine some planning applications.

A copy of the notice that sets out the council’s decision on the planning application will be sent to the applicant and/or their agent as well as to any third party that has made comment on the planning application.

A report is published on public access setting out how the decision was made.

Decisions made by council

Where a planning application cannot be determined by officers, a decision will be taken by the Development Standards Committee.

Major planning applications that are significantly contrary to land use planning policies will be determined by a full meeting of Angus Council.

A copy of the report going to the Development Standards Committee or Angus Council, will be sent to the applicant and/or their agent as well as to any third party that has made comment on the planning application.

Any third party comments may be attached to that report. The applicant and/or their agent as well as any third party will be informed of the date of the committee meeting and of the procedure for attending and addressing the committee.

You can appeal a planning decision at eplanning.scot.

Decisions made by planning officers

If a planning application has been determined by planning officers, the applicant can seek a review by the Development Management Review Committee.

A review can also be requested if planning officers have not made a decision within the specified time period.

Decisions made by the Development Standards Committee

If a planning application has been determined by the Development Standards Committee, the applicant can submit an appeal to Scottish ministers where it will be determined by a Reporter from the Directorate of Planning and Environmental Appeals on their behalf.

Third parties cannot appeal planning decisions. However, decisions on planning applications can, in certain circumstances, be challenged in the courts.