Planning

Planning Online 

You can use our Public Access online search facility to 

• Find out more about a Planning Application
• Comment on an application
• Track the progress of an application
• Check the final decision. 

In the search box enter a keyword, reference number, postcode or single line of an address, click search, then choose  the appropriate application.

Apply Online

You can also submit an application apply online. Online help and guidance is available to complete the forms. You can also download application forms from this site to submit a paper application to the Moray Council

(please note, you may need a pdf reader to view documents.  You can download a free reader by clicking here.)

In addition to information on planning applications, details of representations and consultation responses on valid applications received on or after 1st April 2011 will also be available to view, with redaction applied to personal or sensitive information within documents (see policy)

The activities of Development Management can be split into three main areas Development Management, Enforcement and Preliminary Advice. There descriptions are as follows:

• Development Management
• Pre-Application Consultation Guidance and Forms (Major Applications)
• Enforcement

 Find out more about these services:

• Preliminary Advice
• Developer Contributions
• Planning Appeals

Development Management

Development Management are responsible for processing applications for planning permission and appeals following refusal of planning permission.

This involves considering proposals, visiting sites, consulting other agencies, policy, government guidance and the Planning Acts, preparing reports and recommendations often under delegated power, preparing evidence for appeals and giving evidence at inquiries.

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Pre-Application Consultation Guidance and Forms (Major Applications)

• Proposal of Application Notice and Pre-Application Consultation Guidance Note
• Pre-Application Consultation Notice Form 
• Pre - Application Consultation (PAC) Screening Guidance Note
• Pre-Application Consultation Screening Notice Form 
• Design and Access Statement 
• Processing Agreement 
• Processing Guidance
• Request for Pre-Application Meeting

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Enforcement

Planning Enforcement tackles a wide range of issues where development has occurred outwith Scottish Planning Legislation.  The Scottish Government gives Councils a general discretion to take enforcement action only when it is considered expedient to do so.   Any action taken has to be proportionate to the scale of the breach and to the effect that the breach has on local amenity.

Investigation will commence on receipt of any complaint but we would not normally pursue any anonymous complaints.  Any enquiries should be forward to planning.enforcement@moray.gov.uk.

Priority will always be given to breaches which involve -

• unauthorised development causing immediate harm e.g. road safety;           
• unauthorised works to listed buildings;
• unauthorised felling of protected trees;
• breaches of planning conditions adversely affecting amenity and/or

resulting in continuing harm.

Other possible breaches which would merit investigation include -

• work being carried out without the necessary planning permission;
• a site or building which is in such a poor condition that it affects residential

amenity.

• an unauthorised change of use of land or buildings;
• failure to comply with conditions attached to a permission.
• Unauthorised display of advertisements

The fact that unauthorised development has taken place does not automatically mean that enforcement action will be taken and in many cases, matters can be resolved by negotiation or by submission of a retrospective application to regularise the breach.

Any decision taken over what action to take to resolve a breach of planning may be made following consultation with relevant Moray Council departments, e.g. Transportation, Environmental Health or external organisations e.g. SEPA, Historic Scotland.

Should it be determined that formal enforcement is necessary there are various types of Enforcement Notice which can be issued dependant on the type of the breach.  Some of these can be appealed and/or may culminate in indirect or direct action with recovery of costs and possibly referral to the courts.  Consequently resolution can be prolonged.

Further information on the use of enforcement powers can be found in the Scottish Government publication Planning Circular 10/2009: Planning Enforcement.This can be viewed online at www.scotland.gov.uk/Publications/2009/09/16092848/0 

Moray Council has a Planning Enforcement Charter which explains how the enforcement process works, the role of the council and the service standards it sets itself. It also explains what happens at each stage. 

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Preliminary Advice

Providing statutory and non statutory advice to customers about all matters relating to Planning Applications, Appeals, Enforcement and all Council and Government processes and procedures associated with these matters. For example:-

How to  submit an application, the  need to submit an application, the  likely success of an application, property histories, estimated timescales and requirements to be met in respect of specific applications. 

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Developer Contributions

The Moray Council operates a system of Developer Contributions, also referred to as 'Planning Gain', in relation to infrastructure requirements resulting from a proposed development.  Developers are encouraged to contact the Planning Gain Unit prior to submitting a planning application or a Proposal of Application Notice, in order to ascertain the likely level of contributions required.  The guide (link below) provides general guidance on the requirement for developer contributions and contact details for the Planning Gain Unit.

Developer Contribution Guidance

Planning Appeals

Where an application has been refused consent or consent is granted subject to conditions by Committee, an applicant may have the right of appeal to the Scottish Ministers. A reporter from the Scottish Government Directorate for Planning and Environmental Appeals (DPEA) will deal with the appeal either via written submissions, a public hearing or a public Inquiry.  Where the Planning Authority has objected to an application under Section 36 of the 1989 Electricity Act to build a wind farm, this will trigger a public Inquiry. The Scottish Ministers may uphold or dismiss the appeal, or reverse or vary any part of the decision of the planning authority. This may include amending a condition previously attached to the grant of consent.

Where an application that is of a local nature, i.e. determined via delegated powers by a development management case officer, the applicant will have the right to appeal via the Council’s Local Review Body (LRB).  

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