CHANGES TO SCOTLAND’S PLANNING SYSTEM

Posted on 25 August 2009

• A new hierarchy of development
• New procedures for applications including different pre-application and determination procedures for national and major developments.
• Mandatory pre-application consultation for all national and major developments.
• Statutory schemes of delegation specifying how applications will be determined.
• Introduction of processing agreements for national and major developments that will provide the framework for key stages of the application process and the timescale for determining the application.
• Changes to planning appeal procedures. National, major, Listed Building, conservation area, advert and hazardous substance applications can be appealed to the Scottish Ministers. There is now only three months from the date of the planning authority’s decision to lodge an appeal.
• Decisions on applications for local developments determined under the scheme of delegation can be reviewed by the Council’s Local Review Body within three months of the decision date.
• Outline Planning Permission and reserved matters have been replaced by “planning permission in principle” and “application for approval of matters specified in conditions.”
• All consents will be valid for three years from the decision date.
• The planning authority is now responsible for neighbour notification. All properties within 20 metres of the application site will be now be notified. Where the planning authority is unable to notify, for example where there is no premises, an advert will be placed in a local paper at the applicant’s expense
• Decision Notices will now state how the application was determined, for example by Committee or Delegated Decision and will detail the reason for the decision.
• Notice of Initiation of Development must now be submitted to the planning authority before work is started.
• Notice of Completion of Development must now be submitted to the planning authority when the development is completed.
• New enforcement tools will be available including notice requiring application for planning permission for development already carried out, enforcement notices, temporary stop notices, fixed penalty notices for failure to comply with enforcement notices, fixed penalty notices for failure to comply with a breach of condition notice and mandatory enforcement charters will be introduced.