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8. LISTS OF APPLICATIONS
8.1 Weekly lists are already prepared by all planning authorities. They are primarily used to inform community councils of the planning applications received that week. However, consistent with Scottish Ministers' intention to improve the wider public's awareness of planning applications, it is proposed to require planning authorities to provide additional information in their list of applications, make it more widely available and regularly advertise where it can be accessed locally. The provisions on lists are set out in new section 36A of the 1997 Act and regulations 24-26 of the DMR.
Contents of the list of applications
8.2 In addition to information on planning applications, new section 36A(1) of the 1997 Act requires that the list of applications will also contain information relating to the proposal of application notices received by the planning authority on pre-application consultations (see Part 2, paragraphs 2.13 to 2.18 for further information). Additionally, planning authorities will include on the list, information on any planning applications that might be made directly to the Scottish Ministers under the "urgent development" procedures introduced on the removal of Crown immunity from planning control.
8.3 The current information requirements for the list include: the reference number given to the application by the planning authority; the site location; the name and address of the applicant or his agent; and a description of the proposed development. These requirements are to be retained. However, the requirement to include the date of receipt of the application will be removed and replaced with information on the date by which comments must be received.
8.4 In addition, planning authorities will provide information on how details of applications can be obtained from the planning authority and, where the application is for approval of matters specified in conditions attached to a previous grant of planning permission (applications under regulation 14), the original reference number to the application which granted planning permission, outline planning permission or Planning Permission in Principle. Slightly different provisions are in place for proposals for application notices and "urgent developments".
8.5 The list of applications is to be kept in four sections, each section relating to one of the four elements mentioned in paragraph 8.2 above. The list of applications shall also contain a statement as to how further information in respect of an application may be obtained from the planning authority.
Availability of the list
8.6 Under provisions in regulation 26(1), the planning authority are to publish the list of applications by means of the internet on their website and are to make the list of applications available for inspection at their principal office. Additionally, regulation 25 requires that a list of applications received in the previous week will be made available to community councils and at public libraries. Community councils will continue to be able to require consultation on any of the applications on that list.
8.7 The 1997 Act also contains powers to prescribe that the availability of the list is to be advertised by the authority in a local newspaper at such intervals as are set by Ministers. This power is limited to advertising the availability of the list and not advertisement of the list itself. Having considered the appropriate time period for advertising the availability of the list, we consider that planning authorities should undertake this advertisement on a monthly basis in a local newspaper (regulation 26(2)).
The cost of advertising the list
8.8 The 2006 Act allows Ministers to make provisions for planning authorities to charge a fee in order to recover any costs incurred as a result of preparing, publishing and advertising the availability of the list. However, as this forms part of planning authorities' wider development management function, there is scope to incorporate related costs in the planning application fee. Research on planning fees is currently underway.
Q33: Are you content with the Scottish Government's proposals for the public availability of the list?
Q34: Is the advertisement of the availability of the list in a local newspaper on a monthly basis appropriate?
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