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10. TIME PERIODS FOR DECISIONS
10.1 Regulation 29 sets out the time periods for determining an application. Sub- paragraphs (1) and (2) set out the time period within which a decision should not be made, with reference to the time periods for people to respond to notices and adverts under provisions on neighbour notification, notices to owners and agricultural tenants and additional publicity around minerals applications.
10.2 The time period within which local development should be determined is 2 months from the date of submission of a valid application (or the last item of material required to constitute a valid application). An additional time period for determination of 4 months is now proposed for national and major developments. This new provision recognises that given the nature of such proposals they are unlikely to be determined within 2 months.
10.3 There are exceptions to these time periods:
- regulation 29(5) - where the case is called in for determination by the Cairngorm National Park Authority;
- regulation 29(6) - where applicants have not submitted the costs of advertising applications under regulation 23 or have not submitted information requested under regulation 15 in relation to planning permission in principle;
- regulation 29(7) - where advertisement of development plan departures and placing of additional notices on minerals applications have taken place late in the processing of an application and period for representations will run out after the 2 or 4 month period; and
- regulation 29(8) - where the applicant and the planning authority have agreed in writing to an extension of the period for issuing a decision notice prior to the right of appeal on the grounds of non-determination arising.
10.4 A valid application is one which meets the requirements of regulations 11-14 on content set out in the DMR. It does not include additional information which the planning authority may request in advance to accompany an application or which they may request once the application has been received.
10.5 The current provisions in the EIA Regulations on time periods for determination of applications will continue to apply. These make it clear that the time period for determining a case requiring EIA is 4 months and that in calculating that period, no account is taken of the time prior to the submission of an environmental statement to accompany the application.
10.6 Once the statutory time limit has elapsed, in the event that the planning authority has not notified the applicant of their decision on the application, or that the application has been referred to the Scottish Ministers (i.e. called-in), it is open to the applicant to appeal to the Scottish Ministers on the grounds of non-determination. In future the applicant will have 3 months (a reduction from the current 6 month period) from the end of the statutory time limit in which to make such an appeal, thereafter any such appeal will be time barred.
10.7 Where the application relates to a local development covered by a scheme of delegation under section 43A of the 1997 Act, then instead of an appeal to Ministers on the grounds of non-determination, the applicant would be entitled to require a review by the planning authority. A forthcoming consultation paper will discuss these proposals on appeals, schemes of delegation and local reviews.
10.8 Paragraphs 5.3 to 5.5 above discuss the issues around using statutory requirements to front load the informational requirements on certain planning applications, including whether it would be appropriate to 'stop the clock' where further information is required by the planning authority to determine the application. However, as discussed above, we have concluded that this is not an appropriate way to proceed other than in limited circumstances relating to requesting further detail on applications for planning permission in principle - see regulations 15 and 29(6).
Q36: Do respondents consider it appropriate to extend the statutory period for determining an application for national and major development to 4 months?
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