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11. DECISION NOTICES, REPORTS OF HANDLING AND REGISTERS

Decision notices

Notices under the current system

11.1 Currently when a planning authority gives notice of a decision in respect of an application for planning permission or for approval of reserved matters, the notice has to be in writing; where the planning authority decides to grant permission or approval subject to conditions or to refuse it, the notice states the reasons for the decision; and in the case of refusal or approval subject to conditions is accompanied by details on how to appeal. There are currently no requirements to notify anyone other than the applicant of the decision, although Ministers may direct that information be distributed to others.

Contents of the new decision notices

11.2 A new subsection (1A) of section 43 of the 1997 Act sets out revised requirements for the contents of the notice issued to an applicant and requires the planning authority to include in each notice:

• the terms of the planning authority's decision,
• any conditions to which that decision is subject, and
• the reasons on which the authority based that decision.

11.3 Additionally, Ministers have powers to require that other information may be included. In imposing such a requirement, Ministers have considered how to make the decision notice a more helpful document both to the recipient and those who have made representations.

11.4 Under regulation 39(2), planning authorities will be required to issue a decision notice relating to an application for planning permission or for a consent, agreement or approval required by a condition imposed on a grant of planning permission.

11.5 We propose that the decision notice should contain the following information in addition to the three elements set out in primary legislation. In the case of applications for planning permissions, planning permission in principle and further applications, under regulations 11 to 13 respectively, this will include:

• Additional general Information - this will include: the description of the development (including reference to any variation to the original proposal agreed with the applicant); a postal address (if relevant); and the reference number of the application.
• Lapse of planning permission after 3 years if development not started or any direction under section 58(2) or 59(5) - Once commenced, amended section 58 of the 1997 Act will require that a planning permission to which the section applies, whether granted or deemed to be granted, lapses after 3 years. However, section 58(2) allows a planning authority to direct that some other alternative period to 3 years applies. Reference to the statutory period in section 58(1) or to any Direction under section 58(2) will be included in the decision notice. Similar directions can be made under section 59(5) of the 1997 Act with regard to planning permission in principle. Although these time periods will no longer be attached as conditions to the permission, applicants would still retain a right of appeal against the periods specified when planning permission is granted.
• Reference identifying the plans considered by the planning authority in determining the planning application- There have been concerns that there may have been some confusion between the plans considered by the planning authority when coming to its decision and those submitted subsequently on appeal. The referencing in the decision notice of the plans which were considered by the planning authority will remove such confusion.
• Indicate whether there is a planning obligation under section 75 associated with the planning permission - Consideration has been given to whether any related planning obligation under section 75 agreement and the reasoning behind such an agreement should be included in any decision notice. Although not generally lengthy documents, section 75 agreements can be legalistic and complex. Circular 12/1996 indicates that the signing of the agreement is linked with the issuing of the decision letter but may have already been agreed and signed off before the decision letter is issued. It is therefore the intention that the decision notice should simply indicate where such an agreement has been concluded. Further information will be contained in the report of handling of the application (see below).
• Scottish Ministers' direction - The GDPO currently requires that where the Scottish Ministers have given a direction restricting the grant of permission for the development referred to in the application, the details of the direction should be given. Ministers can now issue a direction to require the attachment of conditions to a planning permission in accordance with powers in section 43(1)(aa) of the 1997 Act as amended. It will be for the planning authority to set out the reasons for these (on the basis of information supplied by Scottish Ministers) and any other conditions attached to a permission.
• Challenge of decision (appeal or local review) - While currently required, changes are proposed to update the notification paragraphs in Schedule 9, including the new arrangements around local review of decisions.

11.6 Due to the nature of the application, there will be different arrangements for application for approval of matters specified in conditions (regulation 14). The decision notice will, in addition to the minimum set out in the Act, include:

• a description of the matter in respect of which approval, consent or agreement has been granted, or as the case may be refused;
• the reference number of the application; and
• the reference number of the application for planning permission in respect of the grant of which the condition in question was imposed.

11.7 Any relevant application for approval, consent or agreement not covered by regulations 11-14 will require a notice comprising the three matters set out in primary legislation (see paragraph 11.2 above). Such applications would include, for example, seeking approval as required by a condition attached to a full planning permission which did not require a formal application under regulation 14.

Receipt of the decision notice

11.8 Provisions within section 43 of the 1997 Act allow Ministers to require the planning authority to send a copy of the decision notice to those who submitted representations on the application. Regulation 39(1)(b) fulfils the policy intention set out in the White Paper.

11.9 However, we recognise that planning authorities may have a legitimate concern as to the possible scale of the burden on them particularly where there are a large number of representations or a large scale petition on a case. We would therefore wish to encourage planning authorities to set out the number of times they are likely to deal with a large number of representations or petitions and what level of representation is involved. Any views on methodologies used to manage this potential burden would also be appreciated.

Q37: Is the level of information to be provided in the decision notice appropriate?

Q38: How should planning authorities best manage the potential burden of ensuring those who made representations are advised of the decision?

Registers and reports of handling planning applications

11.10 Concerns have been expressed about access to information on a planning authority's reasons for its decision on an application. The changes to section 36 of the 1997 Act are intended to ensure that planning authorities provide a full record of the relevant factors considered in determining each application for inclusion in the planning register.

11.11 As required in Schedule 5 of the GDPO, planning authorities already maintain a register of applications. Part I contains information on applications which have yet to be disposed of whilst part II focuses on information on those applications which have been determined. This two part structure is to be retained with some amendments arising from the new provisions.

Part I of the Planning Register

11.12 Information on part I of the Register is to be extended to include all the matters which constitute a valid application under regulations 11 to 14. Where relevant this will include a copy of any pre-application consultation report or design and access statement. The regulations also require a copy of any processing agreement to be included on Part I of the register. In addition, separate provisions arising from regulation 20(1) of the EIA Regulations require that the register contains relevant additional information where the development is subject to EIA.

Part II of the Planning Register

11.13 There are new provisions relating to the information to be contained in part II of the Register. With regard to applications for planning permission, paragraph 3 of schedule 4 to the DMR sets out the proposed requirements in this regard. These vary depending on whether the application is an application for planning permission or an application for matters specified in conditions and on whether the case was subject to a review by the planning authority or a decision by the Scottish Ministers on appeal or call-in.

11.14 Paragraph 3(a) of schedule 4 indicates that for all applications made under regulations 11-14 which are determined by the planning authority or a delegated officer, a copy of the decision notice required by regulation 39 and the related plans must be put on part II of the register. Where an application is called-in by the Scottish Ministers or is the subject of an appeal or request for review on the grounds of non-determination, the planning authority will not have had an opportunity to determine the application formally. In those cases, paragraphs 3(d) and (e) require a note of the date and effect of any decision by the Scottish Ministers and a copy of the planning authority's review decision notice to be put on the part II of the register.

11.15 Paragraph 3(b) of the schedule requires that a copy of an environmental statement (prepared in accordance with the EIA Regulations) associated with any application be placed on part II of the register.

Reports of handling of planning applications

11.16 Additionally for those applications subject to regulations 11 to 13 and determined by the planning authority other than on review ⁶, the register should also contain a copy of a report on the handling of the application. Planning authorities are to prepare a report on each application which is to contain a range of information relevant to the processing of the application, including: reference to any relevant development plan policies, the issues raised by statutory consultees and in representations on the proposal, statements as to whether various statements and assessments were provided - including environmental statements and design and access statements - and the main issues they raise. The full list of the requirements of the report are to be found in paragraph 4 of Schedule 4. The decision notice on the application will contain the description of the development, location, the planning authority's decision on the application and its reasons.

11.17 It is not our intention to specify the format and structure of the report in legislation. In most cases the contents of the report should be similar to reports currently prepared for their planning committees. We would be interested to hear the views of planning authorities on the extent to which existing committee reports can be adapted to meet those requirements.

Other entries on Part II of the Register

11.18 Provisions relating to the manner in which the register of applications for Certificates of Lawful Use or Development and registers in general have been updated but not significantly amended.

11.19 We also wish to see that these matters are placed on the register timeously. Therefore regulation 20(2) sets out that:

• Planning applications, plans and drawings and any design and access statement or pre-application consultation report must be placed on part I of the register on or before the earliest date on which notice is given in respect of the application under regulation 23(1) (Advertising of applications) or 22(1) (Neighbour Notification);
• Any direction given under the 1997 Act or the DMR in relation to the application should be entered on part I of the register within 7 days;
• The information described in paragraphs 11.13 to 11.16 and 11.18 above is to be placed on part II of the register within 7 days of a decision being issued.

Q39: Is the information to be contained in the report of handling appropriate in order to provide a robust summary of how the application has been dealt with and the reasons behind the planning authority's decision?

Q40: Can existing Committee reports, where available, be easily adapted to incorporate the proposed statutory requirements in paragraph 4 of Schedule 4?

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