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ANNEX A
SCOTTISH STATUTORY INSTRUMENTS
2008 No. [ ]
TOWN AND COUNTRY PLANNING
The Town and Country Planning (Schemes of Delegation) (Scotland) Regulations 2008
Made - - - - 2008
Laid before the Scottish Parliament 2008
Coming into force - - 2008
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 43A(1)(a)(ii) and (4) of the Town and Country Planning (Scotland) Act 1997( a) and of all other powers enabling them to do so:
Citation and commencement
1. These Regulations may be cited as the Town and Country Planning (Schemes of Delegation) (Scotland) Regulations 2008 and shall come into force on [ ].
Interpretation
2. In these Regulations-
"the Act" means the Town and Country Planning (Scotland) Act 1997;
"appointed officer" means a person appointed by the planning authority for the purposes of section 43A of the Act.
" EIA Development" has the same meaning as in the Environmental Impact Assessment (Scotland) Regulations 1999( b);
"statutory consultee" means an authority or person with whom the planning authority must consult in accordance with regulation 30 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2007( c).
Content of scheme of delegation
3. -(1) A scheme of delegation must describe the classes of development to which the scheme will apply and state with respect to every such class which of the applications mentioned in paragraph (2) are to be determined by an appointed officer and if such application is only to be so determined in particular circumstances the scheme shall specify such circumstances.
( a) 1997 c.8. Section 43A was inserted by section 17 of the Planning etc. (Scotland) Act 2006 (asp 17).
( b) S.S.I. 1999/1.
( c) S.S.I. 2007/ .
(2) The applications are-
(a) an application for planning permission; and
(b) an application for consent, agreement or approval required by a condition imposed on a grant of planning permission.
(3) A scheme of delegation must include provision that prohibits an appointed officer from determining an application for planning permission in the circumstances mentioned in paragraph (4).
(4) The circumstances are that-
(a) an objection to the application has been received from a statutory consultee and has not been withdrawn;
(b) the application is made by-
(i) the planning authority; or
(ii) a member of the planning authority;
(c) the application relates to land in the ownership of the planning authority or to land in which the planning authority have a financial interest;
(d) the application is an application relating to EIA Development;
(e) the application relates to development which is significantly contrary to the development plan;
(f) there is a substantial body of objections to the application; or
(g) the application is an application for planning permission for development of a class mentioned in section 38A(1) of the Act.
(5) For the purposes of paragraph (4)(f) an application is subject to a substantial body of objections where the appointed officer would, if the appointed officer were to determine the application, when giving reasons for making a determination, consider that the strength of opposition (taking into account the number of representations made which object to the proposed development and whether such representations may be considered to be representative of the views of the local community) to be a significant material consideration to be taken into account when determining the application.
(6) The scheme of delegation must also include provisions which, in the circumstances mentioned in paragraph (4) require the appointed officer to notify the planning authority of such circumstances and that the appointed officer is prohibited from determining the application.
Procedure for preparation and adoption of scheme of delegation
4. -(1) Where a planning authority propose to adopt a scheme of delegation, the authority is to send a copy of the scheme to the Scottish Ministers and shall not adopt the scheme on a date earlier than the expiration of 28 days from the date upon which the copy was sent to the Scottish Ministers.
(2) The Scottish Ministers may during that period of 28 days notify the authority in writing that a later date shall be substituted for the date of expiry of that period.
(3) At any time before the scheme is adopted the Scottish Ministers may by notice in writing require the authority to consider modifying the scheme in accordance with recommendations contained in that notice.
(4) Where a notice has been served under paragraph (3) but the planning authority propose to adopt the scheme without modifying the scheme in accordance with all of the recommendations contained in that notice, the planning authority must before adopting the scheme give notice to the Scottish Ministers of that proposal and such notice must give reasons as to why some or all (as the case may be) of the recommendations have not been accepted and the scheme modified accordingly.
(5) The Scottish Ministers may, within 28 days of receipt of a notice sent under paragraph (4) notify the planning authority that the scheme of delegation is not to be adopted until the scheme has been approved by the Scottish Ministers.
(6) As soon as reasonably practicable after the scheme of delegation has been adopted the planning authority are to send a copy of the scheme to the Scottish Ministers.
Subsequent schemes of delegation
5. The planning authority must prepare a scheme of delegation five years after the adoption of the first such scheme in accordance with the regulations and thereafter do so at intervals of no greater than every five years.
Publication of the scheme
6. The planning authority is to-
(a) make a copy of the adopted scheme of delegation available for inspection at an office of the planning authority and in every public library in the area of the planning authority; and
(b) publish the adopted scheme of delegation on the internet.
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
2008
EXPLANATORY NOTE
(This note is not part of the Regulations)
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