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1. INTRODUCTION
1.1 This circular describes the new requirements for processing planning applications covered by the Town and Country Planning (Development Management Procedure (Scotland) Regulations 2008 ( SSI 2008/432) and the relevant provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc. (Scotland) Act 2006. As well as giving an overview of the new development management system, the circular will help planning authorities, applicants, communities and others to understand how the new legislation works.
1.2 This circular mainly deals with new application procedures in force from 3 August 2009. The procedures around pre-application consultation with communities have been in force since 6 April 2009 insofar as they relate to applications to be made on or after 3 August. It also provides guidance on the provisions of the Town and Country Planning (Charges for Publication of Notices) (Scotland) Regulations 2009 and on aspects of the Planning etc. (Scotland) Act 2006 (Development Management and Appeals) (Saving, Transitional and Consequential Provisions) Order 2009 and the Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2009. These 3 further instruments are, at the time of writing, before the Parliament for their consideration. Unless the Parliament rejects these particular instruments, they will come into force on 3 August.
1.3 Changes to development management are intended to ensure that procedures for applying for planning permission are fit for purpose and responsive to different types of development proposal; that they improve efficiency in developing and determining applications and enhance community involvement at the appropriate points in the planning process. Development Management must operate in support of the Government's central purpose - increased sustainable economic growth. This means providing greater certainty and speed of decision making as a means of creating good quality sustainable places.
1.4 The circular follows the various stages of processing: the pre-application phase; content of applications; validation and acknowledgement; processing by the authority; decision and post-application requirements. A schematic representation of the various stages of the planning process linked to the sections of the circular is also included.
1.5 The circular also links to the provisions governing the new planning hierarchy as well as legislation for appeals and local reviews. These mechanisms are all explained in more detail in separate circulars, available at http://www.scotland.gov.uk/Topics/Built-Environment/planning/publications.
Pre-application Phase
1.6 The circular promotes early and open negotiations between prospective applicants and developers, planning authorities and other parties, such as consultees, in advance of the formal application for national and major developments. This section also sets out the new requirements for statutory pre-application consultation with communities for national and major developments.
Making a Planning Application
1.7 This section relates to applications for planning permission, planning permission in principle, approval of matters specified in conditions (related to planning permission in principle) and the streamlined requirements for applications relating to a development that had previously been granted planning permission ("further applications"). Commentary is included on the content of applications such as new requirements for pre-application consultation reports and design or design and access statements, which accompany applications for certain development.
Processing Applications
1.8 The circular explains requirements for: putting applications on the register, the list of extant applications (a new requirement) and weekly lists, carrying out neighbour notification (the responsibility of the planning authority from 3 August 2009) and any advertising which may be required.
1.9 The circular also discusses the new requirements for pre-determination hearings and decision by full council which apply to applications for either major developments which are significantly contrary to the development plan or to national developments.
1.10 There are new requirements for Reports of Handling for all applications for planning permission or planning permission in principle, except where the application is to be determined under local review as reviews have their own distinct informational requirements.
1.11 New requirements in relation to information on decision notices are also set out.
Post application Processes
1.12 The circular explains the requirements on notices of initiation of development, notices of completion of development and on-site notices and covers the information which is required to be submitted, or displayed, in the notice and, in the case of on-site notices, the classes of developments for which a notice has to be displayed.
Processing Agreements
1.13 Whilst not a statutory requirement, the circular provides guidance on the preparation, form and content of processing agreements.
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