Planning is vital to the future development of Scotland. It often has to balance competing and conflicting demands to ensure that land is used in the best way for everyone's long-term interest. Poorly-designed developments in unsuitable places can damage the quality of life in a community. The quality, location and environmental impact of any new development therefore always needs careful consideration.
Aims
- set the land use framework
- encourage good development
- protect our natural and built heritage
- create vibrant communities
- develop sustainable places
Planning legislation
Planning permission is almost always required for 'development' on any significant scale. This term is defined in law and covers a wide range of building and engineering work as well as changes in the way land and buildings are used. Planning law also covers changes to listed buildings and control of advertisements.
The main planning law in Scotland is The Town and Country Planning Act (Scotland) 1997 Chapter 8 (this is a link to the OPSI website). The Planning etc. (Scotland) Act 2006 amends the 1997 Act, and from August 03, 2009 the majority of the 2006 Act will be in force with regard to Development Planning and Development Management (including appeals, local reviews and enforcement).
[Please note that pre-1999 legislation is available through the Office of Public Sector Information (OPSI). The legislation link to OPSI may not be the current version of the legislation incorporating subsequent amendments.]
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National Planning Framework
Scottish Ministers are responsible for the National Planning Framework for Scotland (NPF) which sits at the top of the policy hierarchy and is the long term strategy for the development of Scotland over the next 25 years.
The National Planning Framework is supported by the Scottish Planning Policy and Planning Advice Notes (PAN) .
The Scottish Planning Policy (SPP) and National Planning Policy Guidance (NPPG) series' are being consolidated into one document. The thematic policies, currently set out in SPPs and NPPGs, will remain in force until replaced by the consolidated SPP in 2009.
- PANs provide advice on good practice and relevant information.
Development planning
At local government level, development plans lie at the heart of the planning system. They are intended to provide a clear vision of how our places should develop, and are the core documents against which planning applications are assessed for determination. Development planning is a consultative process which involves a range of interests, includes strategic environmental assessment and results in a plan for local development.
Development management
Development management (formerly called Development Control) concerns primarily processing of applications for planning permissions and related applications. The main piece of legislation in this regard is the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 as amended. The regulations are linked to a new Hierarchy of national, major and local developments as set out in the national Planning Framework and the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009. This will encourage a more proportionate approach to processing planning applications, focusing resources on proposals that involve greater economic benefits or environmental.
Applications for planning permission are dealt with, in the first instance, by the local planning authority. Each authority works under the general principle that decisions are taken locally, unless there are specific reasons for referring them to Scottish Ministers. Ministers will also only intervene in very exceptional circumstances to determine a planning application
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Enforcement
Enforcement is the responsibility of local planning authorities and brings unauthorised development under control. Any unauthorised development or breach of planning permission should be dealt with quickly, efficiently and rigorously.
Appeals and Local Reviews
Where applications for major or national development are determined on or after 3 August and the planning authority refuses consent or grants consent subject to conditions, the applicant has the right of appeal to the Scottish Ministers. Where applications for local development are determined by council members rather than delegated for decision to officers, applicant will have a similar right of appeal. The Scottish Ministers may uphold or dismiss the appeal, or reverse or vary any part of the decision of the planning authority. This can include amending a condition previously attached to the grant of consent.
On an appeal, the Court cannot impose its own decision over that of the Scottish Ministers. All it can do is quash the decision, which then refers the matter back to the Scottish Ministers for redetermination. There can be no guarantee, therefore, that a successful challenge to the Court will result in a different decision.
Where applications for local development are delegated for decision to an appointed officer, and he or she consent or grants consent subject to conditions, the applicant has the right to require a local review of the decision by a local review body made up of council members. The local review body may uphold, reverse or vary a decision which they are asked to review.
Role of the Scottish Government
The Directorate of the Built Environment has several key roles to play within the Scottish Government:
- maintains and develops the law on planning
- provides policy and advice on key policy subjects (alphabetical)
- approves structure plans
- makes decisions on some major planning applications and appeals
For more detailed information on the planning system Scottish Planning Policy (SPP) and Delivering Planning Reform.
Who is this guide for?
The guide is for you if you:
- want to know more about how the planning system works; or
- want to apply for planning permission.
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