Background
Development Management (formerly called Development Control) ensures planning applications and other consents are processed through the planning system. The main procedures for dealing with applications are set down in The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008. 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. Flowcharts showing the procedures for National, Major and Local Developments have been produced.
[Please note links to legislation are to the Office of Public Sector Information (OPSI) website which does not incorporate changes made to regulations. The Development Management Procedure Regulations for example have been amended by the The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2009].
Applications for planning permission are dealt with, in the first instance, by the planning authority (usually the local council). Each planning authority works under the general principle that decisions are taken locally, unless there are specific reasons for referring them to Scottish Ministers. Scottish Ministers have a general power to intervene in the determination of a planning application and would do so only where it appears there may be some matter of genuine national interest at stake.
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Policy summary
Scottish Planning Policy (SPP) sets out the current policy on development management. This is supported by Circular 4/2009 on Development Management Procedures.
The future policy aims are to make development management:
- fit for purpose
- responsive to different types of development proposals
- lead to improved efficiency in the determination of applications
- improve public involvement in the consideration of proposals requiring planning permission
- improve transparency by moving the responsibility for neighbour notification to the planning authority
- ensure the content of decision notices and reports are publicly available
- a more robust and project managed approach to processing agreements
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Latest
The new planning system sets out how different types of development should be dealt with, and who, should be involved in the process. Work is also underway to remove a significant number of minor household developments from the planning application process by extending permitted development rights in this area - see Modernising planning for more information.
The main provisions of The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 (as amended) came into force on August 03, 2009 along with relevant provisions of the Planning Etc. (Scotland) Act 2006. Provisions on pre-application consultation requirements have been in force since April 06,2009, but only in relation to applications for major or national developments made on or after August 03, 2009. This early coming into force was to allow those who intended to make applications on or after August 03, 2009 have the opportunity to carry out pre-application consultation in advance of making an application.
The legislation associated with modernising planning can be viewed on the Office of Public Sector Information and we have page of links to this legislation .
Publications
- Circular 4/2009 - Development Management Procedures, describes the requirements for processing planning applications covered by the amended Town and Country Planning (Development Management Procedure (Scotland) Regulations 2008 and the relevant provisions of the amended Town and Country Planning (Scotland) Act 1997.
- Circular 5/2009 - Hierarchy of Developments, explains the three categories in the new hierarchy of developments, and sets out how major and local developments are classified
Research
Processing Planning Applications for National and Major Developments
We have published research which looks at best practice in the efficient handling of planning applications for national and major developments.
Aspects included in the research are processing agreements, effective engagement with statutory consultees and elected members, and the potential benefits of an advisory service to support those involved in dealing with major planning applications. The research covered existing practice within Scotland as well as a review of the English system and, in particular, the service provided by the Advisory Team for Large Applications (ATLAS). The research focused on identifying successful approaches to streamlining the processing of major applications and the effectiveness and efficiency of different approaches.
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