Why do we have a planning system?
Sustainable development
How does the planning system work?
Development Plans
Decisions on planning applications
Enforcing planning control
Involving the public
The role of the Scottish Government
What can you expect from the planning system?
Where can you get more information?
Why do we have a planning system?
Constructing new buildings, altering the use, accessibility and appearance of buildings, and other changes in the way land is used are essential to help the economy grow and meet the need for homes, jobs, shops, leisure and mobility.
The nature, quality and location of these new developments are important. Poorly-designed developments in unsuitable places can damage the quality of life in a community. It is not easy or cheap to put mistakes right.
The planning system is there to encourage positive change in our villages, towns and cities while protecting the things that make local areas attractive and special assets such as historic buildings and the countryside. The system balances competing and often conflicting demands to make sure that land is used and developed in everyone's long-term interest.
It is important to achieve development which avoids harming the long-term needs of people, the economy or the environment. This is called sustainable development. Planning can help to encourage sustainable development by influencing new buildings and changes in land use. This means that planning policies will support:
- re-using vacant, derelict and previously-developed land;
- re-using buildings that make local areas attractive;
- making sure it is possible to get to existing and new developments by foot, cycle and public transport, as well as by car;
- conserving important historic areas and buildings; and
- protecting areas that are important for recreation or wildlife.
How does the planning system work?
Planning is about the future development and use of land. Decisions are usually best taken at the local level, so planning is normally a matter for councils. Your council's three main planning duties are:
- preparing development plans;
- deciding on applications for planning permission; and
- taking action against development that hasn't been approved.
The development plan is made up of two parts - the structure plan and the local plan. Between them they show how much development may take place, where it will take place and where it is unlikely to be allowed. Development plans are the basis for decisions on planning applications. They contain policies for the future development and use of land in an area. Plans can cover a wide range of issues such as housing, transport, employment, shopping, recreation and conserving and protecting the countryside.
The structure plan for an area takes a long-term view of development, considering its general scale and broadly where it should be located. Each council will prepare a structure plan either alone or working with neighbouring councils. After there has been wide consultation with the public and other interested people and organisations, the council submits a structure plan to us for approval.
Local plans are often for smaller areas. They set out more detailed policies and proposals to guide development. Again, councils must consult widely on the content of a local plan. After considering all views and objections and making suitable changes, councils will adopt the local plan as the basis for their decision making in the area. They cannot do this if the local plan is not in line with the approved structure plan.
Decisions on planning applications
Scottish councils decide over 40,000 planning applications every year. On average, they grant permission to more than 90%.
You need planning permission for 'development'. 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 rules controlling the need for planning permission are complicated. Some minor proposals are classed as permitted development and don't need permission from the council. The council's planning department will be able to tell you whether you need planning permission. It's helpful to discuss proposals with them before you make an application. This can save time.
You must tell your neighbours what you propose before you apply for planning permission. Your neighbours have the right to comment on the application within 14 days of the council receiving it. Certain types of application will also be advertised in local newspapers.
Your council must make its decisions on planning applications in line with the development plan unless material considerations suggest otherwise. A 'material consideration' is a planning matter which is relevant to the application and can include national policy, comments by the public and other people or organisations the council has consulted, the design of the proposed development, access and the effect on the environment. The council must decide how important these material considerations are. The need to consider all the evidence means that there is no guarantee that development plan policies will be followed in every case. But councils will usually approve applications for development in line with the plan.
Councils try to make decisions on planning applications within two months. Decisions on complicated and controversial schemes are likely to take longer. Our policy is that councils should decide at least 80% of all planning applications in two months.
The council can:
- grant planning permission without conditions;
- grant permission with conditions; or
- refuse permission.
If a council refuses your planning permission or grants your permission with conditions, it must give clear reasons, and you can appeal to our Inquiry Reporters' Unit. You must make your appeal within six months of the council's decision.
Enforcing planning control
Enforcing planning rules helps to protect you, our towns and our countryside. It makes sure that developments have the necessary planning permissions and are in line with any conditions which have been set.
Your council is responsible for this enforcement. It can decide what action to take, but the action should match the problem that breaking the planning rules has caused. If a council does not take suitable action, it can be reported to the Scottish Public Services Ombudsman.
Councils have the power to issue notices showing the action needed to correct a problem that was caused by breaking planning rules. It is a criminal offence to fail to act on these notices.
If you are concerned that development has taken place without permission, contact your council's planning department.
Involving the public is an important feature of the planning system and councils must do this by law. Two main ways in which people and communities can become involved are:
- contributing to the preparation of development plans; and
- commenting on planning applications.
Councils must provide opportunities for public involvement when preparing structure and local plans. Different councils will do this in different ways. Your local council will advertise when and how it plans to involve the public.
Councils usually try to settle objections to local plans by negotiating with everyone involved. If this is not possible, objections will be considered in public at a 'local plan inquiry' before the council decides how it will adopt the plan.
Everyone has the right to comment on a proposed development that is likely to affect them. This not only means neighbours and people who are most directly affected by a proposal, but also the wider community. Your council will tell you how to make a comment.
You can look at planning applications at council offices. Everyone has the right to information on planning matters that affect them, and to make sure that their views will be taken into consideration when councils make their decisions.
Community councils get a list of planning applications every week. They may ask to be formally consulted on some of them. Community councils usually try to focus on proposals that raise issues of genuine community interest.
The role of the Scottish Government
Our main functions in relation to planning are:
- maintaining and developing the law on planning;
- giving policy guidance and advice;
- approving structure plans; and
- making decisions on some major planning applications and all appeals.
The law covering most aspects of planning in Scotland is the Town and Country Planning (Scotland) Act 1997.
A series of Scottish Planning Policies/National Planning Policy Guidelines sets out our policy on nationally important land use and other planning matters. They cover issues such as transport, natural heritage, land for housing, shopping and town centres. A series of Planning Advice Notes gives advice on how best to deal with matters such as local planning, rural housing design, and improving small towns and town centres.
The Scottish Ministers have the power to make decisions on planning applications, but they only do this in certain circumstances, for example, if a council:
- does not want to follow an approved structure plan (for example, by developing in the green belt); or
- has a financial or other interest.
Appeals against refusal of planning permission, conditions attached to a planning permission, or an enforcement notice are lodged with the Scottish Ministers. Our Inquiry Reporter's Unit considers the appeals. It makes most of the decisions, although the Scottish Ministers will make decisions in some major cases.
What can you expect from the planning system?
A high-quality service that is consistent, open and fair.
Where can you get more information
Your council planning department
- Structure plans and local plans prepared by your council give guidance for the future development of an area.
- These plans guide council decisions on applications for planning permission.
- Your council will be able to tell you whether you need planning permission and how to apply.
- You can contribute to structure and local plan policies or comment on proposed developments.
- Your council has legal powers to enforce planning control. It can decide what action to take.
Scottish Governemt
- You can write to us about planning matters at Planning Division, Victoria Quay, Edinburgh, EH6 6QQ.
- For help over the phone about planning in Scotland, phone 0345 741 741 Monday to Friday, 9am to 5pm, and ask for the planning helpline. Your call will be charged at the local rate.
- Our planning website gives details of planning legislation, National Planning Policy Guidelines, Planning Advice Notes, and information on performance and good practice by councils. www.scotland.gov.uk/planning
- For information about appeals, please contact our Inquiry Reporters Unit: SEIRU, 4 The Courtyard, Callendar Business Park, Falkirk FK1 1XR. Telephone: 01324 696 400. www.scotland.gov.uk/planning_appeals/seiru
Planning Aid for Scotland
Royal Town Planning Institute in Scotland
- The professional organisation of town planners: RTPI, 57 Melville Street, Edinburgh, EH3 7HL. Phone: 0131 226 1959. www.rtpi.org.uk
You can see this booklet on our planning website:
www.scotland.gov.uk/planning or ask us for copies. We can supply the text free of charge in Braille, audio tape, large print format, Urdu, Punjabi, Arabic, Chinese and Gaelic from SEDD Planning Services, Victoria Quay, Edinburgh, EH6 6QQ. Phone 0131 244 7543.