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Development Department Circular 1/2000

CODE OF PRACTICE FOR PLANNING APPEALS AND OTHER PLANNING CASES DETERMINED BY WRITTEN SUBMISSIONS

INTRODUCTION

1. The Scottish Executive wishes to promote measures to speed up the appeal process as part of its commitment to providing a modern, effective and efficient planning system. As the vast majority of appeals are decided by means of written submissions it is essential that the procedure for dealing with written submissions is also efficient and effective.

2. The procedure for dealing with cases by written submissions was introduced as an alternative to the public local inquiry procedure to offer a simple means of determining fairly, efficiently and quickly, small scale planning and planning related appeals. The procedure evolved through administrative practice over the years. However in 1990, the Town and Country Planning (Appeals) (Written Submission Procedure) (Scotland) Regulations gave this procedure a statutory basis. It also sought to improve and streamline the process. SDD Circular 7/1990 provides guidance on the Regulations.

3. This circular sets out a Code of Practice for the operation of procedures for determining planning appeals by means of written submissions and site inspections. These appeals are identified in the Town and Country Planning (Appeals) (Written Submission Procedure) (Scotland) Regulations 1990.

SCOPE

4. In addition to appeals the Code will also apply to applications for planning permission and listed building consent which have been called in for determination by the Scottish Ministers and to appeals against refusal of listed building consent.

CONTEXT

5. In the period since 1990, when the Regulations were introduced, activity in the planning field has been sustained at a high level and procedures have generally operated satisfactorily. The Regulations prescribe a statutory timetable for the written submissions procedure and the Scottish Ministers look for the co-operation of the planning authorities in keeping to the timetable as closely as possible. However, over the years delays have appeared in the procedure and the purpose of the Code is to discourage such delays occurring in the future. This timetable embodies the basic concept of the written submissions procedure, namely that the number of exchanges between the parties would be kept to a minimum, normally consisting of:

• the appellant’s grounds of appeal;
• either the appeal questionnaire and related supplementary papers or statement on the appeal by the planning authority; and lastly
• a written submission in response by the appellant.

KEY PRINCIPLES

6. The key features of the Code are that:

• appellants should supply full grounds of appeal at the outset;
• during exchanges parties should aim for clarity, brevity and precision;
• planning authorities should observe the deadlines for the submission of the questionnaire and the statement of observations;
• site inspection should be arranged as early as practicable; and
• parties should conclude their submissions within the specified period before the site inspection takes place.

MANPOWER AND FINANCIAL IMPLICATIONS

7. Since the main purpose of the Code of Practice is to improve the efficiency and effectiveness of previous guidance on written submissions rather than to introduce substantial new requirements, no significant effect on local government manpower or expenditure is expected.

FURTHER DEVELOPMENT

8. The Scottish Ministers propose to keep the guidance in this circular under review. Accordingly they would welcome constructive comments from planning authorities and from any other interested party on its operational effectiveness.

FURTHER COPIES AND ENQUIRIES

9. General inquiries about this circular should be addressed to Mrs Anne Lillico, The Scottish Executive Development Department, Planning Division, 2-H44, Victoria Quay, Edinburgh EH6 6QQ (Telephone 0131 244 7825); e-mail: anne.lillico@scotland.gov.uk. Further copies and a list of current planning circulars can be obtained from the same address (Telephone 0131 244 7066); e-mail: planningdivision@scotland.gov.uk.

10. Detailed enquiries about the operation of the Code should be addressed to the Scottish Executive Inquiry Reporters Unit, 2 Greenside Lane, Edinburgh EH1 3AG (Telephone 0131 244 5649).

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