Overhaul of the Planning System in Scotland
The overhaul of the planning system is now gaining momentum. New legislation is coming into force with the implementation of the Planning etc (Scotland) Act 2006. The key changes to note are as follows.
Development Planning
Local Authorities in the four City regions of Edinburgh, Glasgow, Aberdeen and Dundee are now required to prepare Strategic and Local Development Plans to replace the framework of Structure Plans and Local Plans. Outwith the city regions, authorities will prepare Local Development Plans only. Local Plan Inquiries will be replaced by Examinations where authorities can only depart from the reporter’s recommendations in limited circumstances.
Development Hierarchy
Applications can be classed as national, major or local developments and will be handled accordingly. Minor applications will be removed from the formal planning system altogether. The classes of development and thresholds for major applications are:
Development |
Threshold |
Development under Schedule 1 to the EIA (Scotland) Regulations 1999 |
All Developments |
Housing |
50 or more dwellings;
or site exceeds 2 hectares
|
Business and General Industry, Storage and Distribution |
Building of 10,000 sq m or more gross floor space; or site exceeds 2 hectares |
Electricity Generation |
Capacity exceeds 20 MW |
Waste Management Facilities |
Capacity of 25,000 tonnes per annum or above |
Transport & Infrastructure |
Length of road, railway, tramway, waterway, aqueduct or pipeline exceeds 8km |
Fish Farming |
Water surface area of 2 hectares or above |
Minerals |
Site area of 2 hectares or above |
Other Development |
Floor space greater than 5,000 sq m;
or site exceeds 2 hectares
|
Development Management
Pre-application consultation will be mandatory for major and national developments. Applicants must provide information on the type of consultation proposed and this must be approved by the planning authority. The minimum requirement will be for Community Council consultation and at least one public event.
From August there will be five types of planning permission:
- Full Planning Permission
- Planning Permission in Principle
- Renewal of Consent
- Application for development without complying with conditions previously attached
- Approval of matters specified in conditions
Conditions will be purified through a formal application process.
Appeals
Where applications are refused or not determined within the period allowed, appeals for local development will be considered by a Local Review Body, or in the case of national or major applications, by Scottish Ministers. It is important to note the period for lodging any planning appeal is now only three months from the determination and generally no additional supporting information will be considered other than what was lodged with the initial application.
The planning process has been comprehensively front loaded. It is therefore in the applicant’s best interests to commission the most thorough submission possible, although this will have cost implications.
Summary
Regulation
|
Date of coming into effect |
Development Planning
|
28 February 2009 |
Development Planning
(Saving Transitional and Consequential Provisions)
|
28 February 2009 |
Grounds for Declining to Follow Recommendations
|
28 February 2009 |
Hierarchy of Developments
|
6 April 2009 |
Schemes of Delegation
Local Review Procedure
|
6 April 2009
3 August 2009 |
Fixed Penalties
|
3 August 2009 |
Appeals
|
3 August 2009 |
Development Management |
6 April 2009 (pre-application consultation & e-planning)
3 August 2009 (remainder)
|
For more information on the changes to the Planning Regulations please contact: ged.hainey@ryden.co.uk
|