Development management (formerly called Development Control) ensures planning applications and other consents are processed through the planning system.
Planning permission is almost always required for 'development' on any significant scale. This term is defined in law under the Planning etc. (Scotland) Act 2006 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 procedures for dealing with applications are set down in the Town and Country Planning (General Development Procedure) (Scotland) Order 1992, as amended. Applications for planning permission are dealt with, in the first instance, by the local planning authority. On average, local planning authorities currently consider over 40,000 planning applications every year and permission is granted to more than 90% of the applications.
Applying for planning permission
Some minor proposals are classed as permitted development and don't need planning permission. For advice and clarification, contact your local planning authority. It's always helpful to discuss any proposals with them before you make an application.
Your local planning authority must make its decisions in line with the development plan, unless material considerations suggest otherwise. A 'material consideration' is a planning matter which is relevant to the determination of applications and can include:
- national policy
- comments by the public and other people or organisations the authority has consulted
- the design of the proposed development
- access
- the effect on the environment
The authority must decide how important these material considerations are on a case by case basis. Therefore, there is no guarantee that development plan policies will be followed in every case. However, authorities will usually approve applications for development in line with the plan.
Authorities try to make decisions on planning applications within two months. Decisions on complicated and controversial schemes are likely to take longer. The authority can make one of three decisions:
- grant planning permission without conditions
- grant permission with conditions
- refuse permission
If an authority refuses your planning permission or grants your permission with conditions, it must give clear reasons. You can appeal, within six months of the authority's decision, to the Directorate of Planning and Environmental Appeals.
Authorities works under the general principle that decisions are taken locally, unless there are specific reasons for referring them to Scottish Ministers. In most cases, the Scottish government will only consider major applications. Ministers will also only intervene in very exceptional circumstances to determine a planning application.