Planning Advice Note 3/2010: community engagement

ANNEX 2: GLOSSARY OF PLANNING TERMS

Action Programme - a document setting out how the policies and proposals in the strategic or local development plan will be delivered, including action by the planning authority, private developers and other organisations. An Action Programme is also attached to the National Planning Framework.

Adoption - the bringing into force of a local development plan.

Appeals - applicants aggrieved by the decision of a planning authority to refuse planning permission or grant planning permission subject to conditions may in certain circumstances have a right of appeal to the Scottish Ministers (see also Local Reviews). Other appeals include those related to listed building consent, advertisement control and enforcement action. The developer may also appeal if the planning authority has failed to make a decision within the required period. Responsibility for determining most appeals to the Scottish Ministers is delegated to the Directorate for Planning and Environmental Appeals ( DPEA).

Approval - with regard to development planning, bringing into force a strategic development plan.

Design / Design and Access Statement - statements which accompany certain planning applications setting out how issues relating to design or design and access for disabled people have been considered when developing the proposal.

Development Brief - a document which sets out guidance on how planning and design should be implemented on a specific site.

Development Management - the term (previously known as Development Control) refers to the management of development through the submission of planning applications and decisions made on them by planning authorities, or in some cases, by the Scottish Ministers.

Development Plan - made up of the local development plan, the strategic development plan (if any) and any supplementary guidance prepared in connection with those plans. Old-style structure plans and local plans will form the development plan until they are replaced by new-style strategic and local development plans. Legally, decisions on planning applications must be based on the development plan in the first instance.

Development Plan Scheme - a document setting out the planning authority's programme for preparing and reviewing their strategic development plan or local development plan. It includes a Participation Statement.

Development Plan Examination - an assessment by someone appointed by the Scottish Ministers of unresolved issues raised in representations on strategic or local development plans. proposed development plans. This happens before plans can be approved / adopted.

Directorate for Planning and Environmental Appeals ( DPEA) - a Directorate of the Scottish Government whose reporters will normally assess representations to development plans and take decisions on most planning appeals on behalf of the Scottish Ministers.

Enforcement - procedures to ensure development is carried out correctly and appropriate action is taken when development happens without planning permission or when planning conditions have not been followed.

Environmental Impact Assessment ( EIA) - a procedure for ensuring that the likely significant effects of new development on the environment are fully understood and taken into account before planning permission is granted.

Hierarchy - as set out in the 2006 Planning Act, through the Hierarchy, all developments are categorised as National, Major or Local.

Local Development - within the hierarchy, any development which is not National or Major.

Local Development Plan - sets out a detailed statement of the planning authority's policies and proposals for the development and use of land. Local development plans cover the whole of Scotland and there may be several within a single planning authority area.

Local Review - where an application for a local development which is delegated for decision by an individual officer within the scheme of delegation has been: refused; granted subject to conditions; or not determined within two months, then the applicant may require the planning authority's Local Review Body to review the case.

Local Review Body - the committee of the planning authority comprising at least three elected members who conduct the local review.

Main Issues Report - a report published by the planning authority at an early stage in preparing each strategic development plan and local development plan. It identifies the key issues that face the area including development proposals and alternatives to these.

Major Development - development defined in the Schedule to the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009. It includes the development of 50 or more dwellings plus certain transport, energy and waste developments.

Master plan - explains how a site or a series of sites will be developed, describing and illustrating the proposed urban form in three dimensions.

Material Consideration - is a planning issue which is relevant to the application and can include national policy, comments (on planning issues) by the public and by organisations the council has consulted, the design of the proposed development, and the effect of the proposal on the environment. Legally, decisions on planning applications must be made in line with the Development Plan unless material considerations indicate otherwise. What weight to be given to a particular consideration is a matter for the decision maker, for example a planning officer, the local review body or ultimately, the Courts. Further information on material considerations can be found in Annex A of Circular 4/2009 Development Management Procedures.

Mediation - a process involving an independent third party, whose role is to help parties to identify the real issues between them, their concerns and needs, the options for resolving matters and, where possible, a solution which is acceptable to all concerned.

National Development - development set out in the National Planning Framework and including the replacement Forth crossing, other strategic transport enhancements plus infrastructure for the 2014 Commonwealth Games.

National Park Authority - the two designated National Park Authorities in Scotland are the Loch Lomond and the Trossachs National Park and the Cairngorms National Park.

National Planning Framework ( NPF) - a document published by the Scottish Government providing a national context for development plans and planning decisions, as well as informing the ongoing programmes of the Scottish Government, public agencies and local authorities. In addition, it sets out the National developments.

National Standards for Community Engagement - published in 2005 and set out best practice guidance for engagement between communities and public agencies. Negotiation - a process by which those involved in a discussion of issues seek to find a common understanding and to explore options for resolving differences then by agreement.

Neighbour Notification - legal requirements relating to informing people with an interest in neighbouring land or property in 1) the immediate surrounding area of development proposals, that a planning application has been submitted to the council or 2) that a local development plan contains proposals for that site. This provides neighbours with an opportunity to make comments.

Participation Statement - sets out the ways in which local people and other stakeholders will be involved in the preparation of strategic development plans and local development plans. It forms part of the Development Plan Scheme.

Planning Application - a formal request seeking planning permission (including planning permission in principle) to undertake development or a change of use of land or buildings. It can also include reference to applications for approval, consent or agreement required by a condition attached to a planning permission, e.g. applications for approval of matters specified in conditions attached to planning permission in principle.

Planning Committee - a group of elected members, Councillors, in a local authority who have the responsibility of taking decisions on planning applications or planning policy, including development plans.

Planning Register - a record of all planning applications and decisions, held and maintained by the planning authority and available for public inspection.

Pre-application consultation - a legal requirement for applicants for national and major developments to consult with communities before any planning application is submitted. There is a legal minimum requirement which can be added to by the planning authority in individual cases.

Pre-application consultation report - where pre-application consultation is required, the applicant must submit with their planning application a report on the consultation undertaken.

Pre-determination Hearing - an opportunity of appearing before and being heard by a Committee of the Council before a decision on applications for certain types of development (as defined in regulations) is made.

Proposal - a proposal by a planning authority, a landowner or a developer for a specific development on a specific site.

Proposal of Application Notice - a notice provided by the prospective applicant where pre-application consultation is required and giving information on the proposed development and outlining the intended consultation with the community.

Proposed Plan - the public stage in the preparation of a strategic development plan or local development plan after the main issues report. The proposed plan represents the planning authority's view of what the final content of the plan should be. Unresolved issues raised by the public in formal representations on the proposed plan are considered at the development plan examination.

Reporters - officials from the DPEA who hold examinations into development plans and take decisions on most planning appeals on behalf of the Scottish Ministers.

Representation - a comment made on a planning issue by a member of the public, statutory consultee and other stakeholder. Representations include objections and expressions of support.

Scheme of Delegation - is a document prepared by the planning authority which sets out under what circumstances developments will be decided by the planning committee or a planning officer.

Scottish Ministers - the group of Ministers that collectively comprise the Scottish Government. While the general term Scottish Ministers is used, decisions on strategic development plans and on a limited number of planning applications which raise national issues are taken by an individual Minister.

Scottish Planning Policy - is the statement of Scottish Government policy on nationally important land use planning matters.

Strategic Development Plans ( SDPs) - plans prepared by strategic development plan authorities and approved by Scottish Ministers, which set out a long-term vision and a strategy to deal with the key planning issues that extend beyond individual planning authority boundaries. They do not need to cover detailed planning issues as these are covered by local development plans prepared by each planning authority.

Strategic Development Planning Authorities ( SDPAs) - a group of planning authorities acting jointly to prepare a strategic development plan ( SDP). The SDPAs do not cover the whole country - only the four main cities of Aberdeen, Dundee, Edinburgh and Glasgow and their surrounding areas.

Strategic Environmental Assessment ( SEA) - a process for identifying and assessing the significant environmental effects of a strategy, plan or programme so that they may be taken into account before the plan is approved or adopted. All development plans must meet the requirements for SEA.

Supplementary Guidance - detailed guidance, for example on design, adopted by the planning authority in connection with a strategic development plan or local development plan. Supplementary guidance forms part of the development plan where it has met requirements on participation and adoption. Planning authorities may also publish other non-statutory guidance that does not form part of the development plan.

Weekly List - a list of applications received that week by the planning authority and provided to the community council and the wider public.