Planning circular 3/2022: development management procedures

Footnotes

1. Town and Country Planning (Scotland) Act 1997

2. Local Government (Scotland) Act 1973

3. Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013

4. Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017

5. Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022

6. Town and Country Planning (Hierarchy of Developments)(Scotland) Regulations 2009

7. The Conservation (Natural habitats &c) Regulations 1994

8. Planning (Hazardous Substances (Scotland) Act 1997

9. Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015

10. Community involvement in the planning process

11. Scottish Government's Guidance on the Promotion and Use of Mediation in the Scottish Planning System (Circular 2/2021)

12. International Commission on Non-Ionising Radiation Protection

13. Planning Advice Note 68: Design Statements

14. Designing Streets

15. Access Panel Network - Access Panels in Scotland

16. The Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations

17. Planning Circular 5/2013: Schemes of delegation and local reviews

18. "road" has the same meaning as in section 151 of the roads (Scotland) Act 1984

19. Although not the subject of this circular, this requirement also applies regarding major developments and applications for modification or discharge of a planning obligation under section 75A(2) or for an approval required by a development order.

20. Circular 3/2015 on Planning Controls for Hazardous Substances

21. Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997

22. The Town and Country Planning (Charges for Publication of Notices) (Scotland) Regulations 2009

23. Introduced by Article 5 of the Planning etc. (Scotland) Act 2006 (Development Managment and Appeals) (Saving, Transitional and Consequential Provisions) Order 2009

24. Planning Advice Note 77: Designing Safer Places

25. Planning Circular 1/2017: Environmental Impact Assessment regulations

26. For example:

(1) The date of the planning authority's decision notice is 1 September – your full

notice of local review must be received on or before 30 November (note:

1 December would be the start of the fourth month, and so too late).

(2) The planning authority has not made a decision on your planning application,

and it should have done so by 15 March. You can seek a local review regarding non-

determination, but the last day by which you can do so is 14 June.

27. 'period allowed for determination" is defined in relation to applications to which local review applies in regulation 8(2) of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 - http://www.legislation.gov.uk/ssi/2013/157/contents/made

28. For example:

(1) The date of the planning authority's decision notice is 1 September – your full

notice of an appeal to Scottish Ministers must be received on or before 30 November (note:

1 December would be the start of the fourth month, and so too late).

(2) The planning authority has not made a decision on your planning application,

and it should have done so by 15 March. You can appeal to Scottish Ministers regarding non-

determination, but the last day by which you can do so is 14 June.

29. 'the period allowed for determination 'in relation to applications subject to a right of appeal to Scottish Ministers is defined in regulation 3(2) of the Town and Country Planning (Appeals) (Scotland) Regulations 2013 - http://www.legislation.gov.uk/ssi/2013/156/contents/made and https://www.gov.scot/publications/planning-series-circular-4-2013-planning-appeals/ .

30. Sections 41A and 41B contain statutory requirements for conditions in relation, respectively, to noise sensitive development and provision of toilet facilities in relation to certain large developments. Section 27B has requirements for conditions on notification of completion of development where development is phased – see paragraph 5.8.

31. These are defined in the Town and Country Planning (Marine Fish Farming) (Scotland) Order 2007

32. Circular 10/2009 on Planning Enforcement

33. 2015 Report on the Benefits of Using Processing Agreements

34. Pending the adoption of National Planning Framework (NPF) 4, from which point the NPF itself will be part of the development plan.

35. This PAC exemption for 'Section 42 Applications' predates the 1 April 2022 changes.

36. Applications for planning permission under section 42 have to be made for the same development and is intended to allow only changes to or removal of the conditions attached to the previous permission to be considered. There will be limited scope for PAC to alter the development prior to such an application. See Annex H on Section 42 Applications.

37. There is an error in the legislation in denoting the contents of the PAC report – i.e. no (h). We have replicated that here to avoid any confusion when reading the guidance alongside the legislation.

38. Where an application is being made under section 42 (and consequently exemption from PAC applies under section 35A(1A)(a) applies), a statement to that effects is already required by regulation 11.