Planning Circular 3/2013: Development management procedures (withdrawn)

Guidance on the requirements in relation to applications for planning permission. This has been replaced by a new Circular – Circular 3/2022 – on Development Management Procedures, published on 21 October 2022.


This section sets out the meaning of various terms for the purposes of the Circular.

"the 1997 Act"

the Town and Country Planning (Scotland) Act 1997 [1] (as amended)

"the 1973 Act"

the Local Government (Scotland) Act 1973 [2]

"the DMR"

the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 [3]

" EIA"

environmental impact assessment under the " EIA Regulations"

" EIA Regulations"

the Town and Country Planning (Environmental Impact Assessment) (Scotland)Regulations 2011 [4]

"Fees Regulations"

the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004 (as amended)

"the hierarchy"

the hierarchy of national, major and local developments. The NPF specifies national developments, the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 [5] specify major developments. Anything not specified in either of these is a local development

"householder development"

the carrying out of building, engineering or other operations - (a) to improve, add to or alter an existing dwellinghouse; (b) within the curtilage of a dwellinghouse for a purpose incidental to the enjoyment of that dwellinghouse; or (c) to erect or construct a gate, fence or wall or other means of enclosure along the boundary of the curtilage of a dwellinghouse

"the NPF"

the National Planning Framework

"neighbouring land"

a plot or area of land (other than land forming part of a road) which, or part of which, is conterminous or within 20 metres of the boundary of the land for which the development is proposed.

" PAC"

Pre-application consultation with communities under section 35A(1) of the 1997 Act


unless otherwise stated, means a regulation in the DMR


unless otherwise stated, means a section of the 1997 Act

"Section 42 Application"

means an application for a new planning permission or new planning permission in principle for a development but with different conditions from those attached to a previous permission for that development. In determining such an application, the planning authority can only consider changes to the conditions on the previous permission. However, in some cases this does not preclude the consideration of the overall effect of granting a new planning permission, primarily where the previous permission has lapsed or is incapable of being implemented. See Annex I.


unless otherwise stated, means a schedule to the DMR

"statutory consultee"

bodies who must be consulted on an application by virtue of the DMR, other legislation or a direction from Scottish Ministers


Email: Scottish Government Planning,

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