Strategic planning/zoning in Scotland is governed by a combination of law and policy. The law is contained in framework primary legislation with the detail in secondary legislation. There are statutory obligations on Scottish Ministers and local planning authorities to prepare planning policy. At national level, Scottish Ministers are required to prepare a National Planning Framework which may designate developments as 'nationally important development'.
Scottish Ministers also prepare non statutory policy in the form of Scottish planning policy, planning advice notes and circulars. The content of national policy is an important material consideration in the determination of planning applications.
At local level, strategic planning policy is set out in the 'development plan'. For most of Scotland, the development plan consists of a single document known as a 'local development plan' prepared by the local planning authority for that area. However, in the four largest city areas (Aberdeen, Dundee, Edinburgh and Glasgow), the development plan currently consists of a two-tier system of 'strategic development plans' and 'local development plans'. There is increasing use by planning authorities of ‘supplementary planning guidance’ which has a less prescriptive method of preparation but which can now also form part of the development plan.
Legislation was passed in 2019 which will abolish strategic development plans but make the National Planning Framework part of the development plan. Statutory supplementary planning guidance will also be abolished. These reforms are not due to come into force until late 2022. Provision for local communities to prepare local place plans (which will not form part of the development plan) came into force in January 2022.
Planning applications are determined in accordance with the terms of the development plan unless material considerations indicate otherwise.
Last modified 13 Mar 2025
Yes, planning permission is normally required before any operational development or a material change of use can occur. In certain cases, specific planning permission is not required because the works or change of use are automatically authorised as 'permitted development'.
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Yes, the design and appearance of new buildings is governed by planning legislation. The method of construction is governed by building regulations.
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Yes, planning permission is required before land can be put to a new use. Certain limited changes of use are automatically authorised as 'permitted development'.
Last modified 13 Mar 2025
Responsibility for regulating development and designated use of individual parcels of land in Scotland largely lies with local planning authorities (ie the local councils) but certain cases are referred to Scottish Ministers for determination.
The main legislation is contained in the Town and Country Planning (Scotland) Act 1997. This has been subject to significant amendments by the Planning etc (Scotland) Act 2006 and further changes will be made by the Planning (Scotland) Act 2019. Much of the detail of the Scottish planning system is set out in regulations made under the 1997 Act. A new suite of these regulations was made to implement the changes made by the 2006 Act. Further sets of regulations are being made on a phased basis to implement the 2019 Act.
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This depends on the nature of the development and can only be determined on case by case basis, However, in addition to the main requirement for planning permission under the Town and Country Planning (Scotland) Act 1997, two of the main kinds of additional permit that may be required are listed building consent and conservation area consent. The main legislation for these is set out in the Planning (Listed buildings and Conservation Areas) (Scotland) Act 1997.
Buildings or architectural or historic value may be added by Scottish Ministers to a list of such buildings. Works which would affect the character of a listed building require listed building consent. It is an offence to undertake such works to a listed building without listed building consent. There are similar controls over works which affect scheduled monuments.
Local authorities may also designate parts of their area which have special architectural or historic interest as a conservation area. Conservation area consent is required for the demolition of an unlisted building within a conservation area.
It will often be necessary to construct a new road or extend an existing road in order for development to take place. If so, then road construction consent from the local roads authority will be required under the Roads (Scotland) Act 1984. Various other kinds of roads consents or roads orders may also be required (eg stopping-up order, road traffic regulation order) in order for a development to proceed.
In addition to the aforementioned consents, various kinds of environmental licences and permits may be required depending on the type of development concerned.
Certain types of use of premises may also require a licence from the local licensing authority. For example, serving alcohol and certain types of public entertainment (such as concerts and leisure complexes) require a licence. Types of residential accommodation may also require a licence. There is a system of licences for homes in multiple accommodation. The Scottish Government passed legislation in March 2022 requiring all Scottish licensing authorities to establish a short-term lets licensing scheme by 1 October 2022. Existing hosts and operations have until 1 April 2023 to apply for a licence with all short-term let properties requiring a licence by July 2024.
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At its simplest, the process involves the submission of a planning application to the local planning authority describing the proposals to the relevant local planning authority, who will refer the application and the information accompanying it to a range of consultees including the public and seek comments from them. A report will then be prepared with a recommendation as to whether planning permission should be granted or refused.
Under a hierarchy of development introduced by the Planning etc (Scotland) Act 2006, different development management procedures will apply depending on the type and scale of development proposed. For developments classed as 'local development', a significant proportion of applications will be delegated for determination by planning officers whilst the remainder will be determined by a planning committee.
For development classed as 'major development', the applicant must undertake consultation on the proposed development before an application may be submitted. The application is determined by a planning committee.
If an application for major development would involve a significant departure from the development plan or if an application is for 'national development' then, in additional to the pre-application consultation requirement, a hearing must be heard before the application can be determined. Anyone who has lodged a representation on such an application has the right to be heard at such a hearing.
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Third parties may object to a proposal. There is a procedural requirement to hold a hearing (which objectors have a right to attend) where an application is for national development or major development which would involve a significant departure from the development plan. Third parties cannot appeal against the grant of consent. A decision can, however, be challenged by way of judicial review by a third party if they can show that the decision may have been made unlawfully.
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The Scottish Ministers can 'call in' an application for their own determination if it meets certain criteria or raises issues of more than local importance. Appeals against refusal of applications or failure to determine applications (other than applications for local development delegated to officers) are also submitted for determination by Scottish Ministers. A decision can also be the subject of judicial review in the event that it has been made unlawfully.
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This depends on the subject matter of the application. The minimum period is 21 days after details of the application have been published but it is usually significantly longer than this. The requirement for pre-determination hearings for national development and certain types of major development inevitably means that these types of application will take longer to process. It is also possible for an application to be called in for determination by Scottish Ministers which can add considerably to the determination period.
An appeal for non-determination may be submitted if a decision has not been taken within a certain period of time. For local development applications an appeal against non-determination (or request for review in respect of a delegated application) may be submitted after two months. For major development and national development, an appeal for non-determination may be submitted after four months. For any development that requires an environmental impact assessment, the determination period after which an appeal may be lodged for non-determination is also four months.
Last modified 13 Mar 2025
There is a right of appeal against a relevant authority's decision to refuse planning permission or against the conditions imposed on a grant of planning permission. The appeal rights vary depending on where the application fits in the development hierarchy. For applications classed as local development which have been delegated for determination by officers, the applicant may request a review of the case by a local review body made up of members of the planning committee. For all other classifications of development, there is a right of appeal to Scottish Ministers. Most appeals which are handled by Scottish Ministers are delegated for determination to members of the Scottish Government's Directorate for Planning and Environmental Appeals (DPEA), known as 'reporters'.
There is no third party right of appeal against the grant of planning permission but third parties may bring judicial review proceedings if they can show that the decision may have been made unlawfully.
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Yes, some forms of development will require the entering into of a planning obligation under which the developer agrees to do certain things or make specified payments to mitigate the effects of the development. Planning obligations are most commonly secured by means of an agreement (known as a ‘section 75 agreement’) between a landowner and the planning authority but the landowner can now also execute a unilateral obligation which will be binding on subsequent owners of the land. The scope of section 75 agreements was extended by the Planning (Scotland) Act 2019 and new provisions introduced in relation to modification and discharge of obligations. Other agreements that may be required include agreements under the Water (Scotland) Act 1980 and Sewerage (Scotland) Act 1968 relating to the delivery of new water supply and drainage infrastructure. There are also various kinds of agreement that can be entered into with roads authorities. Perhaps the most common type is what is what is known as a section 96 agreement to set out responsibility for extraordinary damage to roads caused by development works. These are frequently required in relation to the delivery of wind farms components and in relation to minerals development.
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Under the reforms introduced by the Planning etc. (Scotland) Act 2006, the standard duration for grants of planning permission issued after 3 August 2009 has been reduced to three years. A longer period may be allowed at the discretion of the local planning authority (it was previously five years). Once a planning permission has been lawfully implemented it will normally endure forever (although it is possible to grant temporary planning permission).
Last modified 13 Mar 2025
Local planning authorities have power to serve enforcement notices requiring the cessation of the breach of planning control. Breach of an enforcement notice is an offence. Planning authorities have power to issue stop notices to stop a serious breach of planning control. There are fines for non-compliance and ultimately an interdict may be obtained against the owner of the subject land to enforce compliance.
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Does public law control the detailed design, appearance and method of construction of any new building?
Yes, the design and appearance of new buildings is governed by planning legislation. The method of construction is governed by building regulations.
Last modified 13 Mar 2025