REALWorld Law

Which other statutory permit regimes must be considered in relation to planning/zoning and development?

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.

Last modified 13 Mar 2025

Which other statutory permit regimes must be considered in relation to planning/zoning and development?

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.

Last modified 13 Mar 2025

Which other statutory permit regimes must be considered in relation to planning/zoning and development?

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.

Last modified 13 Mar 2025

Which other statutory permit regimes must be considered in relation to planning/zoning and development?

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

Which other statutory permit regimes must be considered in relation to planning/zoning and development?

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.

Last modified 13 Mar 2025

Which other statutory permit regimes must be considered in relation to planning/zoning and development?

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.

Last modified 13 Mar 2025

Which other statutory permit regimes must be considered in relation to planning/zoning and development?

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

Which other statutory permit regimes must be considered in relation to planning/zoning and development?

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.

Last modified 13 Mar 2025