Overview of Planning in Scotland
The purpose of land use planning is to manage the development and use of land in the long-term public interest.
The Town and Country Planning (Scotland) Act 1997 is the main piece of planning legislation in Scotland. Most recently, changes to the 1997 Act were made by the Planning (Scotland) Act 2019 and new secondary legislation and guidance are still being taken forward, so there will still be changes to how the planning system will work in the next few years.
There are three key parts to Scotland's Planning System:
1. Development planning
This guides the future use of land and buildings in cities, town and rural areas through plans, policies and guidance.
2. Development management
Development management is concerned with making decisions on planning applications. Decisions must be guided by policies in the development plan.
Planning enforcement is about making sure development is carried out correctly and taking action when it is not.
The Transforming Planning website provides useful information on how planning in Scotland is changing. This includes:
Local Development Plans (LDPs) set out how our places will change in the future, including what development should and shouldn’t happen. This includes where new homes and workplaces will be built, how services and facilities will be provided, such as education and travel.
The planning system in Scotland is plan-led. This means that the starting point in making decisions on planning applications is the development plan, before any other considerations are then taken into account.
Scotland's 34 Planning Authorities (32 Local Authorities and 2 National Parks) are legally required to prepare an LDP for their area. LPDs are a way to tell a story about the future of places and define what the ambitions and outcomes for an area are looking 20 years ahead. In the future, these plans will be updated every 10 years.
As part of the new process, Local Place Plans present an opportunity for communities to develop proposals for the development and use of land in the place they live and/or work. These will be community-led plans and the planning authority should take into account any registered Local Place Plans in the LDP . Local Place Plans will enable communities to have a more direct role in the decisions that influence their place and can provide a framework for communities to take action themselves. There is a draft ‘How to’ guide on Local Place Plans
A significant part of the planning system is concerned with applications for new development and planning permission. This is the development management system.
Decisions about planning applications are based on the Development Plan for an area. Individual decisions also need to take into account ‘material considerations’, which are issues relevant the local context and specifics of an application.
Developments, such as new schools, new and changing retail uses and new large-scale housing or mixed-use developments, will require planning permission from the planning authority. Planners will assess proposed developments against national policies set out in the National Planning Framework and against their Local Development Plan policies (which combined form the Development Plan) – this is the basis of the ‘plan-led’ system.
Development falls within three different categories, local, major or national. Most planning applications are for local developments. Major developments include developments of 50 or more homes as well as other areas of development related to energy, waste, fish farming and large retail developments. National developments are specific projects which have been identified in the National Planning Framework because of their national importance and are mainly large public works.
As well as physical developments, planning permission is also required for significant changes in the use of land or buildings. There are also wide ranging permitted development rights. Where a development proposal meets the certain restrictions and conditions then an application for planning permission is not required.
If something is built without planning permission or not in line with permission then the council can use their enforcement powers. Enforcement is important because it makes sure that everyone stays within planning law and the conditions of their planning permission.
In these situations, the council will choose what action to take. If something is built without permission, but would have been likely to have been granted permission, the council may ask the person responsible to make a 'retrospective' planning application. This will then be decided in the same way as all other planning applications. If the council grants planning permission, there may be conditions attached.
Councils also have powers to serve notices asking for more information about a development. They can stop development that does not have permission or where the development does not follow the conditions attached to the permission which was granted. The council can issue a fixed penalty or prosecute the responsible people if the development continues. The final option available to councils is to demolish the illegal development and to recover the cost of this from the developer.
Further resources for Planning
A number of consultations are currently live till 31 March 2022:
Draft National Planning Framework 4
Local Development Plan Regulations and Guidance
Open Space Strategies and Play Sufficiency Assessments
The Planning System in Scotland: an Introduction for Elected Members - Improvement Service
Circular 3/2013 on Development Management Procedures for more information on development management and material considerations.
Permitted Development – non-domestic development and Householder permitted development
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