Planning system in Scotland

Last updated

Responsibility for the planning system in Scotland is shared between the Scottish Government and Local government in Scotland. Any new construction project, or projects that will alter the use, appearance, and other changes to the use of land of buildings in Scotland, is subject to planning permission under Scots law. Currently, the planning system in Scotland is made up of three main parts – Development Plans, Development Management, and Enforcement – each with varying processes. [1]

Contents

Stages

Development plans

Development Plan content
KilmarnockPresent.jpg
KilmarnockRegeneration.jpg
Example of a Development Plan, showing proposed development to Kilmarnock town centre (bottom)

Current policy for the planning system in Scotland consists of three main components, namely Development Plans, Development Management, and Enforcement. Development plans contain information for residents and businesses within local areas about any changes that are proposed to occur in the area in the near future by providing information relating to the type of changes and developments which would be expected to take place. During the Development Plans stage, consideration is given to protecting local amenities such as parks and wildlife, as well as thought being given to the best location for any new development in the area. It is expected the detailed information and plans will be included during this stage regarding any development happening within a reasonable timescale by providing information regarding how any development will be undertaken. [2]

At present, Scots law places a requirement on local councils and national parks in Scotland to publish a development plan once every five years. The law in Scotland stipulates that development plans should be the starting point for any discussion and public consultation relating to any new construction project or alterations to buildings, land, or spaces. Local councils will receive the development plan by the project applicant, with a planning permission being granted, or refused, based on the information detailed within the development plan from the applicant. [3]

Development management

Development Management, the second component of the planning system in Scotland, is the system of granting or refusing planning permission for any project to be undertaken within Scotland. Local councils in Scotland each have authority to grant or refuse planning permission based on information received by the council from the applicant. Planning permission should be sought from the local council under Scots law, with the law stipulating that development of any kind – new build projects, engineering works, mining, or other operations conducted above or below ground in Scotland – is subject to planning permission. Planning permission is not required for any work an individual wishes to undertake within a building unless it is a listed building, then an applicant would require to receive a listed building consent notice to carry out any work within the building or grounds. Projects, such as some house extensions, are classed as a permitted development, and therefore do not require planning permission from the council, but applicants wishing to undertake any building works on their home property should check with their local authority to determine whether planning permission for the commencement of building works is needed. [4]

Developments are grouped into three categories for the purposes of planning application processes – local, major or national – which allows local councils to treat each development submitted based on varying factors such as size, complexity, and consideration to other issues which may occur as a result of any development. [5]

Enforcement

Each of Scotland's 32 local authorities have the ability to use enforcement procedures against any individual and project which has been carried out without planning permission, or where the project has not followed the conditions which were provided when the council granted the original planning permission. Not following the conditions attached to planning permission, or not applying for permission, is a breach of planning law. Each local authority has the ability to determine the course of action where this occurs. Local authorities may advocate for a "retrospective planning application" to be made for a project which would likely have received planning permission initially and would then consider the planning application like any other, or, they may ask an application for more details about a project before reaching any decision on whether to grant or refuse planning permission. [6] [7]

If local authorities ask an application for additional information relating to a project, they can serve a notice in order to halt the project if it is deemed that it has not been granted planning permission, or is not following the conditions set out in the planning permission. Should the development continue, local authorities can prosecute an individual or issue a fixed penalty notice. As a last resort, local authorities also have the ability to demolish any project that has been deemed to have been constructed or carried out illegally without appropriate planning permission being sought from the council. It is the responsibility for each of Scotland's local authority councils to publish a Planning Enforcement Charter to highlight how their enforcement process works and the councils role in the enforcement process within their local authority area. [8]

Planning permission

Most projects in Scotland require appropriate planning permission to be sought from local councils. Currently, the Scottish Government expects planning permission to be sought from applicants for: [9]

Planning application is not permitted to be sought from councils for smaller projects.

Under Scots law, individuals submitting an application for planning permission is legally required to include information such as a description of the development, the name and address of the person applying, as well as their agent if they have one, a postal address of the land, or a description of the location of the land, a certificate of ownership accompanied by a notice to owners or tenants of agricultural holdings, a plan which clearly identifies the location of the application site, as well as any other plans and drawings needed to describe the proposed development along with the appropriate planning application fee as set by the local council. In some cases, applications may require extra information to assist local councils in the planning permission process, such as design and access statements. [10] A comprehensive collection of looseleaf legal and administrative materials about planning is contained in the Scottish Planning Encyclopedia, general editors Lord Gill and Malcolm G. Thomson KC. [11]

Responsibility for planning

Each of Scotland's 32 local authority councils each have their own individual planning departments where planning applications are submitted by applicants for consideration. Additional bodies responsible for planning processes in Scotland include Planning Aid for Scotland and the Royal Town Planning Institute. Planning Aid for Scotland is an independent charity which has been established to help people with the planning application system in Scotland by providing free advice on planning for individuals and community groups who require to submit a planning application. The Royal Town Planning Institute is Scotland's professional body for planners, responsible for maintaining standards in Scottish building and construction projects. [12]

See also

Related Research Articles

<span class="mw-page-title-main">Site of Special Scientific Interest</span> Protected area in the United Kingdom

A site of special scientific interest (SSSI) in Great Britain, or an area of special scientific interest (ASSI) in the Isle of Man and Northern Ireland, is a conservation designation denoting a protected area in the United Kingdom and Isle of Man. SSSI/ASSIs are the basic building block of site-based nature conservation legislation and most other legal nature/geological conservation designations in the United Kingdom are based upon them, including national nature reserves, Ramsar sites, Special Protection Areas, and Special Areas of Conservation. The acronym "SSSI" is often pronounced "triple-S I".

<span class="mw-page-title-main">Listed building</span> Protected historic structure in the United Kingdom

In the United Kingdom, a listed building is a structure of particular architectural or historic interest deserving of special protection. Such buildings are placed on one of the four statutory lists maintained by Historic England in England, Historic Environment Scotland in Scotland, Cadw in Wales, and the Historic Environment Division of the Department for Communities in Northern Ireland. The classification schemes differ between England and Wales, Scotland, and Northern Ireland. The term has also been used in the Republic of Ireland, where buildings are protected under the Planning and Development Act 2000, although the statutory term in Ireland is "protected structure".

<span class="mw-page-title-main">Planning permission in the United Kingdom</span> Overview of planning permission in the UK

Planning permission in the United Kingdom is the planning permission required in the United Kingdom in order to be allowed to build on land, or change the use of land or buildings. Within the UK the occupier of any land or building will need title to that land or building, but will also need "planning title" or planning permission. Planning title was granted for all pre-existing uses and buildings by the Town and Country Planning Act 1947, which came into effect on 1 July 1948. Since that date any new "development" has required planning permission.

<span class="mw-page-title-main">Building code</span> Construction standards for buildings

A building code is a set of rules that specify the standards for construction objects such as buildings and non-building structures. Buildings must conform to the code to obtain planning permission, usually from a local council. The main purpose of building codes is to protect public health, safety and general welfare as they relate to the construction and occupancy of buildings and structures — for example, the building codes in many countries require engineers to consider the effects of soil liquefaction in the design of new buildings. The building code becomes law of a particular jurisdiction when formally enacted by the appropriate governmental or private authority.

<span class="mw-page-title-main">Referendums in the United Kingdom</span>

Referendums in the United Kingdom are occasionally held at a national, regional or local level. Historically, national referendums are rare due to the long-standing principle of parliamentary sovereignty. Legally there is no constitutional requirement to hold a national referendum for any purpose or on any issue. However, the UK Parliament is free to legislate through an Act of Parliament for a referendum to be held on any question at any time.

The Register of Historic Parks and Gardens of Special Historic Interest in England provides a listing and classification system for historic parks and gardens similar to that used for listed buildings. The register was set up by Historic England under the provisions of the National Heritage Act 1983. Over 1,600 sites are listed, ranging from the grounds of large stately homes to small domestic gardens, as well other designed landscapes such as town squares, public parks and cemeteries. The register is published on the National Heritage List for England alongside other national heritage designations.

<span class="mw-page-title-main">Alcohol licensing laws of the United Kingdom</span>

The alcohol licensing laws of the United Kingdom regulate the sale and consumption of alcohol, with separate legislation for England and Wales, Northern Ireland and Scotland being passed, as necessary, by the UK Parliament, the Northern Ireland Assembly, and the Scottish Parliament respectively.

Town and country planning in the United Kingdom is the part of UK land law which concerns land use planning. Its goal is to ensure sustainable economic development and a better environment. Each country of the United Kingdom has its own planning system that is responsible for town and country planning, which outside of England is devolved to the Northern Ireland Assembly, the Scottish Parliament and the Senedd.

A resource consent is the authorisation given to certain activities or uses of natural and physical resources required under the New Zealand Resource Management Act. Some activities may either be specifically authorised by the RMA or be permitted activities authorised by rules in plans. Any activities that are not permitted by the RMA, or by a rule in a plan, require a resource consent before they are carried out.

<span class="mw-page-title-main">Town and Country Planning Act 1990</span> United Kingdom legislation

The Town and Country Planning Act 1990 is an act of the Parliament of the United Kingdom regulating the development of land in England and Wales. It is a central part of English land law in that it concerns town and country planning in the United Kingdom. Repealed in parts by the Planning and Compensation Act 1991, it is now also complemented by the Planning and Compulsory Purchase Act 2004.

To comply with the Building Act 1984 and the subsequent statutory instruments known as the Building Regulations, Building regulations approval is required to construct certain structures in England and Wales. Construction projects falling into this category are sometimes referred to as "notifiable", however this is different from the "notification" (which may also be required under the Construction Regulations 2015, which seeks to monitor health and safety in construction projects.

<span class="mw-page-title-main">Building regulations in the United Kingdom</span> Statutory regulations

Building regulations in the United Kingdom are statutory instruments or statutory regulations that seek to ensure that the policies set out in the relevant legislation are carried out. Building regulations approval is required for most building work in the UK.

Development Management (DM), formerly known as planning control, or development control, is the element of the United Kingdom's system of town and country planning through which local government or the Secretary of State, regulates land use and new building, i.e. development. It relies on a "plan-led system" whereby development plans are produced, involving various stages of public consultation prior to being adopted. Subsequently, development that requires planning permission, which is granted or refused with reference to the development plan as the starting point, then other material considerations are taken into account.

Judicial review is a part of UK constitutional law that enables people to challenge the exercise of power, usually by a public body. A person who contends that an exercise of power is unlawful may apply to the Administrative Court for a decision. If the court finds the decision unlawful it may have it set aside (quashed) and possibly award damages. A court may impose an injunction upon the public body.

<span class="mw-page-title-main">Nationally significant infrastructure project</span> Major infrastructure developments in England and Wales

In England and Wales, a nationally significant infrastructure project (NSIP) is a major infrastructure development that bypasses normal local planning requirements. These include proposals for power plants, large renewable energy projects, new airports and airport extensions, and major road and rail projects. The NSIP nomenclature began to be used in 2008, and since April 2012 these projects have been managed by the Planning Inspectorate.

In the United Kingdom, the term conservation area almost always applies to an area of special architectural or historic interest, the character of which is considered worthy of preservation or enhancement. It creates a precautionary approach to the loss or alteration of buildings and/or trees, thus it has some of the legislative and policy characteristics of listed buildings and tree preservation orders. The concept was introduced in 1967, and by 2017 almost 9,800 had been designated in England.

<span class="mw-page-title-main">Localism Act 2011</span> Legislation concerning English local government

The Localism Act 2011 is an Act of Parliament that changes the powers of local government in England. The aim of the act is to facilitate the devolution of decision-making powers from central government control to individuals and communities. The measures affected by the Act include an increase in the number of elected mayors, referendums and the "Local authority’s general power of competence" which states "A local authority has power to do anything that individuals generally may do".

<span class="mw-page-title-main">National scenic area (Scotland)</span> Conservation designation used in Scotland

National scenic area (NSA) is a conservation designation used in Scotland, and administered by NatureScot on behalf of the Scottish Government. The designation's purpose is to identify areas of exceptional scenery and to protect them from inappropriate development. There are currently 40 national scenic areas (NSAs) in Scotland, covering 13% of the land area of Scotland. The areas protected by the designation are considered to represent the type of scenic beauty "popularly associated with Scotland and for which it is renowned". As such they tend to be mainly found in remote and mountainous areas, with a review in 1997 noting a potential weakness of national scenic areas was that the original selection placed undue emphasis on mountainous parts of the country. National scenic areas do however also cover seascapes, with approximately 26% of the total area protected by the designation being marine. The designation is primarily concerned with scenic qualities, although designated national scenic areas may well have other special qualities, for example related to culture, history, archaeology, geology or wildlife. Areas with such qualities may be protected by other designations that overlap with the NSA designation.

<span class="mw-page-title-main">Town Planning Board</span> Hong Kong planning body

The Town Planning Board is a statutory body of the Hong Kong Government tasked with developing urban plans with an aim to ensuring the "health, safety, convenience and general welfare of the community through the process of guiding and controlling the development and use of land, and to bring about a better organised, efficient and desirable place to live and work." It is founded upon section 2 of the Town Planning Ordinance.

<span class="mw-page-title-main">Planning permission</span> Government permission required for construction or expansion

Planning permission or building permit refers to the approval needed for construction or expansion, and sometimes for demolition, in some jurisdictions.

References

  1. "A Guide to the Planning System in Scotland" (PDF). The Scottish Government. Scottish Government. Retrieved 15 December 2023.
  2. "A Guide to the Planning System in Scotland" (PDF). The Scottish Government. Scottish Government. Retrieved 15 December 2023.
  3. "A Guide to the Planning System in Scotland" (PDF). The Scottish Government. Scottish Government. Retrieved 15 December 2023.
  4. "A Guide to the Planning System in Scotland" (PDF). The Scottish Government. Scottish Government. Retrieved 15 December 2023.
  5. "A Guide to the Planning System in Scotland" (PDF). The Scottish Government. Scottish Government. Retrieved 15 December 2023.
  6. "A Guide to the Planning System in Scotland" (PDF). The Scottish Government. Scottish Government. Retrieved 15 December 2023.
  7. "Planning Applications (DEPRECATED)". data.gov.uk. Scottish Government. 16 August 2023. Retrieved 15 December 2023.
  8. "A Guide to the Planning System in Scotland" (PDF). The Scottish Government. Scottish Government. Retrieved 15 December 2023.
  9. "Getting Planning Permission". Scottish Government. Retrieved 15 December 2023.
  10. "Getting Planning Permission". Scottish Government. Retrieved 15 December 2023.
  11. W. Green, ISBN   9780414011502
  12. "Championing the power of planning". Royal Town Planners Institute. Retrieved 15 December 2023.