Planning and Development Management Flashcards
Describe the key stages of the development management process?
The key stages of the development management process are set out in the DEVELOPMENT MANAGEMENT PROCEDURES circular 03/2013.
1) Pre-application consultation (if required)
2) Submission of the application (any pre-application discussions and processing agreements will be agreed here)
3) Validation by the Planning Authority
4) Consultation including publicity and neighbour notification
5) Consideration by the appointed officer (the Report of Handling sets out the justification for the recommendation).
6) Determination (in accordance with the scheme of delegation)
7) If refused or challenging an obligation/condition, Review or Appeal otherwise, Notice of Development.
How do you establish the need for planning permission?
If the proposals were for development, I would assess the proposals against the General
Permitted Development) (Scotland) Order 1992 as amended to establish whether the proposals would constitute permitted development. If it was a change of use, I would check the (Use Classes) (Scotland) Order 1997 to ascertain whether the change may be permitted. Failing either of these, I would quickly check the site’s planning history to check that planning consent isn’t already in place for the proposals. I would then advise my client on whether planning permission was required.
Can you tell me about the use class order?
Yes, the Use Classes) (Scotland) Order 1997 establishes 11 use classes and sui generis. While planning permission is normally required for material changes of use, it permits changes that are not considered to damage amenity.
Can you give me an example of a permitted change under the order?
Yes, for instance the UCO permits change from Class 2 – Financial and professional
services (i.e. banks, professional services, betting offices etc) to Class 1 - Shops. Though not the reverse.
Class 3 - Food and Drink (restuarants, cafes etc) can be changed to Class 1 or 2. Though not the reverse.
How would you assess the policy requirements for proposed development in the planning application?
Firstly, I would review the proposals to understand their nature, intensity and scale. I though then review the Development Plan policies to establish whether they were relevant to the proposals. I might supplement this with research on how the Planning Authority has recently assessed similar proposals to understand their approach.
Tell me how you prepare a planning application submission?
Firstly, I would review the Council’s validations standards to ensure that I can supply all relevant information and that the documents have appropriate details included. I would then use the Scottish Government’s ePlanning portal to establish the fee. Once I had consent to proceed with the application, I would manage the submission through the ePlanning portal.
You’ve said the 1997 act as amended guides planning authorities on how determine planning applications. What direction does it give?
Section 25 of the 1997 states that: “ Where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination is, unless material considerations indicate otherwise—
(a)to be made in accordance with that plan”
Or in the case it is a national development, determined in accordance with the National Planning Framework statement that relates to the national development.
What is the material consideration?
A material consideration is a matter that should be taken into account in deciding a planning application or on an appeal against a planning decision.
Can you give me an example of a material consideration?
Whether or not a matter is material will depend on the facts and circumstances of the case however common material considerations may include: Overlooking/loss of privacy, Loss of light or overshadowing, Parking, Noise, Effect on listed building and conservation area, Layout and density of building, Design, appearance and community needs (i.e Affordable housing).
What would be an example of something that is not a material consideration in planning?
- Impact on property values
- legal ownership
Neither would not be material to a planning determination.
What are the current rules for appeal or review?
As set out in the Development Management Procedures circular 3/2013
For Local Applications - Once a decision is issued on an local application delegated to an appointed officer in accordance with a section 43A scheme of delegation, the applicant can seek a REVIEW by the Local Review Body of a refusal or a grant with conditions. This must be done within 3 months beginning with the date of the decision notice.
For all other applications (for example, a local development not delegated to an appointed officer, a national development or a major development) - the applicant has a right of appeal to Scottish Ministers against the decision of the planning authority on the application. Such an appeal must be made within a period of 3 months beginning with the date of the decision notice. An appointed Reporter will determine the appeal.
If the decision in either case is upheld the only avenue available is judicial review at the Court of Session.
Tell me about The Town & Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009.?
The hierarchy is at the heart of the Scottish planning system. The Planning etc. (Scotland) Act 2006 introduced the hierarchy for planning in primary legislation to ensure that applications are dealt with in an appropriate way to their scale and complexity, allowing decisions to be taken at the most appropriate
level. The three categories in the hierarchy of development to which all developments will
be allocated:-
• national development;
• major development; and
• local development.
Does The Town & Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 impact which individual or body can make the planning decision?
While the Regulations themselves make no reference to which individual or body would be competent to determine the different categories of development, Applications for planning permission for Local development will be handled in accordance with a Scheme of Delegation and may be determined under delegated powers. Major and National applications are typically reserved to planning committee or full council for determination.
What are the three categories of development and how are these different?
All development will fall into one of 3 categories:
- National Development - National Developments are set out in the National Planning Framework and would make a significant contribution to Scotland’s overall success or its international role.
- Major Development - 50 or more units or 2ha or more of site area.
- Local Development - All developments that are not National or Major fall within the category of Local
development.
What are the requirements if a Pre Application Consultation is required?
If PAC is required then at least 12 weeks before an application is submitted you will be required to submit a Proposal of Application Notice. This must, as a minimum, set out:
- A general description of the development proposed.
- The Postal Address of the site along with a plan to identify the site
- Prospective applicant contact details
- A brief assessment of what PAC the applicant proposes to undertake, when the consultation is to take place, the form of the consultation and with whom
- Any additional information requested by the Planning Authority.
What do you have to do as part of a pre-application consultation?
The basic PAC requirements are currently that the prospective applicant must:
- Serve a proposal of application notice (PAN) on the planning authority describing the proposal and location and indicating what consultation they intend carrying out as part of PAC.
- Consult the community councils in whose area the proposal site is located
or whose area adjoins the proposal site;
- Hold a public event
- Publish a notice in a local newspaper indicating: where information on the proposal can be obtained; how to make views known to the prospective applicant; and the details of the public event (the notice must be published at least 7 days prior to the public event).
- Carry out any further PAC measures required by the planning authority (the authority has 21 days from the receipt of the PAN to make such requirements).
- The planning application to which PAC relates cannot be submitted until at least 12 weeks have passed since the PAN was served on the planning authority. When an application is submitted, it must be accompanied by a report on the PAC. Currently the content of such reports is the subject of guidance rather than statutory requirement.
Note: these were modified by the the Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020. The only key difference was online and interactive web-based consultation events as opposed to in person.
Tell me about the key parts of the town and country planning Scotland act 1997 as amended and relates to your work?
3ZA - The Purpose of Planning ‘The purpose of planning is to manage the development and use of land in the long term public interest’ - Sustainable Development or Community Empowerment is considered long term public interest.
section 25 - status of the development plan ‘in making any determination under the planning Acts, regard is to be had to the development plan, the determination is, unless material considerations indicate otherwise’.
section 26 - Meaning of development ‘“development” means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land’
section 59 - Planning Permission in Principle - SSHA favoured approach where possible.
section 75 - Developers Contributions - used to secure affordable housing contributions.
What would you include as part of an application for full planning permission?
Application form Location plan Site plan Ownership certificate Design and access statement Floor plans Reports Correct Fee Any other information requested by the planning authority
What is a pre-application advice?
Provided by planning officers employed by the council, which outlines how we are likely to determine any subsequent planning application, and any changes that are likely to be needed, if any, to give your scheme the best chance of being granted a planning permission.
When would you seek pre-application advice?
Where, in my planning judgment, there are aspects of the proposal that introduce complex or nouvelle issues or where additional certainty would be beneficial before undertaking further work on the application.
If the pre-application advice you receive is positive, does that mean any subsequent planning application you submit will definitely be approved?
No. Any advice given by council officers at pre-application stage is not a formal planning decision by the council as planning authority. They will provide the best advice possible based on the information available but that is without prejudice to any subsequent application which may generate previously unknown issues either through responses to statutory consultations or evaluation of the more detailed information submitted with the application. In any event, some application may be determined by the planning committee which, democratically, is entitled to arrive at a different conclusion to the planning officers provided that decision is based on reasonable planning grounds.
Does the planning authority consult other statutory agencies before with pre-application advice?
No. The planning authority will not consult statutory agencies in the process of providing pre-application advice, however they may advise consulting these independently depending on the scale, nature, complexity and location of the proposal.
Does the information submitted as part of the pre-application advice process remain confidential?
Not necessarily, Planning authorities do not publicise details of pre-application requests on their website, however they cannot guarantee that all information will remain confidential. Under the provisions of the Freedom of Information (Scotland) Act 2002, third parties can ask to see pre-application documentation, and the Planning authority has to decide whether information is exempt from disclosure. If I considered any information was particularly sensitive, and should remain confidential, I would provide specific reasons for this in my application.
When is Pre-Application Consultation required?
Planning applications for Major or National
developments trigger a requirement for Pre-application Consultation (PAC) between the developer and the community, with a minimum 12 week period specified.
Tell me about how you would ensure the application was valid?
I would use the Planning authorities validation standards checklist to ensure that I provide all relevant and correct information and I would use the ePlanning Scotland calculator to ensure I calculated the correct fee.
What is the typical information that is needed to supplement a planning application for residential developments generally?
The information required is dependent on the nature and scale of the proposals, the location and surrounding context. However, in my experience applications for housing development commonly include site investigation reports, flood risk assessments, drainage impact assessment, and ecological surveys i.e bird and bat surveys.
What are the current determination periods for a major or national application versus a local application?
The planning authority have up to 4 months to determine applications for planning permission for national developments and major developments and for local development up to 2 months.
In your experience, are planning applications normally determined within the statutory time periods for determining applications?
Unfortunately not. It is often very common that applications are not determined within the statutory allowed limited. This creates a critical area for managing client expectations.
Any where applications can’t be determined within the statutory time periods, what typically occurs?
The appointed officer would write to information the agent/application and seek agreement to extent the period for determination.
I would then engage with the planning officer to understand the reasons causing causing delay and then report this to my client for a decision. 
How would you advise your client, if you received a letter from the appointed officer seeking to extent the determination period?
I would explain the process to my client and understand their requirements and expectations.
I would liaise with the planning officer to understand the reasons behind the delay and seek to establish a new target determination date. I would report this to my client and inform the appointed officer accordingly.
If my client agreed to the extention, I would ensure that that this was recorded in an Extension of time agreement.
What is a processing agreement?
A planning processing agreement is a project management tool. It sets out the key processes involved in determining a planning application, identifying what information is required from all
stakeholders’ involved and setting timescales for the delivery of various stages of the process.
Processing agreements set out a route to a decision on an application, not necessarily to an approval.
What type of application is a processing agreement suitable for?
Planning authorities tend to promotes the use of Processing Agreement for all application types (Detailed applications, planning permission in principle, approval of matters specified in conditions, etc.) however a formal processing agreement is most appropriate for major applications or for local developments that are complex, involve legal agreements, or are likely to be contentious or require amendments to be made to the proposals during their processing.
What is the content of a planning processing agreement?
The main purpose of the agreement is to provide clarity to all parties involved in the determination of the
application of their responsibilities and to establish realistic timescales for processing the application.
Agreements should be proportionate –
all processing agreements should cover the following: - - Key contacts in the process
- Information requirements and identified actions to enable the determination the
application
- Application processing timetable including target dates for identified actions.
Agreements for more complex applications may also cover:
Pre-application stage
- Consultees and other stakeholders
- Legal agreements and financial contributions (where required)
- Discharge of conditions
Tell me about how the planning Scotland act 2019 will impact on the development management process?
The Planning (Scotland) Act 2019 contained provisions on Development Management including changes to:
- Pre-application consultation
- Duration of planning permission
- Declining to determine similar applications
- Schemes of delegation, appeals and local reviews
There is also several provisions that have already been brought into force, including requirements relating to noise-sensitive developments (agent of change), provision of changing places toilet facilities and a statement as to conformity with the development plan
What change will the Planning (Scotland) Act have for pre-application consultation?
Changes to pre-application consultation (“PAC”) procedures for applications for planning permission will now come into force on 1 October 2022. They key changes include:
The PAC must include at least 2 public events (rather than the current requirement of 1 event), held at least 14 days apart (Note: although public events can currently be held online, they must be held physically once COVID restrictions are lifted; the Regulations do not facilitate a shift to virtual events going forward).
At the final public event held, applicants must feedback on the comments received throughout the PAC.
There is a new exemption to carrying out a PAC for applications for developments similar to the whole or part of a development where a PAC has already been carried out within the prior 18 months (subject to certain caveats).
The content of the PAC report has been placed in legislation (rather than guidance)
What change will the Planning (Scotland) Act have for Duration of planning permission?
It has introduced provision so that the development to which the planning permission relates must be begun not later than the expiration of 3 years beginning with the date on which the permission is granted or such other period (whether longer or shorter) as the authority concerned may specify when granting the permission. i.e a return to a situation when the duration can be a condition.
