The Local Government (Scotland) Act 1973 empowers local authorities to delegate a wide range of decisions to officers including powers to determine certain applications.
The Planning etc (Scotland) Act 2006 introduced a positive requirement that each planning authority must prepare a specific scheme of delegation under which determination of certain types of planning application is delegated to officers.
Secondary legislation through the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 requires that the scheme of delegation must be approved by the Scottish Ministers and that planning authorities must review their scheme of delegation at least every five years.
Delegated applications
Delegated Authority to discharge all duties under the Planning Acts and other matters delegated to the Chief Planning Officer under the Local Government (Scotland) Act 1973, as amended:
- Certificates of existing/proposed, lawful use or development
- Prior approval and notification of agricultural and forestry buildings, relevant development by electricity and gas suppliers, demolition of buildings
- Claims for hazardous substance deemed consent and hazardous substance consent
- The making of provisional Tree Preservation Orders (TPO), confirmation of TPO’s and determination of applications for treeworks
- Entering into Section 75 Agreements or other legal obligations, where the application or requirement for an agreement/legal obligation is delegated to Officers under this Scheme of Delegation
- Revisions to an application previously approved by committee; provided they do not significantly alter a legal agreement or potentially remove the requirement for the agreement
- Enforcement actions provided any costs are within governance budgets
- Initiate and confirm road/footpath stopping up procedures where a planning consent is in place
- Refusals on basis of insufficient information (where subject to objections or not)
- Determining whether or not an Environmental Impact Assessment is required and the adoption and notification of a screening and/or scoping opinion under Environmental Impact Assessment (Scotland) Regulations 2017 in respect of the need for and content of an Environmental Impact Assessment
- S74 review of minerals permission
- Consultations with the neighbouring planning authorities regarding planning applications
- Determining Height Hedge Notice Applications, serving High Hedge Notices when needed and take direct action to ensure compliance with the provisions of such Notices when necessary
Local planning committee delegation
Determination of applications for planning permission and applications for consent, agreement or approval required by a condition imposed on a grant of planning permission; and determination of other applications under the Local Government (Scotland) Act 1973 in the following circumstances:
- Where the proposal is a major development as defined within the Town and Country Planning (Hierarchy of Development) (Scotland) Regulations 2009
- Where the application is subject to objections from greater than 10 separate persons/organisations/third parties or a neighbouring planning authority or from another Council service (all on planning grounds)
- Where a recommendation of approval would be a significant departure from the Development Plan where that can be viewed as a material consideration
- Where there are unresolved objections from a statutory consultee and the application is recommended for approval
- Where the application is made by or on behalf of an elected member of the Council, a member of the Corporate Management Team of the Council or a member of the Planning Service
- Where the Chief Planning Officer under S43A (6) of the Town and Country Planning (Scotland) Act 1997 (as amended) members of the planning authority to take the decision on the application for reasons, including the application raising new or significant issues meriting determination at Committee – in each such case the applicant will be provided with a statement giving the reasons for the application not being determined by the Appointed Officer
- In respect of the Electricity Act 1989 (as amended), to provide consultation responses on all applications in terms of Section 36 and 37
- The application seeks to amend a condition or planning obligation which was itself imposed by the Planning Committee
- Modifications/Revocations of planning permission where objection has been received
Decision making by full Council
Determination of planning applications in respect of:
- National developments designated as such in the National Planning Framework under Section 3A(4)(b) of the Town and Country Planning (Scotland) Act 1997 as amended
- Major developments defined within the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 that are significantly contrary to the Local Development Plan
- The Planning Committee recommending refusal of an application where refusal is on the basis of the principle of the development, where the principle is in accordance with the Local Development Plan or the emerging Local Development Plan where that can be viewed as a material consideration
Approved by Council on 12 December 2024
Approved by Scottish Ministers on 20 December 2024