Planning circular 3/2022: development management procedures

Interpretation

This section sets out the meaning of various terms for the purposes of the Circular.

the 1997 Act: the Town and Country Planning (Scotland) Act 1997^[1] (as

amended)

the 1973 Act: the Local Government (Scotland) Act 1973^[2]

the DMR: the Town and Country Planning (Development

Management Procedure) (Scotland) Regulations 2013^[3]

EIA: environmental impact assessment under the "EIA Regulations"

EIA Regulations: the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017^[4]

Fees Regulations: the Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022^[5](as amended)

the hierarchy: the hierarchy of national, major and local developments.

The NPF designates national developments, the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009^[6] describe the classes of development belonging to the category of major developments. Those Regulations also provide that all development other than national developments and major developments belong to the category of local developments.

the Habitats Regulations: The Conservation (Natural habitats &c) Regulations 1994^[7]

householder development: the carrying out of building, engineering or other operations – (a) to improve, add to or alter an existing dwellinghouse; (b) within the curtilage of a dwellinghouse for a purpose incidental to the enjoyment of that dwellinghouse; or (c) to erect or construct a gate, fence or wall or other means of enclosure along the boundary of the curtilage of a dwellinghouse

major accident hazard sites: sites to which the Planning (Hazardous Substances (Scotland) Act 1997^[8] and Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015^[9] apply.

the NPF: The National Planning Framework

neighbouring land: a plot or area of land (other than land forming part of a road) which, or part of which, is conterminous or within 20 metres of the boundary of the land for which the development is proposed.

PAC: Pre-application consultation with communities under section 35B of the 1997 Act

planning permission: references in this circular to planning permission include planning permission in principle unless reference is made to specific provisions or requirements relating to planning permission in principle.

regulation: unless otherwise stated, means a regulation in the DMR

section: unless otherwise stated, means a section of the 1997 Act

Section 42 application: means an application for a new planning permission or new planning permission in principle for a development but with different conditions from those attached to a previous permission for that development. See Annex H.

schedule: unless otherwise stated, means a schedule to the DMR

statutory consultee: bodies who must be consulted on an application by virtue of the DMR, other legislation or a direction from Scottish Ministers