Planning Circular 5/2013: Schemes of delegation and local reviews

Guidance on the requirements on delegating decisions on planning applications for local development and the related review of decisions.


Footnotes

1. http://www.legislation.gov.uk/ssi/2013/157/contents/made
2. http://www.legislation.gov.uk/ukpga/1997/8/contents
3. http://www.legislation.gov.uk/ssi/2009/51/contents/made
4. two months (four months where environmental impact assessment is required) from the validation date or any extended period agreed upon in writing by the applicant and the planning authority.
5. http://www.legislation.gov.uk/ukpga/1973/65/contents
6. Requirements for pre-determination hearings and decisions by full council mean planning authorities cannot delegate decisions on applications for planning permission for major development which is significantly contrary to the development plan or national developments.
7. The Planning etc. (Scotland) Act 2006 (Consequential Amendments) Order 2009 http://www.legislation.gov.uk/ssi/2009/256/contents/made
8. For example:
(1) The date of appointed officer's decision notice is 1 September - notice of review must be received by the planning authority on or before 30 November (note:
1 December would be too late).
(2) The appointed officer has not made a decision on your planning application, and should have done so by 15 March. The last day on which you can serve the planning authority with a notice of review is 14 June.
9. http://www.legislation.gov.uk/ssi/2013/155/contents/made
10. If planning permission is refused or granted with conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state, and cannot be so capable by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a notice requiring the purchase of the owner's interest in the land in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997.

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