Planning Circular 3/2009: notification of planning applications

ANNEX

THE TOWN AND COUNTRY PLANNING (NOTIFICATION OF APPLICATIONS) (SCOTLAND) DIRECTION 2009

The Scottish Ministers give the following Direction in exercise of the powers conferred on them by articles 17 and 22(3) of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 and all other powers enabling them in that behalf:

Citation, commencement and interpretation

1.-(1) This direction may be cited as the Town and Country Planning (Notification of Applications) (Scotland) Direction 2009 and comes into force on 1st April 2009.

(2) In this Direction-

"environmental report" means the environmental report prepared in accordance with the Environmental Assessment (Scotland) Act 2005( ¹ );

"environmental statement", "Schedule 2 development" and "screening opinion" have the same meaning as in the Environmental Impact Assessment (Scotland) Regulations 1999( ² ).

Information to be given to the Scottish Ministers

2.-(1) Where a planning authority proposes to grant planning permission for development falling within any of the descriptions of development listed in the Schedule to this Direction, it shall send the Scottish Ministers the following information:

(a) a copy of the planning application, accompanying plans and associated documentation (e.g. transport/retail assessment), together with the full address and post-code of the site to be developed;

(b) a copy of any environmental statement accompanying the application or, where an environmental statement has not been prepared:

(i) a copy of any screening opinion given by the planning authority in respect of any Schedule 2 development; and

(ii) a copy of any environmental report that is relevant to the development;

(c) a copy of any appropriate assessment relating to the application, carried out under Part IV of the Conservation (Natural Habitats, &c.) Regulations 1994 ( ³ ).

(d) copies of all observations submitted by consultees and all representations and petitions received, together with a list of the names and addresses of those who have submitted observations/made representations (including details of any petition organiser if known). Where 'pro-forma' representations are received, only one copy example need be submitted, but all names and addresses must be provided. Copies of petitions should be submitted, but only the organiser or first named should be included in the list of names and addresses;

(e) the planning authority's comments on the consultees' observations and on representations received;

(f) the planning authority's reasons for proposing to grant planning permission, including, where relevant, a statement setting out the reasoning (i) behind the authority's decision to depart from the development plan, and/or (ii) for taking the decision it has, in light of any objections received .

(2) Where the planning authority holds the information set out in sub-paragraphs (a) to (f) above on its website, it may comply with some or all of the requirement to provide this information to the Scottish Ministers by means of an e-mail to the Scottish Government containing a link, or a series of links, to the relevant pages on the authority's website.

Restriction on grant of planning permission

3. A planning authority must not grant planning permission for development falling within any of the descriptions of development listed in the Schedule to this Direction before the expiry of a period of 28 days beginning with the date notified to them by the Scottish Ministers as the date of receipt by the Scottish Ministers of the information which the planning authority are required to give to the Scottish Ministers under paragraph 2.

4. The following directions are hereby revoked:

(a) The Town and Country Planning (Notification of Applications) (Scotland) Direction 2007 (issued with Planning Circular 5/2007).

(b) The Town and Country Planning (Notification of Applications) (Scotland) Amendment Direction 2007 (issued with Planning Circular 7/2007).

James G Mackinnon
Director and Chief Planner
The Scottish Government
Directorate for the Built Environment
Victoria Quay
Edinburgh
EH6 6QQ

April 2009

SCHEDULE

DESCRIPTIONS OF DEVELOPMENT FOR WHICH APPLICATIONS

MUST BE NOTIFIED TO SCOTTISH MINISTERS

1. Development in which planning authorities have an interest

Development:

(a) for which the planning authority is the applicant/developer;

(b) in respect of which the planning authority has a financial or other (e.g. partnership) interest; or

(c) to be located on land wholly or partly in the planning authority's ownership or in which it has an interest;

in circumstances where the proposed development would be significantly contrary to the development plan for the area.

2. Objection by Government agency

(i) Development Affecting Trunk Roads and Special Roads

Development which has been the subject of consultation with Scottish Ministers under article 15(1)(j)(i), (ii), (iiA), (iiB) or (iiC) of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992, as amended, where the Scottish Ministers (acting through Transport Scotland) have advised against the granting of planning permission or have recommended conditions which the planning authority does not propose to attach to the planning permission.

(ii) Development in the Vicinity of Major Hazards

Development which has been the subject of consultation with the Health and Safety Executive under article 15(1)(f) of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 where the Health and Safety Executive has advised against the granting of planning permission or has recommended conditions which the planning authority does not propose to attach to the planning permission.

(iii) Nature Conservation

Development which has the potential to affect:

(a) a Site of Special Scientific Interest where the site has been notified to the planning authority by Scottish Natural Heritage or its predecessors under section 23 of the National Parks and Access to the Countryside Act 1949, section 28 of the Wildlife and Countryside Act 1981 or section 3 and section 5 of the Nature Conservation (Scotland) Act 2004;

(b) a European site as defined in regulation 10 of the Conservation (Natural Habitats, &c.) Regulations 1994;

(c) a site which has been announced by the Scottish Ministers as a proposed Special Protection Area or proposed Special Area of Conservation, or

(d) an area designated by the Scottish Ministers (or a previous Secretary of State) as a wetland of international importance in accordance with the 1971 Convention on Wetlands of International Importance especially as a waterfowl habitat (The Ramsar Convention);

where Scottish Natural Heritage on being consulted by the planning authority has indicated that the development may adversely affect such a site and has advised against granting planning permission, or has recommended conditions which the planning authority does not propose to attach to the planning permission.

(iv) Scheduled Monuments and Category A Listed Buildings

Development which has been the subject of consultation under article 15(1)(j)(v) or (vi) of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 where the Scottish Ministers (acting through Historic Scotland) have advised against the granting of planning permission or have recommended conditions which the planning authority does not propose to attach to the planning permission.

(v) Flooding

Development which has been the subject of consultation with the Scottish Environment Protection Agency ( SEPA) under article 15(1)(h)(i) of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 where SEPA has advised against the granting of planning permission or has recommended conditions which the planning authority does not propose to attach to the planning permission.

(vi) Playing Fields

Development which is likely to

(a) result in the loss of an outdoor sports facility;

(b) prejudice the existing use of an outdoor sports facility for that purpose; or

(c) prevent the use of land, which was last used as an outdoor sports facility, from being used again for that purpose,

To which the Scottish Sports Council ( sportscotland) has objected or has recommended conditions which the planning authority does not intend to attach to the planning permission. For the purposes of this paragraph "outdoor sports facility" means land used as -

(a) outdoor playing fields extending to not less that 0.2ha used for any sport played on a pitch;

(b) outdoor athletics tracks;

(c) golf courses;

(d) outdoor tennis courts, other than those within a private dwelling, hotel or other tourist accommodation; and

(e) outdoor bowling greens.

(vii) Marine Fish Farming Development

Marine fish farming development which may affect a site designated as a controlled site under section 1 of the Protection of Military Remains Act 1986 where the Secretary of State has advised against the granting of planning permission or has recommended conditions which the planning authority does not propose to attach to the planning permission, or where the planning authority proposes to attach conditions which the Secretary of State has advised against.

3. Opencast coal and related minerals

Development consisting of works connected with the extraction of coal by opencast methods, and other minerals extracted in association with works to extract opencast coal, where the site boundary falls within 500 metres from the edge of an existing community or sensitive establishment.