Planning Circular 3/2009: notification of planning applications

SCOTTISH GOVERNMENT HANDLING OF NOTIFIED APPLICATIONS

27. Where a planning authority notifies Scottish Ministers of its intention to grant planning permission, Ministers consider whether to call in the application or clear it back to the authority to decide the matter as it thinks fit. Scottish Government officials should usually be able to tell the authority within the 28-day period set out in the direction whether Ministers propose to take any action. Scottish Ministers do not need to wait until the end of that 28-day period, and will issue their decision as soon as they are ready to do so. The Scottish Government is committed to efficient decision-making, but in exceptional circumstances it may take a little longer to reach a conclusion, in which case Ministers will issue a further direction, extending the period for their consideration of the matter. The Scottish Government will produce an annual statement of its performance on planning matters, including its handling of notified planning applications.

28. In respect of any application notified to Scottish Ministers, if on the expiry of the 28-day period set out in the direction (or any extended period) the Scottish Government has not issued a direction under either:

(i) section 46 of the Town and Country Planning (Scotland) Act 1997, calling in the planning application; or

(ii) article 17 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992; extending the period for the Government's consideration, the planning authority can proceed to determine the application.