Planning application decisions

The scheme of delegation sets out the circumstances under which planning applications can be determined by Planning Officers, and under which circumstances a decision on an application has to be taken by a Council Committee made up of elected councillors.

Scheme of delegation for determining planning applications

Scheme of delegation prepared in accordance with Part 3, Section 17 of the Planning etc (Scotland) Act 2006 which inserts Section 43A of the Town and Country Planning (Scotland) Act 1997 and Part 2 of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2008.

The appointed officer, being the officer appointed in terms of Section 17 of the Planning etc (Scotland) Act 2006 (Section 43A (1) of the Town and Country Planning (Scotland ) Act 1997), is a person holding the position of the Head of Planning and Regulatory Services, Development Standards Manager or Principal Planning Officer. The appointed officer is authorised to determine:

• Any application for planning permission
• Any application for consent, agreement or approval required by condition imposed on a grant of planning permission

being an application which meets the definition of a local development as specified in the Town and Country Planning (Hierarchy of Developments) (Scotland) regulations 2009. 

Explanation:  This authority excludes applications meeting the definition of a National Development (listed in the National Planning Framework) or a Major Development  (listed in the schedule to the Town and Country Planning (Hierarchy of Developments) (Scotland) regulations 2009).

The Following exceptions apply:

Prescribed at the discretion of the Planning Authority:

The appointed officer shall not determine an application:

• Where it is proposed to approve an application to which there is a substantial body of opposition comprising at least 5 individual letters of representation from separate households, the relevant Community Council, Civic Society or Amenity Society, each letter containing material planning comments and received within a relevant period provided in regulations for submission of representations.
• Where it is proposed to approve the application and that application is significantly contrary to the Development Plan.
• Where it is proposed to approve the application and there is a formal objection from a statutory consultee that would trigger referral of the application to Scottish Ministers.
• Where, within one month of receipt and validation of the application, notice is given to the appointed officer under Section 17 of the Planning etc (Scotland) Act 2006 (Section 43A (6) of the Town and Country Planning (Scotland) Act 1997), that our Committee intends to determine the application.  Such notification (which shall be referred to as a “Member Referral”) shall only be valid when signed by 5 of our members  and shall include a statement of the planning reasons why the decision has been taken.
• Submitted by an elected Member of ours