Planning application decisions

The scheme of delegation explains when Planning Officers can decide on planning applications and when these decisions need to be made by a Council Committee of elected members.

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 someone who holds the position of 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:

• There are at least 5 opposition letters from different households or relevant community groups, all containing valid planning comments.
• The application goes against the Development Plan.
• A statutory consultee formally objects, requiring referral to Scottish Ministers.
• If our Committee plans to decide on an application, they must notify 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) within a month of receiving the application. This notification, called a “Member Referral,” must be signed by 5 members and include the planning reasons for the decision.
• Within a month of receiving the application