Annex G: Changes to the Regulations and Circular
1. This annex highlights the main changes made to the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 which are now reflected in this new version of the Circular on Development Management Procedures.
2. Also, Schedule 9 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 lists the statutory instruments which previously amended the 2008 Regulations, but which are now revoked as the changes are contained in the DMR. Not all of these amendments affected the Circular. A short summary of the effect of these statutory instruments is also included here.
The Main Changes incorporated into the new circular
Interpretation - the new statutory definition of "householder development" used in the DMR is included, as is the amended definition of "neighbouring land" (excluding a road), and references to regulations have been updated as appropriate. The definition of "statutory consultees" used here is not based on any statutory definition but is for the purposes of the circular.
Chapter 2 Pre-application Phase - this contains some additional good practice material on PAC and reference to the fact PAC no longer applies to Section 42 Applications.
Chapter 3 Making a planning application - includes the new requirements for a plan showing neighbouring land owned by the applicant and a statement that the land involved in a proposal is Crown land in relevant cases. The text on reduced requirements on content for 'Further applications' is amended to include these new requirements but to remove the requirement for a PAC report for Section 42 Applications. The 'Design Statements and Design and Access Statements' section is amended to deal with earlier amendments that a design statement is not required for extensions and alterations to existing marine fish farms. Document references are also updated in this section.
Chapter 4 Processing planning applications - The section on 'Schemes of Delegation' is amended regarding the removal of the restriction on delegating to appointed officers applications for local development in which the planning authority has an interest. Annex E on 'Declining to Determine Applications' now reflects the changes which put local review cases on a similar footing to cases where appeals to Scottish Ministers are involved. The sections on 'Validation and on Local Reviews' and appeals are amended to emphasise the need for clarity of the validation date. The section on 'Neighbour Notification and Publicity' is updated to deal with the removal of a road as neighbouring land and the reduced requirements to advertise applications where there are no premises on neighbouring land to which notification can be sent. The section on 'Consultation on Applications' is amended with regard to the ability of consultees to write to authorities under regulation 25 to reduce the need for consultation (the original restriction on this facility with regard to paragraph 3 of Schedule 5 is extended to include paragraph 4 - both relate to consultation in relation to major accident hazards). There is also reference to notifying the Local Government Boundaries Commission Scotland of developments which straddle local authority boundaries. The section on 'Time Periods for Determination' is amended to take account of the ability to agree extensions on applications to which a right to local review applies. The section on 'Decision Notices' is amended due to the requirement to include an indication of where information on making appeals or seeking local reviews can be found. The 2011 amendment to the form of words for notifying applicants of the time periods for their rights of appeal and local review is incorporated in the text and an example of calculating such time periods is provided in a footnote. The wording of the paragraphs in the section on 'Duration of planning Permission' have been amended. Reference to the new provisions of 'Applications - National Security' is included.
Chapter 6 Processing Agreements - This is amended to include a link to a template for processing agreements and update the text about when processing agreements should be used.
Annex F Pre-determination Hearings Procedures - change to list of issues for planning authorities to consider.
Summary of the Scottish Statutory Instruments Amending Development Management Procedures Since 2008 (now incorporated in the DMR)
SSI 2009/220 Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2009 - amendments made to the 2008 Regulations before they came into force and which were included in the original Circular.
SSI 2010/460 The National Scenic Areas (Consequential Modifications) (Scotland) Order 2012 - amended the DMR, amongst other legislation, to change the definition of "National Scenic Area".
SSI 2010/60 The Management of Extractive Waste (Scotland) Regulations 2010 - these regulations included an amendment to Schedule 3(2)(d) of the DMR to include reference to "management of extractive waste".
SSI 2011/138 Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2011 - Some technical amendments to tighten the wording of regulations; an amendment removing the need for a design statement for extensions or alterations to marine fish farms; a new requirement to consult the Crofters Commission; amendment of the form for notice of rights of appeal and local review.
SSI 2011/139 - Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 - removed the direction making power regarding EIA cases from the DMR (power now included in SSI 2011/139).
SSI 2011/377 The Historic Environment (Amendment) (Scotland) Act 2011 (Saving, Transitional and Consequential Provisions) Order 2011 - amended the definition of "Historic Garden and Designed Landscape" used in the DMR.
SSI 2012/165 Town and Country Planning (Development Management Procedure) (Scotland) Amendment Regulations 2012 - introduced the requirement to consult Historic Scotland on development affecting Historic Battlefields.
SSI 2012/325 Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2012 - changes to take account of the removal of the requirement for PAC regarding Section 42 Applications and to introduce the ability to agree extensions to periods of determination for applications to which local review applies.
SSI 2013/155 Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 - Changes to the definition of "neighbouring land" and a reduction in the requirement to place newspaper notices where there are no premises to which neighbour notification can be sent; an additional requirement to consult Network Rail on proposals near railway lines; an extension of the restriction on the ability of consultees on major-hazard related development to write to planning authorities under regulation 25 to reduce the need for consultation; and an extension of the list of regulations which apply to a person to whom decisions on local development are delegated.
Email: Scottish Government Planning, firstname.lastname@example.org