Planning Circular 5/2013: Schemes of Delegation and Local Reviews
A Scottish circular has been issued providing guidance on the requirements on delegating decisions on planning applications for local development and the related review of decisions.This circular relates to the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 (the Regulations). It explains the requirements for preparing schemes of delegation and conducting local reviews contained in the Regulations and the Town and Country Planning (Scotland) Act 1997, as amended (the 1997 Act).
These schemes of delegation relate to applications for planning permission for local development and applications for approval, consent or agreement required by a condition imposed on a grant of planning permission for a local development. Local developments are those which are not categorised as either major developments in the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 or as national developments in the National Planning Framework.
Where a scheme of delegation under section 43A(1) of the 1997 Act delegates such applications to a person appointed to make a decision (usually an officer of the authority and hereafter referred to as an appointed officer), the applicant does not have a right of appeal to Scottish Ministers against either the decision or the failure of the appointed officer to take a decision within the period for determination. Instead the applicant has a right to a review by the planning authority of the decision or the failure to determine the application.
This circular replaces Circular 7/2009 on Schemes of Delegation and Local Reviews, which is cancelled.
Date: December 2013
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