A Guide to the Planning System in Scotland

A Guide to the Planning System in Scotland

Sometimes new buildings, changes to the use and appearance of existing buildings, and other changes in the way land is used are needed. These activities are called 'development', and they often require planning permission.
There are three main parts to the planning system: 
1. Development Plans - which set out how places should change and also set out the policies used to make decisions about planning applications. 
2. Development Management - the process for making decisions about planning applications.
3. Enforcement - the process that makes sure that development is carried out correctly and takes action when development happens without permission or when conditions have not been followed.

Aim of the Planning System 

The planning system is used to make decisions about the future development and the use of land in our towns, cities and countryside. It considers where development should happen, where it should not and how development affects its surroundings. The system balances competing demands to make sure that land is used and developed in the public's long-term interest. 

The effect of the planning system's decisions should be to help increase sustainable economic growth, which is the main purpose of the Scottish Government. This means that the planning system should help build a growing economy, but at the same time protect our environment for future generations and make sure that communities can enjoy a better quality of life.

Development Plan

The development plan is a document that sets out how places should change and what they could be like in the future. It says what type of development should take place where, and which areas should not be developed. It sets out the best locations for new homes and businesses and protects places of value to people or wildlife.Councils and national park authorities must prepare a development plan for their area at least every five years. The law says that the development plan should be the starting point in making any planning decisions.

The development plan for any given area of Scotland consists of: 
1. the National Planning Framework (NPF4 was adopted in February 2023) 
2. the relevant local development plan (LDP). Scotland's 32 local authorities and the two national park authorities are designated planning authorities, and are required to prepare an LDP

What the Plan contains?

Each council area in Scotland is covered by a local development plan, which sets out where most new developments are proposed and the policies that will guide decision-making on planning applications. 
If you live in Aberdeen, Dundee, Edinburgh, Glasgow or any of the following council areas - Aberdeenshire, Angus, East Dunbartonshire, East Lothian, East Renfrewshire, Fife, Inverclyde, Midlothian, North Lanarkshire, Perth and Kinross, Renfrewshire, Scottish Borders, South Lanarkshire, West Dunbartonshire or West Lothian - there will also be a strategic development plan covering all or part of your area. The strategic development plan sets out the long-term development of the city region and deals with region-wide issues such as housing and transport.

Regional Spatial Strategies

The Planning (Scotland) Act 2019 has also introduced the concept of Regional Spatial Strategies (RSS) to provide a spatial representation of the key regional land use issues requiring to be addressed across a region identifying strategic development needs and priorities. Although non-statutory in nature (they do not form part of the development plan and will not have a status in planning decisions), they must nevertheless be taken account of when a new LDP is being prepared.

Local Development Plans

Every planning authority in Scotland must produce a local development plan (LDP) for its area containing policies and proposals regarding the development and use of land. A planning authority may produce more than one LDP, provided that each one has different purposes, and the boundaries of each of the authority’s LDPs do not need to be the same. Along with the National Planning Framework (NPF), an LDP is part of the statutory Development Plan. 

An LDP must include policies or statements on a number of specific matters as set out in Section 15 of the Town and Country Planning (Scotland) Act 1997, as amended by the 2019 act.

Current Status of Local Development Plans

Given the fact, post NPF4 there has been no significant progress over local development plan. The Scottish Government is worried that planning authorities could fail to meet the deadline for all councils to have a new-style local development plan in place by May 2028.