edinburgh council planning guidance notes for ccs · general enquiries the planning help desk the...

Edinburgh Council Planning Guidance Notes for CCs

(NOTE: This is a conflation of nine guidance notes about planning which the Council has put on the Web for Community Councils. If you want to read these on line, the hyperlinks below will get you to the individual ones, though you will have to download each one to read it. This conflation saves you downloading nine files. Each document in our conflation has its individual page numbers though. They are all quite short except the Planning Overview (14 readable pages) and the 7 page glossary. If the Council updates the pdfs, the links will still get you to the latest version but the conflated version will not update unless we change it.

Planning contact details ( - 102.92 KB)

Finding Information on planning proposals ( - 304.22 KB)

National, major and local development ( - 245.98 KB)

Development Plans ( - 119.64 KB)

Material planning considerations ( - 103.98 KB)

Scheme of delegation ( - 106.4 KB)

Pre application consultation ( - 285.82 KB)

Planning Overview ( - 232.38 KB)

Glossary of planning terms ( - 125.39 KB)

http://www.edinburgh.gov.uk/downloads/file/3110/glossary_of_planning_terms

http://www.edinburgh.gov.uk/downloads/file/3110/glossary_of_planning_terms

http://www.edinburgh.gov.uk/downloads/file/3214/planning_overview

http://www.edinburgh.gov.uk/downloads/file/3214/planning_overview

http://www.edinburgh.gov.uk/downloads/file/3109/pre_application_consultation

http://www.edinburgh.gov.uk/downloads/file/3109/pre_application_consultation

http://www.edinburgh.gov.uk/downloads/file/3108/scheme_of_delegation

http://www.edinburgh.gov.uk/downloads/file/3108/scheme_of_delegation

http://www.edinburgh.gov.uk/downloads/file/3107/material_planning_considerations

http://www.edinburgh.gov.uk/downloads/file/3107/material_planning_considerations

http://www.edinburgh.gov.uk/downloads/file/3106/development_plans

http://www.edinburgh.gov.uk/downloads/file/3106/development_plans

http://www.edinburgh.gov.uk/downloads/file/3105/national_major_and_local_development

http://www.edinburgh.gov.uk/downloads/file/3105/national_major_and_local_development

http://www.edinburgh.gov.uk/downloads/file/3104/finding_information_on_planning_proposals

http://www.edinburgh.gov.uk/downloads/file/3104/finding_information_on_planning_proposals

http://www.edinburgh.gov.uk/downloads/file/3103/planning_contact_details

http://www.edinburgh.gov.uk/downloads/file/3103/planning_contact_details

PLANNING & BUILDING STANDARDS

COMMUNITY COUNCIL ADVICE NOTE: Planning Contacts May 2014

The City of Edinburgh Council 2

Tel. 0131 529 3146Building Standards Manager

George [email protected]. 0131 529 3592

Principal Planner Major Developments (West and Central)

Bruce [email protected] or [email protected]. 0131 529 3516

Principal Planner Major Developments (east and north)

Alison [email protected] or [email protected]. 0131 469 3590

Principal Planner Local Developments (West and Central)

Kevin [email protected] or [email protected]. 0131 529 3721

Principal Planner LocalDevelopments (East and North)

Paul [email protected] or [email protected]. 0131 529 3911

Principal Planner Listed buildings

Anna [email protected] or [email protected]. 0131 529 3521

Principal Planner -enforcement

Alan [email protected] or [email protected]. 0131 529 3909

Community Engagement Technician

Jo-Anne [email protected]. 0131 529 3147

mailto:[email protected]















COMMUNITY COUNCIL ADVICE NOTE: Planning Contacts May 2014


introductionThe Planning and Building Standards Service aims to be a customer friendly service open to all. The first step is knowing who to contact.

General Enquiries � the Planning Help DeskThe Planning Help Desk is open during office hours and we have a planning officer on duty to give general advice. They will not generally have detailed knowledge about individual cases and any advice they do give is informal. You can come in to meet the duty planner or contact as follows:

[email protected]. 0131 529 3550Planning applications � please contact the case officer. Details can be found on the weekly list or on public access.

The acting Head of Planning and Building StandardsDavid Leslie is the acting Head of Service and he is responsible for the overall management of the service. Contact details are set out below. However, in most cases he will ask other officers to investigate and respond unless it is an issue he needs to deal with himself.

[email protected]. 0131 529 3948Other contactsDevelopment Planning Manager

John [email protected]. 0131 469 3721

DM Co-ordinator (west and Central)

David [email protected]. 0131 529 6233

DM Co-ordinator (east and north)

Linda [email protected]





https://citydev-portal.edinburgh.gov.uk/idoxpa-web/search.do?action=simple&searchType=Application



COMMUNITY COUNCIL ADVICE NOTE: Finding information on planning proposals May 2014


There are several ways of finding information on planning proposals.

Pre-Application StageThere is a statutory process for commenting on national and major development proposals at pre-application stage. Developers must consult with the local community as part of this process. Any public event will be advertised in the press.

The local community council will be served a copy of the Proposal of Application Notice. Look out for details of planning proposals on community council websites.

Application stageNeighbour notification Neighbours who live within 20m of the application boundary will receive a letter from the Council about the

planning application.

Newspaper adverts Some applications are advertised in the newspaper on a Friday notably if the address is a listed building or within a conservation area or it raises particular neighbourhood issues.

Site notices Some applications require a site notice to be placed near the property notably if the address is a listed building or within a conservation area.

Planning and Building Standards Online Services

Once you have registered to view or comment on planning applications, you can save searches so that you will be notified of any new applications that match the saved search details. See example below.

Weekly list (online) The on-line Weekly List of applications is updated daily during the working week, and will contain a statement as to how further information on an application may be obtained.

https://citydev-portal.edinburgh.gov.uk/idoxpa-web/search.do?action=weeklyList&searchType=ScottishBuildingWarrant

http://www.edinburgh.gov.uk/info/180/planning-applications_warrants_and_certificates/1198/comment_on_and_view_planning_applications




Weekly list (applications received and decided)

A weekly list of all applications received and decided the previous week, including proposal of application notices, is published every week. This is emailed to community councils and others on the distribution list.

Tell Me Scotland Tellme Scotland is a portal for accessing public information notices issued by local authorities across Scotland. You can search for planning notices or sign up to receive alerts within a specified radius of a postal code. Currently planning notices are only those that are advertised in the press.

http://www.tellmescotland.gov.uk/




You can enter keywords such as Marchmont or postcodes and save these as searches. You can then be notified by email of any new cases that match your searches or you can run the search manually to find cases with this reference. See example below.




You can also track applications that interest you and you can be notified of any updates.


COMMUNITY COUNCIL ADVICE NOTE: May 2014Naonal, Major and Local Developments

Major DevelopmentsMajor developments include the following:

• Housing of 50 dwellings or more

• Business & General Industry, Storage and Distribuon buildings more than 10000m²

• Developments set out in Schedule 1 of the Environmental Impact Assessment (Scotland) Regulaons 2011

• Most other types of development we see in Edinburgh that are more than 5000m² -eg larger retail, leisure and entertainment, educaon, healthcare and communityfacilies developments.

Local DevelopmentsLocal developments are the remainder of developments. These include anything froma house extension right up to 49 houses and buildings with oor areas smaller than thosefor major developments.

Permied developmentSome types of local development are “permied development”. These are

A local development�house at Wester Coates

There are 3 scales of development. These aredealt with in dierent ways by planners.

Planning permission needed

Proposal of

applicaon noce

needed

Permied development (no applicaon needed)

National

Major

Local

Naonal DevelopmentsThese are developments that are strategically important to Scotland. They are set out inthe Scosh Government’s Naonal PlanningFramework. The new Forth crossing andstrategic enhancements to Edinburgh Airport are examples.

Naonal developments are decided by fullCouncil aer a pre determinaon hearing atthe Council’s Development Management Sub-Commiee.

Naonal development—Queensferry Crossing Major development�Housing at Gracemount

generally smaller in scale and have limited impact on the surrounding area. Thesedo not need applicaons forplanning permission as the legislaonalready allows this. If you live in a listedbuilding, conservaon area or at, there areonly limited permied development rights.

You can nd out more about dierenttypes of development in the ScoshGovernment’s Circular on Hierarchy ofDevelopments

http://www.scotland.gov.uk/Resource/Doc/278390/0083657.pdf




COMMUNITY COUNCIL ADVICE NOTE: The Development Plan May 2014


What is the Development Plan?

The Development Plan is made up of the following:

the approved Strategic Development Plan (SDP) + its supplementary guidance

and

the adopted local plan when adopted: the Local Development Plan (LDP)+ its supplementary guidance

The Strategic Development Plan (SDP)SESplan The South East Scotland Strategic Development Plan Authority, SESplan, is a partnership of six Member Authorities

comprising City of Edinburgh, East Lothian, Midlothian, Fife, Scottish Borders and West Lothian, working together on strategic development planning matters.

SESplan's key role is to prepare and maintain an up to date Strategic Development Plan (SDP) for the South East Scotland area. This process involves engaging key stakeholders and the wider community. The first SDP was approved by Scottish Ministers on 27 June 2013.

Supplementary Guidance On 21 May, SESplan submitted the Housing Land Supplementary Guidance to Scottish Ministers. Unless directed otherwise by Ministers, it will be adopted at the end of a 28 day period.

The SDP This can be downloaded at www.sesplan.gov.uk


COMMUNITY COUNCIL ADVICE NOTE: The Development Plan May 2014


The current Local PlanLocal Plans Local plans set policies and proposals to guide development. The Council uses these plans to help decide planning

applications. There are two local plans for Edinburgh - The Edinburgh City Local Plan and the Rural West Edinburgh Local Plan.

You can see the local plans on the Council websiteNon-statutory guidance Planning guidelines provide advice on a range of topics to guide new development. Planning officers and agents use

this to ensure consistency but they have less weight as they are not statutory. There is a range of guidance including Guidance for Householders, Guidance for Businesses, Guidance on Listed Buildings and Conservation areas and Edinburgh Design Guidance. All can be found on the Council website under planning guidance.

The Local Development PlanThe Local Development Plan

A Local Development Plan (LDP) sets out policies and proposals to guide development. When Edinburgh's LDP is adopted, it will replace the two existing local plans.

The Process The Main Issues Report (MIR) is the first stage in preparing the LDP. It was published in October 2011. Its purpose was to seek views on the policy and development options that could be included in the LDP.

The Proposed LDP is the second stage. It was published in March 2013. However, the Plan needs to be amended because Scottish Ministers want us to allocate more land for houses. It therefore needs to return to the Planning Committee to decide where this should be.

The Revised LDP is now due to be reported to a meeting of the Planning Committee on 12 June 2014. Also being reported then is a new Development Plan Scheme, which will set out the new period for representations,

http://www.edinburgh.gov.uk/info/20069/local_plans_and_guidelines/64/local_plans

http://www.edinburgh.gov.uk/info/20069/local_plans_and_guidelines/63/planning_guidelines

http://www.edinburgh.gov.uk/info/20069/local_plans_and_guidelines/64/local_plans


COMMUNITY COUNCIL ADVICE NOTE: Material Planning Considerations May 2014


What is the planning system for?The planning system operates in the long term public interest. It does not seek to protect the interests of one person or business against the activities of another. The basic question is whether the proposal would unacceptably affect the amenity and existing use of land and buildings which ought to be protected in the public interest, not whether owners or occupiers of neighbouring or other existing properties would experience financial or other loss from a particular development.

The Statutory testDecisions on planning applications must be made in accordance with the development plan unless material considerations indicate otherwise.

This means that if the proposed development conforms to the development plan, it should be approved unless there are good planning reasons not to do so. If it does not conform to the development plan, it should be refused unless there are good planning reasons to approve it. There is in effect a presumption in favour of development if it conforms to the development plan.

In deciding what are material planning considerations, the courts have said - • It should serve or be related to the purpose of planning. It should therefore relate to the development and use of land, and • It should fairly and reasonably relate to the particular application

Examples are set out below.

Material Planning Considerations � these are details we can take into account when assessing planning applications. Development Plan Does the proposal accord with the development plan? If not, are there particular planning reasons why it should be

approved. If it does conform, are there any planning reasons why it should be refused?Use Is the use compatible with the character of the area? Does it affect residential amenity?Design � form, massing, materials, density, scale, heights, appearance.

Is the design compatible with the character of the area? Is it too big? Is the architectural quality of a high standard?

Amenity � open space, noise, privacy,

Does the proposal involve the loss of open space? Is there sufficient open space with the new development? Is the development likely to cause noise and disturbance? Does the development affect neighbours� privacy or cause


COMMUNITY COUNCIL ADVICE NOTE: Material Planning Considerations May 2014


overshadowing. overshadowing to neighbours� houses or gardens?Sustainability Does the development encourage the use of cars rather than public transport? Are there any proposals for

renewable such as solar panels?Landscape and biodiversity

Are there any trees being lost in the new development. Is the standard of new landscaping high? Are there any bats, badgers or otters on the site?

Historic context Is the development in a conservation area or is it a listed building? Does the development affect the character or appearance of the conservation area? Does it affect the character of the listed building or its setting?

Parking and access Is there sufficient parking in the development? Is the access safe for drivers and pedestrians?Developer contributions Does the developer have to pay contributions to upgrade the infrastructure? Is there a requirement for affordable

housing?Likelihood of success at appeal

Have similar cases been sustained on appeal and permission granted?

Economic benefits Will the development be good for the economic viability and vitality of the area?

Non-Material Planning Considerations � these are details we cannot take into account when assessing planning applications.Loss of house value This relates to private interests and cannot be taken into accountLand ownership Anyone can apply for planning permission on any piece of land. They do not have to own it. The applicant must

inform the owner they are making an application. However, the fact that they do not own the land is not a reason for refusing an application.

Loss of private view This relates to private interests and cannot be taken into account. Public views can be considered.Structural issues This is dealt with through the building warrant process and is not a planning matter.Precedent Each case must be determined on its own merits and not a search for precedents. However, other development

may contribute to the established character of the area.Development not needed.

This is a decision for the applicant not the planning authority.


COMMUNITY COUNCIL ADVICE NOTE: The Scheme of Delegation May 2014


What is a Scheme of Delegation?The Council is required to have a scheme of delegation by virtue of the Local Government (Scotland) Act 1973. The scheme is the way the Council delegates authority to officers to perform certain functions. It also fulfils the legislative requirement to set out a list of the functions of the Council that are carried out by officers.

The Council, as planning authority, also needs to have a statutory scheme of delegation to deal with local developments. This is then approved by Scottish Ministers.

So both schemes allow officers of the Council to perform functions and make decisions on behalf of councillors.Why do we have a planning scheme of delegation?Edinburgh has over 5000 planning applications each year. Clearly elected councillors would be unable to make a decision on each one � this would not be an efficient use of their time. In order for councillors to carry out their statutory roles, officers take decisions on a wide range of matters provided they are in compliance with the scheme of delegation.

What is in the Planning Scheme of DelegationThe scheme of delegation under the 1973 Local Government Act.

Planning Applications This section authorises the determination of a range of applications for planning permission, listed building consent, conservation area consent, certificates of lawfulness, advertisement consent and non-material variations. Applications for Hazardous Substances Consent are excluded and must be referred to the Development Management Sub-Committee for a decision.

In determining an application, the officer must be sure that the proposal accords with the statutory development plan, accords with non-statutory guidance (except where the infringement is so minor that refusal or amendment would not be justified) and does not remove or amend conditions previously added by the Committee. Legal agreements may be entered into as long as the total value of the contributions, of whatever kind, does not exceed £250,000.




The officer cannot determine applications which fall within the definition of national developments. Local developments, which are the subject of the statutory scheme (see below), are also excluded from this scheme of delegation. The officer also cannot determine applications which have been submitted by an elected member or by an officer involved in the statutory planning process, or have been submitted by a partner, close friend or relative of such a person. In addition, applications cannot be approved where there are more than 6 material objections nor can they be refused where there are more than 6 material representations in support of the proposals.

These delegated powers do not have effect where an elected member has asked within 21 days of advert, neighbour notification or validation, whichever is later, that the matter be referred to the Development Management Sub-Committee for material planning reasons or the Head of Planning and Building Standards is of the view that the matter should be determined by that Committee because the proposal is controversial, is of significant public interest or may have significant environmental impact.

Direct responses to consultations on planning applications from neighbouring authorities under the Code of Practice for Application Referrals can also be made as long as they do not raise a significant planning matter which would lead to advice to refuse or object; are not controversial and are not the subject of significant public interest.

There is also a range of other powers relating to prior approvals, repeat applications, environmental statements, screening requests etc.

Enforcement Action: This section covers a wide range of actions to initiate, to progress and to conclude enforcement action, interdict action and direct action in connection with the range of powers within the planning enforcement toolkit. The delegation also includes powers to withdraw, relax or vary an enforcement notice and to respond to a number of specific situations or issues.




Landscape: This section provides the authority to make provisional TPOs and to authorise works to trees protected by TPOs and to trees in conservation areas.

Appeals: Authority to determine what response should be made to the DPEA in appeals against non-determination where the application could have been dealt with under delegated powers.

Legal Agreements: Agreements (now planning obligations) can be entered into as long as there is compliance with relevant policy and the overall value of the contributions, whether financial or otherwise, does not exceed £250,000.

Miscellaneous: These provisions relate to powers of entry for any purpose in the preparation of a development plan and in general planning controls; naming and numbering of streets; and requiring proper maintenance of land affecting listed buildings or conservation areas.

The statutory scheme of delegation (under the 2006 Planning Act)

This scheme authorises the Head of Planning and Building Standards to appoint suitable officers to determine applications for local developments as defined in the Hierarchy of Developments. This power relates to planning applications and to applications for consent, agreement or approval required by a condition imposed on a grant of planning permission.

In determining an application, the appointed officer must be sure that the proposal accords with the statutory development plan, accords with non-statutory guidance (except where the infringement is so minor that refusal or amendment would not be justified) and does not remove or amend conditions previously added by the Committee




The appointed officer cannot determine applications which have been submitted by an elected member or by an officer involved in the statutory planning process, or have been submitted by a partner, close friend or relative of such a person. In addition, applications cannot be approved where there are more than 6 material objections nor can they be refused where there are more than 6 material representations in support of the proposals.

These delegated powers do not have effect where an elected member has asked that the matter be referred to the Development Management Sub-Committee for material planning reasons within 21 days of advert, neighbour notification or validation, whichever is later or the Head of Planning and Building Standards is of the view that the matter should be determined by that Committee because the proposal is controversial, is of significant public interest or may have significant environmental impact.

Appointed officersOnly certain officers are given delegated powers. These are generally officers at a higher grade. For instance, the Head of Planning and Building Standards or service manager can only sign off reports for the Development Management Sub-Committee. Planning applications decided under delegated powers can only be signed off by at least a senior planning officers and above and they must be chartered town planners. The case officer can never determine the planning application they are dealing with � this must be done by another officer.


COMMUNITY COUNCIL ADVICE NOTE: May 2014Pre applicaon consutaon

The Edinburgh Planning ConcordatThe Concordat encourages discussions between the Council, developers and community councils at all stages of the planning applicaon process. By working together we can create beer places for all of us.

The Concordat is a framework for consultaon when major development is proposed. It is about promong local parcipaon and it sets out a process which all pares should encourage when discussing development.

All community councils are encouraged to sign up to the Concordat.

You can nd out more about it on our webpage about the Concordat.

Proposal of Applicaon Noce (PAN)These are needed for all naonal and major developments. A PAN lets the Council and the community know that an applicaon is likely to be made. These have to be submied 12 weeks before the planning applicaon.

Community Councils get sent a copy of the PAN direct from the developer.

During the 12 week period, the developer must hold a public event where the public may make comments on the proposed development. This event is adversed in the Edinburgh Evening News along with details of where to nd further info and how to make comment.

Both community councils and the public generally can make their views known to the developer.

The Concordat was signed by Councillor Ian Perry, Ali Afshar of the Edinburgh Chamber of Commerce and David Salton, Chair of theEdinburgh Associaon of Community Councils

A public consultaon event in Queensferry

http://www.edinburgh.gov.uk//download/downloads/id/368/edinburgh_planning_concordat


COMMUNITY COUNCIL ADVICE NOTE: May 2014

Community Engagement FundTo help community councils nd out what people think about upcoming developments, the Council has a Community Engagement Fund. This grants up to £300 per development. Grants will be given:

• Where the Community Council has approached the developer for assistance and this has been refused. For instance, the developer could pay for leaeng exercises and this could form part of the discussion about the form of community engagement;

• Where the informaon being distributed is imparal and genuinely seeks the wider community view.

Grants are to be used in the following ways:

• Distribuon of informaon such as leaets, postcards, mail shots;

• Public noce boards in shop windows, GP surgeries, churches, community facilies etc;

• E-parcipaon through websites; • Public stalls/street stalls eg in a shopping

centres; • Door to door surveys; • Special public meengs; and • Exhibion boards in public places.

You can nd out about grants on our webpage about having your say on major development proposals.

Pre applicaon consutaon

PAC reportWhen the planning applicaon is made, the developer must provide a Pre Applicaon Consultaon report. It known as a PAC report.

Before this happens, developers are asked to give a dra of the PAC report to the community council for their comment. It is important that the community council gives feedback as soon as possible. Somemes there might be a need for further consultaon at this stage.

The PAC report normally includes:

• Who has been consulted;

• What steps were taken to comply with the statutory requirements and those of the planning authority;

• How the applicant has responded to the comments made, including whether and the extent to which the proposals have changed as a result of PAC;

• Evidence that the various steps needed have been done - e.g. copies of adversements of the public events and reference to material made available at such events;

• Evidence the public were made aware that the PAC process does not replace the applicaon process whereby representaons can be made to the planning authority.

A PAC report

http://www.edinburgh.gov.uk/downloads/download/128/have_your_say_on_major_development_proposals




COMMUNITY COUNCIL ADVICE NOTE: Community Councils and Planning Overview

Revised June 2014

The City of Edinburgh Council 1/14

Introduction Page 2

Finding out about proposals Page 3 The Weekly List The Planning and Building Standards Online Services

Planning Proposals and Applications Page 4 Hierarchy of developments Pre-application consultation with communities Proposal of Application Notices (PAN) Pre-application consultation report (PAC report) The Edinburgh Planning Concordat Community Engagement Fund Permitted Development

Speaking up for communities Page 7 When to submit a representation When to be a consultee Variation or amendment of applications after submission Contact with case officer Making the decision

Planning Policy Page 10 Development Plans and supplementary guidance

Help and Advice Page 12

Appendix 1 Summary of the roles and responsibilities of community councils in the planning system (extract from PAN47)

Appendix 2 Hierarchy of developments full details


COMMUNITY COUNCIL ADVICE NOTE: Community Councils and Planning Overview Revised June 2014


Introduction

The planning system can often seem complex and confusing, and this guidance note is intended to help community councils understand how the system works and their role within it.

Since 1996, community councils have had the statutory right to be consulted on applications for planning permission. PAN 47 (1996) sets out the roles and responsibilities of community councils and is available on the Scottish Government's website at www.scotland.gov.uk

Community Councils should read the following Scottish Government key documents:

PAN47 - Community Councils and Planning PAN81 - Community Engagement - Planning with People

http://www.scotland.gov.uk/Publications/2007/03/07090708/0

http://www.scotland.gov.uk/Publications/1996/03/18415/28370




Finding out about proposals

The Weekly List

The on-line Weekly List of applications is updated daily during the working week, and will contain a statement as to how further information on an application may be obtained.

A weekly list of all applications received and decided the previous week, including proposal of application notices, is published every week. This is emailed to community councils as required by PAN47.

On viewing the Weekly List, a community council�s appointed planning spokesperson should assess whether any of the planning applications listed in its area raises issues of local interest. They should then decide whether to be a formal consultee or simply make a representation. The date to comment by is included in the List. More details about whether to make representations or be a consultee can be found below.

Community Councils may also wish to check planning applications in adjacent wards in case they may impact on their area.

The Planning and Building Standards Online Services

The online services allows planning application details, including the application form and associated plans, to be viewed via the internet. There are several ways of searching for applications such as by ward, property address and application number.

Once you have registered to view or comment on planning applications, you can submit comments and save searches so that you will be notified of any new applications that match the saved search details.

Arrangements are also in place to allow community councils to borrow a set of applications plans to assist discussion in a local meeting. The period for borrowing plans has been increased to 48 hours.

https://citydev-portal.edinburgh.gov.uk/idoxpa-web/search.do?action=simple&searchType=Application

https://citydev-portal.edinburgh.gov.uk/idoxpa-web/search.do?action=weeklyList




Planning Proposals and Applications

Hierarchy of developments and pre-application consultation with communities

Following the Planning etc (Scotland) Act 2006, there is a greater role for community councils and community engagement in the planning system. This includes early and broad based engagement when preparing planning policies and major development proposals.

Hierarchy of developments

All planning proposals and applications are now classified in a hierarchy of developments. Proposals and applications can be designated as national, major or local developments.

National developments are contained in the National Planning Framework (NPF) which is produced by Scottish Government. The current (2009) version is NPF2. This includes the new Forth Crossing and enhancements at Edinburgh Airport. National developments are at the top tier of the hierarchy.

Below national developments are major developments. There are 9 classes of major development in the hierarchy. For example, 50 or more houses is a major development.

For national and major developments, design and access statements may have to be submitted and there may be additional scrutiny in deciding the application, such as a pre-determination hearing or consideration by full Council.

All other development proposals are classified as local developments.




Pre-application consultation

The developer is now required to undertake mandatory pre-application consultation for all national and major developments. Pre-application consultation allows communities to be better informed and to have an opportunity to contribute their views to the developer before a planning application is submitted.

There is no requirement to undertake formal pre-application consultation for local developments, but determining community views on the proposed development at an early stage is often a good idea.

Proposal of application notice (PAN)

A proposal of application notice (PAN) must be submitted to the planning authority by the developer at least 12 weeks prior to submission of a national or major application. This notice must provide details of the proposal and the pre-application consultation to be carried out.

As a minimum, the PAN must be served on affected community councils and one public event must be held. There must be publicity for the public event in the form of a newspaper advert at least 7 days in advance. The PAN will also be published in the appropriate Weekly List.

Sometimes, a developer may be asked by the planning authority to undertake additional community engagement depending on the nature, extent and location of the proposed development.

Both community councils and the public generally can make their views known to the developer. Pre-application consultation does not replace the opportunity to comment on planning applications once they have been received by the planning authority.

Pre-application consultation report (PAC report)

When the planning application is made, the developer must provide a pre-application consultation report, known as a PAC report. Before this happens developers are asked to give a draft of the PAC report to the community council for their comment. It is important that the community council gives feedback as soon as possible. Sometimes there might be a need for further consultation at this stage. The PAC report includes details of who has been consulted, what steps were taken to comply with the statutory requirements, how the applicant responded to comments made, copies of adverts and




consultation material and evidence that the public were made aware that the PAC process does not replace the application process whereby representations can be made to the planning authority.

The Edinburgh Planning Concordat

The Concordat encourages discussions between the Council, developers and the community councils at all stages of the planning application process. By working together we can create better places for all of us.

The Concordat is a framework for consultation when major development is proposed. It is about promoting local participation and it sets out a process which all parties should encourage when discussing development.

Community Engagement Fund

To help community councils find out what people think about upcoming developments, the Council has a Community Engagement Fund. This grants up to £300 per development.

Permitted Development

Some types of local developments are �permitted development�. These are generally smaller in scale and have limited impact on the surrounding area. These do not need applications for planning permission as the legislation already allows this. If you live in a listed building, conservation area or flat, there are only limited permitted development rights.




Speaking up for communities

It is the statutory duty of a community council to find out what people in the community feel and to express these feelings to the Council.

You may wish to consider the following actions: • talk to local people and see if they share the views of the community council • contact the community newspaper or issue a newsletter describing the proposed development • contact the local Councillor: he/she has been elected to represent the community and may even be a member of the Development Management

Sub-Committee • find out when the particular planning application is due to be considered by the Development Management Sub-Committee. Committee reports

are available five days before Committee on the Council website, and details of any meeting and the items on the agenda can be obtained from the Council website (register to receive alerts) or the Planning Help Desk at Waverley Court.

• you may wish to go and see how the application has been decided although you will not be able to speak unless it is the subject of a hearing.

When to submit a representation

Any individual or organisation has the right to submit comments (known as representations) on a planning application. Many community councils submit comments and objections as �representations� after viewing the application details.

The representation method is generally used where the community council has a clear understanding of local opinion on the proposal, or where the proposal is relatively minor but nevertheless raises a wider local issue. Representations are accepted on the understanding that the views contained therein are the views of the community council. Guidance and advice on commenting on planning proposals is available on the Council web site.

PAN47 provides community councils with guidance on their responsibilities in this respect.

A planning authority has to take comments and representations into account in reaching its decision on a planning application, provided that:




• the representations are made within a specified period, and • they are material planning considerations

The date of registration or advertisement is shown against each planning application on the Weekly List. The newspaper advertisement covering a limited number of applications appears in the Edinburgh Evening News, normally on a Friday. Time periods for representations and consultations are automatically extended during periods of public holiday.

When to be a Consultee

We will automatically treat you as a consultee on national or major developments. In other cases, planning legislation requires a community council to request formal consultation within 7 working days of the issuing date of the Weekly List. PAN47 emphasises that consultation should not cause delay in the processing of applications; community councils should organise themselves in a way that allows a response to be made within the consultation period. Community councils have 21 days to respond, starting from the date of issue of the consultation by the Planning Service. To request a formal consultation, contact the case officer for the application.

PAN47 advises community councils as follows in considering whether to ask to be formally consulted: ��community councils are advised to limit their attention to proposals which raise issues of genuine community interest; householder applications will rarely involve issues of this kind.�

In accordance with its duty to �ascertain, co-ordinate and express� local views, a community council may decide that it is necessary to arrange a public meeting or some other form of local consultation exercise before it submits its consultation response. In such a situation, the community council may wish to seek an extension to the 21 day consultation period. This is likely to be limited to proposals raising complex or controversial local issues and would not be expected to occur on a regular basis. The community council must discuss a request for an extension with the case officer for the application, and then confirm it in writing, giving reasons. If an extension to the timetable is agreed, the extension period will be specified so that the applicant can be informed.

Letters of representation or consultation can be inspected on the Planning and Building Standards Portal. They cannot be treated as confidential, although all personal details will be redacted.




Variation or amendment of applications after submission

Legislation allows applications to be changed after submission with the agreement of the planning authority, provided that the changes are not substantial. A new application would be required to take forward substantial changes.

The legislation makes it clear that it is for the planning authority to decide what is appropriate regarding notice about the changes to other parties. These changes are often minor and raise no new planning issues so we do not do any further publicity. Many changes address points raised by objectors or planning officers

Changes can also be made to approved applications provided they do not raise any new material planning issues. This is called a non-material variation.

Contact with the Case Officer

During the processing of an application the case officer will endeavour to offer help and advice on progress and procedures. They will be unable to enter into a debate on the merits of a scheme.

Similarly it is inappropriate for case officers to express views about proposals at open meetings or other meetings with interested individuals during the consideration of an application. It is the case officer's duty to remain impartial until all the relevant information has been assessed.

Following a decision, the report and its assessment set out our justification for the decision. This is available on the online services. There is no right of appeal for community groups after a decision is made.

Making the Decision

In Edinburgh, the final decisions on planning applications are either taken by the Development Management Sub-Committee (about 7%) or � to help speed up the process - less complex or non-controversial decisions (about 93%) are �delegated� to Planning officers for a decision.




Under new regulations associated with the recent changes to planning legislation, Councils are required to create a scheme of delegation which specifies how applications for local developments will be decided. The decision taken can be reviewed by a Local Review Body of the planning authority rather than by an appeal to Scottish Ministers.

Our previous Scheme of Delegation has been retained and updated and used in addition to the new scheme of delegation. This allows us to delegate listed building consent and other consents, as well as non-controversial major developments.

Some application types are the subject of mandatory pre-determination hearings and the Regulations prescribe those, other than the applicant, who can appear before and be heard by the relevant committee. In these cases, the final decision is made by the full Council. Pre-determination hearings are mandatory for major developments where they are significantly contrary to the development plan, and for national developments.

In some cases, applications will be decided by a normal hearing rather than a pre-determination hearing. This is for more complex and contentious cases and it gives all parties the right to address the Development Management Sub-Committee. This is the only way a ward councillor can address the Committee.

Planning Policy

Development Plans

Edinburgh Council is required by the Government, to prepare a plan explaining its long term intentions for the future development of their area. The plan sets out policies and proposals which are used when deciding planning applications.

The Edinburgh area is currently covered by two plans:

• The Edinburgh City Local Plan which was published in 2010, and • The Rural West Edinburgh Local Plan which was published in 2006.




The Council is now working on updating these plans into one plan called the Edinburgh Local Development Plan which is the first of a new type of plan to cover the Edinburgh Council area as a whole.

The Council prepares an annual update on how preparation of this plan is progressing in a booklet called the Development Plan Scheme. It also sets out when and how to get involved in the plans content.

The content of the plan must meet the requirement set out in two other documents:

• The National Planning Framework which sets out Scottish Governments strategy for development across the country; and • The Strategic Development Plan for South East Scotland which sets out a long term approach to where future development will be located across all

of the Lothians, Borders Council and part of Fife.

Copies of the more recent Plans are available for everyone to inspect on the Council website, at all public libraries and at the Planning Help desk, Waverley Court.

Community councils are entitled to a free copy of all development plan documents, and copies of the new documents will be sent directly to the nominated planning spokesperson of the each community council.

Community councils are encouraged to become involved in the preparation or review of the development plan, particularly when consultation exercises on the plans are undertaken. This allows communities to shape the planning framework which is used for making decisions on individual development proposals.

Supplementary Guidance and Planning Guidelines is produced to provide more detail to the policies of the development plan and to guide the development of larger sites. Their content is also used when deciding planning applications. They are subject to publicity and consultation, and are also available on the Council�s website.




Help and Advice

Planning Help Desk (0131) 529 3550 or email [email protected]

Planning website www.edinburgh.gov.uk/planning

Scottish Government website www.scotland.gov.uk

In writing to: Head of Planning and Building StandardsThe City of Edinburgh Council, City Development Department Level G3, Waverley Court, 4 East Market Street Edinburgh, EH8 8BG

Planning Aid for Scotland (PAS) If you need independent advice then Planning Aid for Scotland may be able to help. This organisation is a voluntary charitable company which offers free advice to individuals, community councils and other groups. PAS volunteers are qualified and experienced planners who can provide information and advice on all aspects of Town and Country Planning and related issues. They can be contacted at the address below:

Planning Aid for Scotland 11a South Charlotte Street Edinburgh EH2 4AS

Tel: (0131) 220 9730 email: [email protected] helpline: 0845 603 7602

http://www.scotland.gov.uk/

http://www.edinburgh.gov.uk/planning




APPENDIX 1

Summary of the roles and responsibilities of community councils in the planning system (extract from PAN47)

• statutory right to be consulted on applications for planning permission • represent a broader yet still local view • key task is helping to provide an informed local context within which sensible decisions can be made in the public interest • should appoint one person as their point of contact for the planning authority on all planning matters, provide holiday cover, and inform the

authority accordingly • community councils should receive copies of the weekly list of planning applications • may wish to view particular applications in detail and can request formal consultation within 7 working days of the issuing date of the weekly list • may not seek to be formally consulted - may submit comments (known as representations) like any other member of the public • advised to limit their attention to proposals which raise issues of genuine community interest : householder applications will rarely involve issues of

this kind • ensure method of working allows response within the consultation period (21 days) • should not expect to be consulted on very minor changes which are sometimes made to applications either while they are being considered or after

they have been approved • planning authorities should consider occasional training sessions for community councillors in their area




APPENDIX 2

Full details of the planning hierarchy

National developments are identified in the National Planning Framework and tend to be proposals for infrastructure developments such as the replacement Forth Crossing.

There are 9 classes of major development which are designated in the Regulations (Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009), and include proposals such as all development under Schedule 1 of the EIA (Scotland) Regulations 1999 and housing proposals of 50 dwellings or more, or housing sites exceeding 2 hectares.

Local developments are designated as those which are not national or major developments, and tend to be of a smaller scale.

http://www.legislation.gov.uk/ssi/2009/51/contents/made


COMMUNITY COUNCIL ADVICE NOTE: Glossary of planning terms May 2014


There are three main parts to the planning system:

a. development plans b. development management c. enforcement and appeals/reviews

A. Development plans The development plan is a document that sets out 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.

Development plans are made up of strategic development plans, local development plans and supplementary guidance. Decisions on planning applications must be based on the development plan in the first instance.Term Short

nameDefinition How community councils can get involved

Strategic Development Plans

SDP Sets out long term vision and a strategy to deal with key planning issues that extend beyond planning authority boundaries. They do not need to cover detailed planning issues as these are covered by local development plans prepared by each planning authority.

The planning authority will prepare and publicise a development plan scheme including a participation statement setting out how and when people can get involved in the preparation process.

Local Development Plan

LDP Detailed statement of the planning authority�s policies and proposals for the development and use of land. There may be several within a single planning authority area.

Development plan Programme for preparing and reviewing the




B. Development ManagementDevelopment management is the process of deciding whether to grant or refuse planning permission and other related consents. Decisions on planning applications should be made in accordance with the development plan unless material considerations indicate otherwise.

Term Short name

Definition How community councils can get involved

Planning concordat Agreement between City of Edinburgh Council Planning, Edinburgh Chamber of Commerce and the Edinburgh Association of Community Councils on how they will work together on major development proposals.

Individual community councils have been invited to �sign-up� to the concordat which means they agree to work with developers and Planning as set out in the concordat step by step process.

Planning concordat engagement fund

PCEF Fund to assist community councils to engage their community on major planning proposals.

Community councils can apply for funding of up to £300 to assist with publicity, extra meetings, website etc.

Major development Legislation categorises all developments as either local, major or national. Major developments include proposals such as 50 or more houses, large supermarkets, offices or hotel development etc.

Major and national development proposals require pre-application consultation with communities at least 12 weeks before a planning application is submitted. Community councils have a statutory role in this process.

Pre-application consultation

PAC A legal requirement for applicants for national and major developments to consult with communities before any planning application is submitted. A proposal of application notice must be submitted to the Council as part of this process.

The community council must be consulted and served a copy of the proposal of application notice.

Proposal of application notice

PAN Part of the pre-application consultation process, a formal notice to the Council giving information on a proposed major or national

The applicant must send a copy of the notice to the community council whose area the application site lies within, as well as any adjoining community councils.




scheme strategic or local development plan, which includes a participation statement.

The planning authority will prepare and publicise a development plan scheme including a participation statement setting out how and when people can get involved in the preparation process.

Main issues report MIR Report published by the planning authority at an early stage in preparing each strategic or local development plan identifying the key issues that face the area.

Proposed plan Public stage in the preparation of a strategic or local development plan after the main issues report. Represents the planning authority�s view of what the final content of the plan should be.

Development plan examination

Scottish Ministers assessment of unresolved issues raised in representations on strategic or local development plans. This happens before plans can be approved and adopted.

Supplementary guidance

SG Detailed guidance, for example on design in connection with a strategic or local development plan. Sometimes this is statutory and forms part of the Development Plan

Specific topic/area consultation exercises.

Area development framework

ADF Sets out a vision for a specific part of the City, taking the opportunity to look collectively at individual developments, plans and aspirations for these areas.

Master plan Explains how a site will be developed, describing and illustrating the proposed urban form in three dimensions.




development proposal and outlining the intended community consultation.

Pre-application consultation report

PAC report

The report must be submitted to the Council with major or national planning applications. The report must outline what community consultation took place, any changes to proposals as a result and how community comments were addressed.

The community council will have an opportunity to view the report and make comments on its content to the planning officer.

What is Development? Set out in legislation. Has to be a building or other type of operation or significant change of use. Also has to have an impact on the exterior of the building.

Community councils can only comment when the works are development and need permission.

Permitted development

PD Set out in legislation. Works that can be done without needing to apply for planning permission even if they are development.

Community councils can only comment when permission is needed.

Full planning permission

FUL Full details of proposed development. Community councils can make comments on FUL proposals at PAC stage and once an application has been submitted.

Planning permission in principle

PPP To establish whether the principle of developing a piece of land is acceptable without preparing detailed plans. Does not give the right to go ahead with the proposal as conditions will be attached which require to be approved in an approval of matters specified in conditions application.

Community councils can make comments on PPP proposals at PAC stage and once an application has been submitted.

Approval of matters Specified in conditions

AMC Application for the submission of details required by conditions imposed on the granting of planning permission in principle.

Community councils can make comments on AMC proposals once an application has been submitted (no requirement for PAC).

Weekly list A list of applications received and decided that week provided to the community council and

All community council planning reps and secretaries receive a copy of the weekly list.




the wider public.

Consultee status Community councils can choose to be a statutory consultee on any planning application. We automatically make them consultees on national and major developments. Generally consultee status should be used for more significant proposals.

Community councils have 1 week from the date of the weekly list to advise that they want to be a consultee. They then have 21 days to comment.

Neighbour notification The Council has a legal requirement to inform people with an interest in neighbouring land (within 20 metres of an application site boundary) that an application has been submitted and how to make comments.

Representation Rep A comment made on a planning issue by a member of public, statutory consultee and other stakeholders. Comments can include objections, general comments and expressions of support.

The community council can make representations on planning applications or request to be consulted as a statutory consultee.

Material consideration Matters which are relevant to planning issues. These include effect on traffic and parking, appearance of the area, impact on a conservation area or setting of listed building, loss of landscape feature, noise, overshadowing, daylight, privacy etc.

When community councils make material comments, these must be considered by the Council.

Non-material planning considerations

Matters about individual�s personal concerns such as loss of view, house price or ownership.

Non-material comments cannot be taken into account when dealing with planning applications.

Development management sub

DM sub

Some planning decisions are taken by the Development Management Sub-Committee.




committee This happens particularly if the proposal is significant or potentially controversial. The Committee usually meets every two weeks, except during holiday periods, and is open to the public

Scheme of Delegation This is a scheme either approved by the Council or Scottish Ministers which allows planning officers to make decisions on applications.

Community councils can ask their ward councillors to request the application be decided by Committee but they must give good reasons.




C. Enforcement and appealsPlanning Enforcement plays an important role in monitoring development and investigating potential breaches of planning control.Term Short

nameDefinition

Enforcement register The Enforcement Register contains a summary of notices served under the Town and Country Planning Acts and related legislation.

Directorate for Planning and Environmental Appeals

DPEA A Directorate of the Scottish Government whose reporters assess planning appeals on behalf of Scottish Ministers.

Appeals Appeals are usually made following the refusal of planning permissions or non-determination of an application within the specified period. Appeals to Scottish Ministers are only available for those applications determined by Committee or delegated under the 1973 Scheme of Delegation - these may include major applications, listed building consent, advert consent and conservation area consent.

Local review body LRB The City of Edinburgh Planning Local Review Body is made up of 5 councillors from the Planning Committee and meets every 2 weeks to review decisions.

Local review LR If the applicant is unhappy about the non-determination or refusal of the application under the scheme of delegation for local developments, they can request a review by local review body.

Third party right of appeal

There is no third party right of appeal in Scotland. This means that only applicants can ask for an appeal or a review. If third parties are aggrieved with decisions, they would have to go through the Scottish courts.

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