Scheme of Delegation

Introduction

In keeping with the aims of the Scottish Ministers that the planning system should respond in a more proportionate and efficient way to proposals that come before it and to ensure that applications for planning permission are dealt with in a way that is appropriate to their scale and complexity, Aberdeen City Council (ACC) as planning authority for the city have adopted this Scheme of Delegation.

This Scheme of Delegation has been prepared in pursuance of the provisions of Section 43A of the Town and Country Planning (Scotland) Act 1997 (the 1997 Act), as introduced by Section 17 of the Planning etc. (Scotland) Act 2006, and in accordance with the requirements set down within The Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2008. The meaning of all words and phrases used within this Scheme, where not otherwise given, will be as provided for under the various Acts and Regulations referred to.

For the avoidance of doubt attention is drawn to the fact that, in accordance with the Planning etc. (Scotland) Act 2006, the Scottish Ministers will determine what applications fall into the category of "major development" or the category of "local development". There is no scope for local interpretation either by planning authorities, applicants or by other stakeholders.

"Local development" for the purposes of this Scheme of Delegation will include all development other than national development, as designated in a National Planning Framework document prepared and published by the Scottish Ministers under Part 1A of the 1997 Act; and major development, as identified in terms of The Town and Country Planning (Hierarchy of Developments)(Scotland) Regulations 2009.

Scheme of delegation

1. Appointed Officer

ACC as planning authority shall for the purposes of this Scheme of Delegation, appoint a member of its professional planning staff to act as the "appointed officer", whose duties, subject to the terms of paragraphs 2 and 3 hereof, shall be to determine: 

All applications for planning permission in respect of development within the category of local development

All applications for consent, agreement or approval required by a condition imposed on a grant of planning permission for a development within the category of local development

2. Prohibition

The appointed officer under this Scheme of Delegation is prohibited however from determining an application for planning permission for development within the category of local development, where:

that application has been made by or on behalf of ACC (the planning authority) or a member of that authority

that application has been made by or on behalf of a member of staff directly involved with the Planning Service provided by the planning authority, by or on behalf of the Chief Executive or by or on behalf of any other member of the Senior Management Team, of the planning authority

that application relates to land in the ownership of the planning authority or in respect of which the planning authority have a financial interest

that application relates to development, which will for whatever reason, if supported by the planning authority, require to be the subject of formal notification to the Scottish Ministers, or in respect of which it has been decided, an Environmental Impact Assessment should be undertaken

that application relates to proposed development which would require to be the subject of a notice in a newspaper circulating in the locality in which the neighbouring land is situated, in accordance with regulation 20(1)(c) and Schedule 3 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008

that application has been the subject of formal objection by the local Community Council, by local roads officers or by local environmental health officials

that application following advertisement and/or notification has been the subject of a level of timeous objection which the planning authority have pre-determined as significant and to warrant consideration of the proposal by the Planning Committee. For the purposes of this Scheme of Delegation the Planning Committee have indicated that six or more letters of objection would represent a significant level of opposition to any local development proposal.

 3. Particular Circumstances

The powers delegated to the appointed officer under paragraph 1 hereof are further qualified to the extent outlined in the provisions of Section 43 A (6) of the 1997 Act. Accordingly the planning authority may decide, for whatever reason, that the particular circumstances of an application which would in terms of this Scheme fall to be determined by the Appointed Officer are such that the application should be determined by ACC Planning Committee. Applications shall be identified for potential treatment in accordance with the provisions of Sections 43A(6) and (7) of the Town and Country Planning (Scotland) Act 1997, by the Head of Planning and Infrastructure who, in consultation with the Convener of the Planning Committee, shall bring such cases to the notice of elected members in the form of a report to that Committee.

Review

The Governments proposals for modernising the planning system involve changes to the appeals process. It continues, however, to be an important aspect of the modernised system that applicants who are unhappy with the terms of a planning decision have recourse to a process that enables an effective review of that decision to take place. It is also clear that people should have access to a review process which avoids unnecessary complexity or lengthy procedures that do not add value to the quality of a decision.

Accordingly, applicants for planning permission whose proposals are determined under this Scheme of Delegation will have the right to seek a review of the decision taken, by lodging a Notice of Review to that effect with the local planning authority.

A Notice of Review in accordance with the terms of regulation 9 of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2008, would require to be served on the Local Review Body within a period of three months from the date of the decision notice or (in a deemed refusal situation) from the date of expiry of the period allowed for determining the application.

• Scheme of Delegation

 

Contacts

• Development Management Team
  Enterprise, Planning and Infrastructure
  Aberdeen City Council
  Business Hub 4
  Marischal College
  Broad Street
  Aberdeen
  AB10 1AB
  Phone: 01224 523470
  Fax: 01224 523180
  Email: pi@aberdeencity.gov.uk