The planning process in Scotland is essential in shaping how land is used and developed and is central to the development of new homes in Scotland. This overview highlights key legislation and the main stages in the Scottish planning process along with helpful resources for more detailed information.
Understanding the Scottish planning system
The Town and Country Planning (Scotland) Act 1997 is the key legislation for planning in Scotland. It establishes local authorities and Scotland’s two park authorities as planning authorities, provides a statutory basis for development plans and sets out the framework for determining planning applications and appeals.
In practice, Scotland operates a plan-led system. Section 25 of the Act requires planning authorities and Scottish Ministers to have regard to development plans when making decisions. At national level, the National Planning Framework 4 (NPF4) sets out Scotland’s spatial strategy, including national developments and national planning policy. NPF4’s aim is to achieve a net zero, sustainable Scotland by 2045. This framework is then considered at local level alongside Local Development Plans (LDPs) which are prepared by planning authorities for their area. The three overarching aims for LDPs are to be delivery-focused, place-based and people-centred.
Submitting a planning application
Planning permission is required for the carrying out of any development of land, which includes the carrying out of building or engineering works, as well as the material change of use of land or buildings.
If planning permission is required, there are three main types of application: full / detailed planning permission (which must include all details of the proposed development), planning permission in principle (PPiP) (which provides consent to the principle of a development only) and matters specified in conditions (which are used when further detail is submitted under a PPiP).
Although these applications broadly follow a similar process, additional requirements apply to “national” (Scottish Government’s priority projects designated as such in the NPF4) and “major” developments (extending to 50 or more houses or more than two hectares in relation to housing developments). For national and major developments, there must be at least 12 weeks of pre-application consultation before submitting an application, including at least two public events. The application must then be submitted within 18 months of the pre-application notice. Applications for local developments do not require pre-application consultation, but it is open for the applicant to do so as it can often iron out issues before the application is submitted.
Once submitted, the relevant planning authority will assess the application against a range of factors. These include the development plan, other material considerations (such as government policies, environmental impacts), consultation responses (from the public and any other relevant authorities) and site suitability.
An application for planning permission for national or major development (or development which is subject to environmental impact assessment) should be determined within four months after the validation date and any other application should be determined within two months after the validation date, however there is a continuing obligation on planning authorities to determine planning applications submitted to them beyond the statutory period. In reality, few applications are decided within the prescribed time limits. The Scottish Government published its latest decision times in its annual planning statistics for 2024/25 at the end of last year, which we discussed in our previous blog.
The applicant may appeal any decision to the Scottish Ministers (major or national developments) or submit a review to the Local Review Body (local developments) within three months of the refusal.
Seeking changes to planning permission
If planning permission is granted but the applicant is not satisfied (or can no longer comply) with the conditions attached to the permission, they may apply under section 42 of the Act to vary the conditions. If approved, the application results in a standalone new planning permission for the same development with its own conditions. It can be used, for example, where there is a time limit condition by seeking to vary the condition that requires the permission to be implemented within a specified period.
Enforcement of planning permission
Built development becomes immune from enforcement action by local authorities in Scotland after four years from the date of completion as does an unauthorised change of use to a single dwelling-house. The time limit for enforcement action for a breach of condition or any other unauthorised changes of use is 10 years.
Helpful resources for planning assistance
The Scottish Government produces annual guidance on planning as well as Planning Advice Notes (PANs) which provide advice on good practice and other relevant issues. Local planning authorities also provide a wealth of guidance on their websites on how to submit a planning application and what information is required.
How can we help?
If you require support navigating planning processes in Scotland, please get in touch with the Brodies planning team at planning@brodies.co.uk or contact George Sismey-Durrant or Elaine Farquharson-Black.
Contributors
Senior Associate
Trainee Solicitor
