Decision process
How long will it take to make a decision on a planning
application?
The statutory periods for determining planning applications
are:
- four months for 'national', 'major' or 'Environmental Impact
Assessment (EIA)' developments;
- two months for all other categories.
If we cannot decide your application within
the relevant statutory, we should obtain your written
consent to extend the period.
What if we haven't made a decision within the statutory
period?
If we have not done so, you can appeal to Scottish Ministers for
decisions made by the Development Control Committee or by the full
Council. For applications decided by the Development Quality
Manager under delegated powers a review of the decision by the
Council's Local Review Body can be requested. Please note that for
applications which were valid prior to 3 August 2009, but were
determined on or after that date, special transitional arrangements apply.
What types of decision are there?
1. Officer decisions
Most decisions on applications relating to 'householder',
other 'local' developments, and related consents are
delegated to the Development Quality Manager through the Council's
'Scheme of Delegation'.
2. Committee decisions
Applications which are not delegated to the Development
Quality Manager, including all 'major' applications, those made by
the Council and where there are at least six objections, go to
the
Development Control Committee for a decision. The Committee
meets every four weeks. The exception to this is that the full
Council is required to determine applications for planning
permission in respect of national developments and any major
developments which are significantly contrary to the development
plan.
What are the procedures at Committee?
All meetings are open to the press and public. Normally, the
Development Quality Manager presents the recommendation. At the
discretion of the Convenor a representative of any objectors and
the applicant or their representative are allowed to speak.
Then the Councillors debate and decide on the application. Where
the Committee agrees to depart from established policy or wish to
refuse permission contrary to officers' recommendation, the
Councillors' reasons for doing so are recorded in the Committee
minutes.
When does the Commitee meet?
Reports on planning applications are generally submitted to the
Development Control Commitee.
What happens if want make a late amendment to
my planning application?
The Development Control Committee will not consider late
amendments submitted after the Committee agenda has been
published. Any significant amendment to a planning
proposal will normally require the planning application to be
withdrawn and formally resubmitted.
When will applications be
deferred?
The Development Control Committee will normally only defer the
determination of an application where there is an administrative or
legal reason for so doing. If an application is unsatisfactory by
way of principle, detail or lack of information then the most
appropriate course of action would be to refuse it.
How can I withdraw my planning
application?
If you or your agent wants to withdraw your application, before
it is determined by either the Development Quality Manager or
the Development Control Committee, you must make the request in
writing.
What happens after the decision?
If your application is refused, that is not necessarily the end
of the matter as you can
appeal to the Scottish Ministers or the Local Review Body
depending on whether or not the decision was delegated.
Can objectors appeal against the decision?
Objectors to an application which is permitted, however, have no
right of appeal. If permission is granted, development can
begin.
When can I make a
re-application?
If after either refusal or approval, with or without conditions,
a re-application may be made. If you submit the same or similar
application within 12 months of the date of the earlier decision,
you would not normally have to pay a fee. However, if an
application has been dismissed on appeal you cannot reapply for the
same proposal within two years of the date of that decision.
