Scheme of Delegated Powers For Determining Planning Applications
Revised with effect from May 2001 Introduction
Delegation of powers for determining planning applications means that the Head of Planning and Strategy or the Director of City Development has been authorised by Planning Committee to make decisions on planning and other applications in accordance with clearly stated and published guidelines. The applications which are determined in this way are usually straightforward small scale applications which have attracted no material objections, and may include refusals of applications. This brings efficiency and effectiveness to decision making on non-controversial applications.
Planning applications which require to be considered by the Development Quality Sub-Committee include those involving complex proposals, which are potentially controversial or which conflict with the policies of the Council.
The Scheme of Delegation includes the following categories:
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PROVIDED |
this means... |
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the decision is in accordance with the statutory development plan (Structure Plan and Local Plan); |
the development plan currently consists of the Lothian Structure Plan and the relevant Local Plan - the Structure Plan and some of the Local Plans are available on the Council website. |
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the decision is in accordance with non-statutory Council adopted policy, or infringements of policy are so minor that refusal or amendment would be unjustified;
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non-statutory Council policies do not form part of the legal policy framework for planning but either assist decision making or clarify procedural issues particular to Edinburgh. A list of the Council's non-statutory policies as contained in the Development Quality Handbook is available on the Council website. |
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they do not involve the removal or amendment of conditions originally imposed by Committee; |
applicants can apply to amend conditions, only those applied by Committee itself and not recommended by the Head of Planning and Strategy must be referred back to Committee for consideration |
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AND WHERE IN THE CASE OF APPLICATIONS TO BE APPROVED: ... and they have received no material objections from third parties.
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Third parties are those individuals, groups or organisations other than the applicant/agent and the planning authority, with an interest in the proposals. Information on the making of comments including material objections on planning and related applications is contained in 'How to make comments of objection or support for a Planning or related application' (click here) which is available on the Council website |
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OR WHERE IN THE CASE OF APPLICATIONS TO BE REFUSED: .....and they have received no material representations in support of the proposals from third parties.
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Third parties are those individuals, groups or organisations other than the applicant/agent and the planning authority, with an interest in the proposals. Information on the making of comments including comments (material representations) supporting the application is contained in 'How to make comments of objection or support for a Planning or related application' (click here) which is available on the Council website |
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The delegated authority EXCLUDES all applications: |
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Requested for referral to the Committee by an Elected Member under the terms of the agreed scheme; |
where Councillors believe a presentation would be beneficial in accordance with specific grounds (see Guidance Note 2) |
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Submitted by, or on behalf of, the Council for its own development (except for the approval of routine minor developments to which no objection has been received); |
applications made on behalf of the Council obviously require to be considered in as transparent and open a way as possible. As such, with the exception of minor proposals such as minor building alterations, all proposals need to be determined by the Committee |
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Submitted by, or on behalf of, an Elected Member of the authority, or by their partner/close friend/relative; Submitted by, or on behalf of, an officer involved in the statutory planning process, or by their partner/close friend/relative; |
cases would follow the guidelines agreed by the Planning Committee in March 1997 to ensure propriety and accountability cases would follow the guidelines agreed by the Planning Committee in March 1997 to ensure propriety and accountability |
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Applications for Hazardous Substance Consent; Where the Head of Planning and Strategy considers that despite conforming with the above considerations for approval or refusal, an application is controversial, or is of significant public interest, or where it has a significant impact on the environment. |
certain substances require specific consent for their storage, manufacture, or use where we believe an application raises issues that should be brought to the attention of the Councillors for a decision. |
Arrangements exist with the neighbouring planning authorities in Lothian (East Lothian Council, Midlothian Council and West Lothian Council) to consult the City of Edinburgh Council on certain planning issues raised by applications received by those councils.
Under the Scheme of Delegation, the Planning Committee has also authorised the Head of Planning and Strategy to determine the final reply to such consultations, as follows:
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PROVIDED |
This means... |
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the application does not raise a significant planning matter, leading to advice to refuse; OR |
where a neighbouring authority consults us for our opinion and we believe that there is planning justification to refuse the proposal |
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the Head of Planning does not consider the application to be potentially controversial, or likely to be of significant public interest. |
where we believe an application raises no issues that should be brought to the attention of the Elected Members for a decision. |
Certificates of Lawfulness for Existing or Proposed Use or Development are determined under
Sections 150 and 151 of the Town and Country Planning (Scotland) Act 1997. The procedure
provides a mechanism for obtaining from the planning authority a statutory document certifying the
lawfulness for planning purposes of existing or proposed operational development or use.
Certificate procedures involve no consideration of the planning merits of the matter in question and
the determining issues are solely matters of evidential fact and law.
A Scheme of Delegation for Certificates of Lawfulness has been prepared taking into account
transparency and consistency of decision-making and conformity with the above schemes of
delegation.
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PROVIDED |
This means.. |
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there is no material objection to the application, and |
the objection must challenge the evidence submitted, not the planning merits of the case |
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there is no amendment to any existing decision of the Council, |
any decision already made by Planning or other Committee cannot be altered under the system of delegated powers unless additional evidence is submitted |
The following exclusions as mentioned above will also apply to Certificates of Lawfulness :
Cases would follow the Guidelines agreed by the Planning Committee in March 1997 to ensure propriety and accountability.