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Development Management, the second component of the planning system in Scotland, is the system of granting or refusing planning permission for any project to be undertaken within Scotland. Local councils in Scotland each have authority to grant or refuse planning permission based on information received by the council from the applicant.
More recently, and following a white paper on Modernising the Planning System, [2] the Scottish Parliament passed the Planning etc (Scotland) Act 2006, which sought to amend certain parts of the 1997 Act; including development plan preparation, development control, now known as development management in Scotland, [3] and enforcement.
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They are often exempt from planning permission for small works through the General Permitted Development Order 2015. They may undertake certain works on public highways under the street works sections of New Roads and Street Works Act 1991 (Sections 48 to 106 in England and Wales, and the next set of sections in Scotland).
In Scotland, to the Scottish Government; Directorate for Planning & Environmental Appeals or a Local Review Body of the local planning authority. In Wales, to the Senedd. In England and Wales the appeal is heard by a planning inspector, while in Scotland this role is filled by a reporter. [9]
Development Management is the name given to the element of Scotland's system of town and country planning, through which national government, local government and national park authorities (the 'Planning Authority') regulate land-use and development. [1]
In modern times, development, including that by government departments and local authorities requires planning permission, and is subject to the same process of scrutiny as any private developer. An increasing range of developments are permitted development – a form of planning permission granted nationally or locally by order in advance.
These categories are referred to as permitted development. [1] In the case of any proposal there is therefore a two-stage test: "is the proposal development at all?" and, if the proposal is development, "is it permitted development?" Only if a development is not permitted development would an application for planning permission be required.