Written Question · S4W-23792 · Session 4
Whether local authorities have a statutory duty to publish all papers relating to a planning application, in full and on a website that is …
The question
To ask the Scottish Government whether local authorities have a statutory duty to publish all papers relating to a planning application, in full and on a website that is publicly accessible.
The answer
There is a statutory duty on planning authorities under section 36A of the Town and Country Planning (Scotland) Act 1997 to maintain a list of applications made to them and to publish this on the internet (Regulation 22 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013).
In respect of each application the details published must include:
The reference number of the application;
The site location;
The name of the applicant and, where an agent is acting for the applicant, the name and address of that agent;
A description of the proposed development; and
The expiry date of the period for representations to be received.
The list of applications must also contain a statement as to how further information may be obtained from the planning authority.
Planning authorities are also required to maintain a register of applications for planning permission (section 36(1) of the Act). The register is to be available for public inspection at an office of the planning authority. The planning authority may make the register available on their website. The information that must be recorded in the register is set out in Schedule 2 of the Development Management Procedure Regulations. The information published in the register is more detailed than the list and includes such items as copies of plans and drawings, decision notices and a report of handling. The report of handling includes, amongst other things; information on representations made by the public and the main issues raised, details of consultation with statutory consultees, any Environmental Impact Assessment or other reports undertaken and details of development plan policies and other material consideration considering in determining the application. The register is in two parts – information on the application on part 1 and then information on the decision (e.g. decision notice, report of handling) on part 2.
Scottish Government guidance on handling planning applications and the publication of the list and register is set out in Planning Circular 3/2013: Development Management Procedures. The Scottish Government has also published guidance, in collaboration with the Information Commissioner’s Office and planning authorities, on publishing planning applications online. When making documents available, the Scottish Government encourages authorities to recognise that publishing information online provides the public with an opportunity to participate in the planning process in a way that is most convenient to them and to promote transparent decision making. The guidance provides ‘good practice’ suggestions and was intended to offer clarification on some of the uncertainties with regard to the publishing information online and complying with data protection principles.
In respect of each application the details published must include:
The reference number of the application;
The site location;
The name of the applicant and, where an agent is acting for the applicant, the name and address of that agent;
A description of the proposed development; and
The expiry date of the period for representations to be received.
The list of applications must also contain a statement as to how further information may be obtained from the planning authority.
Planning authorities are also required to maintain a register of applications for planning permission (section 36(1) of the Act). The register is to be available for public inspection at an office of the planning authority. The planning authority may make the register available on their website. The information that must be recorded in the register is set out in Schedule 2 of the Development Management Procedure Regulations. The information published in the register is more detailed than the list and includes such items as copies of plans and drawings, decision notices and a report of handling. The report of handling includes, amongst other things; information on representations made by the public and the main issues raised, details of consultation with statutory consultees, any Environmental Impact Assessment or other reports undertaken and details of development plan policies and other material consideration considering in determining the application. The register is in two parts – information on the application on part 1 and then information on the decision (e.g. decision notice, report of handling) on part 2.
Scottish Government guidance on handling planning applications and the publication of the list and register is set out in Planning Circular 3/2013: Development Management Procedures. The Scottish Government has also published guidance, in collaboration with the Information Commissioner’s Office and planning authorities, on publishing planning applications online. When making documents available, the Scottish Government encourages authorities to recognise that publishing information online provides the public with an opportunity to participate in the planning process in a way that is most convenient to them and to promote transparent decision making. The guidance provides ‘good practice’ suggestions and was intended to offer clarification on some of the uncertainties with regard to the publishing information online and complying with data protection principles.
In the Official Report
No contribution in the Official Report cites S4W-23792 by reference.