Planning
DISCLAIMER
The duties listed below are currently under review and have not yet been formally signed off by the relevant professional association. The information provided is for reference only and should not be treated as final or authoritative guidance. Please verify any decisions against approved sources or seek professional advice. Updates will be published once sign-off is complete.
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Determine planning applications
Councils are responsible for handling planning applications including accepting or refusing applications, notifying the public, and making decisions in line with planning policies and other material planning considerations. -
Determine applications to vary or remove planning conditions
Sometimes, after planning permission has been granted, a developer realises that one of the attached conditions no longer works in practice. -
Modify or discharge planning obligations
Sometimes, after planning permission has been granted, a developer may find that a legal agreement linked to the permission — often to secure things like affordable housing, open space, or road improvements — no longer reflects what is needed on the ground. -
Assess prior notifications and prior approvals
Certain types of development - such as farm tracks, agricultural buildings, telecoms equipment, or small extensions - may not need full planning permission, but the developer must still notify the council. -
Determine advertisement consent applications
Some signs and adverts need formal permission from the council before they can be displayed - for example, illuminated signs, large posters, or signs placed high on buildings. -
Determine Purchase Notices
Some signs and adverts need formal permission from the council before they can be displayed—for example, illuminated signs, large posters, or signs placed high on buildings. -
Act as a Statutory Consultee for Electricity Act applications
Large energy projects - such as major wind farms, electricity generation schemes, or long‑distance overhead power lines - are not decided by the council. Instead, Scottish Ministers make the final decision and, as part of the national consenting process, must consult the council. -
Determine Caravan Applications
Caravan sites and holiday parks often need planning permission for new pitches, expansions, or changes to how long caravans can stay on site. -
Determine Certificates of Lawfulness (existing or proposed use/development)
A Certificate of Lawfulness allows someone to ask the council to formally confirm that a building, use, or activity is lawful in planning terms. -
Determine applications for Conservation Area Consent for demolition within a Conservation Area
Demolishing a building within a Conservation Area normally requires special consent. -
Determine Certificates of Appropriate Alternative Development (CAADs)
When land is being compulsorily purchased, the owner is entitled to compensation based on what the land would have been worth on the open market if the compulsory purchase wasn’t happening. -
Determine Roads Construction Consent (RCC) applications
Roads Construction Consent (RCC) is legally required when a developer wants to build new roads or extend existing ones within a development. -
Require, assess and manage road bonds
Before the council can approve Roads Construction Consent (RCC) for new residential developments, the developer must provide a financial road bond. -
Assess and discharge planning conditions attached to approved planning permissions
After planning permission is granted, developers often need to submit additional information to the council before they can start work or progress to later stages of construction. -
Determine Planning Appeals through the Local Review Body
When a planning application is decided by officers under delegated powers, the applicant may disagree with the decision. -
Make Tree Preservation Orders
If a tree or group of trees is especially important for wildlife, local history, amenity, or the character of an area, the council can place a Tree Preservation Order (TPO) on them. -
Determine applications for tree works
When trees are protected by a Tree Preservation Order (TPO) or are located within a conservation area, owners must apply to the council before carrying out works such as pruning, lopping, or removing them. -
Determine High Hedge applications
If someone believes a neighbour’s hedge is too high and is blocking light, they can apply to the council for a High Hedge Notice. -
Publish Proposal of Application Notices
For major developments, applicants must notify the council and the public about their intention to apply for planning permission before they submit their application. -
Prepare and maintain a Local Development Plan
Local authorities are required to prepare a Local Development Plan (LDP) for their area at least once every 10 years. -
Assess potential environmental impacts resulting from planning decisions
When writing big-picture planning documents, like the Local Development Plan that guides where housing, jobs and services should go, they must carry out a Sustainability Appraisal (which includes a Strategic Environmental Assessment). -
Investigate and remedy, if necessary, contaminated land prior to development
Councils must make sure that land is suitable for its intended use before granting permission for development. -
Publish a Planning Enforcement Charter
Councils must explain how they enforce planning rules, especially when developments happen without permission. -
Issue Enforcement Notices and Take Enforcement Action
Councils are responsible for making sure that development takes place legally and in line with national and local planning policies. -
Designate Conservation Areas
Councils are required to identify parts of its area that have special architectural or historic interest and where it is desirable to preserve or enhance their character. -
Formulate and publish proposals for the preservation and enhancement of conservation areas
Councils must formulate and publish proposals for the preservation and enhancement of any designated conservation areas within their district. -
Serve Building Preservation Notices (BPN)
Councils can issue a Building Preservation Notice if a building is at risk of being altered or demolished and is thought to have special historic or architectural value. -
Determine Listed Building Consent applications
Councils must assess applications to alter, extend, or demolish a listed building based on the building’s historical or architectural significance and decide whether to grant or refuse permission. -
Provide and maintain lighting in common property
Owners of common property - such as shared stairs, passages, or private courts - have a statutory duty to provide and maintain adequate lighting in those areas. -
Prepare a Forestry and Woodland Strategy (FWS)
Councils are required to prepare a Forestry and Woodland Strategy which sets out how trees and woodlands should be looked after and developed across the council area. -
Enforce Planning Controls
Councils can take action when building or development work is carried out without planning permission or does not comply with approved plans. -
Include low carbon policies in Local Development Plans
Councils must ensure their Local Development Plans (LDPs) include policies that support the reduction of greenhouse gas emissions, including through the use of low carbon technologies. -
Control hazardous substances through planning
Councils must control hazardous substances through the planning system and ensure that dangerous chemicals or materials are only stored or used in large amounts if it’s safe to do so. -
Uphold and facilitate public access rights
Councils must assert, protect, and maintain open and accessible all paths, routes, waterways, or other means through which access rights can reasonably be exercised. -
Appoint a Chief Planning Officer
Councils, as planning authorities, must appoint a Chief Planning Officer as a senior expert to help guide decisions about land use, development, and planning. -
Provide information to support the preparation of the National Planning Framework
Councils must help the Scottish Government prepare the National Planning Framework when asked. This means they may be required to share detailed information about their area - like the environment, how land is used, population size, housing needs, schools and health services, and future changes they expect. -
Prepare and publish an open space strategy
Councils must prepare and publish an open space strategy. This is a plan that looks at all the parks, green spaces, play areas, and other outdoor places in the local area. -
Prepare and adopt a Regional Spatial Strategy
Councils, either on their own or working together, must prepare a Regional Spatial Strategy. This is a long-term plan that looks at how land across a wider region should be used and developed. -
Invite and register Local Place Plans
Councils must invite local communities to prepare Local Place Plans - these are community-led plans that set out ideas for how land and spaces in their area should be used or improved. -
Promote and facilitate the participation of children and young people in the preparation of the Local Development Plan
Councils must make sure that children and young people have a chance to take part in shaping the Local Development Plan - the document that guides how land is used and developed in their area. -
Prepare an Evidence Report before preparing a Local Development Plan
Before starting work on a new Local Development Plan, councils must prepare an Evidence Report. -
Prepare and publish a Play Sufficiency Assessment
Councils must carry out and publish a Play Sufficiency Assessment to look at how many play spaces there are, how good they are, and how easy they are for children to access. -
Prepare and publish a list of persons seeking land for self-build housing
Councils must keep and publish a list of people who are looking for land to build their own homes - known as self-build housing. -
Prepare and publish a Delivery Programme for the Local Development Plan
Councils must prepare a Delivery Programme to go alongside their Local Development Plan. -
Designate Short-Term Let Control Areas
Councils must manage the impact of short-term lets on their communities, including designation of Short-Term Let Control Areas. -
Notify elected representatives of major planning applications
When a council receives a major planning application - such as for large housing developments or commercial projects - it has a legal duty to inform the elected representatives for the area. -
Publish an annual report on planning obligations
Councils in Scotland have a legal duty to publish a yearly report that shows how planning obligations - also known as developer contributions - are being used. -
Publish a scheme of delegation
Every council must publish a scheme of delegation, which explains which planning decisions can be made by council officers instead of elected councillors. -
Prepare and publish an annual report on the performance of planning functions (through the National Planning Improvement Framework)
Every year, councils must write and publish a report on their performance. -
Periodically consider making or amending a Masterplan Consent Area scheme
Every five years, councils must look at whether it would be helpful to create or update a Masterplan Consent Area - a special zone where planning permission is already agreed in advance for certain types of development. -
Consider biodiversity in planning decisions
Councils must consider nature and wildlife when making decisions about new developments. -
Ensure sustainable drainage systems (SuDS) in new developments
Councils ensure that new developments include sustainable drainage systems (SuDS). -
Design streets and undertake urban planning
Councils play a key role in deciding how streets, public spaces, and buildings are arranged in new developments. -
Maintain registers for planning applications and notices
Councils must keep an up-to-date public record of all planning applications they receive, decisions they make, and any enforcement actions taken. -
Include low-carbon design policies in Local Development Plans
Councils, as planning authorities, must include policies in their local development plans that require new developments to be designed so that all new buildings reduce greenhouse gas emissions. -
Review heat network zoning
Councils must regularly review their area to identify places that are particularly suitable for building and operating heat networks. -
Name streets and number properties
Councils must make sure every street and property in their area has an official name and number. -
Maintain property records and provide responses to statutory property searches
Councils must keep official, up-to-date records of all planning and building standards activity relating to properties in its area, and must provide accurate information from those records whenever a statutory property search is requested. -
Provide and manage burial grounds
Councils must ensure there is at least one suitable burial ground within their area if no other provision exists. -
Provide information relating to the historic environment
Councils are required to identify and maintain spatial datasets they hold which fall under the remit of the wider EU INSPIRE Directive with the aim of improving environmental policy-making and public access to that data. -
Maintain and protect historic assets
Councils must look after the designated monuments within their ownership, including preservation of the building’s character, prevention of its deterioration, and taking into consideration appropriate management and mitigation measures when required. -
Facilitate the reporting of archaeological finds to the Crown
Archaeological finds recovered in Scotland are a category of ownerless property and can be claimed by the Crown on behalf of the public so that Scotland’s heritage can be preserved in public collections for everyone’s benefit. -
Maintain Historic Environment Records (HER) and archaeology advisory function
The council keeps a Historic Environment Record (HER), which contains information about known archaeological sites, historic buildings, finds, and landscapes in the area. -
Publish prior information notices in local print media
Councils must tell the public in advance about certain proposals or decisions that could affect them, and give people a fair chance to comment or object. -
Carry out reviews of polling districts, places and stations every five years
Councils must review polling districts, polling places, and polling stations at least once every five years. -
Acquire land and develop educational premises
Councils may acquire land - whether within or outside their area - by purchase, lease, excambion (exchange), or donation. -
Assess flood risk and prepare flood risk management plans
Councils must assess how likely flooding is in their area and prepare a Local Flood Risk Management Strategy. -
Carry out Strategic Environmental Assessment (SEA)
Councils must check how their plans and programmes - like those for waste, housing, farming, or forestry - might affect the environment.