Planning decisions are required by law to take in the context of the “plan-led” system. The Planning Act places a strong legal presumption on development that is in accordance with the development plan (comprising the adopted local plan and approved structure plan for the given area). 

Conversely there will be a strong legal presumption against development which is not in accordance with the development plan.  That does not mean that the local authority are bound to slavishly follow the development plan as there may be circumstances in which material considerations are of such a priority that the development plan may be over-ridden. However, such situations are uncommon. 

Structure plans provide guidance on strategic matters and set out the framework for the local plan. They contain important planning policies and proposals which guide the development of land and protection of the environment at a strategic level. There are publicity requirements for the preparation or alteration of a structure plan and a procedure whereby objectors can lodge objections with the Scottish Ministers. The Scottish Ministers may but are not required to hold an examination in public. Scottish Ministers may approve, modify or reject the plan which is then published. 

Local plans must conform generally to the structure plan and set out the detailed land use policies for the area.  They comprise both a written statement and a proposals map which is based on the OS map.  There are publicity procedures for the preparation or alteration of a local plan including the right to object to the finalised (draft) local plan and a right to be heard at a local plan inquiry.  The inquiry into objections made to the local plan is undertaken by a reporter from the DPEA who is appointed by the local authority.  The local authority are not bound by the terms of his recommendations following the local plan inquiry.  In order to have legal validity the local plan requires to be formally adopted by the local authority. 

Due to their importance in decision making local authorities are under a duty to regularly review and update their development plans.    

For more information please contact Alastair Mckie.