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Most Councils operate a Scheme of Delegation which allows officers, as opposed to elected members, to decide certain specific categories of planning application. These are specified within each Scheme which is normally contained in the Standing Orders of Councils. These are the rules under which Councils conduct their business.

Dundee City Council has operated a Scheme of Delegation for many years and on 9 February 2009 it decided to vary its Scheme to allow a broader range of applications to be decided by officers as opposed to the Development Quality Committee. The revised Scheme is set out below. For the first time officers will be permitted to determine applications which attract a small number of objections. Please read the full revised Scheme for complete details and note that the revised Scheme will operate in respect of applications submitted on or after 1st March 2009.

The document is entitled an Interim Scheme because in June 2009 all Councils must formally submit their final formal Schemes for the approval of Scottish Ministers. This requirement has been introduced by the Planning etc. Scotland Act 2006. Therefore it is possible that there will be further changes made to the Council's Scheme as a result of this process. Please regularly consult the Council's Development Management web pages for News Releases.

INTERIM REVISED SCHEME OF DELEGATION (DEVELOPMENT QUALITY) AS AGREED BY THE COUNCIL ON 9 February 2009

EFFECTIVE for applications submitted on or after 1 MARCH 2009

The Director of Planning and Transportation has delegated authority for the following activities:

1. The determination of all applications for planning permission, listed building consent, conservation area consent, consent to display advertisements, and applications for Certificates of Lawfulness of Existing or Proposed Use or Development, including the unconditional approval of applications, the approval of applications with conditions and the refusal of applications, EXCEPT the following categories of application:
   1. all applications in respect of which six or more valid written objections received within the timescales specified in statutory notifications or press notices; and the application is recommended for approval. In the case of applications where the recommendation is for refusal, in line with the Development Plan, and objections have been received, these applications will be dealt with under delegated powers (see Note 1 for definition);
   2. any application which a member, within two weeks of the publication of the appropriate weekly list, has requested in writing be submitted to the Development Quality Committee;
   3. all applications which attract a valid timeous objection from a statutory consultee and the application is recommended for approval (see Note 2 for definition);
   4. all applications which are to be recommended for approval in circumstances where they are significantly contrary to the development plan (see Note 3 for definition);
   5. all applications for large scale development, viz:
      • industrial developments over 10,000 square metres;
      • warehouse developments over 5,000 square metres;
      • retail and other commercial developments over 2,500 square metres;
      • housing developments over 20 units;
      • EIA applications (see Note 4 for definition).
   6. all applications for the removal or amendment of conditions originally imposed at the specific request of members;
   7. all applications for Hazardous Substance Consent;
   8. and any others which in the Director of Planning and Transportation's view (following consultation with the Convener) ought to be referred to the Committee;
   9. any application submitted by or on behalf of an Elected Member of the Council or an officer of the Council involved in the statutory planning process;
   10. applications made by the Council and applications relating to land in the ownership of the Council or in relation to land in which the Council has an interest;
   11. applications which had been determined subject to a planning agreement (planning obligation) and which now formally require to be determined as a consequence of the Council and the applicant and interested parties to the agreement not being able to conclude the agreement within a reasonable period of time. This provision will apply in cases where the original decision was taken by Committee.
2. Determining whether a proposal to vary the details of a planning permission is material and, if not, to determine the proposed variation, as provided by Section 64 of the 1997 Act, as amended.
3. Approving matters of detail which have been reserved when previously granting a conditional approval of a detailed planning application, eg details of landscaping.
4. To decline to determine repeat applications which fall within Section 39 of the Town and Country Planning (Scotland) Act 1997, as amended (following consultation with local members).
5. In consultation with the Depute Chief Executive (Support Services), entering into agreements under Section 75 of the Act following indication of approval of the related application for planning permission by the Development Quality Committee.
6. Granting of statutory permission to carry out work on trees or to remove trees included within a Tree Preservation Order or granting such permission in relation to trees within a conservation area or protected by planning conditions.
7. In consultation with the Depute Chief Executive (Support Services), the serving of a Building Preservation Notice under Sections 3 and 4 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, as amended, or a Tree Preservation Order under Part VII of the 1997 Act, as amended, with the proviso that the serving of any such Order shall be reported as soon as practicable thereafter to the Committee.
8. In consultation with the Depute Chief Executive (Support Services), initiation, progression and conclusion of enforcement action or interdict action under Parts VI and/or XIV of the Town and Country Planning (Scotland) Act 2006; or Chapter 4 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, as amended, or Part VII of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 and related legislation. For the avoidance of doubt this delegated authority relates to:
   • Planning Contravention Notices;
   • Enforcement Notices;
   • Breach of Condition Notices;
   • Amenity Notices;
   • Stop Notices;
   • Hazardous Substances Contravention Notices;
   • Tree Replacement Notices;
   • Prosecution of the above as necessary and the giving of evidence in Court.

   but EXCLUDES

   • the taking of Direct Action under the terms of Section 135 of the 1997 Act.
9. The determination of instances where in the light of the provisions of the development plan and other material considerations it is expedient not to take enforcement action.
10. The granting or otherwise of a Certificate of Lawfulness of Existing or Proposed Use or Development as provided under Sections 150 and 155 of the 1997 Act.
11. To authorise a person to enter upon any land at any reasonable time for the purposes mentioned in Sections 156, 158, 160-163, 167, 172-177, 269 and 270 of the 1997 Act.
12. To determine prior notification applications relating to demolition and the erection or significant alteration or extension of agricultural and forestry building as provided for under Part 6 and Part 7 of Schedule 1 to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, as amended.

Note 1

For the purposes of this Interim Revised Scheme of Delegation a valid representation (letter or statement) shall require to meet the following criteria:

1. be in the form of a signed and dated letter or statement or an e-mail indicating the name and postal address of the sender specifically indicating an objection to the application concerned.The letter/statement shall bear a legible name of the signatory and the signatory’s address;
2. be received by the Council no later than 21 calendar days from the date on which the application was declared as valid by the Council or no later than 21 calendar days of any subsequent Neighbour Notification, or in the case of applications which have the subject of statutory advertisement, no later than three calendar days following the expiry of the period specified in the advertisement;
3. where more than one letter/statement of representation per household is received this shall be defined as the Council having received one letter/statement;
4. where a letter or petition is received which is signed by more than one person, each signatory must provide a valid postal address, otherwise they will not be considered as a valid representation;
5. for the avoidance of doubt pre printed letters or cards which are not individually addressed and signed will not be entertained as valid and acknowledged as such. Photocopied standard template letters will be valid as long as they are signed and dated and bear the postal address of the sender;
6. to be valid a representation must contain matters which relate to the application involved and raise matters material in planning terms to the application concerned;
7. the content of invalid letters/statements will not be referred to in Director’s reports and similarly non-material matters referred to in valid letters of representation will not be referred to or taken into account in the determination of the application;
8. the Director of Planning and Transportation shall, in cases of doubt, determine whether an objection or other representation is valid or timeous.

Note 2

For the purposes of this Interim Revised Scheme of Delegation a statutory consultee shall be taken to be consultees referred to in Article 15 of the Town and Country Planning (General Development) Procedure (Scotland) Order 1992 as amended and will include a Community Council or officially recognised Neighbourhood Representative Structure.

Note 3

For the purposes of this Interim Revised Scheme of Delegation a proposed development is “significantly contrary to the development plan” if the departure concerned, in the judgement of the Director of Planning and Transportation, is directly related to the achievement of the core objectives of any element of the development plan and the approval of the application would seriously compromise the achievement of the development plan’s objectives and compromise its other policies and proposals. For the avoidance of doubt a proposal will not necessarily be significant if, for example, it fails to meet the terms on one or more policies or one or more of the criteria in any criteria based policy.

Note 4

An application which is determined by the Director of Planning and Transportation to be an application requiring the submission of an Environmental Impact Statement in terms of the Environmental Impact Assessment Regulations 1999, as amended.

 

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This information is provided by the Planning Division Department