Planning & Development Control
Planning and development control deals with where buildings can be constructed, the designation of land for particular purposes such as industrial, residential or countryside, and the aesthetics of buildings, such as the style of doors and windows. For the processes of ensuring a building is structurally sound and functional see the Knowledge Base entry on Building Standards. Planning and development control is primarily a local authority function but has an appeal process to central government and is subject to central government policies and planning frameworks. Planning records are therefore found in local authority archives but related central government records may also be found in the National Records of Scotland.
Town planning began formally with the Town Planning (Scotland) Act 1909 which enabled local authorities to prepare town planning schemes, partly to ensure proper sanitary conditions and to develop amenity and convenience.[1] The 1909 Act did not cover the planning schemes for the countryside and the town planning schemes required the approval of the Local Government Board for Scotland. In 1919, town planning became compulsory for burghs with a population over 20,000 and central government permission was no longer required to make a town planning scheme.[2] In 1925 further legislation added land use and housing lay-out to the town planning schemes.[3]
In 1932 planning was extended to both urban and rural developments, enabling town councils of large burghs, county councils and joint county councils to prepare and adopt town planning schemes with the approval of the Department of Health for Scotland. This also introduced preservation orders for buildings of historic or architectural merit and the schemes could include provision for preserving single trees or groups of trees.[4] During the Second World War, partly to deal with war damaged areas, all land was brought under planning control and local authorities were empowered to buy and develop land for planning purposes, recognising that land would be needed to re-locate people and industry.[5]
The Town & Country Planning (Scotland) Act 1947 overhauled the planning system. It introduced planning control which was the requirement for all developers to obtain planning permission from the local authority for any and all developments; and it required large burghs, counties and counties of cities to prepare development plans which would provide a framework for all new development.[6] Development plans had to be renewed every five years and were subject to the approval of the Department of Health for Scotland. Tree Preservation Orders were introduced along with strengthened Building Preservation Orders, the Secretary of State was required to compile a list of buildings of special architectural or historic interest, and there were various protections for agricultural land and provisions for mineral workings. [7] A new concept was the introduction of a development charge payable to a new UK Central Land Board for what became known as planning gain.[8] The development charge was amended in 1954 and 1959 when changes were made to compensation arrangements for planning.[9]
In 1969 the development plan was divided into two plans: structure plans containing policy and strategic decisions on land-use for the whole local planning area (large burgh, county or city) and local plans for smaller areas providing detailed land allocations within the policy set out by the structure plan.[10] There was also provision for local inquiries and for more public consultation.
With local government reorganisation in 1975, responsibilities for planning were split. General planning responsibilities were given to Highland, Borders and Dumfries and Galloway Regional Councils, regional planning responsibilities were given to regional and islands councils and district planning responsibilities were given to district and islands councils.[11] Regional planning functions included survey and structure plans while local plans were mainly a district responsibility, along with planning permission, designation of conservation areas and closing footpaths and bridleways. This remained the position until the regional and district councils were replaced by unitary councils in 1996.
In 1997 the planning system was reviewed, and previous legislation was consolidated, making the unitary local authority the planning authority for its area but also introducing the option of additional planning authorities in enterprise zones and urban development areas.[12] More recent changes included replacement of the term development control with the term development management in 2006.[13] Alongside this a National Planning Framework was introduced and Scottish Ministers were empowered to designate a group of planning authorities to develop a strategic plan, replacing the previous structure plan which was limited to one local authority area. Local development plans replaced previous local plans in 2006 and in 2019, amongst other changes, local communities were enabled to create local place plans.[14]
Compiler: Elspeth Reid (2021)
Related Knowledge Base entries
Preservation of Ancient Monuments and Listed Buildings
Planning and development control records
Bibliography
Ferguson, Keith, An introduction to local government in Scotland (The Planning Exchange, 1984)
Gordon, William, ‘Housing and Town Planning’ in Source book and history of administrative law in Scotland ed. by M. R. McLarty (Hodge, 1956), pp. 148-60
Moody, David, Scottish Towns. Sources for Local Historians (Batsford, 1992)
Whyte, W. E., Local Government in Scotland (Hodge & Co, 1936)
References
[1] Housing, Town Planning etc Act, 1909 (9 Edw. VII c.44).
[2] Housing, Town Planning &c Act 1919 (9 & 10 Geo. V c.35).
[3] Town Planning (Scotland) Act 1925 (15 & 16 Geo. V c.17).
[4] Town & Country Planning (Scotland) Act, 1932 (22 & 23 Geo. V c.49).
[5] Town & Country Planning (Interim Development) (Scotland) Act 1943 (6 & 7 Geo. VI c.43); Town & Country Planning (Scotland) Act 1945 (8 & 9 Geo. VI c.33).
[6] Town & Country Planning (Scotland) Act 1947 (10 & 11 Geo. VI c.53).
[7] Town & Country Planning (Scotland) Act 1947 (10 & 11 Geo. VI c.53) s.26, s.27, s.10 (2)(e), Sch.3, s.78.
[8] Town & Country Planning (Scotland) Act 1947 (10 & 11 Geo. VI c.53) s.66.
[9] Town & Country Planning (Scotland) Act 1954 (c.73); Town & Country Planning (Scotland) Act 1959 (c.70).
[10] Town and Country Planning (Scotland) Act 1969 (c.30).
[11] Local Government (Scotland) Act 1973 (c.65) ss.172-173.
[12] Town & Country Planning (Scotland) Act 1997 (c.8).
[13] Planning etc (Scotland) Act 2006 (2006 asp 17).
[14] Planning (Scotland) Act 2019 (2019 asp 13).