To ask the Scottish Executive for what classes of development a pre-application consultation must be undertaken as specified in the Planning etc. (Scotland) Act 2006 and what provisions are made for each such class.
All applications for planning permission for national and major developments require pre-application consultation (PAC). National developments are those specified in the annex to the second National Planning Framework (NPF2) and major developments are categorised in the Town and County Planning (Hierarchy of Developments) (Scotland) Regulations 2009, links provided below.
NPF2: http://www.scotland.gov.uk/Publications/2009/07/02105627/0.
The Hierarchy Regulations: http://www.legislation.gov.uk/ssi/2009/51/contents/made.
The Hierarchy Regulations specify that development for the extraction of minerals where the area of the site is or exceeds two hectares is a major development. This threshold relates to the area where extraction is proposed. Where an extension is proposed to an existing operation, the threshold only applies to the proposed extension.
The statutory requirements for PAC are the same for all national and major developments. Prospective applicants are required to:
consult every community council whose area, or part of, is within or adjoins the land where the proposed development is situated;
hold at least one public event for members of the public where they can make comments to the prospective applicant proposals. The event must be advertised at least 7 days in advance in a newspaper circulating in the locality of the proposed development. That advert should also specify a timescale and address to which written comments on the proposal can be sent to the prospective applicant, and
serve a proposal of application notice on the planning authority.
In addition to these mandatory steps, the planning authority can require the prospective applicant to carry out additional pre-application consultation.
A report on the pre-application consultation must accompany applications for national and major developments. If an applicant has not complied with the statutory requirements for PAC, or any additional requirements specified by the planning authority, the planning authority can not process the planning application.
Further information on PAC can be found in Circular 4/2009 on Development management Procedures at http://www.scotland.gov.uk/Publications/2009/07/03153034/0.