Chamber and committees

Interpretation and application of Historic Environment Scotland’s non-statutory guidance is a matter for Historic Environment Scotland. Decisions on whether sufficient evidence has been provided in support of an application, including evidence relating to marketing and economic viability, are considered on a case-by-case basis by the decision maker having regard to the circumstances of the application.

The Scottish Government keeps permitted development rights under review. In recent years, we have amended permitted development rights through a phased approach reflecting Scottish Government objectives and priorities.

In line with our commitment for the first 100 days of Government, we are engaging with stakeholders which will inform the scope of this Government’s planning reform programme.

Equally Safe, Scotland’s strategy for preventing and eradicating violence against women and girls (VAWG), recognises that technology can be used to directly track, monitor, and facilitate violence against women and girls. While Equally Safe does not refer specifically to Automatic Number Plate Recognition, it acknowledges the wider risks associated with the misuse of technology and recognises that action to address VAWG must take account of these evolving risks.

The Scottish Government considers that Legislation currently in place provides appropriate powers to help protect the historic environment while also ensuring public safety. Responsibility for the maintenance and repair of buildings rests with owners, and planning authorities have a range of powers available to help secure the preservation of listed buildings. Proposals to demolish listed buildings are subject to statutory controls and are considered on a case-by-case basis.

NPF4 forms part of the development plan and should be taken into account in planning decision making. It is for the decision-maker, normally local authorities, to interpret and apply policy 7 and other relevant policies, making decisions in accordance with the development plan unless material considerations indicate otherwise. Applications are considered on individual merits.

It is for the decision maker (usually the relevant planning authority) to consider whether changes to a proposed development constitute a material or substantial change, having regard to the circumstances of the particular case. Whether Environmental Impact Assessment information on a particular matter is required is also for the decision-maker, in accordance with the relevant statutory framework.

It would not be appropriate for Scottish Ministers to comment on matters that fall within the planning authority's role and responsibilities.

Ministers consider the need for call-in on a case-by-case basis, taking account of the specific individual circumstances. They use their powers under section 46(1) of the Town and Country Planning (Scotland) Act 1997 sparingly, recognising the important role of local planning authorities in decision making. As set out in the Ministerial statement on call-in, Ministers will generally consider intervention only where there may be some important issue at stake which should be determined at the national level.

The Scottish Government does not consider there to be a conflict between the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and the Building (Scotland) Act 2003. The two Acts serve different purposes and operate alongside one another, with the former providing protections for the historic environment and the latter providing powers for local authorities to address risks to public safety.

We have no plans to integrate the standards developed under the Traditional Shopfront Improvement Grant Scheme (TSIG) into national guidance supporting National Planning Framework 4 (NPF4).

NPF4 supports the vibrancy and vitality of our towns and town centres and encourages ‘Distinctive Places’ which includes supporting local architectural styles.

Expectations on shopfront design, colour and materials are best addressed at the local level, to reflect and reinforce local styles and the character of individual places. Planning authorities have the ability to take this forward through local guidance.

The planning system allows for a statutory right of appeal to be made by the person or organisation who made the application. There is no third party right of appeal to challenge the merits of a planning decision or action. There is recourse to raise a challenge against a planning decision on a point of law through the courts.

Amendments proposing third party rights of appeal were considered, and rejected, by the Scottish Parliament during its consideration of the Planning (Scotland) Bill, passed by the Parliament in 2019. The Scottish Government has no plans to review rights of appeal at the current time.