Scotland local developments — human rights question still unresolved…

In Scotland, significant technical changes to planning legislation were brought into effect in August 2009 with the introduction of the current hierarchy of developments.

As a result of these changes, if a proposal is small scale (e.g. 49 houses or less) the chances of a planning application for that development being determined not by the elected members of the planning authority but by an officer of the planning authority on their behalf (‘the appointed person’) are greater. Such developments are termed ‘local’ under the planning hierarchy.

If a planning application relating to a local development fails to be determined by the appointed person under that authority’s local development scheme, there is no right of appeal available to the Scottish Ministers in respect of either the refusal or against the imposition of unfavourable conditions. There is merely a right to seek review by a Local Review Body (LRB) comprising a committee of elected members of that same planning authority…

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