Scheme of Delegation
The scheme of delegation sets out the circumstances under which planning applications can be determined by Planning Officers, and under which circumstances a decision on an application has to be taken by a Council Committee.
Planning applications can be determined in three ways:
by the Appointed Person (the Head of Planning Economic Development and Regeneration or any other officer authorised on his/her behalf) issuing a decision notice;
by the council's Development Management Committee making a decision to grant or refuse planning permission; and
by the council's Planning Committee making a decision to grant or refuse planning permission.
LOCAL DEVELOPMENTS (Part A Scheme)
Status
Prepared in accordance with Section 43A of the Town and Country Planning (Scotland) Act 1997 (as amended) and the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 and approved by the Scottish Ministers on 27 April 2021.
Appointed Person
The Appointed Person is the Head of Planning, Economic Development & Regeneration or any other officer authorised on their behalf.
Delegated Powers
In respect of local developments, as defined by Section 26A of the Town and Country Planning (Scotland) Act 1997 (as amended) and the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, subject to the exceptions listed below, the Appointed Person is authorised to determine:
applications for planning permission,
applications for consent, agreement or approval required by a condition imposed on a grant of planning permission.
Exceptions
The Appointed Person shall not determine an application in respect of a local development:
where the application is made by an elected member of West Lothian Council; or
where an elected member of the ward the application site is in, or the Chair of Development Management Committee, has requested that it be referred to the Development Management Committee; or
where the intention is to grant and more than fifteen material objections (i.e. objections submitted in time and based on competent planning grounds the competency having been assessed by the Appointed Person) have been received within the timescale for making representations; or
where the intention is to grant and a material objection or objections (i.e. objections based on competent planning grounds the competency having been assessed by the Appointed Person) has been received from a community council in West Lothian. Any objections must be submitted within the timescale for making representations, or any reasonable extension to this timescale requested within the timescale for making representations, the reasonableness to be assessed by the Appointed Person.
Other provisions:
Applications which are exempt from the Part A Scheme shall be determined by the Development Management Committee.
The Appointed Person can refer any application to Development Management Committee.
The Appointed Person is authorised to decline to determine applications in terms of the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended).
NON-LOCAL DEVELOPMENTS & OTHER CONSENTS (Part B Scheme)
Status
Prepared in accordance with Section 56 of the Local Government (Scotland) Act 1973 (as amended).
Delegated Person (The Appointed Person)
The Head of Planning, Economic Development & Regeneration or any other officer authorised on his/her behalf.
Delegated Powers
Subject to the exceptions listed below and Part A Scheme applications, the Appointed Person is authorised to determine all statutory planning and other regulatory applications.
Subject to the exceptions listed below, the Appointed Person is authorised to carry out the statutory planning enforcement functions of the council in terms of:
The Town and Country Planning (Scotland) Act 1997 (as amended),
The Planning (Listed Building and Conservation Areas) (Scotland) Act 1997 (as amended),
The Town and Country Planning (Control of Advertisement) (Scotland) Regulations 1984 (as amended),
The Planning (Hazardous Substances) (Scotland) Act 1997 (as amended)
Exceptions
The Appointed Person shall not determine an application:
where the applications made by a member of West Lothian Council, or
where an elected member of the ward the application site is in, or the Chair of Development Management Committee, has requested that it be referred to the Development Management Committee; or
where the intention is to grant and more than fifteen material objections (i.e. objections submitted in time and based on competent planning grounds the competency having been assessed by the Appointed Person) have been received within the timescale for making representations; or
where the intention is to grant and a material objection or objections (i.e. objections based on competent planning grounds the competency having been assessed by the Appointed Person) has been received from a community council within whose area the application site lies. Any objections must be submitted within the timescale for making representations, or any reasonable extension to this timescale requested and granted within the timescale for making representations, the reasonableness to be assessed by the Appointed Person; or
- which is for planning permission for a major development and is considered to be significantly contrary to the development plan by the Appointed Person.
Other provisions:
Applications which are exempt from this scheme by virtue of Exceptions 1 to 4 above shall be determined by Development Management Committee.
Applications which are exempt from this scheme by virtue of Exception 5 above shall be determined by Full Council.
The Head of Planning, Economic Development & Regeneration or any other officer authorised on his/her behalf is authorised to decline to determine applications in terms of the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended).
