What is a National Development
The Planning etc. (Scotland) Act 2006 introduced a hierarchy for planning in primary legislation. The Scottish planning system comprises of three categories including Local development, Major development and National development. National developments are designated under the National Planning Framework, currently National Planning Framework 4 (NPF4). NPF4 sets out Scotland’s spatial strategy for development and identifies eighteen national developments. The national developments identified in NPF4 relevant to Fife are:
7. The Central Scotland Green Network;
8. National Walking, Cycling and Wheeling Network; and
12. Digital Fibre Network.
Development in these categories that would otherwise have been of a scale or type that is classified as ‘Major’ by the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 are designated as National developments.
Determination Process
There are additional steps required to determine applications for planning permission or planning permission in principle for National development compared to Major development. In accordance with Section 38A of the Town and Country Planning (Scotland) Act 1997 (as amended), a pre-determination hearing is required for a National development. A pre-determination hearing gives the applicant and persons who submit representations to the planning authority in respect of that application the opportunity to appear before and be heard by a committee of the authority. Once a pre-determination hearing has been undertaken, the application is then referred to the relevant area Planning Committee. A final decision is then made by Fife Planning Committee which is convened when required to determine applications. This process means that applications for National developments are considered at three separate meetings and anticipated timescales for determining a National development should reflect this process. All National development applications for Planning Permission in Principle or Planning Permission must follow this three-step process:
- Pre-determination hearing with an issues report at a meeting of West and Central or North East Planning Committee
- Consideration at the next meeting of West and Central Planning Committee or North East Planning Committee (normally four weeks later) with a report detailing the assessment of the application and recommendation
- Fife Planning Committee with a full report including the recommendation of the area Planning Committee
Applications for approval of Matters Specified in Conditions relating to a National application for planning permission in principle will be determined under delegated powers where there is no objection from a statutory consultee and there are less than six representations which are contrary to the officers recommendation. Applications for approval of Matters Specified in Conditions that do not meet these criteria will be determined by the relevant area Planning Committee without the need for a pre-determination hearing or for a final decision to be made by the Fife Planning Committee.
