ANNEX E DECLINING TO DETERMINE PLANNING APPLICATIONS
Repeat Applications
1. Section 39(1) contains discretionary powers for planning authorities to decline to determine repeat planning applications. As well as powers where the Scottish Ministers have, within the previous 2 years, refused permission on a similar application 9 on call-in or appeal against either refusal or on grounds of non-determination (section 39(1)(a)), there are now powers where no such decision has been made by Ministers. This is to prevent applicants submitting repeated applications for the same development, where either no appeal has been made or has been made but not determined against a previous refusal.
2. The additional criterion in the scenarios set out in section 39(1) is that in the opinion of the planning authority there has not been a significant change in the development plan or in any other material consideration since the Scottish Ministers decision on any called-in application or appeal or since any appeal was made.
Applications without the necessary pre-application consultation ( PAC)
3. Section 39(1A) requires that planning authorities must decline to determine a planning application to which the PAC requirements apply and where the applicant has not complied with those requirements.
4. The planning authority may, before declining to determine an application in these circumstances, ask the applicant to provide such additional information as they may specify. There is therefore some discretion for the planning authority to request additional information to demonstrate that the requirements had been complied with or that some previously missing aspect of required PAC had subsequently been undertaken.
5. When declining to determine an application in these circumstances, the planning authority must advise the applicant of the reasons for their opinion that the applicant has not complied with the PAC requirements. The requirement to decline to determine due to an absence of required PAC does not apply where the applicant has:
- a statement of the planning authority's opinion under section 35A(3) to the effect that the proposal is not in a class of development which requires PAC: and
- submitted the related application within 12 months after submitting the notice seeking the planning authority's opinion, and the proposal does not differ materially from the information provided in said notice.