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Planning etc. (Scotland) Act 2006

Section 12 – Public availability of information as to how planning applications have been dealt with

86.Section 36(1) of the 1997 Act requires planning authorities to keep a register containing information on applications for planning permission, their approval of applications, the manner in which the applications have been dealt with and information on planning zone schemes within that authority’s area. The Scottish Ministers have the power to set out in regulations or a development order the content and manner of the register.

87.The changes made by section 12 are intended to ensure that planning authorities provide a full record of the relevant factors considered in determining each application, including all documents relating to the application and considered in the decision making process, the reasons for the decision, and the material considerations to which regard was had when making the decision. They are also required to make available an explanation of the manner in which the application has been dealt with and provide a copy of the notice informing the applicant of the authority’s decision. Section 12 also requires planning registers to include information on planning applications made directly to the Scottish Ministers under the “urgent development” procedures introduced on the removal of Crown immunity from planning control.

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