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 Service) 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.

The Appointed Person can decide on the following planning applications:

  1. the granting of all local applications with no material objections;
  2. the granting of all local applications with only 'out of time' objections;
  3. the granting of all local applications which are potentially contrary to the development plan with fifteen objections or fewer;
  4. the granting of all local applications that are in accordance with the development plan, irrespective of the number of objections;
  5. the granting of all local applications that are in accordance with an approved council policy or supplementary planning guidance, irrespective of the number of objections;
  6. the determination of all local applications subject to an objection from a statutory consultee in accordance with the terms of Circular 3/2009;
  7. the refusal of all local applications that are contrary to the development plan;
  8. the refusal of all local applications, irrespective of the number of representations of support;
  9. the refusal of all local applications that are contrary to an approved council policy or to supplementary planning guidance, irrespective of the number of representations of support; and
  10. all applications for consent, agreement or approval required by a condition imposed on a grant of consent for a local development. 

The following applications cannot be determined by the Appointed Person and can only be determined by the Development Management Committee: 

  1. all local applications made by a member of West Lothian Council;
  2. all local applications that have attracted more than 15 objections that the development management manager is otherwise minded to grant ;
  3. all local applications that have attracted an objection from a community council which the development management manager is otherwise minded to grant;
  4. any local application at the discretion of the development management manager but in consultation with the chair of the development management committee and all local ward members;
  5. any local application so requested by the chair of the development management committee or a local ward member when the application is for land within that local member's ward, or if a development could have an impact in planning terms on an adjacent or adjoining ward, any member of that adjacent or adjoining ward.

Some Major planning applications and other types of application or notices can be determined by the Appointed Person. These are: 

  1. the granting of all major applications which are in accordance with the development plan and which have otherwise attracted five or less objections;
  2. the refusal of all major applications that are contrary to the development plan and despite any representations of support;
  3. the refusal of all major applications that do not accord with the development plan, other than those applications that constitute significant departures to the development plan;
  4. the approval of all applications for listed building consent and conservation area consent, unless there is an objection from a community council or a formally constituted local amenity body;
  5. the refusal of applications for listed building consent or conservation area consent, irrespective of any representation of support from a community council or formally constituted local amenity body;
  6. the determination of applications for express hazardous substances consent;
  7. the determination of applications for express advertisement consent;
  8. the determination of applications for certificates of lawfulness of proposed development;
  9. the issuing of an enforcement notice;
  10. the issuing of a breach of conditions notice;
  11. the issuing of a planning contravention notice;
  12. the issuing of an amenity notice;
  13. the issuing of a notice as to the interests in land;
  14. the powers to remove placards etc from land;
  15. the issue of a fixed penalty notice;
  16. the issue of a notice requiring the submission of a planning application
  17. the issue of a notice requiring the display of information;
  18. the issuing of a stop notice or temporary stop notice, after consultation with the chair of the development management committee and all local ward members;
  19. the designation of a provisional tree preservation order;
  20. the confirmation of a tree preservation order;
  21. the authorisation of works to trees in conservation areas or otherwise covered by tree preservation orders;
  22. all applications for consent, discharge or agreement of a condition imposed on a major application;
  23. screening opinions and scoping opinions required under the Environmental Impact Assessment (Scotland) Regulations 1999; and
  24. The granting of any approval or prior approval required under the terms of the Town and Country Planning (General Permitted Development)(Scotland) Order 1992

The following planning applications are determined by the Development Management Committee:-

  1. any matter in 1 to 24 above so requested by the chair of the Development Management Committee or any local member of the ward in which the case is located, or if a development could have an impact in planning terms on an adjacent or adjoining ward, a member of that adjacent or adjoining ward.

The following planning applications are determined by the Planning Committee

  1. Any Major applications which are significantly contrary to the Development Plan.