All planning applications are allocated into one of the 3 categories within the hierarchy of development. These are termed National, Major or Local Developments.
National Developments are those that are identified in the Scottish Government’s National Planning Framework (NPF), which can be viewed at the Scottish Government's NPF website, available from the 'Related Sites' section of this page. This should inform you of what is the current, approved version of the NPF and show you how it relates to Orkney.
Major Developments are any that fall within one of the 9 following categories:
Local Developments are all proposals which do not meet the criteria for a National or Major Development. These will in fact constitute the majority of planning applications submitted in Orkney.
See full details of the hierarchy of development at the Office of Public Sector Information website, available from 'Related Sites' section of this page.
Although the Council have always encouraged pre-application discussions and continue to do so for all types of applications, there is a statutory requirement for a Pre-Application Consultation (PAC) to be carried out for all applications for National and Major Developments.
If an applicant is unsure whether their development requires a PAC there is an opportunity to formally request a Pre-Application Screening Opinion by submitting a Pre-Application Screening Notice.
If the proposal requires a PAC, the applicant will be required to submit to the Council a Proposal of Application Notice (PAN) no less than 12 weeks prior to submitting the planning application. The pre-application screening notice and PAN are available to download in pdf format from the 'Related Downloads' section of this page.
A PAN must include details of the public consultation to be undertaken by the applicant, which must be agreed by the Council. All Community Councils which cover or adjoin the proposed site must be consulted and have a PAN served on them. Consultation will require a minimum of 1 public event within the community affected by the development. This must be advertised at least 7 days in advance in a local newspaper. The advertisement must include:
Following the PAC process, a report confirming and detailing that the PAC has taken place in line with the statutory requirements has to be submitted with the planning application by the applicant. The report must:
Useful information on community consultation is available from the Scottish Government’s Planning Advice Note 81, “Community Engagement – Planning With People” which can be accessed through the 'Related Sites' section of this page.
Applications for National Developments, or for Major Developments that are a significant departure from the development plan, have to be subject to pre-determination hearings before they are determined by the Full Council. Pre-determination hearings will normally be undertaken by the Planning Committee.
All applications for Major Developments that are not a significant departure from the development plan are determined by the Council’s Planning Committee, as are any applications for Local Developments which, under the Council’s Scheme of Delegation, require to be reported to the Committee. Most applications for Local Developments are determined by planning officers under powers delegated by the Council through its Scheme of Delegation.
If an applicant is aggrieved by the terms of a determination made by officers under delegated powers, a review by the Local Review Body can be requested. If an applicant is aggrieved by the terms of a determination made by the Planning Committee or Council an appeal can be lodged with the Scottish Government’s Directorate for Planning and Environmental Appeals.