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NWS Home > Planning > Development Control

NWS & The Planning System

Development Control

The development management function of planning authorities relates to:

  • the consideration of applications for planning permission (including associated applications such as Listed Building Consent);

  • the provision of pre application advice to applicants and agents;

  • provision of advice to the public;

  • monitoring and enforcing planning permissions, and dealing with appeals against planning decisions.


Whilst it is a regulatory service it is one which aims to promote positive outcomes on the ground. Scottish Planning Policy 1: The Planning System (SPP1) provides detailed guidance on the function and operation of the development management system.   SPP1 recognises that development management is a key means by which the objectives of the planning system are delivered.  The central objective is to ensure that a policy framework is established to inform decision making in the public interest and it is specifically stated that planning can play an important role in delivering sustainable development which embraces the goals of economic prosperity, social justice, environmental justice and quality.

The Town and Country Planning (Scotland) Act 1997 required decisions on individual planning applications to be made in accordance with the development plan unless ‘material considerations’ indicate otherwise. This is updated within the new Planning Act .SPP1 (Paragraph 51) identifies Area Waste Plans as an example of a relevant material consideration. Until development plans have been updated to reflect the Area Waste Plans, they, along with the National Waste Plan and National Waste Strategy, will remain material considerations which should be taken into account when considering planning applications for waste management facilities.When commenting on planning applications as a statutory consultee, SEPA will take account of Area Waste Plans, the National Waste Plan and the National Waste Strategy: Scotland 1999 to ensure their central objectives of facilitating a move to sustainable waste management are addressed.SEPA has published internal guidance to ensure that  we comment consistently on planning applications for new developments in terms of promoting these objectives. This includes a checklist of main points which developers should address when submitting applications for significant waste management applications ,  so that SEPA can comment quickly and effectively to the Planning Authority, as well as guidance for commenting on all planning applications to ensure that the development supports sustainable waste management. It is available on the following link www.sepa.org.uk/nws/planning. (SEPA is also working on standard comments for responding to planning applications to ensure consistency.)

Within Scottish Planning Policy 10 - Planning for Waste Management (SPP10) the purpose of consultation with SEPA on waste management development proposals is set out as being to indicate whether a development is likely to be capable of being consented in the context of the National Waste Strategy, National Waste Plan and Area Waste Plans. Also to offer advice on matters relevant to planning and those reserved for permitting or licensing.

Another material planning consideration when deciding  or commenting on planning applications for  developments involving thermal treatment or incineration  of waste, are  SEPA's Thermal Treatment Guidelines which are available on this link.  http://www.sepa.org.uk/pdf/nws/guidance/thermal_treatment.pdf  These guidelines are recognised as a material planning consideration within SPP10 and aim to ensure that plants handling municipal waste should

  • Take only residual waste after segregation
  • Be part of an integrated network of recycling and composting and other waste management facilities
  • Have energy recovery systems

SEPA is currently working on supplementary criteria to these guidelines.

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