Emily Bates, a planner at NJL Consulting, has recently relocated north of the border to the historic city of Edinburgh to take on a hybrid role at NJL’s affiliate company, Calton Planning and Development. In this blog, Emily provides an initial overview of the key distinctions she has noticed between the English and Scottish planning systems.
The Same but with a Twist
Having built up a bank of planning terms and acronyms from the start of university in 2018, my first lesson north of the border was to understand which of these remain the same and which do not. To add to the bilingual planning confusion, while the Scottish planning system largely mirrors the process of the English system, it often uses different definitions for what is essentially the same thing – a summary of these is provided in the table below.
| English Planning System | Scottish Planning System |
| Outline Planning Application | Planning Permission in Principle Application |
| Reserved Matters Application | Approved Matters Specified in Condition Application |
| Non-material Amendment Application | Non-material Variation Application |
| Section 106 Agreement | Section 75 Agreement |
| Statement of Community Involvement | Pre-application Consultation Report |
| Planning Practice Guidance (PPG) | Planning Advice Notes (PANs) |
| Parish Council | Community Council |
| Statement of Community Involvement | Pre-application Report for Consultation |
By way of example, in England, Outline Planning Permission establishes planning permission in principle. It therefore doesn’t take a leap to understand why the equivalent of an Outline Planning Application is termed a Planning Permission in Principle Application (PPiP or PPP) in Scotland. The PPiP is followed by an Application for Approval of Matters Specified in Condition (AMSIC), which is broadly similar to the Reserved Matters Application in England.
However, there is a notable difference in timing. In Scotland, you have a single deadline of five years from the PPiP approval date to commence development. However, in England, you must submit Reserved Matters within three years of the outline permission and start work within two years following Reserved Matters consent.
In respect of the historic environment, both countries assume a tiered approach to highlight levels of architectural and historic significance, however, as above, the grading frameworks and terminology differ. In England, listed buildings are classified into three grades – Grade I, Grade II*, and Grade II. While in Scotland, the equivalent system uses Categories A, B, and C.
Permitted Development Rights
One of the most notable differences I found in my first few months working in Scotland was the difference in the Use Class Order, and the associated permitted development rights. Having previously advised clients on Class MA, allowing the conversion of Use Class E into residential in England, it was striking to learn that Scotland does not offer a comparable permitted development right for converting offices to residential use.
The absence of a comparable permitted development right, alongside the rent cap and the direction of travel in Local Development Plans, which increasingly requires mainstream residential and affordable housing within student accommodation, appears to only constrain the build-to-rent and purpose built student accommodation sectors in Scotland. This is hardly an ideal outcome given that the Scottish government has declared a housing emergency.
Notwithstanding the above, it could be argued that the absence of the permitted development right, alongside the direction of travel within planning policy, ensures quality homes are delivered in the right places to support local living, while also safeguarding the historic character of cities like Edinburgh.
On balance, if Scotland were to adopt a similar permitted development right, it would unlock brownfield sites for housing delivery, with the Government able to set conditions on when such developments are permissible. Similarly, if councils have concerns about housing quality or the character of particular areas, they could introduce an Article 4 direction to prohibit permitted development rights.
National Planning Policy
Another significant difference, well worth highlighting, exists at the national level. In England, I grew accustomed to the National Planning Policy Framework (NPPF) being considered a material consideration, whereas in Scotland, the National Planning Framework 4 (NPF4) forms part of the Development Plan.
NPF4 serves as Scotland’s national spatial strategy, outlining spatial principles, regional priorities, national developments, and planning policy. This distinction from the NPPF is especially noteworthy in light of recent parliamentary discussions regarding strategic planning powers and the devolution of placement decisions to elected mayors in England.
Biodiversity Net Gain
Finally, it would be remiss not to touch on Biodiversity Net Gain. In England, agents, developers, and councils are all wrestling with the mandatory 10% requirement and the challenges this presents—such as the absence of established habitat banks within authority areas. In Scotland, by contrast, there is no statutory 10% requirement. The National Planning Framework 4 (NPF4) includes a policy requirement for biodiversity enhancement. Still, many Local Development Plans are moving towards the 10% benchmark, and developers frequently deliver it voluntarily, even though it’s not currently a legal obligation in Scotland.
It would certainly be interesting in a few years once evidence has matured to examine the implications of the mandatory requirement on developments coming forward, particularly those by SMEs, and perhaps draw a comparison with the situation in Scotland.
Summary
Overall, the planning processes in England and Scotland share a similar structure, yet there are noteworthy nuances that affect development sectors and the pace at which sites come forward. The differences at the national level deserve attention, especially in light of recent parliamentary discussions in England surrounding strategic planning powers. This brief overview has shed light on how these differences can influence governance and guide more effective planning outcomes across both countries.
If you have any planning queries on the Scottish Planning System or south of the border in England, please feel free to contact a member of the team.