Legislative Basis – Consultations – on applications in Scotland

The following legislation sets out who should be consulted by Scottish Planning Authorities (external to the authority in question) for what applications. It goes through all the major consultees including SEPA , Scottish Ministers , Roads Authority , Historic Environment Scotland , Crofting Commission , Sports Scotland, Coal Authority, Community Councils, Scottish Natural Heritage , Health and Safety Executive and others

Who gets consulted? – contained within;-

The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 (Schedules only)

See Schedule 5 (roads exert paragraph 10)

Subject to regulation 25, the planning authority must before determining an application for planning permission for development consult a person, authority or body mentioned in a paragraph below in the circumstances specified in that paragraph.

For example paragraph 10) Transport Scotland

10.  The roads authority concerned, where the development involves—

(a)the formation, laying out or alteration of any means of access to, or is likely to create or attract traffic which will result in a material increase in the volume of traffic entering or leaving, a road (other than a trunk road) for which the planning authority are not also the roads authority; or

(b)the formation, laying out or alteration of any means of access to land affording access to a toll road.

Here the roads authority is the governmental agency with jurisdiction over public streets and authority.

In this case local councils are responsible for the maintenance of most roads and pavements in your area.