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EIR/202500473929 · FOI/EIR · unclear

Chief Planner letter queries regarding National Planning Framework 4: EIR release

Published
2025-08-12
Received
2025-06-30
Responded
2025-07-25
Directorate
Planning, Architecture and Regeneration Directorate
Topic
Building, planning and design, Public sector
Exemptions
20, 25

Information requested

A number of questions relating to the Chief Planner letter dated 11 June 2025.

Response

This response relates to points 1 and 2 raised in your email.

As the information requested within point 3 is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. You will have received a separate response as part of this request addressing those questions

Regarding point 1, you are correct that the notification direction applies where a planning authority proposes to grant planning permission for development. Whilst the operation of the notification direction is long-established, I appreciate this point in the letter could be clearer. We will give consideration to whether any update would be appropriate at the next available opportunity. In the meantime a link to Circular 3/2009 is included in the Chief Planner letter.

Regarding point 2 you also express concern regarding flood risk and the decision-making process, including the risk to end users of a development and potential costs arising to the public purse. As set out in the Chief Planner letter, whether or not an application is to be determined by the relevant planning authority, or by Scottish Ministers, it remains the case that policies in NPF4 should be read and applied as a whole. The planning system requires decision makers to weigh up all relevant policies, for example, quality homes, brownfield development and town centre living, as well as relevant material considerations in applying balanced planning judgement (section 25 of the Town and Country Planning (Scotland) Act, 1997, as amended).

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

Detected exemption language

The planning system requires decision makers to weigh up all relevant policies, for example, quality homes, brownfield development and town centre living, as well as relevant material considerations in applying balanced planning judgement (section 25 of the Town and Country Planning (Scotland) Act, 1997, as amended).

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