Scottish Government

THE PLANNING BULLETIN - Issue Fifteen June 1997

PROGRAMME OF AUDITs ANNOUNCED

Mr. Malcolm Chisholm MP, Minister for Planning at The Scottish Office announced on 21 May the list of Scottish planning authorities whose development control performance will be scrutinised over the next two years by a new Scottish Office Planning Audit Unit. The Planning Audit Unit is one of a number of initiatives to improve performance and quality in the planning service.

The new Unit has been set up within Planning Services Division of The Scottish Office to help Scotland's 32 planning authorities improve the speed and quality of their decisions on the 40-50,000 planning applications which they receive each year.

Mr. Chisholm said:

"The new Scottish Office Planning Audit Unit has an important role to play in working with planning authorities to help them improve the efficiency and effectiveness of their development control service. This will be of major benefit to those applying for planning permission - householders, house builders and developers - and all others who come into contact with the service."

The eleven councils which have been included in the Audit Unit's programme over the next 2 years have been selected to give a good mix of large, small; urban and rural authorities. They are : Aberdeenshire; Argyll and Bute; Dundee; East Ayrshire; East Lothian; Edinburgh; Fife; Glasgow; Highland; Inverclyde and Renfrewshire.

The announcement follows the establishment of a robust methodology for the audit. Two pilot studies were undertaken in the first quarter of 1997 in West Lothian and Moray; the results of the studies were presented to the staff in both Councils and reports submitted in May 1997. A meeting to discuss the pilot audits, in particular the methodology, was held with the Councils and The Scottish Society of Directors of Planning. COSLA have also been kept informed of progress. The pilot audits have not only assisted in establishing a methodology, they have also provided a valuable insight into the operation of the development control process.

NATIONAL ISSUES

Consolidation and New Inquiry Rules

The consolidated Scottish Planning Acts, which do not introduce any new statutory requirements, came into effect on 27 May 1997. They provide users of the planning system with a comprehensive, up to date, statement of the primary legislative framework in an easily accessible format.

The Town and Country Planning (Scotland) Act 1997, ISBN 0105408972, Price £21.

The Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, ISBN 0105409979, Price £8.40.

The Planning (Hazardous Substances) (Scotland) Act 1997, ISBN 0105410977, Price £6.30.

The Planning (Consequential Provisions) (Scotland) Act 1997, ISBN 0105411973, Price £6.30.

New procedure rules for planning inquiries also came into force on 27 May 1997. The changes are designed to improve the overall efficiency and effectiveness of the inquiry process, without prejudicing the ability of those with an interest to participate.

The Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997. Price £3.20

The Town and Country Planning Appeals (Determination by Appointed Person) (Inquiries Procedure) (Scotland) Rules 1997. Price £2.80

Details of the accompanying Circular 13/97 are given later in this Bulletin.

Copies of the consolidated Acts and new Inquiry Rules are available from the Stationery Office, 71 Lothian Road, Edinburgh, EH3 9AZ:

Review of Neighbour Notification

A consultation paper on proposals to improve neighbour notification procedures was issued on 27 May 1997. The consultation is a follow up to the research report "Review of Neighbour Notification" by the School of Planning and Housing, ECA/Heriot-Watt University and Peter P. C. Allan (Chartered Town Planning Consultants) Ltd which was published in May 1995.

The main proposals discussed in the paper are:

• three options in relation to the responsibility for carrying out neighbour notification;
• giving planning authorities a statutory discretion to notify additional persons;
• all planning applications should be advertised in a local newspaper;
• simplification of the definitions of "neighbouring land" and notifiable interest;
• neighbour notification notices should be served by recorded delivery;
• applicants should certify that they have identified all notifiable interests (if planning authorities are to be made responsible for serving notices);
• the need for neighbours to be given more information and how this might best be provided through neighbour notification procedures;
• extending neighbour notification to appeals against Enforcement Notices;
• a Planning Advice Note (PAN) should be published to build on and disseminate good practice in dealing with neighbour notification.

The closing date for comments is 11 August 1997. Copies of the consultation paper are available by telephoning 0131 244 7066 or 7825.

Recent Consultations

Consultation has recently concluded and responses to the following are now being considered:

Proposals to relax planning controls over terrestrial (telephone) antennas and satellite (business) antennas by the extension of permitted development rights.

Two consultation exercises covering draft regulations on minerals planning have recently closed. The first is intended to bring compensation entitlement following the making of orders revoking, modifying, discontinuing, prohibiting or suspending mineral working into line with those for the periodic review of old mineral permissions. The second aims to clarifiy how the provisions of the Planning Acts apply to the working of minerals. The regulations will be subject to affirmative Parliamentary procedure.

PAN 51 : Planning and Environmental Protection

A major task of this PAN, published in March 1997, has been to acknowledge the complex nature of the environmental protection issues and seek to ensure that arrangements are in place which minimise the risks to public health and to the environment. It is the responsibility of planning authorities and the environmental protection bodies to collaborate in the task of protecting the environment and to apply controls so that duplication is minimised and overlap is avoided whenever possible.

Copies of the advice note are available from Anne Williams, SODD Planning Services, 2-H Victoria Quay, Edinburgh EH6 6QQ. Tel. 0131 244 7538

PAN 52: Planning in Small Towns

Publication of the advice in April 1997 reflected a commitment in the White Paper "Rural Scotland People, Prosperity and Partnership".

The PAN highlights the importance of small towns in the history, culture and economy of Scotland. It sets out to meet a number of objectives:

• promote awareness of the valuable legacy of small towns
• identify factors which threaten that legacy
• raise aspirations about the need for quality in new development
• encourage co-ordinated working to secure quality
• provide best practice in planning for small towns

The advice note illustrates how the character of many small towns has not always been respected by recent development and indicates how the planning system can assist in delivering quality in new development. The advice recognises the different characteristics of small towns; it does not seek to offer off-the-shelf or prescriptive solutions. General approaches and principles, which need to be adapted in the light of local circumstances, are set out. The guidance specifically covers provision for regeneration and expansion, town centres, traffic and transport, townscape quality and sets out how a Townscape Audit can be carried out.

Copies of the advice note are available from Anne Williams, SODD Planning Services, 2-H Victoria Quay, Edinburgh EH6 6QQ. Tel. 0131 244 7538.

Local Biodiversity Action Plans In Scotland: Development Of Good Practice Guidance

Local Biodiversity Action Plans (LBAPs) are a key element of Local Agenda 21 work and are the means by which the national biodiversity strategy can be translated into effective action at the local level. Partnerships are being established to ensure that action is taken to contribute towards the delivery of national targets set for those habitats and species of greatest conservation concern. The plan will also promote the conservation of locally important species and habitats which reflect the values of local people and communities. Planning Departments are likely to make a significant contribution to the preparation and implementation of LBAPs.

A project which aims to develop good practice guidance in the production of LBAPs was established in September 1996. The project is being carried out for the Scottish Biodiversity Group and is led by a steering group comprising RSPB, The Scottish Office, Scottish Natural Heritage and COSLA. A project officer has been appointed to work with a number of local authorities in developing LBAPs. The guidance will be based on the experiences gained from four pilot areas in Orkney, Argyll and Bute, the former Grampian Region (Aberdeenshire, Aberdeen City and Moray) and South Lanarkshire, but will also monitor initiatives occurring elsewhere.

Considerable progress has been made on the initial stages and partnerships and working arrangements appropriate to local circumstances have been developed. Biodiversity audits are underway in all areas and events are being proposed to publicise LBAPs. It is intended that good practice guidance for the production of Local Biodiversity Action Plans will be available in late 1997.

For further information contact: Caroline Davies, Biodiversity Project Officer, Tel: 0131 557 3136

Planning Application Statistics

1 April - 30 September 1996 - Based on returns as submitted by 28 May 1997

(1) Did not submit return. Department has estimated total applications.

(2) All figures except total applications exclude authorities which did not submit full returns.

Local authorities are under a statutory obligation to decide all applications within 2 months. In practice, their ability to do so is constrained by the complexity and consultation requirements that apply to certain cases. The Government has set targets for authorities in dealing with planning applications: no authority should decide less than 50% of applications within the statutory period and all authorities should aim to determine at least 80% of applications within this timescale.

The table shows that 4 authorities failed to determine 50% of applications within 2 months and that only 2 authorities succeeded in meeting the target of 80% within that period.

Householder applications accounted for around 44% of total applications. Overall 92.7% of all planning applications and 97.7% of householder applications were granted.

Recent Planning Guidance

National Planning Policy Guidelines

Planning Advice Notes

Copies available from: Anne Williams Tel 0131-244 7538

Future NPPG topic: Rural Development.

Future PAN topics include: Environmental Appraisal of Development Plans; Restoration and Aftercare of Mineral Working; Planning and Noise.

Circulars

Since the last Bulletin the following planning related Circulars have been issued. Copies available from 0131-244 7066.

• Circular 4/97: issued April 1997. Notification of Planning Applications. Updating and consolidation of advice given in Circular 29/88.
  
• Circular 5/97: issued April 1997. Consultation on Planning Applications for Roadside Facilities and Developments Affecting Playing Fields. Explains GDPO Amendment requiring planning authorities to consult Scottish Sports Council about developments affecting playing fields and the Secretary of State about development of roadside facilities.
  
• Circular 13/97: issued March 1997. Tribunals and Inquiries Act 1992. Planning Inquiries and Hearings: Procedures and Good Practice. Sets out the Secretary of State's policy on the inquiries process, provides new codes of practice for all parties involved in inquiries and hearings and gives a detailed commentary on the new Inquiries Procedures Rules.
  
• Circular 17/97: issued June 1997. Clarifies the status of Environmentally Sensitive Areas in planning policy and, specifically, to differentiate them from statutory national and international designations such as NSAs, and SSSI and related international designations.

STRUCTURE PLAN PROGRESS

STRUCTURE PLAN AREAS (previous local authorities)

NEW STRUCTURE PLAN AREAS*

Structure Plan Areas

Joint Structure Plan Areas

* S11995 No. 3002 (S.216) Town and Country Planning, Scotland

The Designation of Structure Plan Areas (Scotland) Order 1995

LOCAL PLAN PROGRESS

Current Position (end of April 1997)

Replacement Plans being Prepared

Alterations

SODD Planning and Countryside Research

Further details of the Planning Programme can be obtained from Karen MacNee, CRU, Victoria Quay, Edinburgh, EH6 6QQ, Tel. 0131 244 7570. Juliet Harvey, Pentland House, Edinburgh, EH14 1TY, Tel. 0131 244 6631 can provide additional information on the Rural Programme.

RECENTLY COMPLETED

Copies of published reports can be obtained from:- The Stationery Office Bookshop, Mail Order Dept, 21 South Gyle Cres, Edinburgh, EH12 9EB. A free summary of published reports are available in the 'Research Findings' series from the CRU.

Towards a Strategy for Vacant Land PIEDA

Informs the Department's consideration of the need for a strategic approach to the planning and management of vacant land. Published January 1997.

Contact and Complaint Handling by the Planning Service in Scotland Peter Gibson Associates

Explores authorities' procedures to identify best practice. Publication Summer 1997.

Quality Assessment in Development Control Montague Evans and Dept. of Land Economy, Aberdeen University

Considers initiatives to improve performance. Publication Summer 1997.

Retailing and Small Shops
Institute for Retail Studies, University of Stirling

Considers the impact of planning policies on small shops and what measures might be adopted to safeguard their role. Publication Summer 1997.

Review of Planning Enforcement
Edinburgh College of Art/Heriot-Watt University

A review of the first 3 years of the new planning enforcement provisions. Publication Summer 1997.

Public Access to Planning Information
School of Town and Regional Planning, University of Dundee

A review of arrangements for enabling public access to planning information. Publication Summer 1997.

Review of Opencast Coal Mining Operations in Scotland
RSK Environment Ltd.

Considers the effectiveness of NPPG4 and assess the need for further guidance. Publication Summer 1997.

Developing Typologies of Rural Scotland
University of Aberdeen and SAC

A review of existing data bases which will assist in profiling different types of rural communities. Publication of phase 1 Summer 1997.

Small Scale Tourist Initiatives and Rural Development
Stephanie Herbert, Research Consultant

Draws on three innovative examples of small scale tourism which involve the community. The practical issues of developing these initiatives are highlighted. Publication Summer 1997.

Good Practice: Environment and Heritage
ERM

Identifies the principles of good environmental and heritage practice and explains how these can be integrated with rural development initiatives. Publication Summer 1997.

IN PROGRESS

Review of Development Planning in Scotland
Hillier Parker with ECA and Dundas & Wilson

To consider the operation of the existing system and identify mechanisms of streamlining and simplifying procedures. Completion Spring 1998.

Trends in Office Development
Rydens

Examines trends in the location and nature of office development against the context of Government policy. Completion Summer 1997.

Study of Rural Petrol Stations
ERM

Explores the social, economic and environmental issues surrounding the provision of petrol supplies to rural Scotland. Completion Spring 1998.

Quality of Services in Rural Scotland
System 3

Examines the quality of services available to people in rural areas. Completion Spring 1998.

Impact of Migration
Universities of Dundee and Aberdeen

Examines migratory activity in rural Scotland. Completion Summer 1998.

NEW WORK

In the 1997-98 planning research programme, the following projects will be commissioned: design and quality in development; review of the GPDO; research on one stop shops; evaluation of planning guidance.

Contact Points

Editor

David Morrison
The Scottish Office
Development Department
Planning Services
Room 2-H, Victoria Quay
Edinburgh EH6 6QQ

Telephone 0131-244 7534

Requests for Bulletins to:

Anne Williams
The Scottish Office
Development Department
Planning Services
Room 2-H, Victoria Quay
Edinburgh EH6 6QQ

Telephone 0131-244 7538

Published twice a year by SODD, Planning Services

A Mackenzie, Chief Planner