Scottish Government

Planning Bulletin - Issue 16 - December 1997

THE PLANNING BULLETIN - Issue Sixteen December 1997

National Parks for Scotland

The Rt. Hon Donald Dewar MP, Secretary of State for Scotland announced on 15 September the Government's commitment to the establishment of a National Park for Loch Lomond and the Trossachs.
Mr. Dewar said:

" I believe that National Parks are the right way forward for Scotland. The major gap we have identified in the current system of natural heritage designations relates to the management of a small number of relatively large areas of natural heritage importance, of which Loch Lomond and the Trossachs is a prime example. What we require in these areas is an integrated, rather than sectoral, approach to their management."

The Secretary of State's announcement was made in the context of a wider statement on the Government's intentions in respect of natural heritage designations in Scotland. In summary, the Government are to:

• produce a clear, accessible account of the main designations in use;
• issue a National Planning Policy Guideline on natural heritage and planning and
• pull together advice on best planning practice in relation to natural heritage designations in the form of a Planning Advice Note.

All three publications are planned for the Spring of next year.

The main points relating to the individual designations are:

SSSI - SNH is to provide occupiers of land designated as SSSI with short, clear statements, written in non-specialist terms. The statements will be provided in respect of all Natura 2000 sites by the end of 1998 and for all other SSSIs by March 2000.

NNR - The Government is convinced of a continuing role for NNRs and is encouraging SNH to implement its new policy as described in the Discussion Paper issued earlier this year.

NSA - The Government sees a need to protect Scotland's important landscapes. New legislation is required and this will be for a Scottish Parliament. In the interim, SNH has been asked to review the current selection of NSAs and to prepare proposals for public consultation on the protection which requires to be afforded different landscapes.

NATIONAL ISSUES

Opencast Coal-Review of Planning Policy

On 18 August, Malcolm Chisholm MP, Minister for Planning published a consultation paper on a review of planning policy as it relates to opencast coal. The review is based on the 10 point plan for opencast coal which the Labour Party published whilst in opposition and will be conducted in two stages. The first stage will after all the responses have been considered lead to the publication of an interim policy statement. The consultation period ended on 31 October. The second stage will involve a full review of the opencast coal aspects of NPPG 4 Land for Mineral Working starting in Spring 1998.

1997 Scottish Awards for Quality in Planning

Malcolm Chisholm MP, Minister for Planning, launched the Quality Awards Scheme at the end of August. It is being administered by the RTPI.

The Minister invited nominations for awards in the following categories:

• outstanding performance and quality in development control;
• outstanding quality in development plans and
• outstanding quality in development on the ground which is significantly attributable to the planning service.

The Minister has appointed a panel of judges to consider the nominations and advise on their relative merit. The panel commands wide respect in planning circles and comprises:

• Mr Gordon Mann, Managing Director of the Crichton Development Company;
• Mr Andrew Raven, a Member of the Scottish Consumer Council and Director of Land Management with the John Muir Trust; and
• Professor Jeremy Rowan Robinson, Professor of Land Economy at Aberdeen University.

The judges will call for presentations and make visits as are necessary for them to appreciate the nominations, before making recommendations to the Minister in the New Year.

Quality & Public Involvement in Planning

Three consultants' reports recently published by The Scottish Office may help planning authorities improve quality and widen opportunities for public involvement. These reports of commissioned research studies set out conclusions and recommendations on good practice in: improving public access to planning information; quality assessment in development control and contact and complaint handling by planning authorities.

1. The study of Public Access to Planning Information, by researchers at the University of Dundee, responded to concerns expressed about present practice. It sought to identify current practice by planning authorities on access and charging policies, use of information technology and their involvement of community councils. The report identifies a number of suggestions for improvement.

2. The research on Quality Assessment in Development Control, carried out by Montagu Evans and Aberdeen University, has sought to explore possible mechanisms for measuring and improving the quality of decision-making on planning matters as well as quality of output on the ground. Its recommendations include suggestions for planning authorities in monitoring service and development objectives and in remedying any shortfall.

3. Contact and Complaint Handling by the Planning Service, a research study by Peter Gibson Associates, examines key issues that determine levels of customer satisfaction in the service provided by local authorities. The report suggests models of good practice to improve satisfaction ratings.

Copies of the Research Findings are available from the The Scottish Office Tel. 0131 244 7560.

Recent Consultations

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

Proposals to extend the permitted development rights for underground sewerage works which were granted in December 1996 to the new water and sewerage authorities and their authorised Private Finance Initiative (PFI) contractors to cover certain above ground sewerage works.

Proposals for implementing EC Directive 97/11/EC which amends the original Directive (85/337/EC) on environmental assessment. The various new provisions include the introduction of 'exclusive' thresholds for each project category (below which EA will not be required.

NPPG 12: Skiing Developments

NPPG 12: Skiing Developments was published in June, 1997. The Guideline replaces those which were issued in 1984. The new Guideline aims to provide a positive planning framework to support the development of skiing. Downhill skiing is a popular sport which has been important in bringing employment and other economic benefits to rural areas. The emphasis in the Guideline is on encouraging developers to consolidate and improve existing centres rather than encouraging developments at new locations. Full account has been taken of the Government's obligations on nature conservation. In particular, the text incorporates into the policy framework the need to ensure that developments are compatible with national and international nature conservation requirements. Proposals for non skiing use of facilities, such as chair lifts in the summer months, need to be assessed against the framework in the guidance. New developments should be of a quality to match their fine natural surroundings. The need for high standards of design and sensitive siting of facilities is emphasised.

NPPG 13: Coastal Planning

In August NPPG 13: Coastal Planning, updating and superseding the 1974 and 1981 NPGs on the Coast, was published. The guidance seeks to steer development to those parts of the coast which are already developed and where there are significant opportunities for the reuse of previously developed land and buildings. It also acknowledges the importance of providing for the needs of coastal communities in rural areas. There are also inaccessible areas with few obvious signs of human activity; the NPPG recognises that such areas are becoming increasingly rare, not only in Scottish but in European terms. Accordingly, there should be a presumption against development. It is intended to issue further guidance on classifying the coast for planning purposes and a working group comprising representatives from local authorities, SEPA, SNH, SSC and the National Coastal Forum is taking this forward.

Sustainable Urban Drainage Scottish Working Party

The first meeting of the working party was held in SEPA's Head Office in Stirling on 15 October '97. The Group comprises representatives of SEPA, the three Water Authorities, The Scottish Office, The Society of Chief Technical Officers and the SSDP. Representatives from SHBA, CIRIA, Parks and Recreation, and Building Control will be invited to attend as appropriate in future. The remit, still to be finalised, will explore the scope for adopting a partnership approach to the protection of the aquatic environment from the impact of adjacent urban development, taking a national perspective. Early outputs will be a guidance document on urban drainage, followed by a design manual within 12 months. The interface between Planning Authorities, SEPA and the Water Authorities is firmly on the Agenda, and will be addressed by various outputs from the group, including cascade briefing to planning authorities, and development of agreements applied to the major Dunfermline Eastern Expansion scheme.

Structure Plan Approvals

Since the issue of the June Bulletin the Secretary of State for Scotland has approved 4 Structure Plans. These are Lothian 4 July; Central (2nd Alteration) 18 July; Grampian 25 July and Strathclyde 24 October. The Strathclyde Structure Plan was the last to be approved of those prepared by the former Regional Councils.

Development Control Audits: Update

The last edition of The Planning Bulletin, indicated that an Audit Unit had been set up within Planning Services Division to work with planning authorities to help them improve their development control service. The 11 authorities to be included in the Audit Unit's two year programme to March 1999 were listed. Work on Edinburgh has been completed and is well underway in Aberdeenshire and Argyll and Bute; and the audits in Fife and Inverclyde will begin early in 1998. Reports on individual audits are confidential to the particular authority. It is, however, intended that an annual report on the work of the Audit Unit will be produced.

Planning Application Statistics

Householder applications accounted for around 40% of total applications. Overall 87.7% of all planning applications and 97.6% of householder applications were granted.

1 October l996 - 31 March 1997

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

(2) All figures except total applications exclude the authority which did not submit a return.

Local authorities are under a statutory obligation to decide all applications within 2 months. The Government have set targets for authorities in dealing with planning applications; 90% of householder applications and 85% of minor business and industry and other minor development applications should be determined within the statutory period; and at least 80% of all applications should achieve the deadline.

The table shows that 7 authorities failed to determine 50% of applications within 2 months and no authority succeeded in meeting the target of 80% within that period.

Planning Guidance

National Planning Policy Guidelines

Planning Advice Notes

Copies available from: Anne Williams Tel 0131-244 7538

Future NPPG topics: Rural Development; Natural Heritage; Built Heritage and Coastal Planning Annex.

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

Circulars

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

Circular 25/1997: issued August 1997. Environmental Assessment and: i. Planning Enforcement Appeals; and ii. Permitted Development. Explains the provisions of : i. The Environmental Assessment (Scotland) Amendment Regulations 1997 (SI No 1997/1870); and ii. The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order (SI No 1997/1871, which came into force on 1 September 1997. These amendments help secure effective implementation of European Community Directive No 85/337/EEC on the assessment of the effects of certain public and private projects on the environment.

Circular 36/1997: issued October 1997. Compulsory Acquisition of Land, Land Compensation Rate of Interest. Provides revised advice on the determination of the rate of interest payable on compensation in respect of land acquired compulsorily by public authorities and other organisations, or land affected by public works. It expands and replaces the advice given in SODD Circular 24/1995 which is cancelled.

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

Key and Explanation of Terms

Current Position (end of Sept 1997)

Replacement Plans being Prepared

Alterations

Key and Explanation of Terms

Aberdeen & Aberdeenshire SPA

Aberdeen City (1)

Aberdeenshire (4 to 3)

Dundee & Angus SPA

Dundee City (6 to 1)

Angus (10 to 1)

Argyll & Bute SPA

Argyll and Bute (9 to 1)

Ayrshire SPA

East Ayrshire (9 to 1)

North Ayrshire (5)

South Ayrshire (6 to 1)

Scottish Borders SPA

Scottish Borders (4)

Stirling & Clackmannan SPA

Clackmannanshire (1)

Stirling (4 to 1)

Glasgow and the Clyde Valley SPA

City of Glasgow (39 to 38)

Glasgow City Council has approved the preparation of a Review of its local plans. The Review will be published in 1998 and is the first stage in the preparation of fresh plan coverage for the City.

East Dunbartonshire (5 to 2)

East Renfrewshire (3)

Inverclyde(1)

North Lanarkshire (9 to 5)

Renfrewshire (1)

South Lanarkshire (19 to 6)

West Dunbartonshire (3 to 2)

Dumfries and Galloway SPA

Dumfries and Galloway (8 to 4)

Falkirk SPA

Falkirk (8)

Fife SPA

Fife (13 to 10)

Highland SPA

Highland (24 to 20)

Edinburgh and the Lothians SPA

City of Edinburgh (9 to 6)

East Lothian (7 to 1)

Midlothian (6 to 1)

West Lothian (5)

Moray SPA

Moray (5 to 1)

Orkney Islands SPA

Orkney (3 to 1)

Perthshire and Kinross SPA

Perth and Kinross (8 to 6)

Shetland Islands SPA

Shetland (5 to 1)

Western Isles SPA

Western Isles (5)

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, 71, Lothian Road, Edinburgh, EH3 9AZ. A free summary of each published report is available in the 'Research Findings' series from the CRU.

Published

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

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

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

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

Public Access to Planning Information
School of T & RP, University of Dundee

Review of Opencast Coal Mining Operations
RSK Environment Ltd.

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

Forthcoming Publications

Developing Typologies of Rural Scotland University of Aberdeen and SAC Good Practice: Environment and Heritage ERM Evaluation of Indicative Forestry Strategies: Turnbull Jeffries and Sidaway

New Work

In the 1997-98 planning and countryside research programmes, the following projects have still to be commissioned: research on one stop shops; operation of Scottish tree preservation policies and practice; examination of the principles and traditions of styles of Scottish house building in keeping with the rural landscape.

IN PROGRESS

Trends in Office Development
Rydens
Examines trends in the location and nature of office development against the context of Government policy. Completion Winter 1997/98.

Wildlife Tourism
Mary-Ann Smythe
A guide to describe the ways in which local communities can benefit from the sensitive development of wildlife as a tourist attraction. Completion Winter 1997/98.

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.

Design and Quality in Development
EDAW/Strathclyde University/Wren & Rutherford
To advise on ways the development process can be strengthened to ensure good design and quality built development. Completion Spring '98.

Review of the GPDO
Edinburgh College of Art/Heriot-Watt University
Explores the operation of the GPDO and the possibility of securing a shift towards an increase in permitted development where it will not significantly affect amenity.
Completion Spring '98.

Study of Rural Petrol Stations
ERM
Explores the social, economic and environmental issues surrounding the provision of petrol supplies to rural Scotland. Completion Spring '98.

Quality of Services in Rural Scotland
System 3
Examines the quality of services available to people in rural areas. Completion Spring '98.

Evaluation of the Effectiveness of National Planning Guidance
Land Use Consultants
Research to determine the effectiveness of NPPGs in meeting their intended objectives and how they could be improved. Completion Summer '98.

Impact of Migration
Universities of Dundee and Aberdeen
Examines migratory activity in rural Scotland.
Completion Summer '98.

Contact Points

Published twice a year by SODD, Planning Services

A Mackenzie, Chief Planner