Scottish Government

The Planning Bulletin

Issue 17

September 1998

NEW DRAFT NPPG AND PAN: TRANSPORT AND PLANNING

On 12 August, The Scottish Office published consultation drafts of a National Planning Policy Guideline (NPPG) and Planning Advice Note (PAN) on Transport and Planning. In the case of the NPPG, this draft replaces that issued in May 1996.

NPPGs set out Government policy on nationally important land use and other planning matters. The present document was announced in the Scottish White Paper on Integrated Transport Policy 'Travel Choices for Scotland' published by The Stationery Office on 22 July. It sets out draft guidance on how the Government's policies for the integration of land use planning, the environment and transport should be reflected in the operation of the planning system, and indicates the range of considerations to be addressed when assessing development proposals which may have an impact on transport policy and provision.

Land use planning has a crucial role to play in determining to what extent people have to travel to fulfill their aspirations. The planning system cannot stop people travelling farther than they need to. It can, however, help to give people the opportunities to meet their needs with minimal travel. Strategic decisions can be made to ensure that, wherever practical, our work, schools, medical facilities, shops for food, clothes or furniture, and the places we pursue our leisure activities are sited close to each other and to the main residential areas

The other main contribution of the planning system is in more detailed design matters. Having major land uses close to each other is of little use if the only means of getting between them is by private car. However, if new developments are designed, or older developments restructured, to ensure that there are direct, attractive, safe and secure walking and cycling routes between related land uses, or that such uses are located to maximise access by public transport services, much can be achieved.

PANs set out best practice advice in relation to nationally important land use and planning matters. The draft PAN sets out guidance on how councils, developers and transport interests can go about implementing the policy in the draft NPPG, and also sets out some of the more detailed background to that policy.

Copies of the draft documents can be obtained from Anne Williams, SODD Planning Services, 2-H, Victoria Quay, Edinburgh EH6 6QQ. Tel. 0131 244 7538 or Fax 0131 244 7555, or by e-mail request from anne.williams@so062.scotoff.gov.uk

National Issues

Planning Audit Unit Annual Report: August 1998

On 24 August the Annual Report of the Planning Audit Unit (PAU) was issued. The report summarises the lessons from the first year's work of the PAU. The report sets out the background to the establishment of the Unit and analyses the 3 returns submitted by planning authorities since local government reorganisation. It identifies examples of good practice by local authorities in relation to the handling of planning applications but also highlights areas where action is required to improve performance. In addition, the report responds to issues which planning authorities believe The Scottish Office should address.

In his foreword to the Annual Report, Calum MacDonald MP, Scottish Office Minister for Housing, Transport and European Affairs writes:

"The work of the Planning Audit Unit is a particularly good example of how The Scottish Office can work with local authorities to assist them deliver better services. I am heartened by the positive and constructive attitude that planning departments have demonstrated in response to the Planning Audit Unit. They could so easily have resisted outside 'interference'; but they didn't and, without exception, have approached the exercise in a positive manner.

This report summarises the lessons learnt from the first year's work of the Planning Audit Unit. The findings are relevant not just to the authorities which have been audited. The lessons apply to planning authorities across Scotland. The report contains much useful material on which authorities should reflect and, where appropriate, take action to improve their service delivery.

One of the main factors which separates local authorities which perform well in relation to the Government's objectives and targets for the planning system and those which fare less well is the quality of management. Managers must take responsibility for ensuring that service standards are set and that staff are deployed in a way which enables them to meet these standards. Clear lines of responsibility have to be identified and measures put in place to ensure that performance targets are consistently met. Effective managers are central to achieving Best Value in development control."

For further information on the Planning Audit Unit in general and the Annual Report in particular, contact Jim Mackinnon Tel: 0131 244 7547. Copies of the Annual Report can obtained from Mrs. Anne Williams Tel: 0131 244 7538.

Urban Authorities Working Group On Best Value In Development Control

The concept of Best Value in the delivery of services is at the top of the Government's agenda for local government. This prompted the 4 city authorities - Aberdeen , Dundee, Edinburgh and Glasgow - to meet early in 1998 to discuss comparable statistics and how to share best practice. The authorities are discussing how to develop a common approach to performance indicators, other critical success factors and benchmarking with a view to demonstrating the 3 principles of Best Value - efficiency, effectiveness and quality - in the delivery of the development control service. For further information Ritchie Sommerville, City of Edinburgh Council should be contacted Tel: 0131 529 3991 or Iain Ross, Dundee City Council Tel: 01382 433216.

European Spatial Development Perspective

On 8 June 1998 in Glasgow the Secretary of State for Scotland chaired a meeting of European Union Planning Ministers and the European Commission to discuss a complete draft of the European Spatial Development Perspective (ESDP). The ESDP aims to provide a shared vision for the future pattern of development in the European Community. It is an inter-governmental initiative based on contributions from Member States and the Commission. The ESDP seeks to achieve 3 key Community aims of competitiveness; economic and social cohesion and sustainable development. The ESDP looks at the main demographic, economic and environmental trends which will affect future spatial development in Europe. It considers issues such as urban structures; the future of rural areas; transport, communication and knowledge; pressures on Europe's natural and cultural heritage; and provides an initial assessment of the spatial impact of selected Community policies. The ESDP seeks to encourage balanced development through an integrated and co-ordinated approach across policy sectors and between levels of administration. A copy of the complete draft of the ESDP has been sent to each local authority and structure plan team in Scotland. A final ESDP should be produced under the German Presidency in the first half of 1999.

For further information on the ESDP, contact Jim Mackinnon Tel: 0131 244 7547 and on the operational programmes, Jim Millard Tel: 0131 244 0692.

Draft NPPG: Rural Developments

The Draft NPPG was published for consultation in May 1998. Underpinning the Draft is the Government's commitment to a more integrated and strategic approach to rural policy as set out in the consultation paper 'Towards a Development Strategy for Rural Scotland', and the key role that development plans have to play in contributing to sustainable rural development. It emphasises that local authorities and the other agencies involved should adopt a more positive and proactive approach to providing development opportunities in rural areas and that development plans should clearly set out where development will be encouraged. The document sets out national policy considerations in relation to Scotland's diverse rural areas; identifies current issues in, and approaches to, rural development; suggests a typology of areas for planning purposes within which different approaches can be pursued; emphasises the scope for greater community involvement in planning; promotes the co-ordination of agency activity in the planning process and indicates general policy guidance and the action to be taken through development plans and development control.

Coastal Planning Working Group

NPPG 13 indicated that, for planning purposes, the coast can be termed as developed, underdeveloped or isolated and that further elaboration of the criteria to be used in classifying the coast would be provided. To progress this work a Working Group comprising officials from The Scottish Office (TSO), local authorities in Aberdeenshire, Fife and Highland (and latterly Dumfries and Galloway), SEPA, SNH and SSC was set up. The Working Group met several times to draw up an appropriate methodology and ASH were commissioned jointly by TSO and Aberdeenshire Council to pilot the methodology on part of the Aberdeenshire coast. This consultancy work has now been completed. The intention is to issue later this year further guidance on how planning authorities should approach the classification of the coast. For further details, contact Jim Mackinnon Tel 0131 244 7547 or Andrew Walters Tel 0131 244 7549.

Model Planning Conditions Working Group

Circular 4/98 The Use of Conditions in Planning Permissions issued February 1998 indicated that further work with local authority representatives would be undertaken to provide detailed guidance on model planning conditions. COSLA nominated officials from Glasgow, Borders, Inverclyde, West Dunbartonshire and Moray to participate in a Working Group to take this subject forward. The Group had their first meeting in June and have circulated copies of model conditions and made suggestions for main headings. The next meeting will take place in September and the aim is to complete the work early in the New Year. Until the new list of model conditions is published, planning authorities should continue to refer to Appendices A and B of SDD Circular 18/1986. For further information, please contact Susan Whitty (Tel. 0131 244 7551).

QUALITY AND OPENNESS IN PLANNING

The Department held a seminar at Victoria Quay on 12 March. It covered the results of three research reports:Planning Complaints Procedure; Public Access to Planning Information and Quality Assessment in Development Control and there was an update on the work of the Planning Audit Unit. It was an opportunity for interested parties to hear from the researchers on how they reached their conclusions. The authorities and consumers gave their reaction to the findings and offered suggestions on how various aspects of the system could be improved. The information gathered will assist with best practice on these issues and in the light of this research it is planned to review PAN 40: Development Control. In the meantime, the reports represent helpful advice to planning authorities' in their efforts to promote quality and encourage public participation in the planning process.

ONE STOP SHOP RESEARCH

The Centre for Planning Research at Dundee University was commissioned by SODD in January 1998 to examine arrangements being developed by local authorities to bring together development related local authority functions with a view to improving the standard of service provided to those seeking the necessary consents for development.. The study was commissioned against the wider context of local government reorganisation which provided the new unitary authorities with an opportunity to devise structures which bring together related functions and provide easier access for the public and service users. The study is expected to be completed by Spring 1999.

Planning Application Statistics

Householder applications accounted for 42.3% of total applications. Overall 93.4% of all planning applications and 97.3% of householder applications were granted.

1 April l997 - 30 September 1997

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 2 authorities failed to determine 50% of applications within 2 months and 3 authorities succeeded in meeting the target of 80% within that period.

Review of Development Planning

The key recommendations of the Hillier Parker/ Edinburgh College of Art/Dundas and Wilson research report were that:

• statutory timetables should be introduced for the preparation and update of structure and local plans;
• planning authorities should have scope to modify their local plans prior to public local inquiries;
• the Reporter's report of a local plan inquiry should be binding on the authority concerned;
• the post-inquiry modifications stage should be abolished;
• SOIRU should be allowed to arbitrate on objections to structure plans;
• authorities' development plan progress/performance should be subject to regular audit;
• new Government guidance on development plans should be issued;
• the development plan departure procedure should be scrapped; and
• prematurity should have no standing as a material consideration.

The Minister indicated that he was cautious about the idea of the Reporter's report being binding, and that he felt similar reservations about doing away with the development plan departure procedure. He said that he wanted to hear reaction to the recommendations and that he envisaged announcing a range of measures later in the year.

Minister's Speech: 2 February

Scottish Office Planning Minister, Calum MacDonald, delivered his first planning speech since taking Office at the 'Planning for the Millennium' conference in Edinburgh on 2 February. The Minister ended a wide ranging speech by inviting debate over the coming months on broad issues of policy, structure and process. Since then he has met the Scottish House Builders' Federation and the Royal Town Planning Institute in Scotland to hear their views, and the Department is engaged in a series of meetings with COSLA, the Scottish Society of Directors of Planning and RTPI. Clearly decisions about any significant changes to the structure of the planning system would be for the Scottish Executive to take but, before that, a consultation paper on a range of options for change can be envisaged.

Meeting with Planning Aid for Scotland

Calum MacDonald, Planning Minister at The Scottish Office met Pippa Leary, David Leslie and David Littlejohn of Planning Aid on 20 February. The Minister heard with interest of Planning Aid's work and was impressed that up to 300 planners gave freely of their time and expertise.

Planning Aid explained that a sharp reduction in local authority funding following reorganisation had coincided with the ending of Scottish Office funding which, they acknowledged, had only been offered on a pump-priming basis. While acknowledging that determining spending priorities was a matter for individual local authorities, he hoped that councils would recognise the benefits of the service that Planning Aid could provide and would commit the modest level of funding required to keep Planning Aid afloat.

Nolan Committee's Recommendations on Planning Issues

The Nolan Committee's 1997 report on local government conduct included a number of recommendations relating to planning. The Government published their response in the form of a consultation paper, separately in Scotland, England and Wales, inviting responses by 24 July. Briefly, The Scottish Office paper 'A New Ethical Framework for Local Government in Scotland' made the following responses to Nolan's recommendations:

• the Government agreed that elected Members should receive adequate training in planning matters, but that since the recommendation was aimed primarily at local government they would leave it to authorities to implement - The Scottish Office does not propose to take a pro-active role;
• the Government were also wholly supportive of councils' procedures being in accord with best practice and being transparent, and would encourage councils to prepare codes and/or charter statements. The detailed content of such documents should be a matter for individual councils;
• the Government believe that present legislation on planning agreements and SODD Circular 12/1996 are adequate; in particular that developer contributions should be proportionate and related to the development under consideration. The response concluded by saying that if the case for change became evident the matter would be pursued. The Government also indicated that they were minded to legislate at a suitable opportunity to require planning authorities to enter planning agreements in the planning register;
• on the matter of notification of applications in which authorities have an interest the Government acknowledge that there could be a problem with the interpretation of "substantial level of objections"; they recognised that this could lead to interest groups being able to exert disproportionate influence over planning decisions and that in any case if an authority's development proposals were in accord with the development plan any valid objections to the plan would alrady have been heard prior to the adoption of the plan. The Government propose to drop "substantial level of objections" as a criterion for notification; and
• procedures in Scotland already require planning authorities to notify the Secretary of State when they are minded to grant planning permission in respect of a wide range of major development proposals; this already afforded considerable protection to objectors. The Government believe that the call-in powers of the Secretary of State are reserve powers - to be used sparingly and selectively - and did not accept that more use should be made of these powers than hitherto.
• Responses to the consultation paper are being analysed and considered.

Recent Consultations

Implementation of EC Directive 97/11/EC: Determining the Need for Environmental Assessment (EA). Proposals for thresholds to be used to assess whether or not a project is likely to have significant environmental effects and so require environmental assessment under the terms of the amended EC Directive. This follows up the general proposals for implementing amending Directive 97/11/EC which were the subject of consultation on 31 July 1997. Issued on 23 December 1997 and consultation period ended on 27 February 1998. Draft Regulations are being prepared for consultation.

Review of Planning Procedures in Scotland Relating to Telecommunications Equipment. Proposals relating to planning procedures applying to the installation of towers, masts and associated equipment by telecommunications code system operators. Includes proposals to amend permitted development rights in Class 67 of the General Permitted Development Order and to introduce a Code of Best Practice. The consultation paper was issued in response to public concerns about controls over telecommunications masts and towers. At the same time a letter was sent to all planning authorities giving some basic information about the conditions in operators' licences which are designed to protect amenity and the opportunities which those conditions give to planning authorities and SNH to become involved in the siting of telecommunications apparatus. The consultation paper was published on 7 May 1998 and the closing date for responses was 3 July 1998. Further consultation will take place shortly on proposals for more stringent controls.

Review of Compulsory Purchase, Land Compensation and Related Matters

In a written answer to a Parliamentary Question on 17 July, Mr Calum MacDonald MP, the Scottish Office planning minister announced that: The Scottish Office is looking closely at the case for reform of Scots law and practice in this area. In addition to Scottish based work, there will be Scottish participation in the review of the general principles being undertaken by the Department of the Environment, Transport and the Regions. This will ensure that any proposals for legislative change will take the separate Scottish context fully into account. Such change for Scotland will, of course, be a matter for the Scottish Parliament to consider.

Marine Dredging Licences

In a written answer to a Parliamentary Question on 22 July, Mr Calum MacDonald MP, the Scottish Office planning minister announced that:

The Government intend to introduce new regulations to licence the extraction of minerals by marine dredging in Scotland by March 1999. The new procedures should make the process for obtaining licences more open and efficient. The regulations will also address environmental concerns over the impact of dredging by implementing the requirements of EEC Directive 85/337/EEC, as amended by EC Directive 11/97/EC on Environmental Impact Assessment in so far as they apply to the extraction of minerals by marine dredging. There will be appropriate consultation on the provisions in due course.

Planning Guidance

National Planning Policy Guidelines

Copies available from: Anne Williams Tel 0131-244 7538

Future NPPG topics: Built Heritage and Historic Environment.

Future PAN topics include: Enforcement; Restoration and Aftercare of Mineral Working; PAN 50 Annexes: Transport, Blasting; Town Centres; Natural Heritage; Planning and Noise and Environmental Assessment.

Future guidance: Opencast Coal.

Recent Planning Guidance and Structure Plan Progress

Circulars

Circulars issued since the issue of Bulletin 16. Copies available from: Kelly Wood Tel 0131-244 7066.

Circular 43/97: December 1997. The T & CP (Notification of Applications) (Scotland) Amendment Direction 1997, Notification of Planning Applications. Amends the Notification of Applications Direction at Annex A of Circular 4/1997 to increase the threshold for notification of wind generator planning applications and introduce a requirement to notify the Secretary of State about certain planning applications to develop land used as a playing field.

Circular 1/98: January 1998. The T&CP (Use Classes) (Scotland) Order 1997. Explains provisions of new UCO and related changes to the GPDO. Replaces Circular 6/1989.

Circular 2/98: January 1998. The T&CP (GPD) (Scotland) Amendment (No.2) Order 1997: Water and Sewerage Authorities: Above Ground Sewerage Works. Explains GPDO amendments granting permitted development rights for certain above ground sewerage works to sewerage authorities and their PFI contractors.

Circular 4/98: February 1998. The Use of Conditions in Planning Permissions. Updates and revises guidance in Circular 18/86 which except for the model conditions in Appendices A and B is cancelled. Revised model conditions will be published separately in due course.

Circular 7/98: May 1998. The T&CP (Use Classes) (Scotland) Amendment Order 1998. Clarifies Class 9(b) (Houses) of the new Use Classes Order.

Circular 8/98: June 1998. The T&CP (GPD) (Scotland) Amendment Order 1998: Telecommunications. Explains amendments to Class 67 (Telecommunications Development) of the GPDO to grant permitted development rights for installation of small antennas for use with a wire-less loop system which relays telephone calls to homes and small businesses by radio signal.

Structure Plan Progress

STRUCTURE PLAN AREAS (previous local authorities)

National Issues

NEW STRUCTURE PLAN AREAS*

Structure Plan Areas

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

The Designation of Structure Plan Areas (Scotland) Order 1995

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

Review of Development Planning in Scotland Hillier Parker - ECA/Heriot-Watt University and Dundas & Wilson

Trends in Office Development and Location in Scotland

Ryden

Research on the GPDO and Related Mechanisms School of Planning and Housing, ECA/HWU

Good Practice in Rural Development No.4: Structures for Local Rural Partnerships

Rural Forum

Good Practice in Rural Development No.5:

Consensus Building

Roger Sidaway

Good Practice in Rural Development No.6:

Developing Projects and Securing Funding

Halcrow Fox

New Ideas in Rural Development No.5:

Wildlife Tourism

Mary-Ann Smyth

Petrol Stations in Rural Scotland

ERM

Forthcoming Publications

Thinkpiece on Town Centre Uses

Institute for Retail Studies, University of Stirling

Small Area Data Sources for Socio-Economic Typologies

SAC and University of Aberdeen

Good Practice: Environment and Heritage

ERM and CRU

NEW WORK

In the 1998-99 planning research programme the following projects have still to be commissioned: research on the experience of community councils as statutory consultees; a scoping study on planning information; a review of compulsory purchase orders and research on pre-application discussions. In the countryside programme an examination of the principles and traditions of styles of Scottish house building in keeping with the rural landscape has still to be commissioned.

IN PROGRESS

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 Summer 1998.

Evaluation of the Effectiveness of NPPG

Land Use Consultants

Research to determine the effectiveness of NPPGs in meeting their intended objectives and how they could be improved. Completion Summer '98.

Research on One Stop Shops

Centre for Planning Research, University of Dundee

Explores the one-stop shop arrangements that Councils are developing for intending developers in respect of planning and development related functions. Completion Spring 1999.

Monitoring Retail Developments

Grimleys

To advise on the design, content, implementation and indicative cost of a monitoring system which will enable the implementation of Government policy to be assessed. Completion Autumn 1998.

Quality of Services in Rural Scotland

System 3

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

Scoping Study: Sectoral Policies and Rural Development

University of Cardiff

Assess the contribution of sectoral policies to rural development objectives.

Initial scoping phase completion Summer 1998.

Impact of Migration

Universities of Dundee and Aberdeen

Examines migratory activity in rural Scotland.

Completion Summer 1998.

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