CAIRNGORMS NATIONAL PARK: PROPOSED PLANNING ARRANGEMENTS
Under the Act, the National Park Plan, to be prepared by the Park Authority and approved by Scottish Ministers, will set out the Park Authority's policy for managing and co-ordinating the exercise of its functions and those of other bodies with a view to ensuring that the Park's aims are collectively achieved in a co-ordinated way. It will set the overall context for the Park and planning within it.
In terms of the Draft Designation Order, the proposed split of planning functions between the 3 Councils and the Park Authority is as follows:
- Structure Plans - responsibility retained by Councils with the Park Authority being involved as a statutory consultee.
- Local Plans - responsibility of the Park Authority to prepare local plan (or plans), in consultation with the 3 Councils.
- Development Control - Councils will continue to have first responsibility for development control on individual planning applications, subject to the Park Authority having the power to call in and decide applications that are of general significance to the Park aims.
The proposed split of planning functions recognises that both the Park Authority and the 3 Councils have important roles to play in ensuring that national and local interests are taken into account. Under the intended split of functions constructive partnership working will be required to ensure efficient and effective delivery of the planning service. In particular the way that development control is exercised in the Park is crucial to its success.
In terms of development control, the Councils will receive all planning applications in the area of the Park. Within 3 days of receipt of an application, a Council will notify the Park Authority of it. If the Park Authority is minded to call in the application it must do so within 2 weeks. If called-in, then the Park Authority will exercise the development control function and decide the application. The Park Authority must notify the applicant within 5 days of issuing the direction to call in. The Park Authority's power to issue a direction extend to listed buildings; conservation areas and the control of hazardous substances.
Functions in respect of enforcement, tree preservation and advertisement control are proposed to be exercised by both the Councils and the Park Authority. However, views on this are arrangement are sought.
It is intended that a "protocol" between the Councils and the Park Authority will be established governing planning matters, particularly the call-in arrangements. There will inevitably be a period of bedding down while the proper allocation of responsibilities is resolved and plan(s) and policies are prepared. The local plan(s) for the Park will play a vital role in providing a sound policy framework. Coherence and integration of policy must be sought within the Park area and reflected in the quality of new development.
The Draft Designation Order sets out the provisions that Ministers are minded to introduce. However, responses to the consultation exercise will be considered before the Order is finalised.