Scottish Government

Options For Change

Report to the Scottish Executive Development Department
on the content of a possible Planning Bill

Jeremy Rowan Robinson
Scottish Executive Social Research
2003

This document is also available in pdf format (344k)

Contents

Introduction
1.0 The Purpose of Planning
2.0 The Geographical Extent of Planning Control
3.0 Planning Policy
3.1 National Planning Framework
3.2 Strategic Development Plan/City Region Plan
3.3 Local Development Plan
3.4 Direct Notification Of Policy Changes In Development Plans
3.5 Public Agencies To Have Regard To The Development Plan
4.0 Primacy of the Development Plan
5.0 Definition of Development
6.0 General Permitted Development Order
6.1 Development Within The Curtilage Of A Dwelling
6.2 Means Of Enclosure
6.3 Prior Notification
7.0 Business Planning Zones/ Simplified Planning Zones/ Local Development Orders
7.1 Business Planning Zones/ Simplified Planning Zones
7.2 Local Development Orders
8.0 Combined Application/ Consent Procedures
8.1 Planning And Related Special Controls
8.2 Planning And Pollution Control
9.0 Pre-Application Discussions
10.0 Power to Decline to Determine Applications
11.0 Simplified Consent Procedures
12.0 Validity of Applications
13.0 Statement of Development Principles
14.0 Development Control Procedures
14.1 Advertisement In The Edinburgh Gazette
14.2 Neighbour Notification
14.3 Notice To Lessees
14.4 Environmental Impact Assessment
14.5 A Duty On Consultees To Respond
14.6 Time Limit For Responses
14.7 Deemed Consent
14.8 Duration Of Planning Permissions And Other Consents
15.0 Reasons for Decisions
16.0 Planning Agreements
16.1 Money Payments
16.2 Tariffs
16.3 Unilateral Undertakings
16.4 Infrastructure Trusts
16.5 Review Of Agreements
16.6 Public Participation
17.0 Third Party Appeals
18.0 Reforming Appeal and Inquiry Procedures
18.1 Reducing The Time For Lodging An Appeal
18.2 Appeals Against Non-Determination: Dual Jurisdiction
18.3 Appeals Against Non-Determination: Timing
18.4 Seiru Should Be Put On An Independent Footing
19.0 Enforcement
19.1 Notification Of The Commencement Of Development
19.2 Publicity For Enforcement Action
19.3 Power To Levy Fiscal Fines
19.4 Breach Of Condition Notice To Have Continuing Effect
19.5 Recording Of Enforcement And Breach Of Condition Notices
19.6 Stop Orders
19.7 Discouraging Appeals
19.8 Time Limit For Commencing Proceedings
20.0 Local Authority Development
21.0 Crown Immunity:
22.0 Institutional Changes
22.1 Planning Commission
22.2 National Consultative Group
22.3 Local Planning Forums
23.0 Advertisement Control
23.1 Simplifying Advertisement Control
23.2 Neighbour Notification
24.0 Protection of Trees
25.0 Compulsory Purchase and Compensation:
25.1 The Acquisition Of Land For Development
25.2 Allowance For The Compulsory Nature Of The Acquisition
26.0 Judicial Review
Conclusion
Appendix: Listed Buildings and Conservation Areas
Partial Demolition
Right To Object To Listing
Notifying Scottish Ministers
Ecclesiastical Exemption
Urgent Works To Preserve Ancient Monuments
Having Special Regard To Ancient Monuments
Designating A Conservation Area