Designation and Engagement of Statutory Consultees
Local Authorities
Aberdeen City Council: This is the formalising of an existing procedure. However, given the overall aims and other measures proposed, the timeous receipt of Scottish Environmental Protection Agency, would be even more crucial. This may have education and resource implications for other public bodies. A duty to engage is not, however, sufficient. It is important that there is also a requirement for public bodies to align their plans and commit to implementation.
Angus Council: This is fully supported by Angus Council, which would also reflect the duty for a wide range of bodies to participate in Community Planning as part of the Local Government in Scotland Act 2003. It recognises that the planning system is the main means of delivering those aspects of the Community Plan which impact on the development and use of land. The Development Plan has a key role in providing a land use planning framework integrating the investment programmes, plans and strategies of other bodies.
City of Edinburgh Council: This is only a start in the process of aligning investment programmes to support the delivery of sites and infrastructure for development. Investment plans of bodies such as Scottish Water will be critical to the effectiveness of the "action programmes". The Council requests that the Scottish Executive considers a stronger mechanism for the delivery of infrastructure rather than engagement in the process. This could apply through links to the Scottish Executive's existing approval of agencies' investment programmes.
Comhairle Nan Eilean Siar: A duty to contribute would help achieve more integrated effective land use guidance. Certain bodies are not covered adequately on the list (currently SNH, SEPA, LECs and Scottish Water) and the Crofters Commission could be considered. Communities Scotland should be considered from a housing viewpoint. It is important to ensure effective involvement from agencies covering utility/electricity provision. All of these bodies influence land use change and investment allocations. Equally, statutory consultees should take account the Development Plan in the preparation and approval of their plans and strategies.
East Dunbartonshire Council: This is welcomed as it has not always been possible to encourage consultees to fully engage at the early stages of plan making. The paper is very vague as to what constitutes "engagement".
East Lothian Council: The requirement for important agencies to become involved in preparing development plans is welcome, however the test will be in the level and quality of input achieved and the whether these agencies are willing to alter priorities, and expenditure, to align them with the development plan. A key factor in this will be the level of commitment in all parts of the Scottish Executive, experience to date has been that there is no commitment outside of the Development Department.
East Renfrewshire Council: Supported in principle. However, the requirement for designated consultees to engage in the process needs to be developed further to ensure that they effectively contribute to the process and align their priorities and programmes with the provisions of the Development Plan.
Fife Council: This is strongly supported. In the past, National Agencies have not engaged adequately in development plan process, choosing instead to submit comments at the Planning Application stage, leading to considerable uncertainty for developers. All relevant Agencies should be named (including Network Rail, Scottish Enterprise, Scottish Water & other utilities, NHS, Crown Estates and Forestry Commission), as their own strategies and investment plans impact heavily on Planning. Scottish Executive departments, including Trunk Roads, also need to engage in process.
Glasgow City Council: Welcomes the designation of statutory consultees in the development plan process. All the statutory bodies were consulted during the preparation of City Plan 1. While this proposal is welcomed, it is considered that there would also be merit in placing a statutory duty on these bodies to align investment programmes with the development plan. This would reinforce the plan led system. The inclusion of the regional transport authority as a statutory consultee would also be beneficial. The input by statutory consultees ( e.g. Scottish Water) to the preparation of development plans should assist in helping identify development and regeneration opportunities and constraints during the production of City Plan 2.
Inverclyde Council: This is absolutely essential. If there has been one major reason to explain the public and indeed the professions' loss of faith in the ability of planning to deliver, it has been that the statutory undertakers and other stakeholders have not been brought fully into the process. However, to have any hope of success, some form of mandatory sanction would need to be imposed on them to assist delivery of agreed priorities, proposals and projects and ensure that decisions are not reneged upon at the development control stage.
North Lanarkshire Council: Engagement of statutory consultees in the process is welcome - it will be particularly important that they engage in the Action Programme as well as the Development Plan itself.
Perth & Kinross: The proposal to put the Development Plan process at the heart of decision making for statutory organisations as well as the Council is welcomed. It is unclear whether this duty to engage will extend to Scottish Executive functions, in particular the trunk road function, as key infrastructure providers. Ministers should be urged to ensure the Scottish Executive in exercising its own functions also fully engage in the process in the same manner as envisaged for other agencies.
West Lothian Council: This proposal is supported. The replacement of draft plans and finalised plans with a key issues report and a proposed plan should simplify the process and reduce preparation times. However, benefits here may be offset, to some extent, by the need for more frequent inquiries for local development plans (every five years), mandatory examinations for strategic development plans, and an additional stage in the local development plan process where authorities need to seek Ministerial approval to depart from the reporter's recommendation. The proposals are also contrary to the current Strategic Environmental Assessment Regulations, in that these regulations require the preparation of draft plans. This issue will have to be resolved as part of the process
Other LA Organisations
COSLA: Need to ensure that real dialogue is taking place with other departments, other Ministers and other statutory consultees to ensure that there is no repeat of situations such as that which currently afflicts Scotland's water and sewerage infrastructure.
Glasgow and the Clyde Valley Structure Plan Joint Committee
This matter requires clarification. The Joint Committee consistently engages key Government departments and Agencies, the Enterprise Network, and with a wide range of key stakeholders. As such, it has closely integrated these stakeholders into its decision-making process insofar as it has been able. The proposed purpose of designating such stakeholders as 'statutory consultees' is "to ensure... effective delivery", by requiring them "to engage in the process", However it is not understood what is intended that is not already part of a well-established joint working process. If the intention is to create greater linkages between the SOP and the designated statutory consultees' strategies and programmes, then this should be an explicit requirement of such designated status. If this designation of statutory consultees simply identifies key stakeholders and accords them a statutory role, then the provision adds nothing to the current process.
Non Departmental Public Bodies
Defence Estates: Defence Estates wishes to ensure that the advice for planning authorities to consult directly with public bodies in the production of development plans is re-emphasised in the context of the White Paper
Health & Safety Executive: In the light of the importance and primacy of development plans, the Executive would wish to be one of the statutory bodies consulted as this will ensure that proposed developments are not blighted at a late stage by lack of consideration of MAH sites in the plan.
Scottish Enterprise: The Network believes that it should be a statutory consultee in the determination of each of the statutory plans, to reflect the ambitions of each Metropolitan region. Scottish Enterprise is supportive of the statutory requirement on Local Enterprise Companies to engage in the deliberations of Local Development Plans and agrees that it should ensure better co-ordination of spending and policy decisions. However, the Network is conscious of potential resourcing issues and would welcome further discussions as to the applicability of Network staff benefiting from the Executive's planned expenditure on training needs and skills gaps as outlined in the White Paper.
Scottish Enterprise Dumfries and Galloway: Scottish Enterprise Dumfries and Galloway ( SEDG) would welcome involvement in the development of the Local Development Plans, as well as being an advisor on strategic economic development applications in order to ensure fit and increased value locally and nationally. An omission from the White Paper is the importance of performance contracts with other regulatory bodies, such as Historic Scotland, Scottish Water and SEPA. Their early involvement and engagement in the development process is crucial in ensuring the Local Development Plans are both strategically deliverable and can adequately influence and guide proposed developments.
Scottish Environment Protection Agency: The Agency already engages in development planning across Scotland and indeed our internal procedures identify development plan consultations as highest priority casework. Accordingly, SEPA considers this to be a positive move aimed at promoting a collaborative approach to plan preparation. Further clarification regarding the extent of engagement and the roles expected of these bodies would however be required before we are able to comment in detail about any practical or resource implications.
Scottish Natural Heritage: We welcome the proposed role of SNH, in conjunction with partner bodies, as statutory consultees in the preparation of development plans, along with the requirement on such bodies to engage in this process. Appendix 8 extends this to include a duty on public bodies to 'take account of development plans in their policy formulation and decision making'. This could have significant practical implications for SNH and we would welcome further discussion to clarify this proposal. We also welcome the suggested requirement for 'early engagement around a report on the key issues' before preparation of the 'proposed plan'.
Sportscotland: We note the proposals to designate statutory consultees for development planning. Sportscotland would wish to be considered for a more formal role in the development planning process although this would have to be considered against the resource implications for the organisation.
Scottish Water: The proposal to designate Scottish Water as a statutory consultee for all new Development Plans is welcomed as this should encourage further involvement of the local planning authorities in shaping Scottish Water's investment programmes and improve the representation of the water and wastewater industry in the development plan-making process. In line with the sustainability objectives of the white paper there should be an aim to maximise the use of available capacity in Scottish Water's assets before new assets are required to meet demand. We look forward to contributing. It was noted that of all the consultees nominated, SW is potentially the only one with development interests.
The Crofters Commission: The Commission's active engagement in local planning issues depends on our capacity to engage and the willingness of the planning authority to involve us. As a basic legal principle the Commission should not have two opportunities to influence a formal legal process such as the granting of planning consent, yet, the Commission is probably better placed than most individuals or organisations to facilitate effective discussions with grazings committees. The Commission might become a statutory consultee for the purposes of planning, but this might slow down local plan preparations rather than speed them up. On the other hand, as grazing committees and crofters can literally control the release of land, it may be unwise not to involve them more closely and at an earlier stage in the planning process.
Other Public Bodies
Central Scotland Forest Trust:CSFT supports the designation of statutory consultees for development planning, and in particular the proposed inclusion of environmental agencies in this process. Consideration should be given to the inclusion of Forestry Commission Scotland ( FCS) in this process, given increased Scottish Executive and FCS recognition of the importance of woods in and around towns for public benefit. Consideration should also be given to adding the Central Scotland Forest Trust to the list of statutory consultees, for local authority and city region development plans which overlap the Central Scotland Forest boundary.
NHS Lothian: There must be full and early engagement of health planners with the local Planning System when development plans are being drawn up. NHS Lothian is coterminous with the local authority boundaries of Edinburgh, East West and Mid Lothian, and unlike most other parts of Scotland, is experiencing growth in the population which it serves. Current indications are that circa 9 new primary care centres will be required to meet the routine healthcare needs of this population. The pressure on land for development within all parts of Lothian is intense, and it is vital that appropriate provision is made to identify sites for current and future health service needs. NHS Lothian works closely with its 4 local authority partners to seek to address these issues, and the Community Planning processes now led by Local Authorities, along with the development of Community Health Partnerships, has provided the local joint planning frameworks to help us progress all aspects of needs assessment and planning for services on a more integrated basis.
Strathclyde Passenger Transport:SPT (and in future the statutory RTPs) should be added to the list of authorities with a duty to participate in the preparation of development plans, in particular since the future RTSs will be statutory documents. Similarly, they should also gain the status of statutory consultees on other planning matters. Because of the strong links between transport planning and other land use planning, we are already engaged with the Structure Plan teams and local authority planning departments. The relationship should be put on a more formal basis, with regional transport authorities becoming statutory consultees on Strategic Development Plans and Local Development Plans.
The Development Industry
Bett Homes: We would support the Executives proposal for a statutory requirement for wider agency engagement in the plan preparation process and a requirement for these agencies to reflect development plan policy in their investment decisions. If the Plan Led system is to be robust, confidence in the deliverability of the proposals is of paramount importance.
EDI Group Ltd: The statutory duty to be placed on agencies, e.g. Scottish Water, to engage in development planning, is welcomed. This proposal should be underpinned with guidance on the critical role of these bodies as consultees on planning applications and their need to work with local authorities in prioritising applications for major developments. Guidance on Development Plan consultees is required.
Glasgow Harbour Ltd ( GHL): Statutory bodies such as SEPA and SNH have significantly increased workloads due to the SEA, and other, obligations. These bodies are proposed to be included as statutory consultees for development planning. It is clear that the local authorities and the statutory consultees will be key to the success of the proposals to improve the efficiency of the development plan system and hence the planning system as a whole. We would question whether the local authorities and statutory consultees have the resources to undertake the proposals successfully. A full costing exercise of the proposals requires to be undertaken and the necessary resources require to be made available to the planning authorities and the statutory consultees as appropriate.
Homes for Scotland: We support the proposals in the OFC (page 40) that consultees should be obliged to give a substantive response to any consultation before the end of the prescribed period.
Manor Kingdom Group: We support the proposals in the OFC that consultees should be obliged to give a substantive response to any consultation before the end of the prescribed period.
Persimmon Homes: This is a very necessary proposal if resulting plans are to be implementable and not constrained by service capacity and is therefore supported.
Other Businesses
Association of Electricity Producers: We welcome the designation of statutory consultees and would encourage them to engage in the planning process. However, we would like to ensure that the statutory timescales set out in the planning White Paper apply equally to statutory consultees, developers and planning authorities. Without such a requirement the increased efficiencies of the proposals in the White Paper are unlikely to be realised.
CBI Scotland: We support the plan to designate statutory consultees for development planning and require them to engage in the planning process. Their informed, co-ordinated and early contributions will be critical to the drafting of local and strategic development plans. This is particularly true of Scottish Water. However, the statutory consultees have a broader role to play in actually reshaping the locus of the planning system. If organisations such as SEPA or SNH adopt a narrow, environmental focus on what the outcomes of the planning system should be, the vision articulated so clearly by the First Minister and the Deputy First Minister will probably not be realised. These organisations must accept that promoting sustainable economic growth is a legitimate role for a modern planning system, and the Executive must give them appropriate instruction to act accordingly.
Federation of Small Businesses: The FSB notes the intention to designate statutory consultees for development planning. Given the crucial importance of planning to economic development it is imperative that businesses be designated consultees as well as community representatives. In addition, designating LECs as consultees is not a satisfactory means of consulting business.
Mobile Operators Association ( MOA): We would also hope that our members could become statutory consultees in the development plan process. This is already the case in England and Wales where the MOA have been providing comment to LPAs on their emerging Local development Schemes (their replacement to Local Plans) on behalf of their members. It is important that infrastructure providers have input so that future development can be catered and planned for within the development plan system.
National Grid: Whilst we are not currently a statutory consultee National Grid believes that as an important stakeholder in the planning process we should be involved in the preparation, alteration and review of relevant Development Plan documents and also in the determination of significant planning applications, which may affect our assets. The new system needs to ensure that Planning Authorities consult and engage with National Grid at the outset in policy formulation and not just those organisations, which they are required to consult.
Scottish Chambers of Commerce: Concerns voiced previously at Executive's 'Paying for Water Services' seminar, Sept 2004 that lack of water and sewerage infrastructure can act as a constraint on development, which is particularly frustrating where developments already have planning permission. This proposal should help align the plans of key organisations such as Scottish Water with Local Development Plans at an early stage in the process. Early input from the new statutory Regional Transport Partnerships and LEFs will be desirable too, statutory or otherwise.
Scottish Power: We would recommend that the role of statutory consultees needs to be intrinsically involved in the reform of the system. The proposed amendments to the Planning System have been suggested in isolation from the statutory consultees ( SC). Any efforts to make the current system more efficient are dependent on the co-operation of the SCs and this is not highlighted within the document. Recent amendments to the English planning system via the 2004 Planning & Compulsory Purchase Act have introduced a mechanism where statutory consultees will have to respond to requests for advice within 21 days. This requirement should be utilised in Scotland. Consideration should be given to a separate consultation on Statutory Consultees. This should consider a definition of statutory consultees, their roles and their responsibilities. This would ensure a level of consistency and professionalism from statutory consultees within the new Planning System.
Universities Superannuation Scheme Ltd ( USS): Statutory bodies such as SEPA and SNH have significantly increased workloads due to the SEA, and other, obligations. These bodies are proposed to be included as statutory consultees for development planning. It is clear that the local authorities and the statutory consultees will be key to the success of the proposals to improve the efficiency of the development plan system and hence the planning system as a whole. We would question whether the local authorities and statutory consultees have the resources to undertake the proposals successfully. A full costing exercise of the proposals requires to be undertaken and the necessary resources require to be made available to the planning authorities and the statutory consultees as appropriate.
Professional Organisations
Association of Regional and Island Archaeologists:ARIA notes Historic Scotland is not included on the list, but recognises that the listed names are examples only. Nonetheless the questions need to be asked re who will be the statutory consultees for the historic environment, particularly in respect of unscheduled archaeological resources, and who is the responsible public body? SMRs are not currently statutory, two Councils currently do not provide, or have access to, an SMR, and many of our members do not work directly within a planning environment.
Institute of Civil Engineers Scotland: This will be critical and it is suggested that the list of bodies be augmented by a wider range of groups that include the views of the full range of industries which may be affected by the plan.
RIAS: Effectively, the planning system has fallen into disrepute, not necessarily because of the actions or inactions of planners but because of lack of urgency and co-operation by other sections of the local authority, other government organisations and the public utilities. The RIAS takes the view that resolving these issues is a key to improving the position in terms of processing planning applications. If these organisations were tied in much more closely with responsibilities to respond in terms of supplying information and supplying infrastructure to a given time scale, many of the perceived problems with the planning system would disappear. We appreciate that this may not be an easy thing to achieve but it is, nonetheless, a key component of improving the planning system. The RIAS would very much like to see impetus on the part of government to develop a much more flexible and accommodating attitude by many of these agencies. We appreciate that public utilities are constrained, not least financially, but none the less it must be appreciated that power, water and drainage must be available if developments are to go ahead reasonably promptly. The mechanisms in government and within these organisations for dealing with these issues are extremely slow and create frustration for those attempting to move developments forward.
RTPI Scotland: We strongly support the proposals to engage statutory consultees such as SNH, SEPA, the Scottish Enterprise LECs and Scottish Water in development planning. It is essential that this engagement takes place from the start. Some lessons can be learned from the French regional planning system which requires position statements to be submitted by such consultees at the outset of the process so that their performance in engagement is as transparent as that of the planning authority itself at all subsequent stages. The consultees referred to are external agencies of government. We consider that the Scottish Executive itself as a highways authority in particular should be subject to such obligations. The position of local authorities' own highways authorities should be considered in this regard. From the point of view of frameworks for tariffs for developer contributions, to be brought forward in development plans, other bodies such as health authorities and education authorities should be considered for this status.
The Law Society of Scotland: The proposal to require other public bodies and essential infrastructure providers such as Scottish Water to engage in the plan preparation process is welcome and should be compulsory. However, the benefit of this will be lost unless such bodies are also required to have regard to development plans when they discharge their functions. Similar concerns about integration of their plans and programmes into the SEA process are relevant.
Planning Consultants, Architects and Lawyers
Drivers Jonas: Statutory bodies such as SEPA and SNH have significantly increased workloads due to the SEA, and other, obligations. These bodies are proposed to be included as statutory consultees for development planning. It is clear that the local authorities and the statutory consultees will be key to the success of the proposals to improve the efficiency of the development plan system and hence the planning system as a whole. We would question whether the local authorities and statutory consultees have the resources to undertake the proposals successfully. A full costing exercise of the proposals requires to be undertaken and the necessary resources require to be made available to the planning authorities and the statutory consultees as appropriate.
Muir Smith Evans: We strongly support the intention to designate statutory consultees for the preparation of development plan. The current system is frequently undermined because some public bodies decline to engage properly with the plan process, or become objectors at a very late stage having failed to engage earlier in the process.
Paull & Williamsons: We welcome the proposal to require statutory consultees to engage in the plan-making process; but it is important that such bodies should also be required to 'have regard to' or, preferably, 'give effect to' that plan in exercising their functions. There is a precedent for this with national park plans.
Academic Bodies
University of Edinburgh: The UoE supports the introduction of statutory consultees in development planning and believes it is crucial that utilities providers such as Scottish Water and SEPA are an integral part of development planning. It is also important that Development Planning take a more co-ordinated approach to Transport and the UoE would welcome the designation of the forthcoming Regional Transport Partnerships, or other body as appropriate, as a statutory consultee. UoE suggests a further category of "formal consultee" where bodies such as itself that have substantial property portfolios and are major users of the planning system are given the opportunity to be involved in the strategy for development planning.
Community Councils
Broughty Ferry Community Council: We feel that the early involvement of bodies such as SEPA is essential, particularly where flood risk and large housing are proposed.
Currie Community Council: We note that local people can be involved in the initial stage of preparation of a Development Plan - the 'proposed plan" stage. However, "statutory consultees" do not include Locally Representative Bodies or Community Councils. We consider that the definition should extend to Locally Representative Groups and Community Councils.
Gatehouse of Fleet Community Council: The engagement of statutory consultees is a very welcome development. You are no doubt aware of the shortcomings of Scottish Water in the south west of Scotland resulting in severe restrictions on development owing to a shortage of capacity in their services.
Kennoway Community Council: Health Boards should be included in the list of statutory consultees.
Kinghorn Community Council: 'Statutory consultees', would appear that this is at a higher level than community. What body would be considered as representing the views of community? Such as at a local level this would be the Community Council. Those bodies suggested all have a single focus and therefore their agenda whilst considering some public aspects would be on their specific field.
Mid Atholl, Strathtay & Grandtully Community Council: At present Community Councils are statutory consultees. They are not mentioned in this document. Community Councils, as the elected representatives of local people must remain statutory consultees.
Voluntary Organisations
Gatehouse Development Initiative: There is an evident problem with Scottish Water, who it seems are often incapable of providing the necessary water or drainage for development. I understand that in England developers can supply their own services independently of their quango. Can you include this in the Bill?
Scottish Council for Voluntary Organisations: Recommends that a right to representations from interested local groups or organisations based in the area in the preliminary plan stages be included in the legislation.
Scottish Federation of Housing Associations: Guidance must be produced to require local authorities, Scottish Water, housing associations and Communities Scotland to develop effective co-ordination mechanisms to achieve appropriate prioritisation of work to remove development constraints and ensure that land designated for social housing has relevant infrastructure services in place. Local housing development forums as used in Highland should be encouraged as good practice in this context.
Scottish Health Impact Assessment Network: At present, NHS and other health organisations are not among the statutory consultees nor are they routinely involved in the creation of structure plans or local plans. NHS and community planning health group input into development plans on a routine basis would be a significant improvement on current arrangements. In turn, this would enable, for example, engagement with health service planners in relation to health service needs for both primary and secondary care and with public health and community planning health groups for more general population health issues when detailed planning applications are submitted for major residential developments. This means new skills and expertise as well as working relationships will be required of both local authority and health professionals. Community planning health groups and NHS boards, specifically Public Health departments, might be the best point of contact for such involvement in National and Major Developments and any Local Developments subject to exemption criteria.
Scottish Renewables Forum: We welcome the aim to designate relevant bodies as statutory consultees and encourage them to engage in the process. Unless statutory time limits both in relation to development plans and application processing are adhered to this will be an exercise of limited value. Unless some form of sanction is imposed for failing to meet targets, the White Paper's proposals are unlikely to result in improvements in this regard. Recent amendments to the English planning system via the 2004 Planning & Compulsory Purchase Act have introduced a mechanism where statutory consultees will have to respond to requests for advice within 21 days. Perhaps this should be mirrored in Scotland?
Private Individuals
Anonymous: As far as statutory consultees (e, g. SNH, Historic Scotland) are concerned, it does not seem feasible or just that that they should be consultees for proposals and then participate in the decision-making process - they cannot be "judge and jury" at one and the same time. From the public point of view, these consultees are rarely perceived as being truly independent of government, which undermines their credibility in the eyes of the public. To deprive the public of the right to appeal, or the possibility of a Public Inquiry only further undermines the credibility of the whole planning system, where transparency should prevail at every level, no matter how large or small the planning application
Lee, David: Elevate Community Councils to Statutory Consultee If community bodies are to be properly represented in the planning process then it would be fair that their opinion is given equal weight to that of other third-party bodies such as SEPA and SNH.
McDougall, Duncan: Steps should be taken to ensure that consultees are either 'informed', and therefore able to contribute, or genuinely interested in the issues and have a need to be informed. There should be better liaison with the Scottish Executive regarding trunk roads (page 50 etc.). For example, in December 2004 I responded to the Consultation Document prepared by Midlothian Council on certain aspects of the Edinburgh and Lothians Structure Plan 2015. In addition to observations on the potential sites identified, I indicated certain serious errors concerning the safe-guarded route for the proposed Pathhead by-pass, A68, and also put forward points that indicated that certain aspects of the proposed route were affected by materially changed circumstances. My submission was copied inter alia to the Midlothian MSP Rhona Brankin. I am still awaiting comments from Midlothian Council, although my submission has been acknowledged, and apparently placed on record.
Oliver, Jean: Local Outdoor Access should be consulted.
Piggins, JM Dr: I am most surprised that community councils do not appear in the list on page 26.Community councils are, after all, the elected bodies representing opinion on the most geographically local basis, and should surely have an input to the development plan for the area.
Politicians and Political Groups
Kennedy, Margaret Councillor: I would expect to have seen NHS and Education highlighted as they are most definitely an extremely important part of service delivery within our communities.