Modernising the Planning System
The Executive published its long-awaited proposals for major reform of the planning system on 29 June 2005. The White Paper Modernising the Planning System was launched in Parliament by the Minister for Communities, Malcolm Chisholm, who underlined his determination to effect lasting reform, rather than merely tinker with the system, and "deliver a planning system … fit for the 21st century and one that is better, fairer and more balanced." This commitment was backed up in the joint Foreword to the White Paper by the First and Deputy First Ministers, who noted that a modern, up to date planning system was critical to the Executive's top priority of promoting sustainable economic growth. At time of going to print, it was expected a Planning Bill, containing those proposals that required legislative change, would be introduced later in this Parliamentary session.
The proposals set out in the White Paper were drawn up to fulfil the Executive's commitment "to strengthen the involvement of communities, speed up decisions, reflect local views better, and allow quicker investment decisions". This commitment aimed to respond to the common perception - reinforced by the Executive's consultations and research - that the planning system was not working well. Complaints included accusations that it was overly-bureaucratic, slow to respond to change, unpredictable and a block on development. Others, especially community groups, tended to regard the system as complex, intimidating, lacking in transparency and producing bad outcomes for the environment. In addition, the statistics - 70% of local plans over 5 years old, and 20% over 15 years old - demonstrate that the plan-led system was not working as it should.
In drawing up the White Paper, the Executive set itself four principal objectives - to make the planning system fit for purpose, more efficient, more inclusive; and to promote sustainable growth.
The White Paper was the culmination of a long process of policy development and consultation since the introduction of devolution in 1999. Many of the proposals contained in the White Paper were the result of successive consultations, such as Making Development Plans Deliver; Your Place Your Plan; or Modernising Public Local Inquiries. Others were new proposals which reflected the Executive's commitment to seizing the once in a generation opportunity to reform the planning system thoroughly. Comments on the practical implications of the proposals were invited by the Executive within a period of 3 months.
THE PROPOSALS
The proposals for modernisation:
- ensure that the planning system is fit for purpose, and able to respond to different types of development proposals in the most appropriate way;
- encourage greater efficiency by placing development plans firmly at the heart of the system, speeding up and simplifying development plan preparation and the determination of planning applications;
- make it easier for people to get involved in planning, and help to shape the future of their communities; and
- recognise planning's role in delivering sustainable development.
Fit for Purpose
To make the planning system fit for purpose, the White Paper proposes a new hierarchy into the planning system, so that it will be possible to plan effectively for a range of different types of development, and respond appropriately to applications according to their size and impact. Specifically, the White Paper proposes addressing applications differently, depending on whether they are national, major, local or minor developments.
Underpinning a new approach at national level will be moves to enhance the National Planning Framework as an instrument for securing the delivery of national policies and programmes. Among other things, the next National Planning Framework will introduce a new process for the determination of applications for developments of national strategic importance (called national developments), which will be subject to an expedited procedure and can be called in for determination by Ministers.
To deal with a range of key large-scale development proposals including housing and economic development, new procedures are proposed for the determining major applications, that will allow for processing agreements to guarantee efficient decision-making, and a higher level of fee that will link with the cost of expeditious processing of the application.
At a local level, new procedures are set out for determination and appeals of the majority of planning applications to be handled locally.
Finally, there will be a review of the extent to which applications for very small-scale development proposals (called minor developments) can be removed from the scope of the planning system.
GREATER EFFICIENCY
To make the planning system more efficient, the White Paper aims to revitalise development planning and the plan-led system. The White Paper sets out a range of new requirements in development planning to make the production of plans quicker, more predictable, more accessible and responsive to views of local people. Plans will be expected to be simpler documents that provide a clear vision of how our settlements and rural areas should evolve. They will need to take a long-term view, identify sufficient land to meet the key needs of economic growth and housing development and protect important natural and built heritage resources. They will be the core documents against which planning applications will be measured for determination.
Specific proposals include introducing a statutory requirement to update development plans every five years, moving to a single tier of local development plans everywhere apart from the four largest city regions, and introducing a requirement for one proposed plan, replacing the present system of consultative and finalised drafts.
Although the main focus is on development planning, the White Paper also proposes to make development control (or "development management") more efficient. The key proposals here include reducing the time limit within which an appeal can be submitted, following refusal of an application, from six months to three months; and improving the way in which planning agreements are used.
PROMOTING INCLUSION
Of equal importance to making the planning system more efficient, Ministers were determined to make the planning system more inclusive. Consequently, the White Paper introduces a wide range of measures designed to ensure a transparent and fair planning system, that will give local people confidence that their views have been properly considered as part of the decision-making process.
Specific measures include new procedures to ensure wide public participation in the formulation of development plans, including notification of key development proposals to neighbours. This is a crucial part of local people being able to influence the shape of development as early as possible in the process. As far as individual applications are concerned, new statutory requirements for pre-application consultations will be introduced, as well as a requirement for more frequent use of hearings. To ensure that this goes further than mere formalities, new procedures will also be introduced to assess whether local people have been engaged effectively in the development plan process, and in the processing of applications called in for determination by Scottish Ministers. In keeping with a revitalised plan-led system, new procedures are also proposed to subject applications that do not accord with the development plan to enhanced levels of scrutiny.
The White Paper also proposes to create a greater sense of equality by introducing early determination of appeals that are not well founded - for instance where they fail to address the reasons for refusal, or are against refusal of a proposal which does not accord with the development plan. New procedures will be introduced that ensure an appeal is a review of the decision taken in light of the information submitted, limiting the right to introduce new evidence to support the appeal.
Ministers have highlighted the need in particular for more effective use of existing enforcement powers and introduce amendments to enable better monitoring of conditions attached to planning permission, to create greater confidence and a wider sense of fairness in enforcement activity.
Finally, the White Paper also contains a commitment to publish a new Planning Advice Note ( PAN) which will identify best practice in involving local people in planning decisions. At time of going to print, work on this new PAN was underway.
SUSTAINABLE DEVELOPMENT
The Executive is determined that the planning system must play its part in ensuring that development is sustainable, and that it delivers high quality outcomes. The White Paper notes that the planning system is using Strategic Environmental Assessment to improve the way in which the environmental consequences of decision-making are addressed, and to enhance the levels of transparency in policy-making. It also recognises the need for the National Planning Framework and development plans to respond to requirements to meet our wider environmental obligations at European and international level.
CULTURE CHANGE
The White Paper recognises a need for a major culture change in planning in order to make the new proposals work. This goes beyond re-energising the planning profession itself (although that is important) and is relevant for all those who interact with the system - politicians, planners, developers, the Scottish Executive, and environmental groups. Our vision is of a planning system that creates a vision for the growth, development and protection of places, to ensure that planning facilitates Scotland's wider national objectives.
REACTION TO THE WHITE PAPER
Following the publication of the White Paper the Executive set about an extensive program of engagement with stakeholders. The aims of the engagement program were to set out and explain proposals contained in the White Paper, to listen to stakeholders' views and to take on board any comments on the practical or legal implications of the modernisation proposals.
To this end, senior planning officials travelled across Scotland to give presentations on the White Paper and discuss the proposed changes to the nation's planning system. This included meetings with the majority of planning authorities, as key partners in delivering the modernisation package, as well as meetings with environmental and community groups, business organisations, individuals, planning and other related professional groups.
The Executive also organised a series of three larger events, held in Edinburgh and comprising: a conference entitled Planning in Scotland - the Implications of the White Paper, held on
6 September 2005 with Holyrood Communications, and two White Paper seminars held at Victoria Quay on 23 August and
9 September 2005. These events provided an excellent opportunity to engage with a wide range of stakeholders and other interested parties such as individuals and community councils.
The feedback received on the White Paper proposals was generally positive and praise for the modernising package came from across the spectrum: public and private sectors, community groups, environmental groups, professional bodies and individuals. Concerns were raised in relation to certain of the proposals, though discussion more often centred on establishing how to make proposals work, rather than an outright dismissal of the proposal in question.
The core areas of interest emerging from the comments are:
- Ensuring development plans are up-to-date. This was felt to be vital in a plan-led system and central to establishing faith in the decision-making process. Suggestions were made that clear penalties and/or incentives should be in place to ensure planning authorities meet the statutory requirement and update plans every five years.
- Clearly defining Planning Hierarchy. Many of the requests for clarification centred on where developments would fit in the Planning Hierarchy. Establishing a clear definition/set of criteria for each level of development was seen to be of key importance to developers and planning authorities alike.
- Resources for planning authorities. Concerns were expressed on all sides that planning authorities need to be fully resourced to ensure the success of the modernisation package. Clarification was sought on the level of funding to be received by planning authorities, whilst the problems of recruitment for planning authorities and the need to address a perceived skills shortage were also highlighted.
- Composition and operation of Local Review Bodies. Clear guidance was sought on this matter. The make-up of these bodies and provision of appropriate training to members was seen as key to their success. A system of auditing/checking decisions made by Local Review Bodies was suggested to ensure consistency across Scotland.
Other issues raised at the White Paper events included: increasing public involvement in/scrutiny of the National Planning Framework ( NPF), increasing Planning Authorities' powers of enforcement, concern over the removal of outline planning permission, concern over the reduction of the period of appeal from six to three months, discussion on the operation of processing agreements for major developments and some debate on the issue of third party right of appeal.
These comments and written responses to the White Paper were taken into account by the Executive as an essential element in finalising the Planning Bill.