Scottish Government

IMPLEMENTATION

Development Plans

36. Development plans should be consistent with the policy framework set out in this SPP. The plans should identify a network of town centres, commercial centres and out-of-centre shopping areas, as paragraphs 10 to 14 indicate. They should also set out policies to support and enhance town centres. The policies should contribute to the key objectives of the overall development plan strategy and therefore reflect circumstances appropriate to the particular area. They should be evidence-based and set a framework for the development of more detailed town centre strategies.

37. Planning authorities should, in co-ordination with related strategies and stakeholders, assess how centres might accommodate requirements for new development and identify appropriate sites having regard to other policies of the development plan, for example transport and design. They should indicate whether, as part of the sequential approach, development may be appropriate outwith existing centres and if so, identify appropriate locations.

Assessing Proposed Developments

38. All planning applications should be rigorously assessed against the development plan and the policy set out in this SPP. The assessment should be applied to all new development, redevelopment or extensions to existing facilities, changes of use, renewal of planning permission and applications to vary or remove existing planning conditions concerned with the scale and or character of the development. Where appropriate, conditions should be used to ensure proposals adhere to policy (See paragraph 23). In summary, the assessment will need to ensure that, in all circumstances, both the following considerations are met;

• The proposal is of high design quality and at an appropriate scale for its location (see paragraphs 27 to 29).
• The location is, or can be made, conveniently and safely accessible to all sectors of the community (see paragraphs 30 to 33).

39. In addition, where the proposed development is not consistent with the development plan, the assessment should ensure that all the following considerations are met;

• A sequential approach to site selection has been used (see paragraphs 15 to 23).
• There is no unacceptable individual or cumulative impact on the vitality and viability of the network of centres identified in the development plan (see paragraphs 10 to 14, 17 and 35).
• The proposal will help to meet qualitative and quantitative deficiencies identified in the development plan (see paragraphs 14, 24 to 26 and 34).
• The proposal does not conflict with other significant objectives of the development plan or community planning strategies.

40. To ensure robust consideration of the above, an impact analysis should be undertaken in support of applications for retail and leisure development over 2,500 sq m gross floorspace outwith a defined town centre and which are not in accordance with the development plan. They may occasionally be necessary for smaller retail and leisure proposals and other town centre uses which may be considered to have a significant impact on vitality and viability. The analysis needs to consider the relationship with the network of centres identified in the development plan. In carrying out an analysis, a broad-based approach should be adopted. It should not be necessary to attempt detailed calculations or forecasts of a sector's growth as small variations in assumptions can lead to a wide range of forecasts. Parties should, where possible, agree data and present information on areas of dispute in a succinct and comparable form. Updated guidance on impact assessment relative to town centre uses will be published in the future in the form of a Planning Advice Note.

Notification of Applications

41. Planning authorities are required by the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997, as amended, to notify the Scottish Ministers when they intend to grant planning permission for:

• Development for the purpose of retail shopping comprising an area of 10,000 square metres or more of gross retail floorspace;
• Development involving retail sales which is such that the goods or services for sale are likely to be purchased to a significant extent by persons resident within the area of a local authority other than that in which the proposed development is to be situated, where the local authority of the other area, having been consulted, has made representations to the effect that planning permission should not be granted;
• Development which the planning authority considers to be a significant departure from an approved structure plan or a local plan approved by Scottish Ministers.

42. In addition, the Town and Country Planning (Consultation on Retail Applications) (Scotland) Direction 1996 requires planning authorities to consult other local authorities in respect of any development where the goods and services are likely to be purchased to a significant extent by residents within a local authority area, other than that in which the proposed development is to be situated. Further information is set out in SODD Circulars 4/1997 ¹³ and 15/1998 ¹⁴

43. These Directions are designed to reinforce policy by providing the Scottish Ministers with the opportunity to call-in applications for their own decision, although the general policy remains that applications will be called-in selectively and normally only where the proposals are of more than local importance.