GENERAL QUESTIONS
Q59. Concerns about the complexity of the proposed changes and the challenge for training staff and culture change. The timescale for implementation by the end of 2008 is too ambitious for local authorities. Is there wider awareness of the changes among community councils, stakeholders, etc.? These groups may not be aware of the changes and this may result in a delay down the line which local authorities will have to deal with.
A59. The Planning Bill received Royal Assent in December 2006 and prior
to that the reform proposals had been the subject of extensive consultation as well as being published in the White Paper. Since the enactment of the Bill there has been further consultation on the implementation of the reform proposals in subordinate legislation. There have been additional discussions with individual planning authorities e.g. through the regional seminars and at a meeting with Heads of Planning and with other stakeholder bodies. For over three years we have been discussing the reform proposals with everyone who has an interest in the planning system.
We are aware that planning authorities across Scotland have made varying degrees of progress in their preparations for the introduction of the modernised planning system. At the local level decisions on training staff, disseminating information about the reform programme and the resourcing of planning services are the responsibility of planning authorities. Meanwhile, we are working to provide clear guidance to support the introduction of the new system, and will continue to raise awareness of the changes among users of the system and other stakeholders.
Q60. Does the approach to establishing the 'need' for national developments within the National Planning Framework undermine the consideration of the developments' planning merits?
A60. No. Identification of a project as a national development in the NPF is the mechanism for establishing the need for such developments and the new legislation requires planning authorities to take the NPF into account in preparing their development plans. Where applications for national developments fall within the scope of the Planning Act, there will be a new process for their determination, which will give Scottish Ministers the opportunity to intervene where necessary to expedite decisions. However, planning (and other permissions as necessary) will still be required to deal with the details of the developments. As designation establishes the need for the project, any subsequent examination will not be concerned with the principle of the development.
Q61. Will applications that are called in by Ministers be subject to timescales?
A61. Called in planning applications will continue to be considered by reporters and will be subject to the same timescales as appeals. There are long-established targets for making final decisions on called in applications after submission of reporters' reports and we have no plans to change those timescales.
Q62. Will the Government's e-planning strategy apply to cases that are called in by Ministers i.e. will the Government accept ministerial call in information electronically?
A62. Yes. Planning Decisions Division had hoped to trial this with one planning authority but with no progress so we are now turning to Glasgow City Council who are keen that this part of the process should be enabled.
Q63. Has some thought been given to the future use of the Edinburgh Gazette?
A63. Yes. In coming to a view on future use of the Edinburgh Gazette, we have been mindful that use of the Gazette may be appropriate in certain cases. However, what is considered as an appropriate method for advertising a proposal should be tailored to the individual circumstance.
Q64. The practicalities of knitting together the timescales for comment by the general public may cause difficulty (21 day periods from the time the application is registered; from advertisement/notification; and of publication on public access website). Can a clear cut-off date be established?
A64. As the planning authority will in future be responsible for registration, neighbour notification, entry on lists, advertisement and publication on web, then it is for them to set a coordinated deadline, minimum of 21 days, within which representations in response to notification, list, advert etc should be made.
Q65. Can advertising fees attached to application by a developer also include administration fee by planning authority?
A65. The GDPO already allows for planning authorities to recoup the costs involved in arranging an advertisement.
Q66. Is it possible for the planning and HMO licencing processes to work in tandem with one another?
A66. It's not possible for both processes to work in tandem just now, as they are governed by two separate regimes ( i.e., planning and licensing). However, current planning guidance on HMOs (Circular 4/2004: Houses in Multiple Occupation - Guidance on the interface between planning control and licensing) recommends that planning and licensing functions should work together to ensure an effective system. The current consultation on SPP3 proposes that local authorities should establish planning policies to control the density of HMOs, where this is considered necessary. This approach allows local authorities to respond to local circumstances, but does not require them to enact such policies where HMOs are considered unproblematic. The consultation seeks views on ways to encourage planning and licensing to work together better, and responses to this question will be considered in taking forward planning guidance on HMOs.
Q67. What will the interaction be between the new planning system and Listed Building Consents?
A67. Planning applications and those concerning listed building consent will continue to be processed under separate administrative procedures.