Executive Summary
1. The consultation on Draft Regulations on Development Planning was launched in October 2007 and responses were to be received by 20 February 2008.
2. The consultation attracted 98 responses of which 37 were from planning authorities, national park authorities and joint structure plan teams, 19 from businesses and developers, 8 from planning and related professionals, 16 from national and regional agencies, 6 from environment and heritage groups, 4 from community councils, 6 from individuals and 2 others.
3. The majority of the proposals are supported by the respondents however some comments seek the addition or removal of some requirements. Those proposals receiving particular support include those for the introduction of development plan schemes ( DPS), key topics for strategic development plans ( SDPs), primacy of text remaining, minimum publication requirements, action programmes and the list of key agencies.
4. There was a mixed response to the proposals for the transitional arrangements, departure from examination recommendation, neighbour notification and the use of accurate proposal maps. One particular requirement which was not supported by a large number of respondents was for a notice regarding the publication of an LDP in the Edinburgh Gazette.
5. A common concern which runs throughout the responses to the consultation relates to some of the wording which is thought to be too vague and open to interpretation which could lead to legal challenge. For example in the neighbour notification section it is stated "those who may be expected to want to comment". This is open to the planning authorities' interpretation and there are fears that if an individual is not notified, they could challenge the proposed plan on the basis that they have not been consulted.
6. A common theme running through the planning modernisation consultations has been the issue surrounding resources. A number of respondents felt that more resources would be required to implement the new LDP process especially with the introduction of neighbour notification particularly in remote areas such as the Western Isles and Highland. Respondents were also concerned about the ability of the key agencies and consultees to respond to consultations once the new system is in place as they could be overwhelmed with requests from local authorities commencing SDPs and LDPs at the same time.