1 INTRODUCTION
Background
1.1 The Scottish planning system is undergoing significant modernisation to create a system which is efficient, fit for purpose, inclusive and which fosters sustainable development. This represents the planning system's most considerable overhaul in more than 60 years and necessitates a step-change in the way the system is delivered.
1.2 The Scottish Government's commitment to modernisation stemmed from a common perception that the planning system is not serving Scotland well. The aim is to promote a system that is positive and dynamic and which facilitates the Government's overall purpose of increasing sustainable economic growth. An important aspect of modernising the planning system is improving efficiency and ensuring that the system responds proportionately to proposals that come before it.
1.3 The White Paper Modernising the Planning System published in 2005 led this agenda by setting out a wide package of measures to realise the aim of modernising planning in Scotland.
1.4 The Planning etc. (Scotland) Act 2006 introduced the necessary changes to primary legislation, on which a succession of proposals for implementing secondary legislation and associated guidance have been brought forward.
1.5 The Modernising Planning Appeals consultation forms part of this wider work, and is one of a series of recent and current consultation exercises being undertaken to develop secondary legislation.
Modernising Planning Appeals (Feb 2008)
This consultation paper sought comments on proposed changes to the planning appeal system in Scotland. The Government's proposals are intended to make the process for challenging planning decisions more efficient without reducing the high quality of determination provided under present arrangements.
Development Management (Jan 2008)
This consultation paper set out proposals to make the processes around planning applications fit for purpose and responsive to different types of development proposal; improve efficiency in determining planning applications; and improve public involvement in the consideration of proposals requiring planning permission.
Draft Regulations on Development Plan Examinations (Dec 2007)
These draft regulations are intended to provide more certainty by setting out in legislation the scope and key procedures for the examination.
Draft Regulation on the Planning Hierarchy (Dec 2007)
The draft regulations are intended to provide a more proportionate approach for dealing with planning applications, recognising that the system has to deal with different types of development of varying scale and complexity. The proposed definition of "local development" is also relevant here to criteria for delegation.
Draft Regulations on Development Planning (Oct 2007)
The draft regulations have been designed to provide a minimum set of requirements to ensure that Scottish Ministers' priorities for the operation of the development planning system are achieved.
Planning Enforcement Regulations 2007 (Oct 2007)
The draft regulations set out the new powers for enforcement of planning controls as introduced by the Planning etc. (Scotland) Act 2006.
The Consultation Paper
1.6 The Modernising Planning Appeals consultation paper sets out detailed proposals for change to the planning appeals system. These changes seek to address concerns that the current system makes it difficult for members of the public to engage, and that a more efficient system is needed.
1.7 Core to the changes proposed through the consultation paper are three sets of draft regulations on schemes of delegation, local review and appeals procedures. A series of 15 specific consultation questions are included relating specifically to these regulations and other elements of the consultation paper below. Consultation questions are summarised in relevant sections of the report, and a full list appended to this report.
Schemes of delegation
1.8 A requirement would be placed on planning authorities to draw up a new scheme of delegation with elected members focussing on the most complex and controversial cases. The intention is that greater use is made of delegation and that officers should take the full range of decisions on applications for local development unless there are clear reasons why they shouldn't. These reasons include where applications are significantly contrary to the development plan, involve EIA development, have attracted a significant level of objection or where the planning authority has a financial interest.
Local Review Bodies
1.9 Where an applicant is dissatisfied with a delegated decision, or the failure to take one, they will be entitled to require the planning authority to review the case. This is a significant change and is one which must not reduce the quality of examination. Any local review process should adhere to high standards, members should be fully trained, clear timescales should be adhered to, clear reasons given to justify decisions, and crucially the local review body must demonstrate independence from the original decision taker.
1.10 A 3 month timescale for requesting review was proposed. Third parties would not be invited to make additional comments to those made during the course of considering the planning application. Each review body should comprise of between 3 and 5 elected members with a wider pool of trained elected members to be available when conflicts of interest arise and timescales for coming to a decision have been altered.
Appeals Procedures
1.11 A reduction of the timescale for requesting appeal to 3 months was proposed. The method of examination for an appeal would be decided by Ministers, and the introduction of new material restricted to frontload the system and to ensure that the information at appeal stage is largely that which was before the planning authority when the original determination was made. While precognitions will be retained they will be restricted to a length of no more than 2,000 words.
Crown Development
1.12 Most applications for Crown development are expected to follow the same procedures as any other comparable non-Crown development proposal. Further provisions are being considered to handle cases where the disclosure of information would not be in the national interest - cases of national security for example. The new legislation would impact on applications involving sensitive information.
Other
1.13 In addition to questions relating specifically to draft regulations and Crown development, the consultation paper also sought views on the extent to which regulations may have an impact on the business or voluntary sector and on particular societal groups. A final question asked respondents for any other comments or queries not covered up to this point.
Report Structure
1.14 This research report summarises the full range of responses to the consultation paper, taking each of the regulations and associated consultation questions in turn:
- Section 2 examines the overall profile of responses to the consultation exercise, including the main respondent categories;
- Sections 3 to 5 deal with the responses to the main regulations on schemes of delegation, local review bodies and planning appeals;
- Section 6 considers issues raised around Crown development, potential impacts on specific groups and other comments made in response to the consultation; and
- Section 7 highlights emerging themes and key points as raised by respondents.