Scottish Government

Q5 Are there any potential impacts on the business or voluntary sectors that we should be aware of in finalising these regulations?

Various comments were received in relation to this question as shown below.

Impacts on Business

• Impacts on the aquaculture industry - low thresholds before having to complete compulsory 12 week pre-application discussions could jeopardise the long-term sustainability of the industry, adding lengthy planning delays would advantage foreign producers, impacting on the Scottish economy
• Ensure where appropriate consistency with planning regimes across the UK
• Federation of Small Businesses recommend that the regulations consider prioritising non-domestic local developments, commenting that the speed of processing minor non-domestic applications is considerably below the average processing time of domestic applications
• Delays in decision making can affect the overall viability of a project eg causing a tourism business to miss its first summer which is crucial to its overall success
• Could be additional pressures on businesses seeking relatively minor changes within larger sites
• Developers may use the thresholds to avoid the requirement to undertake pre-application consultations with local communities, which could lead to a fragmented approach to development
• Pre-application consultation (12 weeks) will have cost implications for developers and substantial impact on timescales
• Cost of processing agreements will be a consideration for business
• Longer lead-in time during public engagement should be compensated with shorter actual processing times.
• Important that planning authorities implement appropriate procedures to ensure that the additional processes do not slow down the process.
• Higher application fees for developers of major developments
• The property industry ( SPF) will wish to see sufficient resource within planning authorities in order to make the new system deliver the more efficient and inclusive planning system envisaged by government, the scale of the resource problem for authorities is such that the industry cannot be expected to make up the increase in resource by its own.
• A concern that increased involvement of local councillors together with the multimember wards mean that decisions could be made on a party political or local activist pressure basis, rather than on good planning that is good for the country
• Some anxieties from some members of the business community about Local Review Bodies and the level of the hierarchy for major developments to guarantee at the outset a right of appeal to Scottish Ministers

Voluntary Sectors

• Not all community groups or individuals have access to the internet for monitoring consultations online - ensure appropriate notification
• The defined thresholds, will influence the number of proposals which will fall within the scope of major developments, which extended consultation takes place may put a burden on some voluntary groups which have a role in the statutory planning process
• Suggestion that a more streamlined system may make it more difficult for local volunteers to make their voice heard
• Extra work for community councils under the new legislation
• Increased resource implications from requirements for pre-application consultation
• Could be additional pressures on voluntary groups seeking relatively minor changes within larger sites
• Impact of enhanced scrutiny on the resources of voluntary and community groups
• Capacity Building and training of community groups
• Consideration should be given to the allocation of funds to community councils to assist them (via Planning Aid Scotland and others)

Local Authorities

• Essential that appropriate design skills and experience are made available to planning authorities to properly assess development proposals
• Some recognition should be provided of the additional resources and efforts required from planners and planning authorities particularly at the initial period of implementation.
• Important to examine the resources required to meet the targets set down for dealing with major applications through processing agreements, the related more formal consultation processes at pre-application stage, pre-determination hearings etc

General Comments

• Changes to the hierarchy, development management and planning system as a whole must continue to be publicised as widely as possible
• If thresholds are set at the wrong level this could mean that applications that are otherwise non-controversial and of local significance now become classed as major and are unnecessarily delayed because of the different procedures associated with major developments
• Timing and transition are key considerations