Annex B Scottish Government - basis for questions
SPECIFIC TOPICS - EXCERPTS FROM CONSULTATION PAPERS
Development Planning: Colleagues are keen to improve their understanding of which techniques work best to involve seldom-heard groups, and whether there are representative groups we should be identifying as recommended consultees for development planning.
"With a view to facilitating and informing their work in preparing a LDP, Section 17 of the Act requires planning authorities to first compile a main issues report ( MIR). This is not intended to be a draft plan, but should focus on the key issues that are changing from the last plan.
- The MIR must set out the authority's general proposals for development in the area and in particular proposals as to where development should and should not occur. The proposals must be explained sufficiently clearly and precisely to enable people to understand what is proposed and to make meaningful comments.
Draft regulation 15 proposes the following minimum publication requirements to apply at the main issues report, proposed plan and modified plan stages:
- Publication of a notice for example in the Edinburgh Gazette and a local newspaper, setting out:
- That the document has been produced and where and when it may be viewed;
- A brief description of the content and purpose of the document;
- Details of how further information may be obtained; and
- A statement that representations may be made, and how, to whom and by when they should be made.
- Sending this information to:
- The key agencies;
- neighbouring planning authorities;
- planning authorities within the same SDPA;
- the Health and Safety Executive; and
- community councils.
- Making a copy of the document available to inspect at an office of the planning authority and in public libraries; and
- Publication on the internet.
The Act requires authorities to secure that people who may be expected to want to comment on the MIR are made aware that they can do so, and are given such an opportunity.
Discussion of publicity for SDPs and LDPs
The publication of the MIR is intended to be the principal opportunity within the plan preparation process for productively consulting stakeholders on the content of the plan and for involving the wider public. It is therefore essential that engagement with the public at this stage is as full and open as it can be.
The publication requirements proposed in the draft regulations are intended as a statutory minimum, and the expectation is that authorities would do a lot more than this to publicise the key stages of plan preparation. But we are not minded to state more in regulations for a number of reasons. First, we considered specifying in regulation 16 (and 6 for SDPs) the people who must be notified of the publication of the MIR (i.e. proposing a list of statutory consultees for development planning). But in practice the circumstances when many bodies could usefully be consulted will vary depending on the purpose and content of the plan and on the character of the area. We would rather place the onus on planning authorities to actively consider the local and national groups they feel need to be engaged in the plan preparation process given local circumstances and the particular issues thrown up by the plan, but we do expect to issue further guidance in this area.
Secondly, authorities will be required to set out their intentions for engagement in their participation statements. These will be scrutinised by Scottish Ministers but will allow authorities to tailor their activities to local circumstances. A range of innovative techniques, tailored to local circumstances will be expected here.
Finally, publication requirements for main issues reports will also apply to proposed plans and modified plans. It may be appropriate for the extent and nature of publicity and consultation to be different at these stages. For instance, the principal focus for open public engagement is intended to be the main issues report stage, whereas by the proposed plan stage the authority's position is more fixed and formal representations that will be considered at examination are being sought.
DP Q9 Are the minimum publication requirements set out in the proposed regulations adequate, or should additional requirements be included, for instance specifying a list of statutory consultees for development planning?"
PRE-APPLICATION CONSULTATION (DEVELOPMENT MANAGEMENT)
These two questions encapsulate the key issues on which we think we need more from the groups.
Q6: Are the requirements to notify community councils and neighbours of the proposal of application notice sufficient or should others be notified at this stage as a statutory minimum?
Q7: Do you agree with the minimum statutory requirements for pre-application consultation in regulation 8?