Scottish Planning Series: Planning Circular 1 2009: Development Planning

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STRATEGIC DEVELOPMENT PLANS

9. Strategic development planning authorities ( SDPAs) are required by section 4(1) of the Act to prepare and review strategic development plans ( SDPs), and submit these to Scottish Ministers within four years of the approval of the existing plan. The SDPA Designation Orders of 2008 only established SDPAs in the Glasgow, Aberdeen, Dundee and Edinburgh city regions.

10. The normal process for preparing SDPs is set out in Figure 1 alongside the strategic environmental assessment ( SEA) process and indicative timings.

MONITORING AND THE EVIDENCE BASE

11. An early task of the SDPA will be to monitor:

  • changes in the principal physical, economic, social and environmental characteristics of the SDP area; and
  • the impact of the policies and proposals of the existing plan(s).

12. As a product of this exercise, section 4(10) of the Act requires SDPAs to publish a monitoring statement. The SDPA are to publish the monitoring statement, including electronically, alongside the publication of any main issues report. The guidance on monitoring and evidence given at paragraphs 36 and 37 (below) apply equally to SDPs.

FORM AND CONTENT

13. Section 7(1) of the Act requires SDPs to contain:

(1) A vision statement. This is a broad statement of how the development of the area could and should occur and the matters that might be expected to affect that development, including:

  • the principal physical, economic, social and environmental characteristics of the area;
  • the principal land uses in the area;
  • the size, composition and distribution of population in the area;
  • the infrastructure of the area (including communications, transport and drainage systems and systems for the supply of water and energy);
  • how that infrastructure is used; and
  • any anticipated change in these matters.

(2) A spatial strategy. This is a broadly based statement of proposals as to the development and use of land in the area.

(3) An analysis of the relationship with development and land use proposals in neighbouring areas that are likely to affect the SDP area.

(4) Any other matter the SDPA consider appropriate.

14. Scottish Ministers expect SDPs to be concise visionary documents that set clear parameters for subsequent LDPs and inform decisions about strategic infrastructure investment. Vision statements should provide a realistic expression of what the plan area could be like in 20 years time and a useful springboard for the spatial strategy of the plan. The spatial strategy should encapsulate the headline changes that the plan seeks to achieve, and provide a locational strategy for new development up to year 12 from plan approval and a broad indication of the scale and direction of growth up to year 20. The spatial strategy should be specific enough to limit the options available for subsequent LDPs to those that would have a broadly similar impact on: (a) other planning authorities in the SDPA; and (b) strategic infrastructure and greenspace networks. The principal topics for SDPs are expected to be land for housing, business, shopping and waste management development, strategic infrastructure (including transport, water supply and waste water) and strategic greenspace networks (including green belts). SDPs may be site specific especially where there are no realistic alternative sites.

15. The SDP may contain, or be accompanied by, any maps, diagrams, illustrations or other descriptive matter the SDPA thinks appropriate. But Regulation 2 requires that it contains a map or diagram describing the spatial strategy.

PLAN PREPARATION

16. SDPs should be properly integrated with other statutory plans and strategies affecting the development and use of land. In preparing a SDP or main issues report, section 8(1) of the Act requires the SDPA to take into account the National Planning Framework. Regulation 3 also requires it to have regard to:

  • The resources available for carrying out the policies and proposals in the plan;
  • Any approved or proposed SDP for a neighbouring SDP area;
  • Any regional transport strategy, river basin management plan or local housing strategy relating to the area;
  • The national waste management plan; and
  • Issues arising out of the European directive on the control of major accident hazards involving dangerous substances.

Depending on future legislation, it is possible that further items will be added to this list, including flood management plans, marine plans and further provisions relating to major accident hazards.

ENGAGEMENT AND THE MAIN ISSUES REPORT

17. With a view to facilitating and informing their work in preparing a SDP, section 9 of the Act first requires the SDPA to compile a main issues report. This 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 report must be sufficiently clear and precise to enable people to understand what is proposed and to make meaningful comments. The report must also contain one or more reasonable alternative sets of proposals. Finally, it must draw attention to the ways in which the favoured and alternative proposals differ from the spatial strategy of the existing approved SDP (if any). There is no legal requirement to draw such a comparison with existing structure plans, but it would be good practice to do this within the first generation of main issues reports. The discussion of main issues reports and engagement at paragraphs 45 to 48 below also applies generally to SDP preparation.

18. SDPs should be fully co-ordinated with other important strategies from the earliest stage with key infrastructure providers signed up to the delivery of the emerging proposals. Therefore, in preparing the main issues report (i.e. before its publication), section 9(4) of the Act and regulation 4 require SDPAs to consult with, and have regard to the views of:

  • the key agencies (listed in paragraph 101 below) ;
  • neighbouring planning authorities; and
  • Scottish Ministers.

19. Regulation 5 applies the following minimum publication requirements to the main issues report, proposed plan and modified plan stages:

  • Publication of a notice in one or more local newspapers and on the internet, setting out:
    • That the document has been prepared, 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;
  • Adjoining planning authorities or SDPAs; and
  • Community councils within the SDP area.
  • Making a copy of the document available to inspect at an office of each of the constituent planning authorities and in all public libraries in the plan area; and
  • Publication on the internet.

20. The Act also requires authorities to secure that people who may be expected to want to comment on the main issues report are made aware that they can do so, and are given such an opportunity.

21. In publishing the main issues report, the SDPA are to send a copy of the report and the monitoring statement to Scottish Ministers.

22. Publicity in the course of plan preparation is discussed more fully at paragraph 52 below, which also generally applies to SDPs.

THE PROPOSED PLAN

23. Section 10 of the Act and Regulations 5 and 6 deal with the proposed SDP. The SDPA are to have regard to the representations submitted on the main issues report, and are then to prepare and publish a proposed SDP. The proposed plan is to be published in the same way as for the main issues report (see paragraph 19 above), with at least 6 weeks being given for representations to be made. Copies of the plan are to be sent to the key agencies and neighbouring planning authorities, and people who commented on the main issues report are to be notified of where and when they can inspect the proposed plan. The SDPA are also to consult the key agencies and Scottish Ministers. The discussion of proposed plans at paragraph 55 below also applies generally to SDPs.

MODIFICATIONS

24. Following the close of the period for representations on the proposed plan, section 10(3) of the Act allows the SDPA to modify it to take account of representations, matters arising out of consultations or representations, or any minor drafting or technical matters. When modifying, there are two possibilities:

(1) Where the modifications are so significant as to change the underlying aims or strategy of the plan, the SDPA must prepare and publish a new proposed plan.

(2) Where this is not the case, the SDPA are to publish the modified plan in the same way as for the main issues report under regulation 5, and thus offer a further opportunity for representations to be made before the plan is submitted to Ministers.

25. The discussion of modifications at paragraph 58 below also applies generally to SDPs.

SUBMISSION TO SCOTTISH MINISTERS

26. Section 10(3) of the Act then requires the SDPA to submit the plan to Scottish Ministers along with:

  • a note of the representations made and of whether and how those representations were taken account of in the modified plan. (Note that it would be sensible for the SDPA to prepare this in the same form as the Summary of Unresolved Issues that will be considered at the examination - see paragraphs 70 and 71 below.);
  • a report as to how far the SDPA, in preparing the plan, has conformed with the commitments made regarding consultation and public involvement in their participation statement; and
  • a copy of their proposed action programme.

It would also be sensible for the SDPA to submit the material required under regulation 20 (and set out in paragraph 70 below) at this time.

27. Regulation 7 sets out the following requirements for publicity around the submission of the plan to Ministers:

  • Publication of a notice in at least one local newspaper and on the internet, stating:-
  • That the proposed plan has been submitted to Scottish Ministers;
  • The date of the submission; and
  • Details of when and where the plan may be inspected (including on the internet);
  • Sending the notice to the key agencies and people who submitted representations on the plan; and
  • Making a copy of the submitted plan available for inspection in planning offices and public libraries and on the internet.

28. In the event that the planning authorities that constitute the SDPA cannot agree on the plan's content, section 11 of the Act allows the submitted plan to contain alternative proposals, together with the reasoning behind them.

EXAMINATION

29. On receiving the proposed SDP, section 12(1) of the Act requires the Scottish Ministers to appoint a person to examine the plan where:

a) There are unresolved representations;

b) The proposed plan contains alternative proposals; or

c) They otherwise consider an examination to be appropriate.

The examination process is discussed further from paragraph 68 below.

APPROVAL OR REJECTION

30. Once they have received the proposed SDP from a SDPA, and the report from the person who carried out any examination, section 13 of the Act allows Scottish Ministers to approve or reject the plan. Where the plan is approved this may either be in whole or in part, and Ministers may, in approving the plan, modify it. The procedure for making modifications will vary depending on whether an examination has been held:

  • Where there has been an examination, Ministers may make modifications in approving the plan, and will set out reasons for these.
  • Where there has not been an examination, Ministers will, before approving the plan, publish any modifications, along with the reasons for making them, and consult as they consider appropriate, but including with the key agencies and the SDPA. In these circumstances, there will be an opportunity to make representations on the modifications prior to Ministers approving the plan. Scottish Ministers will notify the SDPA of any such representations, and may make further modifications in the light of these representations.

PUBLICATION OF AND PUBLICITY FOR THE APPROVED PLAN

31. Section 14 of the Act requires that as soon as possible after approval, the SDPA are to publish the plan (including electronically) and send two copies to Scottish Ministers. They are also to place copies of the approved plan in local libraries, advertise in a local newspaper and notify people who made representations on the plan that the SDP has been published and where it is available for inspection.

Page updated: Friday, February 13, 2009