6. PROCESSING AGREEMENTS
THE USE OF AGREEMENTS
6.1 A processing agreement is an agreed framework for processing an application or related group of planning applications. The Scottish Government's expectation is that planning authorities and statutory consultees should respond positively to requests for processing agreements associated with major or national developments.
6.2 New regulations are not required to promote processing agreements which are essentially mechanisms to ensure that the planning process is project managed.
6.3 Processing agreements can offer:
- Greater transparency in decision making for all involved in the process;
- Greater predictability and certainty over the timing of key stages;
- Effective project management with a focus on delivery;
- More transparency in decision making for all involved in the process;
- Clarity about information requirements early in the process;
- Clearer lines of communication; and
- More effective and earlier engagement of key stakeholders.
6.4 A processing agreement does not guarantee the grant of planning consent. Associated planning applications will continue to be considered on their merits and against the terms of the development plan and other material considerations. The agreement should be based on a shared understanding about the key stages in the process and involve key statutory consultees as appropriate at the outset.
6.5 The prescribed period for determination of applications (described in paragraph 4.81 above) is not appropriate in every instance. Where the parties agree that the proposal will take longer than the statutory period to determine, they should agree in writing to extend the period within which the planning authority should give notice of their decision to the applicant. This extended period has implications for when the applicant can appeal to the Scottish Ministers on the grounds of non-determination, the potential for such agreed extensions is provided for in section 47(2). Where a processing agreement is in place there will be no right to appeal against non-determination until the expiry of the period in the agreement.
PREPARING AN AGREEMENT
6.6 Processing agreements should be discussed as early as possible, this will often be prior to pre-application consultation with the community. It is important that applicants are informed about the level of information required to support an application at the outset. The detail of the agreement may be concluded during the pre-application consultation stage which is likely to help front-load the planning system and see efficiency savings later in the process.
6.7 While an agreement should be put in place early in the process, it should be seen as a "live document", which is kept under review and which can be altered with the consent of the principal parties to accommodate change that may not have been anticipated at the outset. They should be promoted as a project management technique, not as lengthy complex legal contracts.
SCOPE
6.8 Processing agreements can cover applications for planning permission (including planning permission in principle) and any resulting agreement or approvals required by conditions imposed on national or major developments. Where appropriate, the parties may also incorporate the consideration of other consents such as Listed Building Consent with the processing agreement to enable a more comprehensive approach to be taken. The preferred approach will be for the agreement to cover all stages necessary to enable the development to take place including the signing of any related planning agreement.
6.9 The elements for inclusion in the processing agreement should be discussed at the outset. It will be for the parties involved to agree the bespoke approach to any processing agreement.
FORM AND CONTENT OF PROCESSING AGREEMENTS
6.10 The Scottish Government expects processing agreements to be as concise, clear and simple as possible. Processing agreement need not create an additional layer of bureaucracy or require lengthy discussions. The key objective is to establish a realistic timescale for processing which takes account of the amount of the information which needs to be considered and the process to determine the application. The processing agreement should therefore contain any written agreement to extend the period for the determination of the application. The parties may decide who drafts the agreement. In most cases this will be the planning authority.
6.11 Some likely components are set out below, however different approaches may be taken depending on the circumstances of each case.
- Roles and responsibilities
The agreement should set out the roles and responsibilities of all the parties, including the planning authority, applicant and statutory consultees, in delivering the determination to schedule.
Parties should agree in advance, taking into account comments from statutory consultees, the additional information beyond the validation requirements needed to determine the application. Agencies are committed to ensuring that the level of information they require of the applicant is clear and proportionate. This information may be listed in the agreement to offer applicants certainty about what they need to provide and aid efficient processing by the planning authority.
- Decision-making framework
The agreement may set out the management process and forum for decision-making. This could involve a project team which can agree direction and sign off completed tasks, as well as related working groups or task groups, and whether and when the application will be determined under delegated powers or by elected members.
- Project Plan / Key Milestones
A project plan should be included setting out the realistic overall timetable for handing the application and the key stages or milestones. Timescales for individual stages could also be included. The views of statutory consultees should inform the setting of timescales. Milestones would provide the basis for monitoring progress. Review stages may also be built into the project plan. A Gantt chart may be a useful way to illustrate this.
Where the parties agree that the proposal will take longer than the statutory period to determine they should agree to extend the period after which an appeal may be made to Scottish Minister against non-determination of the application, in accordance with section 47(2) and record in the agreement. It will not be possible to appeal against non-determination in advance of that agreed timescale.