Recent changes to the Planning Act require planning authorities to prepare local development plans for their area. These are to replace the previous local plans.
If representations have been made to the planning authority about the plan and any matters of dispute have not been resolved, the planning authority must submit the plan to the Scottish Ministers for examination. Ministers will appoint a person, or persons (normally Scottish Government Reporters), to carry out the examination. The arrangements for the examination will be made by the Directorate for Planning and Environmental Appeals.
From 28 February 2009 new examination procedures are applied to local plans which were already at an advanced stage of preparation, after the plan had been on deposit for public inspection and the period for lodging objections had expired.
In applying the intentions of the new legislation during this transitional phase, the main changes to the process are:
- Scottish Ministers, and not the planning authority, will appoint the Reporter(s)
- The planning authority will be expected to submit, at the outset, all the material necessary for the examination, including a summary of the unresolved issues arising from the unwithdrawn objections
- The Reporter will decide how to conduct the examination and, for each issue, whether s/he requires further information
- The examination will be led by the Reporter, and neither the objector nor the planning authority have a right to be heard at a public local inquiry
- For most issues, no further information should be required, but if it is, the Reporter will decide who will be asked to provide it
- A written submission setting out the information requested should usually be sufficient
- The Reporter may decide to hold a hearing if that is needed to explore the information further, and will decide who to invite to participate in the discussion at the hearing
- Only exceptionally will an inquiry session be necessary to test the information through cross-examination
- The Reporter will submit a report of the examination to the planning authority, containing his or her conclusions and recommendations on each issue
- Any modifications to the plan which are recommended by the Reporter will generally be binding on the planning authority
The statutory basis for the examination is set out in the Town and Country Planning (Scotland) Act 1997, and in the The Town and Country Planning (Development Planning) (Scotland) Regulations 2008.
Guidance on the procedures for the examination is set out in the Scottish Government's Planning Circular 1/ 2009. This should be referred to by planning authorities and by those who lodged an objection to a local plan which has been submitted for examination.
The DPEA also produce internal guidance notes for reporters on a variety of matters and a couple of these relate specifically to development plan examinations. These notes are available through our Reporter Guidance Notes page.
Guidance to assist planning authorities with the preparation and handling of information prior to the submission of development plans is set out in Practical Guidance for Planning Authorities.
DPEA recently held a meeting with several local authorities who have completed their development plan examinations and a note of the meeting is attached for interest.