Scottish Government

August

How do you expect the role out of the new system to affect you?

2009 has already presented a few personal challenges having moved from public to private sector, from development planning to project development, from generalist to specialist and from working within a team of planners to being essentially a sole (planning) practitioner within a larger company. Getting to grips with the new system and being in a position to advise others has certainly added to that challenge. An unplanned benefit has been witnessing the progression of the reforms from both sides of the fence, seeing it evolve country wide and being able to view it within a wider international context.

The first challenge in this new found situation was simply to keep up with the changes. Web sites and information bulletins were quickly subscribed to and have proven to be invaluable over the last few months. The day to day sounding block of former colleagues has been gradually replaced by electronic and other networks particularly the Scottish Renewables Forum which has its own planning sub group and which recently facilitated a well attended seminar on the consolidated SPP. A rejuvenated programme of events through the local chapter of the RTPI has also helped to keep on top of CPD and maintain links with former colleagues.

Being optimistic, I think the reforms provide an opportunity for good planning practitioners on both sides of the fence to rise to the challenge. Most of the pro-active authorities, consultancies and developers were already ahead of the game and under the guise of good practice were already doing much of what is now enshrined in legislation. On the private side, those involved in renewables and other EIA type projects will be no strangers to undertaking extensive pre-application consultation with communities and key stakeholders as part of their screening and scoping procedures. A few adjustments to procedure notes will be all that is required to tie this element into the new statutory requirements.

For the system to work under the new reforms it will however require "culture change" on a personal level particularly amongst those who have perhaps had less foresight in the past and now find themselves playing catch-up. No amount of new laws, regulations and procedures can compensate for an unwillingness to embrace change with a positive frame of mind. Sadly there already appear to be a few ostriches still out there with their heads firmly in the sand and the prospects for the new system in these circumstances are definitely a cause for concern.

Internally we have already held a seminar to bring colleagues up to speed with the new changes. In work terms we have already begun to engage more proactively in the policy side of the emerging development plans. Whilst this opportunity has been facilitated by changes to the system, it too has proven to be a challenge given that all authorities set off from the same starting line in April. Development Plan Schemes have however proved useful in this regard, and those authorities who have already established e-mail reminders and progress bulletins for key stages deserve credit for their efforts.

October

What are the key changes you have experienced in the initial implementation of the modernised system?

One observation to emerge over the last few weeks is the variety of ways in which planning authorities and others have already begun to interpret and implement the new system. Examining Development Plan Schemes shows that by the time every authority in Scotland has reached the first hurdle of publishing a Main Issues Report there will already be a three to four year divergence in timescales. Against the intention of a system led by succinct and up to date plans, there is already divergence of approach and still the prospect that some authorities will not have an adopted plan in place until late 2014.

Another observation is that some schemes of delegation appear to be more complicated than we had initially envisaged. Flow diagrams (when available) are useful in helping the public to understand how these are being implemented, but aren't always available. There already appears to be some resentment in the local press and in planning committees that the public are being 'denied' their opportunity to comment at what had previously become routine hearings. From an applicant's point of view, the question of whether "local" proposals are considered at committee or delegated and subsequently whether applicants have the opportunity to appeal beyond the determining authority is already proving to be a bit of a lottery. Our experience to date has not filled us with the 'confidence' envisaged in the 'Core Principles' of the SPP.

It has to be acknowledged that planners from all sides are still adjusting to the new system and faced with uncertainty are perhaps more inclined to keep their cards close to their chest. Equally both sides need to acknowledge that this in itself can undermine the culture change process. Uncertainty has to be overcome by better dialogue between applicants and authorities but this needs to work in both directions. If, under the changes, applicants are coming forward and engaging openly with the public and planning authorities then planning authorities have to be prepared to return the favour. On more than one occasion recently this has not been the case. Agreed timescales and procedures for determinations have come and gone without any communication or explanation from the determining authority. On each occasion this has caused unnecessary delays and costs and a growing frustration for applicants.

In this situation, applicants are inclined to seek legal advice and perhaps adopt a more adversarial approach which is not perhaps how the new system was intended to operate. Our conclusions at this stage are that whilst procedural changes have been introduced the culture change process might still have some way to go.

December

6 months into the implementation of the new system has your practical experience been different to your initial expectations?

Yes although so far it has been for all the wrong reasons. Initial optimism is slowly being eroded by a series of practical disappointments.

Is the new system more co-operative and faster than the old one?

From our experience so far the new system is neither more co-operative nor faster than before. Although the "local" development procedures have the potential to be faster, disappointingly this appears to be at the expense of co-operation and proper scrutiny. Under these circumstances the system may actually be worse now than it was before.

Do you expect there will be further changes that will affect you?

Our initial thoughts are that the procedures and thresholds for local developments will have to be reconsidered.

What more can be done to support you in the longer term?

Consideration will have to be given at a national level to whether the procedures for "local" developments are actually delivering what they were intended to. Our initial experience suggests that they are not and that changes will be required to avoid this being regarded as a backward step.

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