Name: | Alistair Landells |
| Organisation: | Banks Developments Ltd |
| Role / Daily Tasks: | Senior Development Planner developing sustainable new communities and renewable energy facilities. Current tasks are to promote development of land for property, wind farm and energy uses for Banks throughout southern Scotland through the development plan system and to secure successful determination of planning consents within timescales set by his employer's business plan. |
Time in post: | 3 months |
| Past Experience: | Temporary 7 month spell with South Ayrshire Council's Development Service. Previously spent 16 years at senior level in the Scottish house building industry which ended in September 2008 because of the economic downturn. Full member of the RTPI for 30 years. |
August 2009
How do you expect the role out of the new system to affect you?
Biggest concerns
- How Local Review Bodies are going to be considered truly independent of the planning service which refused planning permission in the first place.
- The time the new development planning system in the 4 city region areas will take and whether the timetables set out in the new Development Plan Schemes can be met.
- Loss of statutory processing agreements and also Code of Practice for Local Development Plan inquiries.
- Clarification still awaited regarding increased permitted development rights, inadequacy of transitional arrangements, loss of right to be heard at inquiries.
- Proper scrutiny of Supplementary Guidance.
- Reaction to Pre Application Consultation.
Opportunities provided
- Examinations in public of the new strategic development plans.
- Speeding up of local development plans.
- Better development plans.
- Focussing of resources on development plan and determining major planning applications.
- Greater concentration on the output / decision making rather than the process.
- Some evidence of culture / mentality change.
- Neighbour notification by planning authorities but concerns about their resources to undertake this function.
Changes to my role
To initiate greater community engagement in the process which is compatible with the long held Development with Care approach advocated by Banks who already employ a dedicated community engagement officer to undertake early and close consultation with the local community and frontloading information provided to the planning authority. I have always believed in the latter anyway through extensive experience of masterplanning but there may now be no other opportunity offered to submit further information after the objection period to the development plan has ended - and which the circular on development planning limits to a mere 2,000 words which is only 6 times the length of this note!
October 2009
What are the key changes you have experienced in the initial implementation of the modernised system?
Confused reaction to Pre Application Consultation submission and when the clock starts running despite the Circular making the position clear.
Reluctance of some community councils to meet to discuss proposals and trying to put us into some form of queuing system for meeting them.
Already disturbing signs that timetabling for Strategic Development Plans in Development Plan Schemes will be a matter of concern with consequent delay to LDP's.
The ability to deny Local Plan objectors the opportunity to advocate their position at Development Plan Inquiries even for Local Plans started under the previous system seems to have been seized upon very quickly by the planning authorities - for a developer this is difficult and certainly makes it more important than ever that a site is allocated in the Plan which is presented in front of DPEA.
One recurring issue is that representations on planning applications are still being accepted by Councils beyond the period prescribed.
Does this relate to process and/or culture?
Fundamentally culture. New processes actually seem to be militating against developing a more pro-active attitude. Insufficient time over the summer seems to have been set aside to brief the case officers at the coalface who still seem to remain "unempowered" as key decision makers in a positive enabling way and which poses the question is the case officer worth speaking to given what often happens thereafter.
How are you putting into practice the behaviour changes you intended?
Continuing to put into practice community engagement but some Councils on development planning are encouraging this company to hold back from doing so whilst Councils undertake their own consultation, potentially adversely affecting our own relationship with local communities.
What support have you received to overcome any issues?
Issues only just appearing and difficult for companies to cope with when there are 34 different authorities coming forward from 34 interpretations. Concerned that support being offered to planning authorities is not being shared with developers.
December 2009
Is the new system more co-operative and faster than the old one?
There is absolutely no evidence that the new system is either more co-operative or faster when dealing with the planning authorities except in the case of refusal. The DPEA are operating faster but again this seems focussed on quicker turnround with briefer and less fulsome exploration of the decisions released.
The inability to extend the period for local applications to be determined means the applicant will be forced to consider going to appeal/review on grounds of non determination otherwise decision will be left with the appointed officers. Schemes of delegation also appear somewhat limited.
Dismayed that advice to Local Review Bodies may be provided by officers working for adjoining Councils. These officers have their own work to do.. Why not used experienced out of work planners to provide this impartial advice.
The development planning system seems geared towards delivering merely adequate plans rather than better plans with the ability to scrutinise the results left entirely up to the DPEA.
Frontloading of the process at a time of recession seems in complete denial of the difficulties facing the development industry. Developers are having to jump through more bureaucratic procedures than ever.
Do you expect there will be further changes that will affect you?
Unlikely in a positive sense unless review of Circular 12/96 recognises the new reality that developers cannot fund the level of infrastructure developer contributions sought to date.
Concern that planning fees are about to rise at a time of recession which will not help to encourage development
What more could be done to support you in the longer term?
Legislate for processing agreements. Whilst the development management circular includes them at present there is no obligation whatsoever for the planning authority to adhere to the agreement. Also delivering reform within the roads authority where it interfaces with planning is required.
There is little evidence of culture/attitude change from within the system itself.
February 2010
What new processes has the new planning system introduced to your work?
The biggest change is the time spent on the pre-application consultation report and trying to ensure beforehand it is agreed by the planning authority to allow the 12 week period to actually begin.
The increase in the areas to be assessed for cumulative effects of windfarms from 30 km to at least 60km by developers rather than by the system itself before that consultation process by SNH is even finished is increasingly time consuming and concerning. The draft consultation says such thresholds are not to be used in casework but is exactly what SNH staff are doing right now.
How are you changing your behaviour to implement culture change?
My employer has always had a very positive approach to community engagement for years and our English offices are keen to hear from us as to what lessons they can learn from Scotland. However I will only learn this by engaging more with local authority planners who are the ones who actually control the planning system.
What is your biggest concern?
The amount of experienced and knowledgable planners staff being allowed to retire early from local government to not be replaced and the pressure being piled on inexperienced planners. These financial driven changes are going to put back culture change by about 3 years and is hardly a responsible approach to creating a new planning system. What is going to happen when private sector comes out of recession before the public sector does?
Also, the process driven nature of the system is decreasing flexibility and creativity for developers in these difficult times when that is exactly what businesses must do to survive.
The spiralling amount of supplementary planning guidance coming out and the very limited effect consultation seems to have on the final outcome.
What is the most positive change you are experiencing?
Some willingness to explore admittedly non-statutory processing agreements and where applications are delegated relatively speedy; otherwise the changes are very slow and not all positive.
Where do you go for help if you need it?
Government websites are quite helpful but culture change is about what is in someone's mind not about processes.
What more could be done to support it?
Greater educational links between public and private sector to allow greater understanding as to how delay in positive decisions affects development economics.
April 2010
What new processes has the new planning system introduced to your work?
The procedures now involved are sadly more important than the output actually emerging. There are commercial issues which have to be resolved before one can commence Pre Application Consultations.
Frontloading is all very well but the private sector often has to change its strategy for commercial or technical reasons which can't all be anticipated at the outset.
How are you changing your behaviour to implement culture change?
Trying to engage in meaningful dialogue with planning officials but finding it more difficult to get any positive reaction from a system at times which seems more interested in problems than solutions. New system seems gripped by paralysis,caused in part by the large upheaval in planning staff who either want out or being encouraged to leave.
What is your biggest concern?
The rigidity of the development plan system and the level of scrutiny at Examinations which tellingly is the name given to them rather than Public Examinations. Also the system happy to put back existing allocations and not contemplate new allocations because of the credit crunch which will only keep up land prices but still demanding developer contributions thought up before the credit crunch.
The variation in the Delegation Schemes between planning authorities-is there any real justification for differences between authorities.
How to engage with councillors who increasingly seem to take a different line to their officials .Not much point having highly paid officials at top if this is going to happen.
What is the most positive change you are experiencing?
Pleasantly surprised at Local Review Bodies apparently approving about 30% of appeals.
Where do you go for help if you need it?
If in private sector nowhere really but either within company who are extremely keen to find new ways to engage communities and trying to understand the new drivers of the system
What more could be done to support you?
Positive reaction from planning authorities to creative solutions.
Combine planning consents with roads constructive consents so we can truly placemake.
August 2010
My biggest concern is the Development Plan Examination system which seems hellbent on minimising public hearing sessions. In the 4 Examinations held to date there has been only 2 three hour public sessions heard. We also have the situation now where local authorities have Committee reports in the public domain but they will not be submit these reports to the Examination UNLESS requested by the Reporter and which furthermore the DPEA will not accept from the developer. So much for openness and transparency in the new system!
My biggest disappointment is the Main Issues Report of the South East Scotland claiming it is planning for expansion but in relation to housing says no new land is required until 2019. This is in complete contrast to the refreshing approach taken by some other authorities and calls into question why we need a dedicated SESplan team at all before 2016 at the earliest on this issue.
If the new Scottish Government consultation paper on resourcing a high quality planning system is simply a cover for increasing planning fees at a time when the development sector can least afford it and when development needs to be encouraged to create jobs, such an approach will not improve anything. It is clear from the forthcoming public sector cuts that there is not going to be enough resources to allow a high quality planning system to be created and this is a great concern to developers who are now getting squeezed from both ends. Welcome to the real world!
It is also fairly clear that the new Designing Streets policy is something roads departments are simply not up to speed with yet. Many of the authorities have yet to take Designing Streets to their Committees let alone adopting this new policy as is advocated by the Scottish Government.