In this eNewsletter:
 Planning Contacts  Alastair McKie Direct Dial: Email:   Sarah Baillie Direct Dial: Email:
Caroline MairDirect Dial: Email: |
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Consultation on the implementation of the The awaited implementation of the Planning etc. (Scotland) Act 2006 (2006 Act) remains to its estimated schedule, in terms of the timetable published in June this year, as the Scottish Government has issued its first raft of draft regulations for consultation. Our planning team introduces some of the proposed changes for development planning, which the planning and development industry should consider responding to. Consultation on draft regulations on development planningPart 2 of the 2006 Act will replace Part 2 of the existing Town and Country Planning (Scotland) Act 1997 and introduce a new statutory basis for development planning. Planning authorities set out the policy framework for development land by replacing existing structure and local plans with strategic development plans (SDPs) and local development plans (LDPs). This part of the 2006 Act sets out the provisions under which planning authorities will carry out the preparation, examination and publication of SDPs and LDPs. It also requires the production of a development plan scheme (DPS) to set out the authority’s programme for preparing and reviewing their development plans. The further and detailed aspects of the system, which are not fixed by the 2006 Act, are to be prescribed by Scottish Ministers through regulations. These regulations would, in due course, replace the Town and Country Planning (Structure and Local Plans) Scotland Regulations 1983. SDPsIn relation to form and content, the 2006 Act prescribes that a SDP must contain a number of elements including a vision statement and spatial strategy. It also allows authorities to include any other matters in the plan that they consider appropriate. The draft regulations propose that plans must also include policies on key topics such as the location of housing, economic and retail development, infrastructure improvements and the types of locations that should be protected from development. It is also proposed that the policies and proposals of the plan are accompanied by a reasoned justification for their inclusion. A change in approach from key diagrams of existing structure plans, it is the intention that a SDP must be accompanied by a proposals map. The proposals map is not to necessarily be site specific but would describe the spatial strategy and should be sufficiently detailed to enable the location of proposals to be identified. A list of information and considerations that must be taken into account in preparing a SDP has been proposed, in addition to considering the National Planning Framework. This would include considering any regional transport strategy, the national waste management plan, and whether there are resources available for carrying out the plan’s policies and proposals. The Strategic Development Plan Authorities (SDPA) are to have regard to the representations submitted on the Main Issues Report (MIR) and then prepare and publish a proposed SDP. It is proposed that a SDPA should also engage with Scottish Ministers and the Health and Safety Executive in their preparation. Minimum publication requirements are proposed for the MIR, the proposed SDP and modified SDP stages.
LDPsThe 2006 Act requires all planning authorities to prepare and review, one or more, LDPs for their area every five years. Akin to SDPs, the 2006 Act prescribes the form and content of the LDPs and allows for any other appropriate matters to be included. The draft regulations propose LDPs must also include other requisite elements such as the reasoned justification for the policies/proposals and an analysis of the relationship and its consistency with the SDP, if within an SDP area. It is also proposed that the LDP must be accompanied by a proposals map but the requirement to use an ordnance survey base and the use of insets would be removed. In the event of any discrepancy between the proposals map and the text of the LDP, the written statement would take precedence. In addition to considering the National Planning Framework, a further list of information and considerations that must be taken into account in preparing a LDP is also proposed. In relation to site specific proposals it is proposed that in certain circumstances, as well as neighbours, the occupiers of the site would be notified at the proposed plan stage. “Neighbour land” is to be within 20 metres of the boundary of a specific site. Extended consultation and minimum publication requirements are also proposed for the LDP in respect of its MIR, the proposed LDP and modified LDP stages. The proposed procedures for the examination of the SDPs and LDPs will be covered in separate draft regulations which are due to be published in December. However, as the Scottish Ministers intend examination reports to be binding on planning authorities, a limited number of exceptions for authorities to depart from recommendations contained in the examination report into the LDP are proposed. Other matters covered in the draft regulations include the proposed content of the DPS and whether the procedures set out in the draft regulations will adequately ensure that planning authorities have proper programmes in place for the review of their plans. There are also proposals for related documents such as action programmes.
National developmentThe Scottish Government has also announced the criteria which Ministers will take into account in designating “national developments”. Designation of a project as a national development will establish the need for it in planning terms with only its detail left to be considered at a public inquiry. It is expected that a consultative draft National Planning Framework 2 is due to be published towards the end of this year. The criteria for projects which may be identified as national developments are those which:
CommentIt is a year this month since the Planning etc. (Scotland) Bill 2006 was debated and enacted. The draft regulations have been designed to ensure that the minimum requirement for meeting the Scottish Minister’s priorities for the operation of the development planning system are achieved. Despite the regulations being legislative proposals, the examination of the regulations should not be left to lawyers. There may be some consultation apathy, but there is a real opportunity for everyone engaging in the planning system to participate in the reform process and ensure that the new system delivers the change that is required. A copy of the consultation paper is available from the Scottish Government’s website and responses are invited by 20 February 2008.
Future consultationOur Planning & Environment team will keep you advised of the Scottish Government’s proposals for the planning system’s modernisation as they are rolled out. It is our intention that our next e-zine will be regarding a consultation which is expected from the Scottish Government within the next two to three weeks. This is anticipated to be on draft regulations regarding Development Management which will propose changes to planning application procedures and have details of the new hierarchy of development. We also expect the much awaited consultation on the draft National Planning Framework to be published imminently.
Further informationFor further information, please contact Alastair Mckie or Sarah Baillie or your usual contact within the Planning and Environment team. |
