As we go to press, the Planning etc. ( Scotland ) Bill is to reach its final parliamentary stage and should soon become law, increasing community involvement in planning.
The proposed reforms to Scottish planning law will increase the role and power of the individual and community in the creation of Development Plans - the key document(s) adopted by each Scottish planning authority identifying planning policy that applies to each authority’s area. The significance of Development Plans will also increase.
The provisions for community engagement are only one element of the Bill which encompasses changes in Development Plans; enforcement; financial provisions and assessments.
The Bill calls for greater community involvement from the early stages of planning in relation to both the Development Plan and specific planning applications. Therefore, a prudent developer will seek to become involved at the Development Plan stage, where possible, not just when lodging specific planning applications. Such involvement should include consultation with the planning authority and with the local community.
Community engagement in Development Plans
To put in place a Development Plan at the moment:
- The planning authority must ensure that ‘adequate publicity’ is given to a proposed plan.
- Members of the community are given the opportunity to express their opinion after the plan has been drafted.
- Objections to a plan are resolved via negotiation or at last resort at a public inquiry.
- The planning authority then makes its final decision on adoption of the plan.
In the future, the Development Plan should have the “broad support” of the community and will be expected to identify major planning opportunities.
The new procedure
1) Research
The planning authority prepares and publishes:
- A development plan scheme
- A participation statement detailing how the community can get involved
- A main issues report
Then there is a minimum 6 week participation period for the community to share their views.
2) Compile plan
The planning authority publishes a proposed plan and action programme after a review of community representations. There is another 6 week participation period.
- Neighbours and owners of new site-specific proposals in the plan are notified.
- Responses are considered and issues are resolved via negotiation or mediation.
- Amendments are published alongside a report to be assessed by the Scottish Ministers.
3) Scrutiny
If objections persist, the plan is examined by the Scottish Executive Inquiry Reporters Unit and modifications are made accordingly.
4) Finalising the plan
Lastly, the final Development Plan is published and adopted. However, there is a 6 week period for court challenge.
It should be noted that although the opinion of the community is an important factor it is not an over-riding one. However, there is a possibility that a further consultation may be required if the Scottish Ministers believe there has been inadequate consultation with the public.
Community engagement in planning applications
Whilst the Planning Bill aims to increase public participation in land use planning through Development Plans, it also requires developers to consult the community on individual applications, which planning authorities will continue to assess on their merits.
If the Bill passes through Parliament then the changes for developers will be significant, marking a radical alteration of the Scottish planning system.
Developers would be well advised to take part in the consultation process for Development Plans as it is intended to clearly identify specific sites for new development or re-development. Therefore, development opportunities could be lost if they are not identified within a relevant Development Plan.
Contact
Marion Davis
(Article created in November 2006 and may not have been updated at time of reading).