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Review of Development Planning in Scotland - Research Findings

DescriptionThe research was commissioned by The Scottish Office Development Department in September 1996 to review the operation of the development plan system.
ISBN0 7480 7028 1 (Web Only)
Official Print Publication Date
Website Publication DateFebruary 11, 1999
Development Department Research Programme Research Findings No. 50 (1998)
Review of Development Planning in Scotland)

Hillier Parker, Dundas & Wilson,
School of Planning & Housing - Edinburgh
College of Art/Heriot-Watt University

ISBN 0-7480-7028-1Publisher The Scottish OfficePrice £5.00
The research was commissioned by The Scottish Office Development Department in September 1996 to review the operation of the development plan system. The report sets out the research team's assessment and conclusions on improvements to the efficiency and effectiveness of development planning in Scotland.
Main Findings
  • Development plans are the keystone of planning in Scotland but many are out-of-date.
  • Although the legislative framework is broadly sufficient to allow speedy plan preparation there is scope for more efficiency.
  • The role of the Secretary of State needs to be more focused on structure plans and delays in the preparation of local plans need to be prioritised by central and local government.
  • The public local inquiry is not a major cause of delay, according to the research.
  • Although consultation and participation are a main strength of the system, dangers of over-involvement leading to unnecessary delay have been highlighted. One of the main questions is the 'ownership' of the development plan - whether it belongs to the local community, the developers, other interested parties or the council preparing the plan.
Research Objectives
Specific objectives were:
  • to identify changes that could be introduced to maximise effective and efficient plan preparation;
  • to indicate how structure plan policies and proposals can best be kept up-to-date and relevant;
  • to consider whether there is sufficient flexibility available to authorities to adapt plans to local circumstances;
  • to consider how better interaction between structure and local plans might be achieved;
  • to consider whether the current consultation process on development plans can be streamlined;
  • to consider additional guidance or advice that should be provided by central government;
  • to examine the need for any changes in the Secretary of State's role;
  • to consider ways in which opportunities arising from local government reform can be maximised to assist the effective operation of the development planning process; and
  • to consider the effectiveness of co-ordination of structure plans and local plans with other local government functions and statutory bodies.
Research Methods
The research was conducted in 2 stages. Stage 1 (from September 1996 to May 1997) involved: a desk study of responses to The Scottish Office on the general Review of the town and country planning system in Scotland; a review of recent research; a postal questionnaire survey of all Scottish planning authorities, planning consultants, developers and Scottish Office Inquiry Reporters, in relation to structure and local planning; 17 case studies of Structure Plans and Local Plans; focus groups with planning officers, development interests, planning consultants, community and consumer groups and local enterprise companies; and correspondence and face to face discussions with other interests including the Commissioner for Local Administration in Scotland, the Faculty of Advocates and others.
A consultation report on the findings of stage 1 was sent to all planning authorities and to a large number of other interested parties. Stage 2 of the research involved analysis and consideration of these responses.
Central Role of Plans
The research concluded that Development Plans are a keystone of the town and country planning system in Scotland. National coverage of Structure Plans has been achieved, and all have been updated at least once. National coverage of Local Plans is nearing achievement, with many plans for smaller areas being replaced by Council-wide plans. However, a high proportion of Plans are more than 5 years old, and many have no immediate prospect of review or replacement.
Legislative Framework
The legislative framework for development planning was found to be broadly sufficient to enable the expeditious preparation and review of development plans, with safeguards for public involvement before plans are finalised and approved or adopted. However, there is scope for more effective management of plan making and review; consolidated national policy guidance; and more best practice advice.
Secretary of State's Role
The Secretary of State currently has the key role in approving Structure Plans and in overseeing the delivery of the development plan system. National level approval of Structure Plans provides the basis of their legitimacy and standing. The researchers found that the current level of central regulation of development planning is generally regarded as appropriate, but that overlong and detailed scrutiny of Structure Plans injects unnecessary delay in the system, while national policy guidance for development planning needs to be more focused and regularly reviewed. Delays in the approval of Structure Plans impact on the preparation and adoption of Local Plans, and thereby the maintenance of a development plan framework regarded by users as being up to date and relevant to the development and environmental circumstances of particular localities.
Local Plan Delays
While preparation of Structure Plans are generally proceeded timeously and, once approved, generally kept up to date thereafter, the research identified major causes of delay in the preparation of Local Plans. The average length of time taken to prepare a Local Plan (ie from 'Notice of Intention to Prepare' to 'Notice of Adoption') has consistently remained in excess of 4 years since the mid 1970's. Furthermore, this average time masks wide variations in practice, with many plans taking far in excess of 4 years. A key component of the credibility of plans is preparation time. The research has shown that the major delays in plan making occur:
  • in the early stages, following publication of the 'Notice of Intention to Prepare a Local Plan', and
  • towards the end, following the Public Local Inquiry into objections to the finalised Plan.
The Public Inquiry
The Public Inquiry is not a major cause of delay. The average length of a PLI in 1996 was 0.9 weeks, and this has been steadily falling over the last few years.
Consultation
A main strength of the development plan system is the opportunity for consultation and participation before final decisions are taken. However, the research identified some concerns about the role of the Secretary of State as arbiter of objections and approver of the final Structure Plan in recent memory. Similarly, there was found to be wide concern about the discretion available to planning authorities to ignore the findings of a Public Local Inquiry, even if this rarely happens in practice. On the other hand, a popular perception among planning authorities is that objections are a principal cause of delay, and that speedier plan making can only be achieved by restricting participation rights. There is therefore a tension between accelerating the efficiency of plan making procedures and practices, and ensuring effective opportunities for public involvement in their preparation. The issue is crystallised in the whole question of 'ownership' of the development plan.
Involving Key Agencies
The researchers conclude that for development plans to be more effective, the contribution of key implementation agencies, such as Local Enterprise Companies, Scottish Natural Heritage, Scottish Homes, Scottish Environmental Protection Agency, the Water and Sewerage Authorities and others needs to be made more effective. The longer-term horizons and policy focus of development plans need to fit more effectively with the shorter term and project-driven focus of some of these agencies if the 'plan-led' system is to operate effectively in practice.
Key Principles for Development Planning
The following key principles have been highlighted in the research:

1. Development plans are part of the ongoing planning process; their preparation should not be considered as 'once in a lifetime events'.

2. Development plans should be about 'development' and 'environment' as well as development control.

3. Development plans provide an opportunity to integrate the activities of key organisations.

4. Development plans are a principal means of delivering the purpose of well articulated and clearly focused national planning priorities.

5. Development plans are the main vehicle for public involvement in decisions that affect peopleís environments and quality of life.

6. Development plans need to have a sense of urgency in their preparation and be effectively managed as part of the ongoing process of planning.

7. A system of development planning which is characterised by 'quality on time' should not require a procedure for plan departures, nor should cases arise where development proposals can be labelled 'premature'.

8. The level of central direction and regulation of plans should be kept to a minimum in terms of government involvement.

Recommendations
The key recommendations made by the researchers are:
  • introducing timetables for the preparation and update of structure and local plans as a statutory requirement;
  • giving planning authorities scope to modify their local plans prior to public local plan inquiries;
  • making the Reporter's report on a local plan inquiry binding on the authority concerned;
  • the abolition of the post-inquiry modifications stage;
  • allowing Scottish Office Reporters Unit to arbitrate on objections to structure plans and abolishing the draft modifications stage;
  • introducing regular audits of authorities' development plan performance;
  • new Government guidance on development plans;
  • ending the development plan departure procedure.
'Review of Development Planning in Scotland', the research report which is summarised in this Research Findings, is available priced £5.00.
Cheques should be made payable to The Stationery Office and addressed to:
The Stationery Office Bookshop,
71 Lothian Road,
Edinburgh EH3 9AZ
Telephone: 0131-662 7050, or Fax: 0131-662 7017.

The report can also be ordered online from:www.thestationeryoffice.co.uk

Further copies of this Research Findings can be obtained from:
The Scottish Office Central Research Unit,
2J,
Victoria Quay,
Edinburgh EH6 6QQ
Telephone: 0131-244 7560

Page updated: Tuesday, June 3, 2008