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Options For Change
INTRODUCTION
I have been asked to consider the content of a possible Planning Bill for a future session of the Scottish Parliament. This has involved identifying and bringing together a list of options drawn from:
- Existing commitments arising from the Review of Strategic Planning (2001), Getting Involved in Planning (2001) and the White Paper, Your place, your plan (2003);
- Issues identified in the Planning and Compulsory Purchase Bill for England and Wales that may be relevant to Scotland;
- Proposals for change made in the last ten years or so falling short of commitments, many of them contained in research reports for SEDD, SODD and others;
- Issues identified by The Royal Commission for Environmental Pollution in their 23 rd Report on Environmental Planning that may be relevant to Scotland;
- Other options identified in discussion with a number of key stakeholders:
- The Royal Town Planning Institute (Scotland),
- The Scottish Society of Directors of Planning,
- Homes for Scotland, the CBI, the SCDI and the Royal Institution of Chartered Surveyors in Scotland,
- Advocates and solicitors with a particular interest in planning law and procedure brought together in a seminar organised by Shepherd and Wedderburn.
The discussions were held under the 'Chatham House Rules' so no comments are attributed in the report but I have on occasion allotted a particular expression of view generally to 'developers' or 'planners' (by which I mean local authority planners). I am grateful to all those who gave up their time to take part in the discussions.
The central section of the report contains a reasonably comprehensive list or proposals for change drawn from these sources which will, or might, require primary or secondary legislation. It does not, however, discuss implementation of the EC Directive on Strategic Environmental Assessment; nor does it deal with the reform of public inquiries. In both cases, consultation papers are expected shortly. Nor does the report consider the large number of proposals for change that can be implemented in other ways falling short of legislation.
The report broadly follows the structure of the planning system: that is to say it begins with purpose and scope, moves on to policy and then development control and concludes with a number of miscellaneous matters. As Historic Scotland has primary responsibility for the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, changes proposed to this regime are listed as an Appendix. These matters do not necessarily relate to mainstream planning issues and may require separate consideration. In each case, I have identified the source of the proposal and the existing legislative position, if there is one; I have explained where possible why a particular change is being promoted and have stated how any change might be accomplished (ie by primary or secondary legislation); and, where appropriate, I have added a 'discussion' of some of the issues which might arise from the proposal.
The report is essentially a pragmatic approach to change. It focuses on areas of the planning system where change has been proposed. It is largely, but not wholly, a problem-solving approach and avoids any tendency to reinvent the wheel. However, the list of options lacks any overall coherence. There is no overarching theme which draws the list together; it is a list of discrete proposals.
I have, however, been asked to go further and to identify the 'key components' which might be appropriate for consideration in a Bill. This requires choices to be made from the list because not all the proposals could be described as priorities. This is not an exercise that can be conducted in a vacuum. Picking out such issues from the list requires some thought to be given to the drivers of change. What is it that the reforms are intended to achieve? Only by answering that question is it possible to say that certain matters are 'key components'. This question and the approach to identifying the key components are addressed in the Conclusion to the report.
What follows is a list of the options for change. Each option begins on a new page.
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