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PLANNING Bulletin: Issue No 22 December 2003
ProcessThe Bill
LOOKING FORWARD TO A PLANNING BILL
Now the Scottish Parliament has started its second four-year session, the planning world is eagerly expecting a Planning Bill. Subject to other legislative priorities, we expect to introduce a Planning Bill during the current parliamentary session.
The process of modernising the planning process, which has been underway within the Executive for over two years, started by looking at development planning, and this is likely to feature in the Bill. We have already declared our intention to move to a single tier of development planning outwith the four largest city regions.
The modernisation of the planning system goes much wider than the revision and updating of the statutory framework. We have to produce a planning system which works in the context of the Scottish Parliament, and of a single tier of local government. It also has to meet higher public expectations about the outcomes of the system and its efficiency. The wider framework within which the planning system operates continues to change, with the increasing emphasis on community planning, and a growing number of agencies whose policies and spending plans have significant effects on development.
The process of preparing for a Planning Bill has been taken forward by the work done this year by Professor Jeremy Rowan Robinson to identify some of its likely content. As part of that work, he held discussions with some key stakeholder organisations to gauge their views on Bill content. This research is published under the title Options for Change (copies available on the Planning website or from Planning Division) and was discussed at a symposium arranged with the RTPI in Victoria Quay on 23 October. Two secondees from Planning Authorities will be involved in the work of taking forward preparations for the Bill in 2004.
 The Partnership Agreement for the next four years clearly sets out the objectives for the Executive's work on the planning system. It commits us to improving the planning system to strengthen the involvement of communities, speed up decisions, reflect local views better and allow quicker investment decisions. As we take forward work on the partnership agreement commitments for planning, we shall be alert to any which require changes to primary legislation, as these will have to be considered for inclusion in a Planning Bill. |
BUILDING (SCOTLAND) ACT 2003
By way of background to the Planning Bill, it may be helpful to explain the Bill process using the Building (Scotland) Act 2003 as an example.
Planning for the Bill started several years in advance. There was a need to update the building standards system in Scotland and the effect of the Construction Products Directive meant that primary legislation would be necessary. It is important in developing policy that those with an interest in the policy area and effects of any legislation are consulted. Early preparation allows a full range of views to be considered and this was done through many meetings with stakeholders and through consultation papers published in summer 2000, July 2001 and March 2002.
Following these consultations, the Building (Scotland) Bill was introduced to Parliament in September 2002 and was assigned to the Transport and Environment Committee.
The Committee sought written evidence and took oral evidence from key stakeholders representing the private sector, consumers, disabled access groups and local authorities. The Committee produced a report on the Bill which then went forward to Stage 1, a debate of the whole Parliament on the Bill's general principles. These were agreed and the Bill went forward to Stage 2. This is the first stage at which amendments may be considered and it takes place within the Committee.
At Stage 2 the Bill was amended with most of the amendments coming from the Executive. The amended Bill was then republished and went forward to Stage 3, further consideration by the full parliament, on 20 February. Some further amendments were made and the Bill was passed. Once a Bill has been passed by the Scottish Parliament there is a period of at least four weeks to give an opportunity for scrutiny to ensure that it falls within the competence of the parliament. If it does, Royal Assent follows and this was granted to the Bill on Wednesday 26 March 2003 when it became the Building (Scotland) Act 2003.
The only Parts of the Act which came into force on 26 March were administrative devices. Commencement of the provisions in the Act which will establish a new building standards system will be undertaken, probably in tranches, in the lead up to the introduction of the new building standards system, currently planned for April 2005.
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