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2003 SIXTH ANNUAL REPORT OF THE PLANNING AUDIT UNIT

PLANNING AUTHORITY PERFORMANCE

All Applications

The number of planning applications decided totalled 48,751, following a rising trend and up 3% on last year. Clackmannanshire, Falkirk, East Renfrewshire, Scottish Borders, South Lanarkshire and Renfrewshire all recorded increases in excess of 10%. The national level of performance in determining applications within 2 months remains at 66% despite the increase in applications. This compares favourably with 61% of 39,789 applications determined within 2 months in the period 1996-97. Historically, performance has fluctuated seasonally with summer highs and winter lows, but this year the determination rate of 66% has remained constant across the year.

The Fifth Annual Report highlighted a significant rise in householder applications and this trend has continued, rising from 20,985 last year to 23,090 in the current accounting period. In most other categories there has been a slight fall in decided applications.

In comparison with the previous 12 months, 18 councils have improved their performance. Since the commencement of the Planning Audits 23 authorities have improved their performance and five have remained constant. Clackmannanshire, East Renfrewshire and West Lothian exceeded or reached the 80% target. Two councils have 2-month performance levels lower than 55%, Glasgow City and East Ayrshire, while the Loch Lomond and Trossachs National Park (LLTNP), in its first year as a planning authority, fell below target at 30%.

The graph below shows the trend in average performance over time.

The target of determining 85% of applications in 3 months has been met or exceeded by Aberdeen City, Angus, Argyll and Bute, Clackmannanshire, Dundee City, East Dunbartonshire, East Renfrewshire, Fife, Inverclyde, Moray, Orkney, South Lanarkshire, Stirling, West Dunbartonshire, West Lothian and the Western Isles.The lowest rate for a council was 71%, the same as last year, with the LLTNP achieving 51%.

ALL APPLICATIONS
TOTAL NUMBER DECIDED, PER CENT DECIDED IN 2 MONTHS - TARGET: 80%

Householder

During 2002/03, 82.5% of householder applications were decided within 2 months, a fall of 1% over the previous year, against a target of 90%. Eight councils met the 90% target: Argyll and Bute, Clackmannanshire, Falkirk, Inverclyde, Moray, Shetland, South Lanarkshire and West Lothian.

The target for determining householder applications in 3 months is 95%. Returns to the year ending September 2003 show 19 councils achieving the target. The Scottish average remains at 94%. Apart from Loch Lomond and Trossachs National Park no planning authority had a 3-month householder performance of less than 84%, a slight fall from the level recorded in the annual report for 2002.

Minerals

During the period, 21 planning authorities considered 68 mineral applications, 31 of which were dealt with by Aberdeenshire, Argyll and Bute and Highland Councils. No other Council received more than five applications. The number of applications decided within 2 months fell slightly from 20% to 18%. Those processed within 3 months accounted for 42% of the total compared with 34% for the previous year. Most mineral applications for new or extended sites are likely to raise complex issues and accompanied by an Environmental Impact Assessment. For these and other reasons, for example addressing community concerns and the conclusion of planning agreements, applications tend to take longer to process. Within the period, 21 of the 33 authorities did not determine any mineral applications, six less than last year.

Conservation

In this period there were 3,470 applications for listed building or conservation area consent. This total is similar to previous years and continues to account for approximately 7% of the total caseload. The amount of time taken to determine applications is also similar to previous years with 35% of applications being determined in 2 months and 65% in 3 months. Edinburgh and Glasgow account for almost a third of all applications in Scotland, although Fife also has a high caseload. There continues to be considerable variation in the speed with which local authorities deal with applications for listed building and conservation area consent.

Section 75 Agreements

Decisions incorporating Planning Agreements have increased by 18% over the year, totalling 235 in the period 1 October 2002 to 30 September 2003. There continues to be significant differences between planning authorities; Edinburgh at 56 records the highest number of agreements surpassing Aberdeenshire's 23, while 12 authorities have not entered into any Section 75 Agreements within the last year.

Enforcement

Planning authorities have the discretionary powers to take formal enforcement action where it appears there has been a breach of planning control. Powers are fully described and explained in PAN 54: Planning Enforcement, published March 1999.

In the year to September 2003, 7,341 cases were investigated and 991 notices issued. The majority of enforcement cases investigated arise from complaints to planning authorities about alleged unauthorised development, or activities that cause nuisance to neighbours. The majority of these alleged breaches of planning regulations are successfully resolved through negotiation, correction of the breach and the submission of retrospective applications where necessary. Where such action fails the authority will seek to correct the situation with the use of Enforcement Notices, Stop Notices, Breach of Condition Notices or Direct Action.

There is a wide variation between authorities in the number of cases investigated and notices served. Over Scotland the rate of notices served to cases investigated is almost the same as the previous year at 13.5%. In Fife, Glasgow City, Loch Lomond and Trossachs National Park, West Dunbartonshire and the Western Isles the rate is over 30%, while in Angus, East Dunbartonshire, Edinburgh City, Moray and Shetland it is less than 5%. Only Orkney issued no notices in the last year.

Development Plan Departures

Applications advertised as potential departures fell from 1,621 to 1,528 in the reporting year, reflecting a fall in applications in most categories apart from householder for the year. The rate of approved departures has fallen slightly at almost 13 in every 1,000 applications. As in previous years there remain significant variations between planning authorities. South Lanarkshire was well ahead with in excess of 40 per 1,000 applications. Four councils recorded no approved departures.

Development Plan Coverage

There has been a small increase in the number of plans adopted in the last 5 years but almost 40% of local plans were adopted more than 10 years ago. The approval of the Glasgow and the Clyde Valley Joint Structure Plan in May 2002, coupled with the Glasgow City Plan adopted August 2003, is a positive step and provides the authority with complete and up-to-date development plan coverage.

Telecommunications

Planning authorities have been asked to submit separate statistics on applications for telecommunications developments since the introduction of the new planning controls in July 2001.

The number of telecommunications applications received by planning authorities during 2003 was 850, this was a drop from the previous year's figure of 1,011 applications. During 2003 the average number of telecommunications planning applications determined within 2 months was 57%. However, the number of authorities failing to submit their return has increased, so these figures should be treated with some caution.

Other noticeable changes are a reduction in the delegation of decision making and a fall in the number of appeal cases, with decisions on appeal being more evenly divided between appeals upheld and appeals dismissed.

The Executive is considering a change in the arrangements for gathering information on telecommunications applications, such as collecting information consistent with the 6-monthly general data gathering exercise for planning applications.

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