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2003 SIXTH ANNUAL REPORT OF THE PLANNING AUDIT UNIT

SCOTTISH EXECUTIVE PERFORMANCE

Structure Plans

Scottish Ministers aim to approve structure plans within 40 weeks of submission, unless an EIP is necessary. Performance in processing submitted plans to approval against the 40-week target since March 2000 has been variable but in the last year the Perth and Kinross and Western Isles plans have been successfully determined in 38 and 34 weeks respectively.

STRUCTURE PLANS: TIME TAKEN FOR APPROVAL

Casework Performance

In the period April 2003 to March 2004, 84% of cases notified to Scottish Ministers were determined within 28 days against a target of 80%, while 94% were determined within 2 months against a target of 100%. Since 1997/98 the the number of cases handled has increased by more than 50%.

In the same period the percentage of decisions on inquiry cases made within 2 and 3 months of receipt of report from Scottish Executive Inquiry Reporters Unit (SEIRU) was 74% against a target of 80% and 82% against a target of 100% respectively.

Notified Applications

(including NIDs): time taken to clear or call-in

Inquiry Cases

(including recalled appeals and called-in notified and NID cases): time taken to determine from receipt of report from SEIRU

Scottish Ministers' Involvement in Planning Cases

The table opposite sets out the number of planning decisions made in each local authority and the level of Scottish Executive involvement (the number of notified applications, Notice of Intention to Develop cases and recalled appeals). Since the number of cases annually is fairly small, the figures are given for the period April 1996 to September 2003. Ministers' involvement in casework is very limited in all parts of the country compared to the number of decisions made by councils.

PLANNING DECISIONS AND SCOTTISH EXECUTIVE CASES: April 1996-September 2003

The table opposite shows notified cases. Over the period April 1996 to March 2004, 1,597 cases were notified to the Scottish Ministers. During that period 214 (13%) were called-in and a decision to refuse was made in 98 (6%). Edinburgh, Glasgow and North Lanarkshire Councils had the highest number of notified applications, while Highland Council had the highest number called-in and refused, most were trunk road referrals.

CASES NOTIFIED TO SCOTTISH EXECUTIVE, CALL-INS, REFUSALS: April 1996-March 2004

POINTS FOR THE SCOTTISH EXECUTIVE

In audits this year, these key points were made by service users, councillors and staff.

Guidance and Advice

• The high number of SPPs, NPPGs, PANs and Circulars is resulting in information overload. The number of SPPs, NPPGs, PANs and Circulars is an unavoidable consequence of the complexity of the issues which the modern planning system has to address. We need to ensure that decision makers and users of the planning system have the information they require to carry out their jobs. New policy or advice is however, only produced when there is a clearly identifiable need and we aim to make any guidance as understandable and straightforward as possible. The number of NPPGs will be reduced through consolidation and review as SPPs.
• SPPs, NPPGs and PANs can be vague, which means that both the supporters of development proposals and those against are able to find policy statements that support their viewpoint. We aim to provide clear policy and advice, however there are limits to how precise it can be without prejudicing its effectiveness. It is not possible for policy or advice to cover all situations and there is a need to allow flexibility. Planning authorities must balance policy and advice alongside the development plan and other material considerations when reaching a decision.
• The Scottish Executive needs to encourage house builders to improve design standards. Designing Places was published in November 2001. This has been followed by PANs on Housing Quality and Design Statements. The importance of design is emphasised in our regular discussions with the house builders. The Executive is also undertaking some research to compare and contrast the process to achieve good housing design between Scotland and Bavaria. As part of this research representatives from the house builders and other interested parties were taken to Bavaria to look more closely at their housing developments. In addition, the publication of research into improving residential street design is due to be issued as a PAN this summer.
• The resource implications of new initiatives such as Transport Assessment and SuDS need to be considered. Also how initiatives such as green travel plans are monitored and enforced. National policy is now subject to regulatory impact assessment which considers, amongst other things, the financial implications of new policy.
• Need detailed publications on trees, as there is none available except those applicable to England. In 2002, the Executive commissioned research into the effectiveness of TPOs in Scotland. The report concluded that the present system is fundamentally sound, although it did make a number of recommendations for action by Ministers and local authorities. The need for additional guidance was highlighted in the report. Measures to amend TPO procedures will be considered for inclusion in the forthcoming Planning Bill. In this context the Executive is considering the need for additional guidance relating to trees and tree preservation orders.

Development Control

PLIs and appeals place a high level of demand on local authority resources. The consultation paper Modernising Public Local Inquiries was issued in June 2003. The paper considered the scope for modernising the inquiry process and opportunities for better practice. The responses to the consultation, which ended in November 2003, are being analysed.

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