| Description | Provides the opportunity for people from a wide range of interests to put forward and exchange their views on planning. |
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| ISBN | |
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| Official Print Publication Date | |
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| Website Publication Date | May 23, 2005 |
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Listen
May 2005
Note - the following is a synopsis of comments made
during the meeting. Comments recorded here do not
necessarily reflect the views of the Scottish
Executive.
ISBN
0 7559 2561 0 (Web only publication)
This document is also available in
pdf
format (280k)
CONTENTS
INTRODUCTION
SUMMARY OF MEETING
WORKSHOP SESSIONS - POINTS ARISING
REPORTING BACK
MEDIATION AND PLANNING
LOCAL PLANS INCLUDING LOCAL PLANNING FORUMS
NEIGHBOUR NOTIFICATION
RURAL DIVERSIFICATION
E-PLANNING
PLENARY SESSION
OUTCOMES
ANNEX 1: LIST OF PARTICIPANTS
ANNEX 2: AGENDA
ANNEX 3: WORKSHOP 1-PAGERS
INTRODUCTION
National Consultative Group on
Planning
1. The built environment is of interest to most people
in Scotland. It is one of the things that impacts directly
on where people live and work. However, the Scottish
Executive's experience suggests that it has proved
difficult to engage people in discussions about strategic
issues related to planning. People's engagement in planning
tends to be reactive (for example, when objections are
being made to a specific planning application) rather than
proactive, and at a point where it may be too late to
influence the process. We are keen to find ways of giving
people an earlier, more meaningful involvement in
discussion of the more strategic planning issues. Our 2002
consultation paper
Getting Involved in Planning contained proposals
to enhance and strengthen public involvement in the
planning system including seeking comments on a National
Consultative Group.
2. Subsequently,
Your Place, Your Plan, a White Paper on public
involvement in planning, was published in March 2003. It
contained a commitment to establish a National Consultative
Group on Planning as a means for people from a wide range
of interests to put forward and exchange their views on
planning, to alert interested parties to current planning
issues and to share examples of good practice. The first
meeting of this group took place in Glasgow in February
2004. The intention is to hear views from across Scotland
and this second meeting will be followed by another meeting
this year in Inverness.
The Scottish Civic Forum
3. The Scottish Civic Forum is a network organisation
which was set up to get people more involved in the
decisions that affect them. This is done through a variety
of means, including the preparation of monthly newsletters
on participating in the work of the Scottish Executive and
the Scottish Parliament. The Forum also regularly prepares
briefing papers on Executive consultation exercises and
hosts events across Scotland on topical issues. The role of
the Forum in this event was to provide a neutral convenor
and to encourage civic organisations to attend. It also
provided trained facilitators for some of the workshops;
the other facilitators were Max Cowan (an expert on
mediation) and Karol Swanson, Planning Aid for
Scotland.
4. In its independent role, invitations were issued by
the Scottish Civic Forum. These were sent out widely to the
Forum's contact list of roughly 2000 people and
organisations as well as interested civic organisations and
individuals suggested by Forum council members and local
co-ordinators.
5. In addition, the Scottish Executive invited
interested parties such as local authorities, community
planning partnerships, local rural partnerships,
representative business Interests and
professional/amenity/environmental interests. The event was
publicised further by an advertisement in the Perthshire
Advertiser and posters were sent to the relevant Scottish
Parliament Partner Libraries. An article was also published
on the Rural Gateway website. A list of participants is at
Annex 1.
SUMMARY OF MEETING
6. The meeting opened with a short introduction from
Debbie Wilkie, Director of the Scottish Civic Forum and
convenor of the meeting. She welcomed the group and
explained the programme for the day (Annex 2). This was
followed by a speech by Malcolm Chisholm
MSP, Minister for Communities; and
presentations by Tim Barraclough, Head of Planning Division
1 in the Scottish Executive, and Karol Swanson of Planning
Aid for Scotland. A brief overview of these speeches
follows.
Minister for Communities
7. Malcolm Chisholm
MSP welcomed the group and began by
reflecting on the purpose of the planning system and
identifying what it is meant to achieve. He stated that our
planning system is to guide development, redevelopment and
regeneration to suitable locations and to offer safeguards
against inappropriate development. It must also respect the
rights of the individual while acting for the good of the
wider and longer term interests of the community, which can
be a difficult balance to achieve. For an effective system
partnership working, genuine community involvement and good
dialogue with developers are all needed.
8. Mr Chisholm continued by highlighting the modernising
agenda set out by the Executive. The Partnership Agreement
contains a commitment by the Executive to improve the
planning system,
"to strengthen the involvement of local communities,
speed up decisions, reflect local views better and allow
quicker investment decisions". It was stressed that it
is possible to have a system that is both efficient and
inclusive. However, it was acknowledged that with some
planning policies and decisions these priorities can and do
come into conflict.
9. The commitment made by the Scottish Executive in
Your Place, Your Plan to engage individuals and
communities more thoroughly in the planning process was
discussed, with the explanation that, as well as holding
the National Consultative Group, other initiatives are
being taken forward. These include building up existing
mechanisms for public involvement; requiring planning
authorities to give reasons for all planning decisions and
make these widely available; and giving Councils the
responsibility for carrying out neighbour notification (a
workshop topic for the day). The importance of public
involvement at an early stage in the planning process is
considered crucial, as many people get involved in reaction
to a specific project, often when it is too late to really
influence the decision. This can create frustration and
enduring cynicism towards planning. Ensuring planning
engages earlier and with a wider section of the community
is a key challenge for the reformed planning system.
10. In addition, Mr Chisholm highlighted the funding of
£115,000 over the last two years allocated to Planning Aid
for Scotland which has helped with the recruitment of extra
staff, training of additional volunteers and production of
high quality promotional material. It was recognised that
people and community groups across Scotland have benefited
from the free, impartial, expert advice that Planning Aid
offers. Another mechanism for public involvement,
e-planning, was outlined. The role of e-planning, at both a
local and national level, was stressed as new technology
offers opportunities for people to get involved in planning
in a way and at a time that suits them. There is the
possibility to access development plans and electronic
submissions, process and track planning applications, and
on the Inquiry Reporters Unit website, view the progress of
planning appeals.
11. Mr Chisholm concluded by stating "I believe that
individuals and communities want and deserve a planning
system which is more inclusive, straightforward and
responsive to their needs. I hope that events such as
today's help to make planning a little clearer and more
accessible to the wider community".
Tim Barraclough
12. Tim Barraclough followed with a presentation on the
planning system. This included an overview of the system in
general, describing the different roles of local and
structure plans and explaining the roles of the Scottish
Executive and the local authorities. He particularly drew
attention to the Executive's role in giving advice, making
planning policy, monitoring the operation of the planning
system, and dealing with the casework of major or
controversial planning applications and appeals.
13. The commitment in the Partnership Agreement was
again highlighted, showing the need to balance the
potentially conflicting ideals of more participation and
speedier decision-making. This theme was to be explored
further by the mediation workshop, with the discussion on
the extent to which mediation can help reduce conflict and
tension in planning.
14. The main criticisms of the planning system were
outlined. These included: the out-of-date plans of many
local authorities, the length of time to make a decision,
and the way in which the community often feels a plan does
not accurately reflect their views. These issues would be
less significant if the system were consistently to produce
quality developments, but the reality often falls short of
this ideal.
15. The three strands to the modernising agenda were
outlined - the Review of Strategic Planning, Design, and
Public Involvement. Some of the main conclusions from the
Review of Strategic Planning are the publication of the
National Planning Framework; the proposed removal of the
two tiers of plans for the majority of Scotland and
replacement with City Regions plans for the four major
cities (ie Edinburgh, Dundee, Glasgow and Aberdeen) and
Local Development Plans taking the place of local plans;
and the change from National Planning Policy Guidelines to
Scottish Planning Policies. It was also emphasised that
modernisation to development plans requires more than
procedural change so that consultation, management, content
and delivery are all reassessed.
16. Following on from Mr Chisholm's speech, Mr
Barraclough picked up on the conclusions of
Your Place, Your Plan. He stated that in addition
to the National Consultative Group, that it was important
to stress local forums, as planning is mainly carried out
at a local level. One of the workshop topics included
reference to Local Planning Forums and was to discuss in
part what these forums should do, who would be involved and
what status they would have. Mr Barraclough also spoke on
the consultation on widening the rights of appeal, and the
importance of e-planning in providing a modern accessible
system. In particular it was noted that many planning
authorities have made great progress with their websites
and that there would be an opportunity throughout the day
and in the e-planning workshop and demonstration to see and
discuss this.
17. He concluded by summarising the National
Consultative Group's role as an element of wider engagement
with communities and emphasised that the Scottish Executive
want to use the group to hear the views on its current
programme of reform and beyond.
Karol Swanson
18. Karol Swanson began her presentation with an
overview of Planning Aid for Scotland's role as an
impartial charity formed in 1993 that provides free advice,
information and training on planning matters. She outlined
the public conception of the planning system as
inaccessible and bureaucratic; a process that "happens to
them'. She explained that the barriers to involvement are
many, including a lack of resources to assist participants,
mistrust of local authorities' attempts at involvement and
'
NIMBYism', but there are several ways to
overcome them. These include learning the planning
language, opening up local debates to include others and
cascading the information learned at events through the
community. Local people have valuable knowledge to give to
planners about their area and the needs of their community.
If they have a say in how they want their communities to
develop then the Scottish Executive vision of "strong,
vibrant and healthy communities" may become reality.
Workshops and Plenary
19. The meeting then broke into two rounds of workshops,
with a total of five workshops being held in each session.
These involved a presentation and discussion on e-planning,
as well as workshops on Mediation, Local Plans (including
Local Planning Forums), Neighbour Notification and Rural
Diversity. The facilitators were asked to seek a Reporter
who would summarise the discussions into five key points.
Roger Kelly of the Scottish Executive co-ordinated the
output from these discussions and reported them back to the
whole group in the plenary session. This was followed by an
open discussion. Details of this are set out in the
following pages of this report.
WORKSHOP SESSIONS - POINTS
ARISING
INTRODUCTION
Attendees were asked in advance to consider which of the
five workshops were of particular interest to them and were
allocated their preferences where possible. The structure
of the day allowed each attendee to contribute to two
workshops. They were also provided in advance with copies
of 1-page handouts for each of the workshops as a way of
facilitating discussion and debate. These can be found in
Annex 3.
Each workshop was led by an independent facilitator.
Members of the workshop were asked to appoint a Reporter
who was then asked to provide at least five key points for
the Reporting Back session.
Following discussion with the Reporters, Roger Kelly of
the Scottish Executive collated the comments from each
workshop for the Reporting Back session thus allowing all
attendees a flavour of the discussions.
REPORTING BACK
The following is an overview of the comments made at
each of the individual workshops.
Mediation in Planning
The Mediation workshops defined their topic as "dispute
resolution in planning through the intervention of an
independent third party". True mediation is not a
negotiation of the kind that might be carried on before a
planning application is submitted or before a local plan
inquiry is heard into objections. It is not a substitute
for community involvement either. But it can help to build
understanding and it can go on to help resolve conflict.
Mediation must be undertaken as early as possible to help
build understanding and head off conflict. But it has a
part to play in different stages in the process. Its
powerful role in brokering understanding of the details of
development should not be underestimated. Used effectively,
and at the right stage, mediation has the potential to save
time and vast amounts of money. It can also reduce stress
through better understanding. All in all, the groups heard
a vast range of opinion, positive and negative, on what
mediation can achieve.
Local Planning
The workshops on Local Planning Forums explored an idea
floated previously by the Executive to build up
opportunities for effective public involvement in planning
in the longer term and to provide effective channels for
feedback. In touch with local issues and expertise, the
forums would deal with all aspects of the planning service
in an area. There was a strong workshop view that the
community's input to planning should be a priority and
given proper weight and resources. "Above all, the need is
for constant engagement, not consultation, and we should
learn from past experience." Some were cynical about the
value of a constant arrangement, because it might just
involve the usual suspects. It is important to engage
people with the issues rather than just responding to
proposals. But old habits die hard and the "Scottish
Executive is misguided if it thinks attitudes are going to
change in the short term." Apathy is the main problem, this
comes from a feeling of powerlessness: "People want a
system they can influence". If there is no chance to
influence the council's planning policy, implementation and
service, the Forum would have no purpose. A good example of
work with service users in Aberdeen was mentioned.
Neighbour Notification
The Neighbour Notification workshops heard reports of
bad experiences: people being given wrong or misleading
information by applicants and sometimes not being notified
at all: "Councils surely must be better at doing things
right". "We need to get information out to key folk
quickly". This means clearly defining neighbours and
ensuring they are notified, but also reaching out more
widely to community groups. There are problems for areas
that don't have active community councils or groups. There
are problems for neighbours who may be disabled, elderly or
speak another language, who may find it difficult to follow
up the notification. At least the council can make sure
that the form of notification clearly describes the
proposals without misleading or frightening people, and can
show people where to get more help and information. The
workshops looked beyond neighbour notification to websites
and billboards as possible channels of information about
planning proposals and intentions. Websites should be
easily accessible, no-one should feel excluded, and
"community involvement needs to be properly resourced".
Rural Diversification
In the Rural Diversification workshops, flexibility was
a key theme; flexibility to respond to local needs and
flexibility in the definition of rural and urban. Both
workshops thought more planning should be devolved to
communities: there should be local community participation
in identifying needs and appropriate development. The
planning powers-that-be should show a lot more sensitivity
to rural types of development, to particular localities,
and to the needs of the farming community as custodians of
the land. Rural areas seem to suffer a jumble of
conflicting actions and policies. We need long term vision
and joined-up action. "Wealthy visitors pushing out the
locals" and "closing the post office and closing the
schools while we seek more land for housing" need sensible,
practical responses, yet decisions are not being joined up
because there is no proper vision in the first place.
The lack of joined up thinking extends to the way grants
and regulations are applied, often with locally-adverse
consequences: "lots of money is being spent: we should be
spending it better to get the results we want in each
area". We need joined-up policies between agencies.
Empowering communities could play a part in doing things
right in each area, looking at support for local facilities
and opportunities for new development, remembering that
local knowledge is vital and rural land tends to be held in
very few hands. The point was made that for all the
rhetoric about small is beautiful, local needs for
development are often rejected and it seems easier to get
away with the really big things in the countryside. We need
to think about scale: Scottish, regional and local. And
about sustainability: economic, social and environmental.
"Let's be opportunistic, not mechanistic", and avoid
following set formulas blindly. "Let's be optimistic, too",
there are plenty of good examples of planning on the ground
("creating tourist attractions on the back of aggregates
working for example") we can learn from and be inspired
by.
e-planning
The e-planning workshops explored the new online
planning information and service options becoming available
from planning authorities. The opportunities were there for
businesses, community groups and the public to get what
they needed to know twenty four hours a day. Some saw a
danger that e-consultation might grow at the expense of
face-to-face contact. We should think of it as an
enhancement of existing services, not a replacement. As a
priority, awareness of e-planning and its potential needs
to be raised with the general public. Second, there should
be proper attention to staffing, training and realistic
expectations of resources to implement the new services.
Some administrative savings could be made.
Thirdly, effort should be put into getting consistent
e-planning services across every part of Scotland. This
should not be by holding back the pioneer authorities, but
in setting standards and securing resources for the others
to follow. We need to ensure we have the capacity for
future use. A fourth point raised in the workshops was
about the benefits of visualisation. Maps, images, air
photographs, 3-D models and fly-throughs could all help to
give a better idea of the impact of new development and the
interaction of geographic factors: these are already used
for computer games, we should explore their uses for
consultation and decision-making. Finally ("to avoid
e-estrangement") we should remember the diversity of
service users and aim to help them to meet their own needs,
augmenting the 24/7 access with easy searchability and the
necessary range and depth of topic information and planning
history, so that their decisions, comments and judgements
on land use and property matters can be better
informed.
The message of several workshops was that there are many
legitimate voices. People don't want to be excluded just
because "you're not from round here", "you're not a
neighbour", "you're just a
NIMBY", "You don't know what you are
talking about", "You're not in the majority", "No-one else
says that". They want to be able to understand what is
happening. To have their voices heard, their viewpoints
valued, and clear explanations when decisions are made.
PLENARY SESSION
In the plenary session, Debbie Wilkie (Scottish Civic
Forum) invited comments on the theme of the planning
system. The following substantive points were made:
- There is a delicate balance between making the
planning system faster yet more inclusive. The planning
system is seen to be failing if it is too slow, but if
the results are unacceptable to the general public it
is also failing.
- It is problematic to get individuals to consider
strategic planning. Most individuals react to
proposals. Possible that change could come about
through different dealing with the media and
education.
- Planning needs to interface more with other
departments within local authorities to be truly
effective. (It was pointed out that effective planning
departments should already be doing this.)
- Community councils could be used more effectively.
They could help with Plain English for the different
planning documents (for example a glossary at the back
could be helpful) and disperse the information
effectively. They should also be reformed so that they
are a true reflection of the community they
represent.
- It is important that the public have realistic
expectations. Participating does not mean that you get
what you want all the time.
Debbie said that these were all useful points and would
be reflected upon.
The meeting closed at 15.00, with the Group being
thanked for their participation and contributions.
OUTCOMES
The Executive agreed to provide an update to attendees
on how their input to the
NCG impacted on Executive thinking. The
outcomes for individual topic areas are highlighted below.
Where it has been indicated below that no further progress
has been made on a particular issue since the meeting, this
does not include the further meeting of 30 November in
Inverness. This meeting has provided additional views for
consideration.
Mediation and Planning
There has been no further progress on work towards the
consideration of mediation in planning since the meeting.
However, the workshop contributions will form a valuable
part of the Executive's consideration of this matter when
time and resources permit further work to be taken
forward.
Local Plans (including Local Planning
Forums)
The workshop discussing local plans raised many useful
views and interesting experiences on the important issue of
how neighbours are most effectively notified of planning
issues when they arise.
It was helpful to hear the views on the proposal to
directly notify neighbours of site specific polices and
proposals being put forward in the local plan. There was
support for this initiative provided it is practical and
not overly burdensome.
There has been no further progress on work towards the
consideration of the broader aspects of local planning
forums since the meeting. However, the workshop
contributions will form a valuable part of the Executive's
consideration of this matter when time and resources permit
further work to be taken forward.
Neighbour Notification
The workshop discussing neighbour notification raised
many useful views and interesting experiences on the
important issue of how neighbours are most effectively
notified of planning issues when they arise. All the points
expressed are being considered by a Scottish Executive
working group set up to look at the current practice of
neighbour notification and recommend how it should operate
under the new system.
It was encouraging to hear support for the Executive's
proposal to transfer the responsibility for carrying out
neighbour notification from applicants to local
authorities. It was felt this would give communities
greater confidence in the system. The suggestion from some
in the workshops for direct notification to be extended to
a much wider area is being considered against the concerns
raised that additional burdens and costs would be placed on
local authorities.
The Neighbour Notification working group is currently
addressing all the views made as it draws up detailed
proposals for legislative change.
Rural Diversification
The comments by the groups were very helpful in
assisting the Executive to finalise its package of planning
measures for rural Scotland, which was published on
7 February. A number of points either helped to confirm
some of the Executive's initial thinking or prompted some
further thinking. The vision set out in Scottish Planning
Policy 15
Planning for Rural Development
http://www.scotland.gov.uk/library5/planning/spp15-00.asp
will be important to delivering prosperous and sustainable
communities, with community involvement key to helping to
deliver these objectives. The general thrust of
PAN 73 (
http://www.scotland.gov.uk/library5/planning/pan73-00.asp)
was welcomed and a number of important points were raised
and considered in the conclusion on what the
PAN should address. The
PAN has sections that deal with:
recognising individual circumstances, defining what rural
is, community involvement, business location, the
importance of liaison with other agencies, issues of scale,
and deals with issues surrounding the sustainability
triangle of environmental, economic and social factors.
E-Planning
In November 2004, the Executive published Planning
Advice Note 70:
Electronic Planning Service Delivery (
http://www.scotland.gov.uk/library5/planning/epan70-01.asp). The purpose of this
PAN is to identify how new technology
can improve the delivery of the planning service. It sets
out the online information and services that need to be
provided by the Scottish Executive, planning authorities
and other organisations responsible for the efficient
operation of the planning system.
It also highlights the e-Planning Compact which sets out
the Scottish Executive's and planning authorities' agreed
aspirations for an effective e-planning service and details
the objectives for delivering planning information and
services in the short, medium and long term.
Since the National Consultative Group meeting the
Executive, in partnership with the e-Planning Group, has
continued to promote the use of e-planning to improve
service delivery. Planning authorities are continuing to
enhance their internet sites to provide access to planning
information and services. Additionally, a joint bid by the
Executive, planning authorities and other governmental
organisations has been submitted to the Efficient
Government Fund. If this bid is successful it will enable
rapid advancement of e-planning services across
Scotland.
ANNEX 1: LIST OF
PARTICIPANTS
Michael J B Almond | Errol Community Council |
Rory Anderson | Dundee City Council |
Shiona Baird
MSP | |
Robert Ballantine | Dundee Community Mediation |
Helen Barnard | Pollokshields Heritage |
Tim Barraclough | Scottish Executive |
Piers Blaxter | Aberdeenshire Council |
Claire Brady | Co-operation and Mutuality Scotland |
Nigel Buchanan | Stirling Civic Trust |
Katrina Burns | Scottish Executive |
Richard Bush | Aberdeen City Council |
Mary Clarke | City of Edinburgh Council |
Max Cowan | MMC - Planning
Consultant |
Kelly Curran | Disability Rights Commission |
Karin Currie | Pollokshields Heritage newsletter |
Anne Curtis | Glenfarg Community Council |
Tess Darwin | Scottish Natural Heritage |
John Duff | RICS Scotland |
Brian Frater | Scottish Borders Council |
Bill Fyfe | ACT |
Mike Galloway | Dundee City Council |
Jim Gerrard | ACT |
Edith Hamilton | |
Anne Haskell | Balmullo Community Council |
Barbara Illsley | Dundee Planning School |
Jim Irons | Perth and Kinross Council |
Graham Jones | Scottish Executive |
Roger Kelly | Scottish Executive |
Greg Lloyd | Dundee Planning School |
James Lochhead | A & J Stephen, Homes for
Scotland |
Peter Marshall | Perth and Kinross Council |
Jim McCulloch | SEIRU |
Ken McGregor | Angus Council |
Linda Miller | |
Tony Miller | |
Iain Mitchell | Angus Council |
Angie Moohan | Scottish Civic Forum |
Paul Morsley | Saltire Society |
Peter Noad | Scottish Enterprise Tayside |
John O'Brien | Scottish Executive |
Katy Orr | Communities Committee, Scottish
Parliament |
Jane Overton | Scottish Civic Forum |
Alan Page | Cowdenbeath Community Council |
Stephen Page | Dundee City Council |
Deborah Peel | Dundee Planning School |
Pat Petrie | Clackmannanshire Council |
Eddie Phillips | East Renfrewshire Council |
Andrew Pulford | Scottish Consumer Council |
Peter Reid | Touch and Garvock Community Council |
Graham Robinson | Scottish Executive |
Iain Ross | Dundee City Council |
Dr Alister Scott | The Macaulay Institute |
Pat Scrutton | Better Government for Older People |
Rebecca Sloan | |
Vivien Smith | Angus Council |
Ian Swanson | Monmail Community Council |
Karol Swanson | Planning Aid for Scotland |
Steve Taylor | Ideeas, On behalf of
CBI |
Ben Train | Scottish Executive |
Helen Webb | Highland Perthshire Communities
Partnership |
Debbie Wilkie | Scottish Civic Forum |
Paul Zochowski | East Lothian Council |
ANNEX 2: NATIONAL CONSULTATIVE
GROUP MEETING, 15 NOVEMBER, SENSATION, DUNDEE
Programme
09.30 - 10.00 | Registration and Coffee |
10.00 - 10.05 | Welcome and purpose - Debbie Wilkie,
Director, Scottish Civic Forum |
10.05 - 10.20 | Opening address by Malcolm Chisholm
MSP, Minister for
Communities |
10.20 - 10.35 | Presentation on Modernisation of
Planning - Tim Barraclough, Head of
Planning Division 1, Scottish Executive |
10.35 - 10.45 | Planning for Better Communities - Karol
Swanson, Planning Aid for Scotland |
10.45 - 11.45 | Workshops - Mediation in Planning
- Local Planning (incl Local Planning
Forum)
- Rural Diversification
- Neighbour Notification
- E-Planning
|
11.45 - 12.00 | Coffee |
12.00 - 13.00 | Workshops (above repeated but
participants rotated) |
13.00 - 14.00 | Lunch |
14.00 - 14.40 | Report back and Plenary |
14.40 | Closing remarks |
E-Planning demonstration will also take place
over the coffee and lunch breaks
ANNEX 3: WORKSHOP 1 - PAGERSMediation in Planning workshop - Background
Note
1.
Getting Involved in Planning (
http://www.scotland.gov.uk/library3/planning/fipc-00.asp),
published by the Executive in November 2001) sought views
on the use of mediation in planning: whether and when it
could be recommended, how it could be funded and arranged.
The paper said that mediation, commonly used in business,
family and neighbour disputes, might have a useful role to
play in planning. For example it might help to resolve
disputes between potential developers and objectors at
pre-application stage or after a planning application
refusal. It may also have a role in resolving objections
when a local plan is finalised, before a public local
inquiry is held. Successful mediation depends on both
promoters and objectors of development being willing to
meet and consider compromise. Research in England showed
that the main benefits of mediation might be in householder
cases. We could see there could be difficulties when one
party is a public body with statutory duties. While we
thought it was too early to suggest any formal role for
mediation in planning, we welcomed views.
2.
Your Place, Your Plan (
http://www.scotland.gov.uk/library5/planning/ypyp-00.asp),
published in March 2003, noted that mediation was held to
be useful as an additional option in dispute resolution,
but in relatively limited circumstances. Respondents
suggested that mediation had the potential to save time and
expense, and to help all parties better understand the
issues where there were disputes. It was likely to be
helpful in relation to householder or other small scale
applications, applications contrary to planning policy or
where there was significant community interest or
opposition. Some respondents queried the value of
mediation, commenting that the approaches involved were
already a part of current planning practice.
3. Regarding the organisation and funding of mediation,
the most prevalent view was that it needed to be an
independent service to gain credibility and trust. There
was no consensus as to how it should be funded. We noted
that there may be merit in mediation in planning in the
right circumstances. Our view was also that there is scope
for planning authorities to use mediation to reduce the
range and number of objections in local plan inquiries.
4. In addition, the
Partnership Agreement says that the Executive will
examine the mechanisms required for pre-application
consultation and mediation in the planning process,
including, where appropriate, involvement by local
councillors, revising the councillor's code of conduct to
assist this, so communities can engage with developers over
controversial applications.
5. Attendees at the first
NCG meeting reflected similar concerns
about mediation with the early involvement of communities,
including at the local plan stage, being suggested by a
number of people. In addition, the distinction was made
between mediation, which would take place once a firm
proposal was in the public domain, and early interaction
with affected parties or communities before firm proposals
were submitted to the local authority.
Issues you may wish to consider for the
workshop:
- Have you used mediation in the context of planning?
If so, how did it work? What were the circumstances
that led you to do this? Was it a positive
experience?
- How could mediation in planning attain the
"independent" status that consultation respondees said
was important? How should such a service be
funded?
- To what extent should the Executive become
involved? Should it be left to councils to progress
this, using professional mediators and others as
appropriate?
Local Plans including Local Planning Forums -
Background Note
1. It is very important that the views of individuals
and the local community are fully considered when decisions
are made on planning matters. In order for people to be
able to comment they first need to be aware when a proposal
is being put forward, right from the preparation of a local
plan through to the consideration of a planning
application.
2. Publicising the preparation of a local plan, and the
proposals contained in it, has traditionally centred around
mail drops, press adverts, public meetings and general
media coverage. Many people still complain of a lack of
awareness of the proposal being put forward in the local
plan. Often when an application is put forward they feel
frustrated that the principle for that development has
already been agreed in the local plan, the existence of
which they were not aware.
3. The suggestion that Councils directly notify people
who may be affected by proposed policy changes in the
development plan was supported by the majority of
respondents to the White Paper
Your Place, Your Plan (published by the Executive
in March 2003)
. But while individuals and community groups were
strongly in favour of the idea, seeing it as a means of
encouraging much better, continuous communication on
development plans, local authorities were opposed. Councils
suggested that the proposal would have significant resource
implications and was likely to lengthen the timescale for
local plan production. To improve participation in the
preparation of local plans, the
Your Place, Your Plan confirmed the Executive's
decision to pursue a proposal to supplement traditional
forms of publicity with direct notification to neighbours
of key proposals in a development plan. As this is an
entirely new aspect of the planning system, it is important
we design it so that it useful, practical and not overly
burdensome, perhaps by focusing on certain types or sizes
of proposals.
Your Place, Your Plan paper:
http://www.scotland.gov.uk/library5/planning/ypyp-00.asp
Getting involved in Planning consultation paper:
http://www.scotland.gov.uk/library3/planning/fipc-00.asp
4.
Getting Involved in Planning (published in
November 2001) suggested that councils should consider
setting up more active consultation arrangements through
local planning forums. The Executive noted that these
forums could be used to encourage discussion and build up
local interest and expertise in the full range of planning
issues in an area. Your Place, Your Plan recognised that
the consultation responses showed strong support for this
idea, although this was qualified by requests for more
detailed information on issues such as the remit, status
and composition of forums, and how they would fit with
existing and developing mechanisms for community
involvement.
- In the past how have you learnt about the
preparation of your local plan?
- What types of development proposals would
you like to be notified about?
- How would you expect to be
informed?
- How best can the community be informed to
ensure a representative view, rather than only
those individuals neighbouring the proposal
site?
- If you have experience of local planning
forums, what scope do you think they could play in
local plan preparation? Who would be involved in
these forums? What status would they have?
Neighbour Notification Workshop - Background
Note
1. It is very important that the views of individuals
and the local community are fully considered when decisions
are made on planning matters. In order for people to be
able to comment they first need to be aware when a proposal
is being put forward, right from the preparation of a local
plan through to the consideration of a planning
application.
Planning Applications
2. There are a number of existing methods used to
publicise planning applications. These include letters,
site notices, weekly lists, websites and local press
adverts. The present neighbour notification system is based
upon self-certification by the applicant. It differs from
England and Wales where planning authorities have the duty
to make sure notification takes place.
Getting Involved in Planning (a consultation paper
published by the Executive in November 2001) suggested that
If authorities carried out neighbour notification, it
should be more consistent, the notice should be more
accurate, plans and documents would be available for
inspection and the period for making representations should
correspond to the period when the authority cannot
determine the application. This should raise public
confidence in the system.
Getting Involved in Planning consultation paper:
http://www.scotland.gov.uk/library3/planning/fipc-00.asp
3. The White Paper
Your Place, Your Plan (published in March 2003)
noted that this proposal was broadly supported by most
groups, albeit largely qualified by comments that
significant extra resources would be required by councils
as a result. Indeed local authorities were mainly opposed
to the idea on the grounds that there would be a
significantly increased administrative burden, a strain on
resources, and potential delays in the processing of
planning applications. The Executive's intention is to
transfer the responsibility for notifying neighbours by
letter from applicants to local authorities.
Your Place, Your Plan paper:
http://www.scotland.gov.uk/library5/planning/ypyp-00.asp
4. The Executive considered that there are significant
benefits in passing neighbour notification responsibility
to local authorities and would therefore be implementing
this proposal. It accepted in principle the need for
increased fees as a result, and is to examine the
appropriate level of any increase building on the existing
evidence base. As the Executive moves to this new system
there is an opportunity to adjust the existing notification
arrangements; for example, only those neighbouring the
development site or within 4 metres will receive a
notification letter.
- If the site adjacent to you was being
considered for development how would you expect to
hear about it?
- Should anyone other than the immediate
neighbours be directly notified?
- What is your opinion of the usefulness of
these methods of notification?
- A local newspaper advert - do you
read these? are they easy to understand?
- A site notice - do you stop to look
at these?
- A large billboard placed on the site
or side of the building - would this be effective?
- A letter through your door - would
you respond to this?
- The Council's website. - do you have
access? Would you check for new development
proposals?
- What other methods could be introduced to
notify people of development proposals that may
affect them?
Rural Diversification - Background
Note
1. In 2002, The Scottish Executive commissioned research
to evaluate the effectiveness of National Planning Policy
Guideline 15: Rural Development. The findings of the
research have informed a new Scottish Planning Policy 15:
Planning for Rural Development (
SPP) 15, a consultative draft of which
was published in January 2004. The final version of
SPP 15 will be published before the end
of the year along with two Planning Advice Notes (
PANs) providing examples of good
practice in rural development; one on 'Housing in the
Countryside' (Revised
PAN 36) and one on 'Rural
Diversification'. Your views will be helpful in assisting
us to finalise these publications.
2. The revised
SPP 15 recognises that the planning
system has an important role in supporting rural life,
rural communities and the rural economy, and sets out a
vision for a more confident, forward looking and diverse
rural Scotland (Rural Scotland is defined as the
countryside, and settlements of 3000 people or less). It
recognises that many landowners, including farmers, have
diversified away from traditional farming and forestry, and
that many other rural businesses are also expanding into
new areas. The
SPP encourages further diversification
of the rural economy. It encourages planning authorities to
liaise closely with organisations, such as Scottish
Enterprise, to help promote and support business
opportunities in development plans. It also states that
diversification is likely to be most appropriate in
locations where access, particularly by public transport,
drainage capacity and
IT infrastructure exist or can be
provided at reasonable cost. Developments with the added
value of employment generation or community benefits are
encouraged, especially where they involve the imaginative
and sensitive re-use of land and buildings.
3. The review of
NPPG15 found that there are many
different interpretations of rural diversification and of
planning authorities' roles in supporting it. The new
PAN on Rural Diversification will define
rural diversification as being, in its simplest terms, the
establishment of new enterprises in rural locations (from
heavy industrial activities through to shops and services).
The
PAN will highlight how the planning
system can support rural diversification through
development plans that reflect the aspirations of
communities, contain positive policies and identify
sustainable sites that reflect the many different demands
of businesses. It recognises that sustainable rural
diversification can attract new people to declining areas,
reduce commuting, help to protect the environment and bring
brownfield sites back into use, but that issues of
accessibility, infrastructure, scale and design sometimes
need to be overcome. It also stresses that sound and
helpful advice from Planners can help to identify issues
early and reduce delays for businesses, and that a flexible
approach is sometimes required if businesses are to realise
their opportunities.
Issues you may wish to consider for the
workshop:
- What does the term 'rural diversification' mean to
you? What is the difference between farm
diversification and rural diversification? What sorts
of businesses are most beneficial to rural areas? Are
rural areas suitable for all types of business?
- What is the planning system's role in supporting
rural businesses? What sort of obstacles do businesses
in rural areas face? How can the planning system help
them overcome these obstacles? What are the most
important planning considerations for rural areas?
- How do you ensure that new development associated
with rural businesses is both sustainable and sensitive
to its surroundings? How can rural businesses help to
improve the environment? What do you think are the main
social and economic benefits associated with rural
businesses?
"E-Planning" workshop - Background
Note
1. The Scottish Executive is committed to getting more
people involved in planning the future development of their
area. Getting involved has traditionally been through paper
correspondence, telephone calls or face-to-face contact
with planning officials. However, for many people and
businesses an increasingly convenient way to get involved
is via the internet.
2. Many planning authorities have developed their
websites to allow access to planning information and
services online. Indeed, planning already notches up more
internet hits than almost any other local or central
government topic, and use of the internet is increasing.
However, the level of online planning information and
services is uneven across Scotland.
3. The Executive has been working with Planning
Authorities since 2001 through the
E-Planning Group to drive up standards and help to
co-ordinate new forms of service delivery. An
E-Planning Compact has been drawn up jointly and
sets out how each element of planning service and
information can be delivered electronically. It encourages
putting more planning information on the internet about
policies and planning applications. It promotes the
creation of online systems that allow people to submit or
comment on planning applications and pay planning fees.
This is not the stuff of dreams! Some planning authorities
already have the computer systems in place that make all
this possible.
4. The Executive has removed legal barriers to
electronic service delivery and its planning homepage (
www.scotland.gov.uk/planning) is being developed as the main point of access to
planning information on the web. Links have been created
between this and Planning Authority websites, so that users
of the planning system can easily find the information or
service they need. The Executive is also investigating the
feasibility of creating a standard planning application
form and making it available online.
Issues you may wish to consider for the
workshop:
- Do you ever use planning authority websites or the
SE planning homepage?
- If not, why not? What is preventing you?
- If yes, which features of these sites are most
helpful or unhelpful?
- How would you like to see planning websites develop
in the future?