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Modernising the Planning System

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03: Executive Summary

Lead photoThis White Paper sets out the way forward for Scotland's planning system. It recognises the central role of planning in the delivery of a sustainable pattern of economic growth, supported by essential new homes, infrastructure and community facilities, whilst protecting our most important natural assets. It also responds to the need for improved opportunities for meaningful public involvement in the planning system, and for that involvement to occur at the right point in the system to be able to influence outcomes.

The proposals for modernisation:

  • place development plans firmly at the heart of the system, to ensure that development takes place in the context of a long-term and inclusive vision for the future;
  • ensure that the planning system is fit for purpose, and able to respond to different types of development proposals in the most appropriate way;
  • encourage greater efficiency in development plan preparation and the determination of planning applications;
  • make it easier for people to get involved in planning, and help to shape the future of their communities; and
  • recognise planning's role in delivering sustainable development.

To make the planning system fit for purpose, we will introduce a new hierarchy into the planning system, so that we are able to plan effectively for a range of different types of development, and respond appropriately to applications according to their size and impact. Proposals include:

  • establishing the National Planning Framework as an instrument for securing the delivery of national policies and programmes;
  • introducing a new process for the determination of applications for developments of national strategic importance (called national developments);
  • introducing new procedures for the determination of applications for a range of key large-scale development proposals including housing and economic development (called major developments);
  • introducing new procedures for the majority of planning applications (called local developments) which are of local importance to allow determination and appeals to be handled at a local level; and
  • reviewing the extent to which applications for very small-scale development proposals (called minor developments) can be removed from the scope of the planning system altogether.

To make the planning system more efficient, we will introduce a range of new requirements in development planning to make the production of plans quicker, more predictable, more accessible and responsive to views of local people. We will also expect plans to be simpler documents that provide a clear vision of how our settlements and rural areas should evolve. They must take a long-term view, identify sufficient land to meet the key needs of economic growth and housing development and protect important natural and built heritage resources. They will be the core documents against which planning applications will be measured for determination. Proposals include:

  • introducing a statutory requirement to update development plans every five years;
  • moving to a single tier of local development plans everywhere apart from the four largest city regions; and
  • introducing a requirement for one proposed plan, replacing the present system of consultative and finalised drafts.

Efficiency measures will also extend to the management of applications for development, where we have set out a range of proposals, including:

  • introducing measures to encourage greater use of e-planning;
  • improving the way in which planning agreements are used;
  • introducing standard planning application forms; and
  • reducing the time limit within which an appeal can be submitted, following refusal of an application, from six months to three months.

To make the planning system more inclusive, we will introduce a wide range of measures designed to ensure a transparent and fair planning system, that will give local people confidence that their views have been properly considered as part of the decision-making process. We will also publish a new Planning Advice Note which will identify best practice in involving local people in planning decisions. We propose:

  • introducing new statutory requirements for pre-application consultations;
  • introducing new procedures to ensure wide public participation in the formulation of development plans, including notification of key development proposals to neighbours;
  • transferring responsibility for neighbour notification on planning applications to the planning authorities, to improve public confidence;
  • requiring more frequent use of hearings, allowing local people to present their views on planning applications before they are determined;
  • introducing new procedures to assess whether local people have been engaged effectively in the development plan process, and in the processing of applications called in for determination by Scottish Ministers;
  • introducing procedures to subject applications that do not accord with the development plan to enhanced levels of scrutiny;
  • introducing a new requirement for planning authorities to give reasons for their decisions, and notify individuals who have made representations when decisions are taken.

We will reform the appeals system to create a greater sense of equality by:

  • introducing early determination of appeals that are not well founded - for instance where they fail to address the reasons for refusal, or are against refusal of a proposal which does not accord with the development plan; and
  • introducing new procedures that ensure an appeal is a review of the decision taken in light of the information submitted, limiting the right to introduce new evidence to support the appeal.

We will also encourage the effective use of existing enforcement powers and introduce amendments to enable better monitoring of conditions attached to planning permission, to create greater confidence and a wider sense of fairness in enforcement activity.

The planning system must also play its part in ensuring that development is sustainable. Sustainable development will be promoted by:

  • using Strategic Environmental Assessments to improve the way in which the environmental consequences of decision-making are addressed, and to enhance the levels of transparency in policy-making;
  • recognising the need for development plans to respond to requirements to meet our wider environmental obligations at European and international level;
  • incorporating changes to the Environmental Impact Assessment legislation that will make it easier for local people to participate in the decision-making process; and
  • striving for high quality design in all new development.

The reforms proposed amount to a modernisation of the planning system. This modernisation will require a considerable change in the culture of planning and will place significant demands on those responsible for its implementation - particularly planning authorities. It will be essential to introduce a framework that promotes an improvement in the performance of the planning system. This framework will include:

  • an enhanced system of audit for planning authorities, designed to identify and promote good practice;
  • powers for Ministers to address areas where performance does not meet requirements; and
  • support for planning authorities, through the Planning Development Budget and other means, to improve the capacity of the system to take on the necessary changes.

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Page updated: Monday, June 27, 2005