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Modernising the Planning System

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08: Supporting Planning Authorities

Planning Office PhotoA Framework for Improving Delivery in the Planning System

Making the changes we propose work will require the commitment of a large number of organisations - central and local government, public agencies and bodies, developers, business organisations, voluntary bodies, community councils and other interests. At the heart of the system, however, are the planning authorities, on whom the principal responsibilities lie for the preparation and adoption of development plans, the processing of applications and the enforcement of planning controls.

The purpose of the reforms is to effect the modernisation of the planning system. Modernisation will, rightly, raise the expectations of those using the system that they will see real and tangible improvements in the outcomes that it generates. It will not be enough merely to change the legal and administrative provisions - there must also be a change in the way in which planning authorities and others perform, so that these expectations can be met. Our goal is to ensure that the system operates without unnecessary delay, and that the quality of decisions improves. This will require planning authorities to take on the responsibility for implementing the new framework with vigour.

To help them achieve this, there needs to be a new framework of reporting, monitoring, evaluation and support. This will ensure that the expectations on the planning system are explicit, performance against those expectations is publicly assessed, and steps to improve performance can be put in place where they are needed.

Prerequisites for this are clear, ambitious but achievable performance targets, based on measures that genuinely reflect a planning authority's performance. The targets which planning authorities are currently expected to meet, are set out in Scottish Planning Policy 1: The Planning System ( SPP1). All of these targets will, however, need to be reviewed to take account of the changes to the development management system. The Executive will work with planning authorities and other interested parties on a revised set of targets, to apply at the point that the new hierarchy of applications is implemented.

It is the responsibility of Ministers and the Scottish Executive to oversee the effective functioning of the planning system. It is our intention to review the targets applying to appeals dealt with by SEIRU in tandem with the introduction of planning reforms, so that the time limits for each category of appeal casework are reduced progressively. Over the past few years, the Executive has collected data on the performance of planning authorities against those targets and published an Annual Report detailing those results. In addition to the collection and publication of performance data, SEDD has conducted a series of audits of planning departments. These audits aim to:

  • review the statistics on planning authority performance and understand more precisely the underlying reasons for performance;
  • identify and evaluate contrasting approaches to plan preparation; and
  • identify best practice in development control and development planning.

The Executive believes that both of these functions - providing information on performance, and auditing - should be continued and enhanced as part of the monitoring and evaluation framework. This is to ensure that performance can be analysed on a common national basis, that good practice can be identified and promoted across Scotland and that areas of poor performance can be targeted.

Ministers believe that the planning system merits a structured and specialist programme of audit, building on the experience and expertise established by SEDD's existing audit programme. It is our intention to place the current planning audit function on a statutory footing, providing a clear process for making and following up recommendations to planning authorities. This step will ensure a transparent and structured approach to the evaluation of the performance of planning authorities, and should help identify how to spread good practice as widely as possible. Local authorities are already placed under a duty to provide Best Value in exercise of their functions, including planning, through the Local Government in Scotland Act 2003. It will be necessary to ensure that the SEDD's programme is compatible with work undertaken by the Accounts Commission on Best Value audits and more generally on reporting local government performance.

Concern has been expressed that there are no safeguards against patterns of decision-making that are not compatible with a development plan-led approach. The Bill will therefore seek to allow, either through proposed audit powers or through a separate power, Ministers to commission an investigation into cases where there is a persistent pattern of decisions that do not comply with development plan policies, or with officer recommendations based on such policies. This will also provide an additional protection against arbitrary decision-making that ignores both professional judgement and the views of local people.

Other powers will be required to support and complement the information provisions and audit functions. Ministers already have powers to request information from planning authorities in respect of their development control functions. Given that a new focus will fall on the preparation of development plans, we intend to extend this power to cover the exercise of all planning functions. The Planning Bill will also continue existing Ministerial powers of direction and intervention in respect of development plans, and again, in the interests of consistency, will extend these to apply to all planning functions. These are, however, powers of last resort. We would expect that where there has been a serious and persistent difficulty in raising the performance against national standards, we would first attempt to work in partnership with the relevant authority to address the cause of the problem.

Supporting Performance -Partnerships for Change

Partnership is the real key to achieving a step change in the performance of the planning system - between all those involved in planning process, and in particular between the Executive and planning authorities. Our modernisation agenda is substantial and its introduction will place considerable strains on the planning system. Research commissioned by the Executive has already identified a number of factors which make the operation of the current system difficult - such as difficulties in recruitment and retention, skills shortages and a lack of priority given to planning in some local authorities. We intend to work with authorities to tackle these issues, and anticipate that authorities themselves will respond to the need to give due weight to their planning function.

One area where work has already started is in addressing the skills shortage. The 2004 Spending Review allocated £2.25 million spread over financial years 2005/06 to 2007/08 to support performance improvement initiatives in planning. This Planning Development Budget ( PDB) is designed primarily to help planning authorities address training needs and skills gaps that are hindering them in the effective delivery of their planning functions. It will also target measures to support and encourage better engagement between planners and local people; and in improving planners' awareness and understanding of the needs of businesses. The programme of measures funded by the PDB is being developed in partnership with a wide range of interests, including local authorities, the Local Government Improvement Service, planning schools, the Royal Town Planning Institute for Scotland, public agencies and the users of the service - developers, environmental groups and community representatives. The PDB will play an important part in delivering a more effective, responsive planning system.

Types of learning to be supported by the PDB will be flexible and tailored to meet specific needs and circumstances. Options include classroom courses, workshops, seminars, conferences and distance-learning packages. We are considering topics for training and these are likely to include design, development economics, effective enforcement, management and environmental assessment.

To support and encourage better engagement between planners and local people we intend to examine the scope for introducing a mediation pilot project. The aim of this project will be to ascertain whether formal mediation can be applied effectively to the planning system and to evaluate its potential impacts and costs. We also propose to commission research to identify the extent to which local authority planning departments understand and respond to the needs of businesses. This study will lead to recommendations as to how this relationship could be improved further.

We will need to develop robust criteria by which to evaluate the impact of the PDB. We are considering evaluation and monitoring options to assess the impact of the PDB and demonstrate what has been achieved.

Another partnership initiative is a joint bid, involving the Executive and all local authorities, for funding from the Efficient Government Fund. This bid is for funds to support the design and roll-out of a common, integrated e-planning system for planning authorities and some public bodies across Scotland. The aim is to provide a speedier, more accessible and more efficient option for both planning applications and development planning. It could extend to include: a central service that allows planning application forms to be completed online; fee calculation and payment; electronic submission of associated documents; integration of forms and fee payment with planning authority back-office systems; development of online casework tracking systems and online access to planning applications, appeals and development plans; and an online consultation system in partnership with national agencies. This bid has now passed the first stage, allowing the partners to access funds to help develop a comprehensive business case and we will continue to work closely with planning authorities to progress this.

There is no doubt that the challenge planning authorities and the Executive face in implementing these reforms is very demanding. Public expectation will, rightly, be high. The new system should provide a more efficient, inclusive and transparent service which leads to better outcomes - a higher quality of development where it is needed, and the appropriate protection of our heritage and environment. Achieving these outcomes will require a skilled, committed and well-supported planning service across Scotland. An enhanced performance monitoring and evaluation framework will provide the basis for improvement, and a shared approach to overcoming the obstacles will secure its realisation.

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Page updated: Monday, June 27, 2005