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WHAT THE COMMUNITY CAN EXPECT FROM THE PLANNING PROCESS
41. We are creating a new planning system which Scotland can be proud of - modern, efficient and, above all, with communities at its heart. Planning often involves competing and conflicting views - from developers, local authorities, planners as well as individuals and communities. We want people to be more involved in the decisions that shape the development of their communities.
Opportunities for communities to get involved in the planning process: Checklist:
Please note that these arrangements may be subject to some amendment as the Planning Bill progresses through the Parliament, and following the preparation of any further guidance or regulations. However, we anticipate that the new planning system will involve the following steps:
National Planning Framework
Communities can expect Scottish Ministers to:
- carry out pre-consultation events with the community to share ideas on the content of the National Planning Framework ( NPF).
- publish a consultation draft of the NPF for comment.
- carry out specific consultation on national developments, for example - major transport systems and water drainage and waste management infrastructure projects.
National Policy
- Communities can expect to have the opportunity to contribute to all Scottish Executive planning consultation papers including Scottish Planning Policy ( SPP) documents which are made available in hard copy and on the Scottish Executive's website.
Development Plans
Development plans are the basis for making decisions on planning applications and it is therefore important that people participate in their preparation. Communities can expect the planning authority:
- to publish a Development Plan Scheme on what, when and how the development plan(s) will be prepared including a participation statement setting out how and when the planning authority will consult the community. The availability of the participation statement will be advertised in the local newspaper and will be made available on the planning authority's website.
- to involve them early in the preparation of new development plans.
- to engage with them in a meaningful way.
- to notify neighbours of new site specific development plan sites.
- to engage with Statutory consultees including Community Councils.
- to include a schedule of land ownership as part of the development plan.
- to be proactive in seeking to resolve objections through negotiation or mediation.
Communities can also expect that:
- there will be an independent examination by the Scottish Executive Inquiry Reporter's Unit ( SEIRU) where there are outstanding objections to the development plan.
- the examination of development plans by SEIRU will be less adversarial.
- SEIRU or the Scottish Ministers will check that the planning authority has met or exceeded its intentions set out in the participation statement before development plans can be adopted.
- where consultation has been inadequate, the planning authority can be directed to remedy any failure.
- new plans will be concise, easy to use and understand and will be available at the planning office, in local libraries and on the planning authority's website.
Development Management
People can make their views known on all planning applications but those which comply with the development plan will generally be approved. Communities can expect the planning authority to:
- publish a weekly list of planning applications in the local newspaper and on their website.
- notify neighbours on development proposals allowing 21 days rather than 14 days for comments.
- check the adequacy of the pre-application Consultation Report submitted by the applicant alongside planning applications for major developments, developments contrary to the development plan, all EIA developments and Bad Neighbour developments. Where pre-application consultation by the applicant is considered to be inadequate, the planning authority can refuse to register the application.
- allow people to make their views known to the Planning Committee at a
pre-determination hearing before a decision is made on the aforementioned developments. - inform everyone who has submitted comments on planning applications of the decisions and the reasons for approval, or refusal, of planning permission.
- make the Planning Register (which contains information on all planning applications) available for public inspection at the planning office.
Enforcement
- Where there are beaches of planning control or breaches of planning conditions, people can expect the planning authority to be pro-active in using enforcement measures.
- People can also expect the planning authority to monitor the progress of developments more closely to ensure that they comply with their planning consent. Local people can expect developers and site operators to make greater use of Good Neighbour Agreements to identify issues of concern and agree measures to resolve them.
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