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03 ROLES AND RESPONSIBILITIES

THE PLANNING SYSTEM IS CHANGING TO MAKE IT EASIER FOR PEOPLE TO GET INVOLVED.

12 This section outlines the roles of those charged with creating better opportunities for community engagement in the planning system. This includes the points in the new planning system at which people can expect to be engaged in the planning issues that affect them.

THE ROLE OF SCOTTISH MINISTERS

13 Scottish Ministers develop legislation, national policy and advice on land use planning for Scotland. In the modernised planning system, Ministers will have a role in setting a strategic framework for national developments through the National Planning Framework ( NPF); in approving strategic development plans for the four main cities and their regions and in making decisions on certain types of planning applications and appeals. Engaging the public is an important feature of the Scottish Executive's work. The main ways that people can engage in national planning issues are set out overleaf.

Community Engagement at National Level

14 Scottish Ministers want to engage people in the preparation of the National Planning Framework ( NPF). The NPF identifies long-term priorities for the development and use of land in Scotland. It will identify opportunities for national developments that are of national strategic importance, for example major transport systems and water, drainage and waste management infrastructure projects in different parts of the country.

15 The public will have the opportunity to participate in the debate on the NPF at several stages. Scottish Ministers have started the process for NPF 2008 and have published a Participation Statement setting out how and when people can get involved. Further information can be found on the NPF webpage at www.scotland.gov.uk/topics/planning/national-planning. The preparation process will be:

• Early engagement on the scope and content of the NPF;
• A draft NPF, a non-technical summary and Strategic Environmental Assessment issued for public consultation;
• Revision of the NPF in the light of reaction to the consultative draft and related engagement; and
• Consideration of a final draft NPF, and a report on the way the Executive has involved the public, by the Scottish Parliament.

© Scottish Parliamentary Corporate Body16 It is recognised that it can be difficult to engage people in the development of national policy and that initial awareness raising is required before meaningful engagement is likely to take place. This will also be the case with strategic development plans for the main city regions.

17 People can get involved in other aspects of national planning policy in the following ways:

• As part of the process of implementing the new planning legislation, where Regulations and guidance will be developed in conjunction with stakeholders and other interested parties during 2007 and 2008;
• When revisions are made to Scottish Planning Policy ( SPP);
• During the approval process for Structure Plans (and what will be the new Strategic Development Plans under the new system) which are approved by Scottish Ministers; and
• Planning applications which are called-in by Scottish Ministers for their determination.

18 The Scottish Executive's planning website provides information on planning legislation publications, policy and advice ( www.scotland.gov.uk/planning). Help about planning in Scotland is also available by contacting the Scottish Executive's Planning Helpline on 08457 741741. You can also register with the Scottish Executive email alert system in order to be alerted to relevant and forthcoming consultations at: http://register.scotland.gov.uk/?rt=18.

Combining Your Approach
A range of approaches were used to target a representative audience and to help people participate in the preparation of the Clackmannanshire Development Plan - traditional and new, formal and informal with a focus on interactive and two way communication. Planning for Real events were held. Owners and neighbours were notified of key development plan site proposals. Consultation packs were prepared setting out why, how and when the community could get involved, with information provided on the planning authority's website. Press coverage was actively sought and a general press advert was supplemented with specific adverts each week. Posters were placed in libraries and shops and thousands of leaflets were produced. Community Councils were specifically encouraged to meet with the planning authority, with feedback reports prepared. Further information at www.clacksweb.org.uk

THE ROLE OF THE PLANNING AUTHORITY

19 The operation of the planning system is the responsibility of planning authorities. In most cases this will be the local council's planning authority (of which there are 32), but may also be one of the 4 new strategic development planning authorities in the main city regions, or one of the 2 national park authorities. Planning authorities should seek to enhance the quality of community engagement in the delivery of their key roles, including:

• Preparing development plans, master plans, development briefs and supplementary guidance;
• Deciding on applications for planning permission; and
• Taking enforcement action against breaches of planning requirements.

Community Engagement in the preparation of Strategic and Local Development Plans

20 Development plans are key documents in the planning process. They contain policies designed to promote the economic, social, physical and environmental well being of an area and allocate sites for specific land uses such as housing, retailing, business and industry, or developments such as schools, health centres and waste management facilities. They may also protect land from development - for example leaving open space such as parks and areas for natural heritage purposes. These allocations establish the principle that a site may be used, or protected, for a particular purpose. Strategic development plans will set out a vision and spatial strategy for development, identifying the key location and priorities for protection, development and regeneration up to 20 years ahead, while being more precise about shorter-term priorities. Local development plans will then articulate the detailed policies and proposals to implement that vision.

21 Development Plans cannot be prepared in isolation. They are bound by European obligations and national and regional strategies on, for example, Natura 2000 sites, the National Planning Framework, Area Waste Plans or transport strategies. It is vital when engaging communities in development planning that the constraints within which decisions are made are clear, for example, which aspects of the plan are effectively set in stone and which aspects the community can influence.

22 The law requires that any planning application be determined in accordance with the development plan, unless there are material considerations that indicate that a different decision should be taken. It is therefore essential that people are given adequate opportunities to participate in the preparation of the development plan. It is often too late for people to object to the principle of an allocated use at the stage when it becomes subject to a planning application. It is the role of the planning authority and elected Councillors to promote a wider sense of public awareness of development plans by engaging actively with the people that they represent. The community too has an important role in engaging early with the planning authority as all parties need to have a common understanding of the issues. Greater recognition of the importance of development plans will result in more active engagement by the public and other parties in preparing those plans.

23 At the start of the strategic and local development planning processes, the planning authority will widely publish a Development Plan Scheme including a Participation Statement which will set out how and when people can get involved and the timetable for plan preparation. People can expect to be engaged early in the process following the publication of a Main Issues Report which will identify the key areas of change that need to be addressed. Planning authorities should tailor this early engagement on the basis of the issues under discussion and to the relevant audience. For example, where a plan is likely to propose a significant number of new houses but few other changes to the overall strategy, the early engagement will focus on the options for different housing sites and target the communities likely to be most affected, rather than delivering a one size fits all approach.

24 The emphasis will be on getting extensive involvement of local people and relevant bodies at this early stage through wide publicity and methods which fit into people's everyday lives. This might include, for example, stands at supermarkets, shopping centres or public buildings, articles and advertisements in the local press and the use of electronic information through websites and e-mail. Planning authorities should consider their media strategy for raising awareness of their development planning process through the local press.

25 Representations received during this 6-week minimum participation period on the Main Issues Report will provide the planning authority with important views from the public and other stakeholders and will assist in the preparation of the proposed plan.

26 Following analysis of the comments received, the proposed plan should be prepared and published. It should promote a development plan that has the broad support of all stakeholders including the community. The proposed plan should be concise, clear and easy to understand. There will be another 6-week period for people to make further comments. Neighbours of new site specific proposals in the proposed plan will be notified directly by the planning authority to ensure they are aware of the proposals at an early stage. The detailed provisions on neighbour notification will be set out in secondary legislation developed during 2007/08. Guidance will be prepared setting out a consistent and practical view on the legal requirements, for example, suggesting how to notify residents in a tenement property, or what to do if a site backs onto a road. Guidance is also likely to clarify when to notify and re-notify and confirm the timescales for responding to the neighbour notification notice.

Promoting Interest
To promote interest in the development plan, Midlothian Council had a travelling exhibition in a community bus staffed by planning officers. It toured the main communities affected by development proposals, reaching members of the community who otherwise might not have been able to attend exhibitions or public workshops. Further information at www.midlothian.gov.uk

27 The planning authority should seek to resolve objections and build support for the proposed plan through discussion and negotiation. Where communication has broken down, the use of mediation may be productive. Where objections are not withdrawn an independent examination by the Scottish Executive Inquiry Reporter's Unit ( SEIRU) will be held.

28 Public awareness of the development planning process is important. Plans should be prepared in an easily digestible format and publication of the various related documents (Participation Statement, Main Issues Report, etc.) should be advertised in local newspapers and on the planning authority's website. They should also be made widely available - for example distributed via Community Councils and other representative community interest and amenity groups. It is also important to consider timing issues - try to avoid starting a consultation during a school holiday period when many people will be away, or if it is unavoidable, extend the period of engagement. If making documents available at other locations such as libraries ensure they are accessible and open to the public.

29 Development proposals in which the local authority has an interest (financial or land ownership) will be handled with greater transparency and rigour. A schedule of land ownership will form part of each new local development plan. This will identify sites proposed for development that include local authority owned land. The schedule of land ownership will place council ownership in the open while ensuring that the selection of these sites will be subject to additional scrutiny.

30 An important feature of the new arrangements for inclusion is that the extent to which the planning authority has met or exceeded its intentions to involve people in the development plan process, as set out in its Participation Statement, will be assessed. In the event of an examination (required where there are outstanding objections to the development plan), this assessment will be undertaken by a reporter from the Scottish Executive Inquiry Reporters Unit ( SEIRU). Where an examination is not required, the assessment of the Participation Statement will be undertaken by Scottish Ministers.

Maintaining Interest
Falkirk Council has a development plan newsletter which is published every 6 months and circulated to all members of the public who the planning authority have had contact with through workshops and other engagement groups. This has news on the progress of the development plan, other relevant strategies and news on implementation. This has been important in maintaining contact with the community and interest through the plan preparation process. Further information at www.falkirk.gov.uk
Engaging Young People
In the preparation of the South Lanarkshire Local Plan, pupils aged 11-18 took on the role of "junior planners" and produced "cognitive" maps using their personal knowledge of their communities. This helped break down barriers and opened up new means of communication between the Council and young people. It enabled young people to understand more about the planning process, the function of a local pan and allowed them to help shape the future development of their areas. The planning authority found it a productive approach in the preparation of the Local Plan. Further information at www.southlanarkshire.gov.uk31 If the quality of participation undertaken on the development plan is judged to be inadequate, the reporter or Scottish Ministers will have the power to ask for further work to be carried out before the plan proceeds to the next stage. This might occur, for example, where community councils or representative amenity groups were not consulted on the plan, or if the engagement was limited to sending out a few hundred copies of the draft document or holding one public meeting. The planning authority might then be required to carry out a further period of public consultation to ensure that all parties had a chance to view and comment on the plan. This measure is intended to enhance the public's confidence in the planning system and to ensure that planning authorities take proper regard of people's views and opinions at the right stage in the plan preparation process. Detailed procedures for the examination of development plans and the accompanying Participation Statement will be set out in secondary legislation and a new Code of Practice which will be developed during 2007/08.

32 The community can also expect to be engaged by the planning authority in the preparation of other planning documents, for example master plans, development briefs for individual sites and in the preparation of supplementary guidance. Under the Planning etc. (Scotland) Act 2006, supplementary guidance may form part of the development plan, but only where requirements on consultation and approval have been met. The detailed provisions for Supplementary Planning Guidance will be set out in secondary legislation.

33 Users of the planning system might find it helpful to consider the above approaches to community engagement in the preparation of development plans.

Community Engagement in Development Management

34 The law requires planning decisions to be made in accordance with the development plan unless material considerations indicate otherwise. Therefore if a proposal accords with the development plan and there are no material considerations indicating that it should be refused, planning permission will be granted. That is why it is so important for the community to be involved at the development planning stage.

35 However, people still have an opportunity to have a say in the form of development that takes place once the principle of the use has been established through the development plan. Representations on planning applications are an essential part of the decision making process. In deciding an application, the planning authority should identify any provisions of the development plan which are relevant to the decision; interpret them carefully, looking at the aims and objectives of the plan as well as the detailed wording of policies; consider whether or not the proposals accord with the development plan; identify and consider relevant material considerations (for and against the proposals) and assess whether these considerations warrant a departure from the development plan. The weight to be attached to any relevant material consideration is initially for the judgement of the decision maker, although ultimately it is a matter for the courts to decide if necessary.

Master planning
The preparation of the Winchburgh Masterplan in West Lothian for an extension to the village has involved all age groups in the community and established a process for further engagement. It has resulted in direct additions to the masterplan, changes to the proposals and the inclusion of design guidelines specific to key issues discussed during the consultation process. The Council and the developer, CALA Homes, provided several ways to engage: by post, internet, prepaid postcards, meetings, workshops and exhibitions. The aim was to inform people of the need for development and how to be involved; to listen to what local people had to say - good and bad; and to reflect local peoples contributions into the masterplan. A parallel objective was to establish a process for ongoing consultation at later design stages and to create a "knowledge community" using master planning as a means to learn about the built environment. Further information at www.winchburgh.org.uk36 There are a range of considerations which might be considered material in planning terms including legitimate public concern or support expressed on relevant planning matters. The planning system does not exist to protect the interests of one person or business against the activities of another, although in some cases private interests may coincide with public interest. In distinguishing between public and private interests, the basic question is whether the proposals would unacceptably affect the amenity and existing use of land and buildings which ought to be protected in the public interest. Not whether owners or occupiers of neighbouring or other existing properties would experience financial or other loss from a particular development.

37 To increase public awareness, the availability of a list of new applications registered by the planning authority will be advertised each week in a local newspaper and, where there is capability within the planning authority to do so, this information will also be made available online. To increase public confidence, neighbours will be notified about the submission of planning applications by the planning authority, rather than the applicant. This will ensure that the details of a planning application, including all technical information required to support the application such as drawings and plans, are available to view as soon as the neighbour receives the notice. There will also be greater use made of site notices and newspaper advertising. The period for responding to neighbour notification will be extended from 14 to 21 days to allow more time for peoples to prepare their responses. Everyone has the right to comment on a planning application - the wider community as well as neighbours. All comments received should be carefully considered by the planning authority.

38 Certain types of application will be subject to enhanced scrutiny measures. These measures consist of pre-application consultation by the developer with local communities, pre-determination hearings by the planning authority, decisions by the full Council and notification of applications to Ministers (who will have an opportunity to decide whether the issues involved would merit call-in of the application for their determination). The types of application involved are likely to be developments that are significantly contrary to the development plan, those requiring an Environmental Impact Assessment ( EIA) and those defined as larger scale bad neighbour developments such as a crematorium. All major developments will be subject to pre-application consultation with local communities, but not necessarily the other enhanced scrutiny measures unless they fall within one of the three previously mentioned categories.

39 The planning authority will be responsible for checking whether the applicant has engaged effectively with the community in these cases through an assessment of the report of pre-application consultation. Where this pre-application consultation is felt to be inadequate, the planning authority can refuse to register the planning application. It is important to stress that communities should not disengage from the planning application process once they have taken part in the pre-application consultation. Individuals and communities should follow up on the proposals as submitted in the planning application and, if necessary, submit further comment to the planning authority on the case. Regulations and further guidance on the pre-application consultation process will be developed during 2007/08.

40 For those types of developments outlined in paragraph 38 (significantly contrary to the development plan, larger scale bad neighbours and those requiring EIA), the planning authority are to hold mandatory pre-determination hearings so that those who have previously submitted views on the planning application will be able to make their views known to the Planning Committee before the decision is made. As with other development management measures, the detail on pre-determination hearings will be developed through secondary legislation. In these three categories of planning application, the decision will ultimately have to be made by the full Council and subsequently notified to the Scottish Ministers for further scrutiny.

41 Where the planning authority propose to carry out development itself, or has some other interest in a proposed development, it will be subject to the same requirements as any other planning application but will also be subject to enhanced scrutiny by Scottish Ministers to ensure the Council's decision has not been influenced by any conflict of interest.

42 In the new system, everyone who has submitted comments on a planning application will be informed by the planning authority of the decision and the reasons for approval, or refusal, of planning permission. It is not enough to simply indicate that the proposal is contrary to, or in adherence with, the provisions of a development plan. Clear reasons should be given and the relevant policies referred to explicitly. Information on planning decisions and the reasons for them are vital to public understanding of the planning system, particularly in cases where public interest has been expressed. Further information on the consideration of applications and copies of decision notices, including any conditions, and planning agreements between the applicant and the planning authority will be kept on each planning authority's Planning Register for greater transparency in the decision making process.

Airtricity's proposals to develop the Clyde Windfarm in South Lanarkshire included a programme of consultation and discussion with the relevant statutory bodies, members of the public and those wider social, economic and environmental interests. The consultation process resulted in 50 changes and 12 new layouts generated prior to the submission of the planning application. The proposed number of turbines has been reduced and some turbines have been resitted to avoid and mitigate environmental impact, including visual impact. The consultation included a series of roadshow exhibitions, a number of direct mail drops, door to door discussions, meetings, a trip to the existing Ardrossan windfarm and ongoing liaison with the local media. This programme ensured that the local community was well informed and had opportunities to participate and influence the development.

Community Engagement in Enforcement

43 For many individuals, their first contact with the planning system is when they complain to the planning authority about apparent breaches of planning requirements. The majority of breaches are relatively minor, often due to a failure to understand the need for planning permission, and can in most cases be resolved fairly quickly through submission and approval of a retrospective planning application. More serious breaches may still be resolved through negotiation and the submission of a retrospective application, but the person responsible for the breach may be unwilling to co-operate and may seek to delay compliance. While the purpose of planning enforcement is to remedy the breach, ultimately in some cases this can only be achieved by removal of the unauthorised development. All prospective developers should seek the advice of the planning authority before starting work to check if planning permission is required.

44 Planning modernisation aims to add to, and strengthen, the enforcement powers available to planning authorities so that people have more confidence that breaches of planning control will be dealt with quickly and effectively and that there will be penalties for unauthorised development. Planning authorities are required to publish a Planning Enforcement Charter setting out in clear terms their policies in respect of planning enforcement so that people can understand how to raise concerns and the nature of action that they can expect to be taken.

45 Breaches of planning control are often of concern to surrounding communities and fall into two broad categories; unauthorised development and breaches of planning conditions. For unauthorised development, the existing enforcement powers are comprehensive but still time-consuming to implement. The additional measures are intended to speed up the process and deter developers from breaching the rules by increasing fees for retrospective applications and making it an offence not to submit a planning application when required to do so. The Temporary Stop Notice is intended to stop unauthorised activity immediately for a period of up to 28 days where there is concern that amenity or the environment is at risk. For example, a Temporary Stop Notice might be used to prevent the use of land for dumping landfill.

46 The new pro-active enforcement measures aim to make it easier for planning authorities to monitor developments to ensure that planning permission conditions are fulfilled by developers, for example where the planning permission makes provision for landscaping. The measures include Fixed Penalty Notices that will allow planning authorities to deal with breaches of enforcement notices quickly by issuing a fine instead of having to prosecute through the courts. There is another requirement on developers to display an on-site notice for certain types of development which would include details of how the public can contact the planning authority to report suspected breaches. Developers will also be required to submit to the planning authority a Notice of Initiation of Development and a Notice of Completion of Development for all developments that require planning permission and, for larger developments, to notify the planning authority when certain stages have been completed allowing the planning authority to monitor development more closely and help prevent conditions being breached. Further detail on how the new enforcement measures will operate will be developed in secondary legislation and guidance during 2007 and 2008.

47 Enhanced monitoring and the additional measures against unauthorised development aim to strengthen public confidence that failure to comply with planning controls and regulations will be dealt with promptly and robustly.

A telecommunication development was proposed in a conservation area in the west end of Glasgow, opposite a listed Georgian crescent. The developer was made aware of considerable concern from local residents in the area and responded by circulating pre-application consultation letters to give local residents more information about the proposal. The local Councillor then organised a stakeholder meeting where the operator made a presentation to over 50 residents to help consider their concerns. More information at www.mobilemastinfo.com including the Mobile Phone Operators Traffic Light Model to Community Engagement.THE ROLE OF COUNCILLORS

48 Local authority Councillors have an important role in planning. It is therefore vital that those elected members who are involved in taking planning decisions understand the operation of the key elements of the new planning system and the ethical issues underlying the handling of planning matters. Scottish Ministers have produced a Code of Conduct for Councillors, approved by the Scottish Parliament, setting out the principles and rules governing the conduct of elected members. The Standards Commission for Scotland has produced Statutory Guidance for Councillors which clarifies their responsibilities in relation to planning.

49 In terms of ethical standards, there is nothing to stop any Councillor from discussing or debating planning policy and strategy, expressing views, or advocating proposals on policy and strategy. This applies to the development planning process, even though the development plan will provide the framework within which individual applications will be decided.

50 However, different considerations apply when dealing with individual planning applications. The Standards Commission's Statutory Guidance states:

"Where a Councillor has a responsibility - either at a committee or at the Council - for dealing with planning applications, then he or she must not have - or be seen to have - prejudged any application before the proper occasion for deciding on the application, that is when all the relevant material considerations will be before the meeting that will determine the application.

"A Councillor should not organise support or opposition, lobby other councillors or act as an advocate to promote a particular recommendation on a planning application, (or on a planning agreement or on taking enforcement action) where the Councillor has a responsibility for dealing with the planning application. If the councillor does so, then he or she should declare an interest and not take part in the debate and withdraw from the meeting room.

Early engagement in the regeneration of Oatlands, a £100 million regeneration and redevelopment project in the east end of Glasgow, has lead to the establishment of the Oatlands Steering Group which is chaired by the local Councillor and attended by relevant Council officials, the developer Bett Homes Ltd, housing association representatives and any members of the local community who wish to attend. Development has commenced and the steering group continues to meet regularly with newsletters on progress delivered, approximately every 9 months since 2001, to all households in the area. Ongoing feedback from the community in response to local exhibitions (including a scale model), have led to the incorporation of local preferences into the plans. Further information at www.oatlandsregeneration.co.uk"This should not, however, be taken as precluding the councillor from raising issues or concerns on any of these matters with the planning officers concerned. Indeed, a Councillor may well have an important contribution to make in respect of an individual planning application or on what the Council should include in a planning agreement. It is entirely appropriate for councillors on the planning committee to make known what representations they have received on a pending planning application, to attend public meetings and to assist constituents in making their views known to the relevant planning officer, provided that at no time does the Councillor express a 'for' or 'against' view by advocating a position in advance of the planning committee meeting to decide upon a particular application."

51 Further information on the Standards Commission Code of Conduct for Councillors and the related Statutory Guidance can be found using the link in the contacts section of this PAN. Examples of Councillors involvement in planning issues are included above.

THE ROLE OF APPLICANTS AND THEIR AGENTS

52 There are currently many cases where applicants for planning permission, or their agents, already engage with local communities voluntarily in advance of making a planning application. Once the new provisions on pre-application consultation come into force this will need to become common practice across Scotland. Applicants should view pre-application consultation as an opportunity to consult with people to develop proposals which have minimal adverse impacts on communities. Planning authorities will expect applicants to submit good quality, accurate planning applications with all the supporting information identified at the pre-application stage so that processing can commence without delay.

Community Engagement in the Pre-Application Process

53 Under the new planning system, applicants will have a statutory duty to consult local communities before an application is made for certain types of developments (likely to include all major development proposals; those that are significantly contrary to the development plan; those requiring an Environmental Impact Assessment ( EIA) and proposals for larger scale bad neighbour developments). Pre-application discussions between the planning authority and the applicant may address what form the pre-application consultations should take and what is considered to be acceptable in the spirit of openness and transparency. However, once the required formal notice is given from the potential applicant that pre-application consultation is being undertaken, the planning authority will have 21 days to indicate the pre-application notification and consultation to be undertaken in addition to that required by regulation.

54 A report on how the developer has consulted the community will have to be submitted alongside the planning application. The pre-application consultation report should identify whether the applicant has considered the comments arising from the consultation process and whether they have taken those comments, or changes, on board. Regulations and related guidance on the pre-application process, including those to be consulted, the form of consultation and the criteria against which planning authorities will consider the quality of that consultation, will be developed during 2007/08.

55 Once the pre-application measures come into effect, planning authorities will refuse to register applications where pre-application consultation has not been carried out as required, or is considered to be inadequate. Applicants and agents need to submit sufficiently detailed planning applications to allow immediate neighbours, local communities and statutory consultees to engage with the development management process efficiently and effectively. For those proposals which require an EIA, applicants are reminded of their statutory obligations under the Environmental Impact Assessment (Scotland) Regulations 1999 to make available a Non Technical Summary ( NTS) of the Environmental Statement. The purpose of the NTS is to ensure that the key points of the Environmental Statement can be more readily understood by the lay person. It should set out the main findings of the Environmental Statement in accessible, plain English, in a manner which is both accurate and balanced. Further guidance on EIA is available in PAN 58 - Environmental Impact Assessment.

56 The checklist alongside sets out the main requirements which applicants and their agents should follow in pre-application consultations with communities.

Part of the planning conditions for proposals at Banavie Quarry near Fort William required a liaison group to be formed to oversee site operations. The liaison group was organised through the community council and is chaired by the company area director. Members of the group include three nominated near-neighbours, one community council member, the local planning officer, the local area roads engineer, the company production manager and the local Councillor. Meetings are held quarterly with discussions on planning condition compliance, review of quarry developments, environmental matters, received complaints and actions taken, and a review of future workload. From the meetings the group has agreed various items such as a code of practice for HGV drivers, which was sent to the planning authority for approval and has now been accepted as part of the planning conditions. The liaison group is used as an avenue for communication between the quarry operator and the community. Through this discussion trust and a working relationship has been developed. Further information from the Quarry Products Association Scotland: www.qpa.orgGood Neighbour Agreements

57 Once the new measures come into effect during 2007 and 2008, applicants will also be encouraged by planning authorities to use Good Neighbour Agreements ( GNAs) where significant developments are proposed. GNAs are essentially voluntary arrangements between a community body and developer, or site operator, and as such should not be imposed on either party. However, where there is a shared commitment to set a framework for liaison around how a site operates then GNAs can have a number of benefits. These include providing communities with a clearer role in developments that affect them - providing a basis for communication, exchange of information and dispute resolution between the developer and community representatives. GNAs may also provide for access to relevant information about how a site operates, or what activities take place, the materials used or disposed of, or information about emergency procedures. The agreement might also enable access to the site by community representatives at agreed times to increase awareness of what is happening.

58 The provision of worthwhile information is part and parcel of improved relations between community interests and operators of the types of development that can have adverse impacts on neighbouring communities. GNAs are intended to be freestanding, registered in the same way as planning agreements and as such binding on successors in title. GNAs will not reduce the importance of effective monitoring and enforcement by the planning authority.

59 Effective community engagement is particularly important where there is ongoing long-term development, for example, in relation to the operation of mineral sites. In such circumstances, the performance of operators and their willingness to discuss and address legitimate concerns openly can often help secure the confidence of local communities. Scottish Planning Policy 4: Planning for Minerals and Scottish Planning Policy 16: Opencast Coal highlight the importance of operators working closely with local communities and encourages the establishment of formal community liaison arrangements as a mechanism for regular discussion.

A united community taking the lead Although starting as a campaign against a specific proposal, the Portobello Campaign Against The Superstore is an example of a whole community uniting to defend and conserve the amenity and character of their town where a proposed development was not considered to enhance, or complement, the existing urban form. It quickly turned into a positive forum for discussion on what was needed for the future development of the town in general as well as the development site. All ages and groups of society were involved and the local residents and traders worked together in the fundraising effort to make their case against the proposal through the Public Local Inquiry. The result is a stronger community with a reinvigorated sense of identity which now wants to find a positive, community-enhancing use for the site. There is now a real desire for people to become involved in the planning process through engagement with the local authority and with future developers. Further information at www.pcats.org.uk

THE ROLE OF COMMUNITY COUNCILS, VOLUNTARY, INTEREST AND AMENITY GROUPS

60 Community groups have an important role in the planning system and are to be encouraged to get involved in the development planning process and, once the new provisions come into effect, pre-application consultation. While not all community groups are involved in planning matters, there is a wealth of 'resource' in terms of community groups willing to be involved in shaping their environment. They will have a great deal of local information and knowledge which will be very helpful to planning authority and developer alike.

61 The only type of community group with a formal role in the planning system is community councils who are consulted on planning applications. There are proposals, to be arranged through secondary legislation, to give them a statutory role in development planning. Community councils vary in their extent, set-up and in the issues that interest them so their level of involvement in planning can differ from community council to community council. However, they can be very effective in obtaining and conveying views from their members and from other local community groups. The current role of community councils is outlined in PAN 47 Community Councils and Planning, although this will require updating once the new planning measures are in place.

62 Community councils should assist planning authorities in terms of their engagement in the planning process. For example, keeping the authority appraised of any changes in circumstances and allowing for appropriate programming of community engagement by the council.

63 When responding to plans and applications it is important that community groups ensure that responses are focused on planning issues as in this way they may be considered a material consideration. If in doubt speak to Planning Aid for Scotland, or your planning authority, about what is and is not a material consideration. The examples on this and the next 2 pages aim to illustrate how community councils, voluntary, interest and amenity groups can make their views known and influence development plans and proposals affecting their areas.

Working in Partnership
The Community Futures programme for the Loch Lomond and Trossachs National Park assisted 24 communities (based on Community Council boundary areas) to prepare their own local community plans. Each community in the National Park has prepared and published a plan which details the community's vision for its future, the community's current situation, the themes and issues that matter most to the community and the community priorities for action. Every community in the National Park has voluntarily participated in the project with the result that people in the Park area now have a greater interest and knowledge about the planning process with better partnership working at many levels. Further information at www.lochlomond-trossachs.org and www.stardevelopmentgroup.orgTHE ROLE OF KEY AGENCIES AND STATUTORY CONSULTEES

64 The engagement of bodies who hold information, or provide services that are essential to the delivery of development plan policies and development proposals, is critical to the success of the new planning system. Key agencies and statutory consultees will be defined in secondary legislation and therefore will be subject to consultation in due course. Key agencies will have a duty to co-operate in the development plan process and to engage at different stages (main issues report, proposed plan and preparation of the action programme). This should ensure that information essential to the strategy, or its delivery, is discussed at an early stage. Additional bodies, such as community councils, are likely to be designated as statutory consultees in development planning to ensure that they have the opportunity to participate. Proactive and timely engagement by statutory consultees in the planning application process is equally important.

65 Scottish Executive departments and agencies, such as Historic Scotland, Communities Scotland and Transport Scotland should also play their part and should pro-actively engage in the process. Service level agreements, or protocols, will be developed to set out the relationship between these bodies and planning authorities in different parts of the planning system.

A Community Council's role

Many Community Councils have developed a pro-active role in planning matters to ensure that the community they represent is consulted on issues that would have an impact on the area and that their views are communicated to the relevant Planning Department. They achieve this by monitoring the weekly list of planning applications produced by the Council; consulting with relevant Planning Officers where appropriate; holding extra meetings with Community Council members and public meetings to publicise plans and gauge community feeling and writing letters to the Planning Department expressing the views of the community on planning issues.

In South Queensferry there was a lot of opposition from neighbours about a housing development but the Community Council took a neutral stance. They organised a display in the local supermarket with representatives from the developer, the council and the Community Council. The Community Council contacted Planning Aid for Scotland to ask for advice on the planning system and what material considerations would be considered for possible objections. The approach gave realistic information so that representations could be made on appropriate key issues.

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