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04 WHAT THE COMMUNITY CAN EXPECT FROM THE PLANNING PROCESS
EVERYONE HAS THE RIGHT TO COMMENT ON PROPOSALS LIKELY TO AFFECT THEM. AS A RESULT OF PLANNING REFORM THERE WILL BE MANY MORE OPPORTUNITIES FOR PEOPLE TO GET INVOLVED IN PLANNING.
66 This section looks at the current opportunities for public engagement in planning and details the additional measures that communities can expect under the new planning system once the measures under the Planning etc. (Scotland) Act 2006 are implemented during the course of 2007 and 2008.
67 While the detail of planning reform is still to be worked out, we encourage those involved in planning to improve the quality of engagement with people - ahead of the statutory provisions coming into force. The inclusion of people and communities in the planning process is one of the driving forces behind planning reform.
- Community Engagement must be meaningful.
- Community Engagement must be at an early stage to influence the shape of plans and proposals.
- It is essential for people or interest groups to get involved in the preparation of development plans as this is where decisions on the strategy for growth, or protection, are made at a bigger scale.
68 We still have a long way to go to bring about the much broader cultural change in planning we are all seeking. The Planning etc. (Scotland) 2006 Act and the advice in this PAN provide the bedrock on which we can all help build a transformed planning system.
CURRENT OPPORTUNITIES TO ENGAGE IN PLANNING
The main ways that people and communities can engage in the current planning system are by commenting on:
National planning policy
This can be influenced through consultations, or by raising issues with Scottish Ministers or Parliamentary Committees. Publications are on the Executive's website at www.scotland.gov.uk/topics/planning
Development plans
Councils consult people and communities when they prepare structure and local plans which between them show how much development may take place, where it will take place and where it is unlikely to be allowed. Development Plans are the basis for decisions on planning applications. There are further opportunities:
- After a structure plan has been prepared, it goes to Scottish Ministers for approval and comments can be made to the Scottish Executive.
- After a local plan has been prepared and finalised, it is advertised by the council and objections can be made. Councils usually try to settle outstanding objections by negotiation. If this is not possible, objections are considered in public at a 'local plan inquiry' before the council decides how it will adopt the plan.
Planning applications
Everyone has the right to comment on proposals likely to affect them. Neighbours must be notified by the applicant while some types of application are advertised in the local press and elsewhere. Applications can be seen at the planning office (and sometimes in other places, such as local libraries, by arrangement) and local community councils are informed. Comments made in good time, along with other statutory consultations, must be considered by the council before a decision is made.
Enforcement
Councils have powers to enforce against breaches of planning controls and will act on complaints. Councils are often alerted to unauthorised works through complaints made by members of the public.
EMERGING ADDITIONAL OPPORTUNITIES TO ENGAGE IN PLANNING
As a result of planning reform there will be many more opportunities for people to get involved in planning. The following paragraphs detail the additional measures that communities can expect under the new planning system once the measures under the Planning etc. (Scotland) Act 2006 are implemented during the course of 2007 and 2008.
Further regulations, guidance and advice on the emerging additional inclusion measures as they relate to development planning, management and enforcement will be prepared in conjunction with stakeholders and other interested parties.
National Planning Framework ( NPF)
Communities can expect Scottish Ministers to:
- Seek views on the scope and content of the 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 will continue to have the opportunity to contribute to all Scottish Executive planning consultation documents which are available on the Scottish Executive's website and in hard copy.
Development Plans
Strategic and local development plans are the basis for making decisions on planning applications. It is therefore important that people participate early 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 available on the planning authority's website.
- Involve the community early and meaningfully in the preparation of new development plans.
- Notify neighbours of new site specific development plan proposals.
- Engage with Statutory Consultees including Community Councils.
- Increase transparency by including a schedule of land owned by the local authority as part of the local development plan.
- 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 with increased use of informal round table discussion.
- SEIRU, or the Scottish Ministers, will check how the planning authority has met or exceeded its intentions set out in the Participation Statement before development plans are adopted.
- Where consultation is inadequate, the planning authority will 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 availability of a weekly list of new applications in the local newspaper and on their website.
- Notify neighbours of development proposals (instead of developers as at present) 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 certain types of development (likely to be major developments, those significantly contrary to the development plan, those requiring EIA and larger scale 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 types of 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
- Planning authorities will be required to publish an enforcement charter setting out in clear terms their policy on enforcement.
- Where there are breaches of planning control, or breaches of planning conditions, the planning authority will have strengthened powers which will enable them 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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