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THE VISION
Planning has a key role to play in ensuring that the development required to achieve economic growth in Scotland is managed in a sustainable way. We need a system that will restore confidence in planning and revitalise it as a critical tool for shaping the future of our cities, towns and rural areas. Changes to legislation, policies and procedures will not achieve this alone. To unlock planning's potential, positive changes to processes and behaviours will be required of all the organisations and individuals that operate and interact with the system.
This guide sets out what the Scottish Executive, the Royal Town Planning Institute ( RTPI) and PLANNING authorities are doing to adapt to the new system and how we will change our approach towards the main elements of planning - Development planning, development management and enforcement. Other stakeholders are also critical to the success of the modernised system and this guide discusses how we can work together to ensure that we secure a planning system that is fit for purpose, efficient, inclusive and sustainable.
What are the key elements of modernisation?
The planning system is undergoing the most significant modernisation in over 60 years. The Planning etc. (Scotland) Act 2006 is a landmark piece of legislation. The changes introduced by the Act are substantial and far-reaching.
We want a system that:
- supports better efficiency and greater public understanding, trust and confidence
- encourages and supports organisations and individuals to participate effectively in planning
- delivers quality developments in partnership with communities, public agencies and the private sector
Central to the modernisation package is a framework of up to date development plans which command widespread support and effectively guide decision-making. Plans will communicate clearly the nature and location of change in an area and how these will contribute to sustainable development. Plans should be regularly monitored and kept up to date. They should reflect the distinctive qualities of places and drive change, with technical assessments informing, not determining, policy. To achieve all of this, plans must become shorter and more focused and not include unnecessary detail which should be dealt with in supplementary guidance. Plans must focus on delivery: they are a means to an end, not an end in themselves.
Up to date development plans will guide effective development management through decisions on planning applications and appeals. The new hierarchy for decision-making will allow a stronger focus on complex cases and proposals of wider significance and promote decision-making on applications and appeals at the most appropriate level. Applications where the planning service offers little added value will be removed from planning control. There will be more early engagement with communities, rather than post-application consultation. There will be more consistency in the availability and accessibility of information on the development management process and reasons for all decisions.
Development plans and development management should be seen as interdependent - not as two separate activities - and should be reinforced by effective and proactive enforcement. Enforcement will have a higher priority within the planning service and will make better use of the range of available powers. Crucially, planning applications will include fewer but more enforceable conditions.
Improvements to the planning process, including better access to information and more transparent decision-making are important. The ultimate objectives are to promote development in the right place and to the right standard, and to protect and enhance Scotland's distinctive natural and built heritage.
DELIVERY
Planning needs to deliver high quality outcomes whilst balancing conflicting demands and interests in a fair and transparent way. To achieve this, we need to take a fresh look at processes, approaches and behaviours and ensure that they work for us and deliver the best outcomes, particularly where resources are limited. Where best practice is identified, it should be widely communicated to help others. We need to be open and transparent with our decisions and enforce where necessary in order to give confidence in the system and improve the public's perception of planning. We also need to understand wider processes and priorities and ensure that planning is able to play its role effectively.
The Executive cannot do this alone and the success of the proposals for modernisation are reliant on good partnership working between Scottish Executive Planning Division, Scottish Executive Inquiry Reporters Unit, planning authorities, the RTPI, communities, applicants, developers, consultants, consultees and planning schools. Together we can achieve a system that is efficient and one that we can have confidence in.
What the Executive will do
Leadership - We have already demonstrated our determination to reform and modernise the planning system through the White Paper, the Act, support for nd the Scottish Awards for Quality in Planning. We have done this in a way that is open and inclusive, engaging with a wide range of stakeholders. We will continue to do so.
National Planning Framework - We will engage with a wide range of stakeholders in preparing the National Planning Framework. National developments and key policy requirements will be articulated in the consultative draft of the framework. We will take into account the views of Parliament in finalising and implementing the framework.
Policy and Guidance - We will publish a range of Scottish Planning Policy documents setting out details of new policy requirements in consultation with stakeholders. We will also review and update relevant Planning Advice Notes including those covering development planning, development management and enforcement.
Development Planning - We will progress secondary legislation through Parliament and continue to promote the importance of relevant and up to date development plans in shaping our cities, towns and rural areas. Guidance and advice will support planning authorities in the efficient preparation of clear plans that are focussed on delivery. We will ensure that the approval process for strategic development plans is effectively managed.
The Scottish Executive Inquiry Reporters Unit will manage the examination process for strategic and local development plans, and will ensure that plans have been drawn up through effective participation and cooperation between planning authorities, communities and other key stakeholders.
Development Management - We will handle casework within agreed timescales and will take decisions that support up to date development plans. Additional burdens on development management will be minimised, for example, when developing legislation, policy or making requests for information. We will seek to improve service delivery and share experiences through the new planning performance framework.
The Scottish Executive Inquiry Reporters Unit will ensure inquiries and hearings become more efficient. A more concise form of decision letter will be introduced.
Enforcement - We will support and encourage authorities to take a pro-active role in dealing with unauthorised development. We will promote good practice through a revised Planning Advice Note.
Communication - We will maintain the momentum of planning modernisation by communicating the implementation of the new planning system through a range of methods. We will continue to liaise regularly with COSLA and planning authorities and provide advice through our Planning Helpline (08457 741741). We will promote good practice through publications, presentations and the Scottish Awards for Quality in Planning. We will improve access to information on the modernisation agenda through our internet site ( www.scotland.gov.uk/planning) and will seek advice on how to improve communication with our stakeholders.
Assessment - We will develop a positive and robust performance management framework, with greater emphasis on ongoing self-assessment by planning authorities. There will be clear processes for following up recommendations from assessments, as well as supporting measures to share best practice and deliver continued improvements in performance.
Training and Capacity Building - We have provided resources for learning and development in planning authorities through the Planning Development Programme. We will continue to liaise with the Programme Manager at the Improvement Service to ensure that appropriate learning opportunities are delivered and encourage authorities to make best use of this valuable resource.
Planning Division will remain open to any suggestions about how we can improve our services.
What the Royal Town Planning Institute will do
The reform agenda seeks to restore the positive role of planning, to encourage civic involvement, to streamline and speed up regulatory functions and reduce adversarial elements. The Institute is aware that without raised awareness of planning's relevance to the problems facing modern society, there can be little hope of action. Planning for the future takes on new urgency when we consider the impact of climate change. And without action the promise of the new legislative arrangements - the National Planning Framework, front-loaded public engagement, emphasis on delivery and development management, and strengthened enforcement - will never be fulfilled. The Institute agrees that a new approach is vital.
In practical terms, this means real change in behaviours and attitudes, and the planning profession willingly accepts its key role in helping to bring that change about, in leading by example and in taking individual responsibility. The changes will differ across stakeholders and organisations and will take time to achieve. They will have to be properly resourced. New skills and competencies will have to be embedded in education and professional development. At the same time, politicians and elected members need to see the importance of planning for the longer term, and seek to resolve the sometimes difficult issues involved.
The Institute is committed to developing and maintaining a skilled profession through the three main educational areas. The first is initial education through accredited courses in planning schools, and we have been working closely with the courses provided in Scotland. Each course is directed towards learning outcomes, and these are being carefully reviewed this year to ensure they are fit for purpose. The second is through the Institute's Assessment of Professional Competence, now being rolled out. The third is through the Institute's lifelong learning strategy of Continuous Professional Development, which we take very seriously, creating opportunities nationally and through support from our chapter network, the Scottish Young Planners Group and the Planning Development Programme.
This year we began rolling out our Learning Partners initiative to engage with employers in supporting professional development. RTPI Learning Partner status affirms an employer's commitment to training and development for planning employees at all stages of their careers, whether they are involved in professional, technical or support functions. Any employer of planners should be able to gain this status, whether the work is in statutory planning or other planning disciplines such as regeneration, transport or urban design. It is achievable by organisations solely involved in planning as well as multidisciplinary bodies and others employing planners like universities, retailers, charities, housebuilders or utilities.
In the last six months the Royal Town Planning Institute in Scotland has carried out a first round of culture change meetings for the profession in Aberdeen, Dumfries, Dundee, Edinburgh, Glasgow, Inverness and Stirling, and we organised a national keynote event on what the new approach means for a wide range of planning service users and participants. We will build on those efforts in the coming year with further events to focus on the practical steps needed to unlock planning's potential. We will give special attention to the needs of councillors and young planners. We will look to work with the Scottish Executive in supporting early learning opportunities and standards for new planners in conjunction with the Planning Development Programme and drawing on the Institute's mentoring initiative and our internet-based learning resource: www.planningmatters.co.uk. We are starting a new programme to raise awareness of planning in Scotland's schools and communities. Encouraging planning careers and recruitment is a vital part of the Institute's work at the present time. We are enhancing careers material for different audiences including schools, and making sure they are geared to Scotland's requirements.
What Planning Authorities will do
The Convention of Scottish Local Authorities ( COSLA) and the Scottish Society of Directors of Planning ( SSDP) in principle endorse and support the changes and improvements to be introduced as part of the modernisation of the planning system.
Planning authorities have a vital role to play in the modernising agenda and are central to the success of the new system. They will embrace new processes and champion change. It is recognised that changes in procedures will not be easy and will take time to settle down. Authorities are likely to bear the brunt of some of the early tensions and frustrations and will require assistance from all the key players in the planning system to minimise those demands. Whilst there is a challenging time ahead, authorities are encouraged to look positively on the changes and see this as a great opportunity to help deliver vital planning services.
Councillors
Up to date development plans will assist consistent decision-making and will give developers and communities confidence in the planning system. Councillors will recognise the importance of development planning and ensure that there are adequate resources available for plan preparation, including support for effective engagement, marketing and e-planning. Councillors should also monitor progress on plan preparation and review and allocate resources accordingly.
It is important that Councillors introduce and maintain support for extensive delegation of decision-making to officials and focus their attention on significant applications that have a high profile in their community. Decisions must reflect the council's development plan and other adopted policies and ensure that high quality design standards are achieved for all developments.
There are a wide variety of enforcement powers available to authorities and their effective use will help to provide trust and confidence in the system. Councillors should ensure that enforcement charters are drawn up and adhered to and that adequate resources are available for taking action where necessary.
Managers
Managers and officers will have a key role in monitoring, evaluating and amending processes which will be vital to the success of a more efficient planning system. Managers should be open to new ways of working and encourage innovative ideas from staff and customers. Managers will identify new procedures that are effective and will share good practice across authorities.
Managers will establish and monitor the programmes of plan preparation and implementation across professional, administrative and technical staff.
Managers should have easy access to information on performance and outcomes from the planning service, in order to make improvements to processes if problems arise.
Managers should ensure their enforcement staff have a clear understanding of the prosecution process.
Managers should ensure that staff and elected members have access to relevant learning opportunities and are supported in pursuing these opportunities, making best use of the Planning Development Programme.
Officers
Officers should ensure that plans focus on key spatial and land use issues and are fit for purpose - plans are not meant to cover every eventuality.
Pre-application discussions are important and planning authorities will ensure that they have mechanisms in place to effectively record and store key details of those discussions. Priority should be given to applications where maximum value can be added. Officers should ensure that pre-application discussions give the potential applicant a clear and consistent steer on the likely suitability of the proposal. Where further work on the proposal is required, officers should assist and support the developer by providing specific advice on how the best development can be secured.
The use of technology should be used to maximise efficiency in development planning and development management procedures.
Authorities need to recognise and respond to customer expectations and manage levels and types of engagement. Improved awareness of the development industry and the requirements of communities will help. Providing feedback to stakeholders on engaging effectively is essential and Planning Aid may be able to facilitate training courses for the community.
Officers should use fewer conditions but ensure they are enforceable. Where necessary, authorities should use the wide range of enforcement powers available to give trust and consistency in decision-making processes.
What can other stakeholders do to help?
Applicants, developers and consultants
Applicants, developers and their agents should continue to engage early in the development plan process ensuring representations are short and focused. For certain proposals, potential applicants will be required to engage with the planning authority, community and other relevant stakeholders at the pre-application stage. You are encouraged to be pro-active in this process and
ensure that clear and concise information is available to assist the authority, consultees and the community in the evaluation of the early proposals. You should demonstrate why you have or have not adjusted your proposals in response to these views.
When an application is lodged with a planning authority, you should ensure that all the required information is complete and that any supporting information is comprehensive and relevant. It is not the quantity of material that is fundamental to the efficient and effective handling of proposals, it is the quality of information and analysis.
Have confidence in the planning authority and work with them, suggesting service improvements where necessary, and helping them to understand development economics and other factors influencing your decision-making process.
You should continue to work in line with the development plan and, in relation to decisions on planning applications and appeals, act in accordance with what has been approved.
Communities
Community knowledge about how environments function is invaluable to assisting authorities create successful places that meet residents' needs. You should embrace change and concentrate resources on ensuring quality through securing the best development in the most appropriate places. It is important to build confidence and trust with planning authorities and use their knowledge to help you focus on key planning issues.
Communities should engage early with applicants and developers to
help ensure that development proposals provide the most appropriate development solution. Planning authorities are often dealing with competing and conflicting demands and you should assist in helping them to seek a solution. This will include engaging within agreed timescales, where possible, and focussing your comments on material planning considerations. You should provide feedback to help the planning authority improve their services. The development of online planning services will improve access to information and support improved participation. You have a vital role in helping authorities to deliver the infrastructure and services your community needs.
Consultees (statutory and other consultees)
As a consultee you must recognise the significance and importance of engaging through the statutory development plan process including contributing to the preparation of action programmes. Views should be communicated clearly and agreed timescales respected. You should engage in pre-application discussions and consultations to ensure that your views are embedded in the proposals. Where possible, you should respond positively to requests for electronic consultation. There is scope for planning authorities and consultees - both within and outwith the local authority - to draw up protocols or agreements to help foster effective working relationships. The Executive will help to facilitate the preparation of such agreements, for example, through the development of a model agreement.
Planning schools
There have been several positive developments in planning education in Scotland in recent years, in particular the introduction of one year post graduate courses. But there is a perception among some employers and recent graduates, that more can be done to prepare graduates for planning practice and to support the transition from initial education to practice. Planning education ranges more widely than the statutory system but the expectation from employers and other stakeholders is that graduates should have a good understanding of the modernised statutory planning system and should possess the knowledge and skills necessary to deliver outcomes within that system. The Scottish Planning Education Forum ( SPEF) is a key forum for discussing how planning education and the needs of practitioners can be best brought together. The Executive is fully committed to supporting SPEF as it progresses the debate around the promotion of planning as a career, planning education, the transition between education and practice as well as continuing professional development.
We are all excited by this great opportunity to make planning inclusive, efficient, fit for purpose and sustainable. Whilst acknowledging that there is a challenging time ahead we believe that by all parties working effectively together, the planning system can become a positive tool for managing change in the longer-term public interest. Planning can and will provide high quality places that will help make Scotland an even more desirable place to live, work and visit.
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