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1 INTRODUCTION
1.1 This consultation paper seeks comments on the proposed hierarchy for planning in Scotland. The Government's proposals are intended to provide a more proportionate approach for dealing with planning applications. The hierarchy is about ensuring the planning system is fit for purpose and efficient, recognising it has to deal with different types of development of varying scale and complexity.
1.2 The White Paper ' Modernising the Planning System' introduced the proposed hierarchy for planning. The Planning etc. (Scotland) Act 2006 now provides the primary legislative framework for the hierarchy in setting out the three categories to which all developments requiring planning permission will be allocated:
- national development;
- major development; and
- local development.
1.3 The hierarchy is a fundamental element of the proposed reforms to the planning system. There are important linkages to other elements of the reform proposals including the development management procedures and on schemes of delegation, local review bodies and appeals. Your views are invited on this consultation package including the draft regulations which are set out in Annex A. This consultation contains a series of questions on which respondents views are sought - the full list of questions are set out in Annex D.
The Importance of the Hierarchy
1.4 Currently all planning applications are subject to the same basic processes, regardless of their scale and complexity. This is inefficient and does not focus the system's limited resources on the most complex or significant proposals. The hierarchy will help deliver our aim for a system which can deal with different types of development in different ways ensuring applications are dealt with in an appropriate way to their respective scale and complexity and allowing decisions to be taken at the most appropriate level.
1.5 The Scottish Government's intention is that there should be a focus of engagement and scrutiny on the more complex development management proposals, while at the same time seeking to streamline and speed up those processes, where possible. In consequence, the intention is that public bodies will be able to prioritise their resources more effectively while allowing planning authorities to process applications more efficiently. Major proposals which are likely to have the most significant economic, social or environmental benefits should receive appropriate priority by planning authorities. A more proportionate procedure for local developments is also important, ensuring that best use is made of delegated powers whilst freeing up the system by exempting very minor developments from the planning application process.
The Planning etc. (Scotland) Act 2006
1.6 The Planning etc. (Scotland) Act 2006 introduced the hierarchy for planning. Part 3 Section 5 of the Act inserts a new section 26A into the Town and Country Planning (Scotland) Act 1997 defining the three categories to which all developments will be allocated: national, major and local development. While national developments will be set out in the National Planning Framework, the Act gives Scottish Ministers powers to make regulations to describe the classes of major and local development. The draft regulations in this consultation package set out to define major developments, leaving the remainder to be classed as local developments.
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