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DEVELOPMENT MANAGEMENT CONSULTATION
1. INTRODUCTION
1.1 This consultation paper concerns new secondary legislation on procedures relating to processing planning applications, or "development management" as the process is now known. The new procedures in the attached draft Town and Country Planning (Development Management Procedure) (Scotland) Regulations stem from the provisions in the Planning etc. (Scotland) Act 2006 which amend the Town and Country Planning (Scotland) Act 1997. The 2006 Act sets the framework for modernising the planning system.
1.2 The changes to development management are concerned specifically with: making the processes around planning applications fit for purpose and responsive to different types of development proposal; improving efficiency in determining planning applications; and improving public involvement in the consideration of proposals requiring planning permission.
1.3 In setting a framework, the 2006 Act specifies a number of the requirements in relation to each aspect of development management discussed in this paper. It also contains further powers to elaborate on these basic requirements in secondary legislation. In anticipating some of the detailed features of the new procedures the 2006 Act therefore limits some of the options for detailed prescription in the new regulations.
1.4 The order of the elements of development management discussed in this paper largely follows the order of processing a planning application with some exceptions, for example, enhanced scrutiny procedures, which will occur at various stages prior to an application being made or during its processing but are grouped together here to simplify the analysis.
1.5 A significant element of the new development management procedures relates to new inclusion measures. These result from some of the concerns that led local communities and others to seek a right of appeal where planning permission is granted for proposals to which they object. The Scottish Government recognises the need for local communities to have a better opportunity to influence development proposals and take part in the determination process. However, it has been concluded that a so-called "third party right of appeal" at the end of the planning application process would not be an effective way to enable local communities to influence development proposals. Such a mechanism would also risk creating a significant barrier to the timely consideration of many much needed developments.
1.6 The way ahead, as reflected in the White Paper Modernising the Planning System (June 2005) and the 2006 Act, is: to improve involvement at the development planning stage, when the local policy context for considering development proposals is being prepared; to allow local communities a greater role at the pre-application stages of certain applications, to influence the nature of the proposals themselves; and to allow enhanced scrutiny during the processing of such applications. In addition, new measures to ensure greater awareness of proposals and transparency of decision-making are being introduced.
Related documents
1.7 This paper should be read in the context of the other consultation papers recently published relating to development planning, enforcement and, in particular, the paper on the hierarchy. The latter explains the approach to differentiating between national, major and local developments. This paper will refer to different aspects of the processing of applications for development in these three categories. The relevant consultation papers can be viewed through the following links:
http://www.scotland.gov.uk/Publications/2007/11/29105802/0 - The Hierarchy
http://www.scotland.gov.uk/Publications/2007/10/31093026/0 - Development Planning
http://www.scotland.gov.uk/Publications/2007/10/31093316/0 - Planning Enforcement
1.8 In addition to the main consultation paper, this document contains partial Regulatory ( RIA) and Equality Impact Assessments ( EQIA). The aim of the RIA is to assess the impact of the proposals in the consultation paper on business and other interests. It considers the additional costs to business that may be imposed by the legislative changes and seeks to assess the wider benefits which may be brought by the changes. Equality Impact Assessment ( EQIA) is about considering how policy may impact, either positively or negatively, on different sectors of the population in different ways. You are encouraged to comment on these documents in addition to the proposals in the consultation paper.
Glossary
The 2006 Act: The Planning etc. (Scotland) Act 2006
The 1997 Act: The Town and Country Planning (Scotland) Act 1997, as amended by the 2006 Act
The GDPO: The Town and Country Planning (General Development Procedure) (Scotland) Order 1992
The DMR: The draft Town and Country Planning (Development Management Procedure) (Scotland) Regulations - which will replace the GDPO
EIA Regulations: The Environmental Impact Assessment (Scotland) Regulations 1999
The White Paper: Modernising the Planning System (June 2005)
1.9 References in the text to regulations are to regulations in the DMR unless otherwise stated. References to sections are to sections of the 1997 Act unless otherwise stated. Although the paper in effect refers to the Town and Country Planning (Scotland) Act 1997 as amended by the 2006 Act, most of these amendments have yet to be brought into force and this will only happen when the secondary legislation set out here and in other draft regulations relevant to development management are brought into force.
1.10 When the DMR are eventually brought into force they will be accompanied by guidance explaining the various requirements and supporting new measures such as enhanced scrutiny and design and access statements.
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