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SECTION 3: DELIVERY OF HOUSING

45. This section sets out the role of different elements of the planning process in delivering housing, considering development planning and development management. Up-to-date development plans are the key to ensuring continued opportunities for new housebuilding across Scotland. A robust assessment of need and demand, the inclusion of effective sites in local development plans and realistic programming of the effective supply should enable the construction of homes to meet targets within predictable timescales. As well as the spatial, site-specific dimension of the development plan, it is important that plans promote the creation of quality developments, mixed communities, opportunities for new housing in rural areas and the appropriate provision of affordable housing.

46. Delivery of housing does not rely solely on the allocation of appropriate land in the development plan. A variety of other factors contribute, including consideration of the planning application; negotiation of section 75 agreements; granting of a building warrant, as well as other regimes such as roads construction consent and water and drainage connection; the capacity of the construction industry; and the functioning of the housing market. Each affects the time taken to reach the stage where housing can be built.

47. Some of these factors may be outwith the direct control of the local authority: for example, housebuilders have direct influence over the rate at which housing is constructed and made available for sale or rent. Once the scale of the housing land allocation is established through the development plan, local authorities, developers, service providers and other partners in housing provision are expected to work together to ensure the necessary level of housing can be delivered. This should be monitored through the housing land audit and development plan action programmes.

PLACE-MAKING AND DESIGN

48. The Scottish Government's objectives of creating successful places and achieving quality residential environments should form vital threads through the whole process of delivering new housing developments through the planning system. The process of site selection should include consideration of the type of development that can be achieved, based on a sound appraisal such as masterplanning. SPP 1: The Planning System and Designing Places are clear that the planning process has a role to play in ensuring that new housing is well-designed and responds to its context. The siting and design of new housing should consider its setting, whether urban or rural, and the relationship with the landscape in which it is located, as well as topography, local materials, character, appearance and ecologies. This does not mean that existing characteristics should simply be recreated in pastiche, nor does it prevent innovative design.

49. The principles of good urban design and place-making should underpin new housing proposals and aim to create places with a distinct character and identity. They should have connection with the movement and settlement patterns of the wider area, influence the consumption of energy and reduce the impacts of climate change. These considerations are relevant at each stage of the design process to achieve high-quality residential or mixed-use development. Development plans should include a policy framework to influence the creation of successful places which contribute to the identity of that locality. PAN 67: Housing Quality aims to raise the design standard of new housing and provides detailed guidance on the creation of successful places. Annex B outlines the range of policy and guidance relating to the achievement of quality design solutions for new housing at different stages of the plan-making process.

50. The Scottish Government is committed to raising the quality and design standards of new development. The Scottish Sustainable Communities Initiative encourages the creation of places which demonstrate a level of innovation and quality of design which will lead to the creation of successful places, and which serve as an inspiration to future development in Scotland. Sustainable communities provide high quality, affordable homes for all sectors of the community, with opportunities for the creation of jobs, provision of education and other services necessary to enable high standards of living, cultural identity and creation of environments which encourage healthy and active living. They should fit well in the local landscape, maximise the opportunities of the location and should be fully integrated with both public transport and active transport networks, such as footpaths and cycle routes, rather than being dependent on the car. They should make a significant contribution to reducing emissions of carbon dioxide.

51 The environmental performance of new development is a key factor in the design quality that can be delivered while also reducing carbon dioxide emissions. Efficiency in use of energy and other resources throughout a development can be influenced by a range of factors including location, siting, orientation, layout, materials and design. This would have positive effects for building performance, maintenance requirements, quality and attractiveness and the lifespan of buildings. Efficient use of resources during construction, and in the way buildings are used, should enable adaptation to the effects of climate change, as well as reducing the impacts of development itself.

52. In August 2007, The Scottish Government appointed an expert panel to recommend measures to improve the energy performance of houses and building in Scotland. The panel's report, "A Low Carbon Building Standards Strategy for Scotland" (the Sullivan report) ⁶ set out its recommendations for future building regulations, including that U-values and airtightness for building fabric should be improved in 2010 to match those of Nordic countries.

53. The Sullivan report recommends a route map towards the goal of net zero-carbon buildings (i.e. space and water heating, lighting and ventilation) by 2016/17 if practical, and an ambition of total-life zero-carbon buildings by 2030. The workstreams identified in the Sullivan report will be progressed, including assessing the potential impacts of the recommendations and considering the first stage of reducing carbon emissions by 2010. This will be underpinned by robust research to ensure that the issues are understood fully, including the impacts on costs, construction, maintenance and the use of buildings.

DEVELOPMENT PLANNING

THE SPATIAL DIMENSION - GUIDING DEVELOPMENT TO THE RIGHT PLACES

54. This section considers factors relevant to the choice of sites for inclusion as housing land allocations in development plans in order to augment the existing supply. The 2006 Act will provide that planning authorities must exercise development planning functions with the objective of contributing to sustainable development. Local authorities are encouraged to have regard to this before it becomes a statutory requirement. Additionally, local authorities must take account of Scottish Government and other policies on a range of matters, including the protection and enhancement of the natural and built environment, historic and heritage interests, protection of mineral resources, integration of land use and transport, flood risk and greenbelt policy. Annex B outlines the range of policy and guidance which is relevant to the selection of sites for new housing as part of the plan making process.

55. A mitigation schedule outlining ways in which the potential environmental effects of housing development can be offset is set out in the Strategic Environmental Assessment Post-adoption Statement.

Sustainable Settlement Strategies

56. It is The Scottish Government's policy that all planning authorities must draw up a long-term sustainable settlement strategy as part of the development plan to provide the context for new development, recognising that the appropriate strategy for each area will reflect local needs, priorities and circumstances and is likely to be very different for remote rural areas compared with accessible urban areas. The following key considerations should form the basis for the strategy:

• the efficient use of land and existing buildings, resources and infrastructure;
• accessibility by a range of transport options to jobs and services for all sections of the community;
• co-ordination of housing land provision with improvements in infrastructure, including transport and educational investment, and with other major proposals such as business or other economic development; and
• the protection and enhancement of landscapes; natural, built and cultural heritage; biodiversity; and the wider environment, including consideration of flood risk.

57. Planning authorities should justify the strategy proposed, including reference to reasonable alternatives The strategy, site allocations and policy framework will be tested through the Strategic Environmental Assessment of the development plan, as required under the Environmental Assessment (Scotland) Act 2005.

58. The selection of appropriate sites and the amount of land needed to meet the housing requirement should in principle consider the reuse of existing land and buildings before development on greenfield sites, but also take account of the planning authority's balanced consideration of the following factors:

• the potential of the site to meet the strategy and policies of the plan and other national and local policy objectives;
• the relative accessibility of sites by a choice of transport options (see paragraphs 73 - 75);
• the availability of infrastructure, education and community facilities;
• whether development can be achieved on a particular site within the required timeframe;
• the provision of a variety of sites to provide choice across the housing market area;
• the design, quality and density of development that can be achieved on a site, taking account of its location, landscape setting and characteristics;
• the individual and cumulative effects of all proposed development; and
• any other relevant matters, including the views of all relevant parties (including the local community).

59. Strategic consideration of the scale and location of the housing land requirement in development plans well ahead of land being required for development should assist in aligning the investment decisions of developers, infrastructure providers and others. It also allows early consultation on the probable future direction of development. Where large areas of land are identified as appropriate for development in line with the settlement strategy, but are capable of contributing to the housing requirement in years beyond the current plan, the long-term reservation of that land for development in later years should be indicated in the plan.

Efficient use of land and buildings

60. The settlement pattern is the product of generations of investment in physical infrastructure, social and cultural facilities and public amenities. Planning authorities should promote the efficient use of land and buildings. In principle this means directing the majority of new development towards sites within existing settlements to make effective use of existing infrastructure and service capacity, and reduce energy consumption, while ensuring the creation of quality residential environments. There remains a need to consider the vulnerability and value of soil as a resource, including the protection of agricultural land, particularly that regarded as prime quality land, when considering the allocation of land for development. ⁷ The intrinsic value of each site should be considered, including the contribution it makes to the natural or cultural heritage resources of the area, the likely effects of developing the site and the relative costs associated with works necessary to provide an appropriate residential environment. Overall, the most sustainable option may not necessarily be the brownfield site within the urban area, and equally the least sustainable option may not necessarily be greenfield land on the urban fringe.

61. The appropriate density of new development should be determined in relation to the character of the place and its relative accessibility, with higher densities more appropriate in the most central and accessible locations. Through good design it is possible to achieve a variety of forms of high-density living environments without overcrowding or loss of amenity. The right density, alongside high design standards, a good mix of dwelling types and accessible green spaces are more likely to create communities that are self-supporting and socially diverse.

(a) Urban capacity studies

62. Planning authorities are encouraged to make an assessment of the opportunities for further housing development within existing settlements, focussing on previously developed land and conversions of existing buildings, or a review of existing land allocations for uses other than housing, where appropriate. Such assessments, known as urban capacity studies, will be useful in the preparation of a sustainable settlement strategy, and may inform assumptions about the expected output from windfall sites. Such studies are most likely to be needed where a planning authority is pursuing a strategy of directing new housing to brownfield sites and may assist in measuring the extent to which any brownfield targets can be met. Although they are not exclusive to urban areas, they are less likely to be practical for smaller settlements in predominantly rural areas.

63. Planning authorities should, where possible, involve the private sector in the preparation of urban capacity studies and make them as transparent as possible. The results of such studies should be placed in the public domain. Actively involving private sector development interests in site appraisal can help to ensure a realistic assessment of development potential. Sites identified as having potential for residential development may be included within the housing land audit as part of the established supply.

(b) Brownfield land

64. Opportunities for new housebuilding on land which has been previously developed in urban and rural areas will reduce the amount of greenfield land required to meet the overall housing requirement. Redevelopment of brownfield sites for housing should be preferred to development on greenfield sites, particularly where it supports the strategy of the development plan. A national target for brownfield residential development is not appropriate because the availability of previously developed sites varies across the country. Where individual planning authorities consider that targets would be helpful in a particular area, these should be realistic and justified.

65. Housing can complement other forms of new development and act as a catalyst for regeneration. There is scope for mixed-use developments, where commercial, retail, leisure or other uses form part of a development alongside housing, preferably including a variety of tenures. Development plan policies should support opportunities for mixed-use proposals on appropriate sites.

66. Redeveloping unpopular or sub-standard accommodation in existing neighbourhoods can support the wider regeneration of such communities, providing improved choice of housing type, tenure and density of development, as well as improvements in the quality of the environment for all residents. Where existing housing stock is replaced, care should be taken to ensure only the net increase in housing stock counts towards meeting the identified housing land requirement.

(c) Infill sites within existing settlements

67. Infill sites within existing settlements can often make a useful contribution to the supply of housing land. These opportunities might range from relatively small-scale undeveloped sites within otherwise built-up frontages or larger areas of land in urban, suburban or village locations. Planning authorities should ensure that where infill sites are assessed as suitable for development, proposals respect the scale, form and density of the surroundings and enhances the character and amenity of the community. The individual and cumulative effects of infill must be sustainable in relation to the social and economic infrastructure of a place, and must not lead to over-development. In particular, care should be taken not to erode the open space and green networks in an area.

(d) Expanded and new settlements

68. Where brownfield and infill sites cannot meet the full range of housing requirements, it may be necessary to release greenfield land next to built-up areas. Meeting housing requirements through extensions to existing towns and villages can have a number of advantages. Servicing costs can be reduced and new housing may benefit existing communities by helping to sustain local schools, shops and services.

69. Development plans should specify how the character and setting of an existing settlement is to be protected, guide new development to suitable sites, and, where appropriate, provide for the phased release of land.

70. In some areas, new stand-alone settlements may contribute towards meeting housing requirements as part of a long-term strategy where:

• there are physical, environmental or infrastructural constraints to the further growth of existing settlements, or it forms part of a strategy for promoting rural development and renewal;
• it could assist in reducing development pressure on greenbelt land or areas of attractive countryside;
• it can be serviced readily by public transport;
• it will not have a significant adverse effect on any natural or built heritage interest safeguarded by a national or international designation; and
• it will not result in other significant environmental disbenefits.

71. Where a planning authority considers a new settlement a necessary part of their development strategy, the development plan should specify its scale and location, and set out the framework to guide development. Where there is likely to be a long lead-in time to the delivery of housing units on particular sites this will require to be taken into account in determining the level of effective allocations made in the plan.

72. Where expanded and new settlements are part of the solution, they provide an opportunity to effect a step change in the quality and environmental standards of communities. Housing can be developed for a range of tenures with decentralised heat and power and high energy efficiency standards, and be located so as to make optimum use of public transport and provide opportunities for walking and cycling. Design and build quality should reflect the best architectural and design traditions of Scottish towns and villages.

See PAN 44: Fitting New Housing Development into the Landscape.

Accessible locations

73. To contribute to the reduction of greenhouse gas emissions, The Scottish Government is committed to the effective integration of land use and transport. Patterns of development should seek to reduce the demand for travel and reliance on the private car, and help to reduce energy consumption generally.

74. In considering the appropriate location of new residential development, preference should be given to locations which can be well-integrated with existing and proposed public transport, walking and cycling networks. Such locations should be developed at higher densities. In central locations, integrating housing with commercial, community and leisure uses in mixed developments can create improved access to jobs and a wide range of services. People living in rural areas may continue to rely heavily on private forms of transport where there are few alternatives.

75. In seeking to locate new housing where it will be accessible by a range of forms of transport, planning authorities may conclude on balance that the release of certain areas of greenfield land will result in a more sustainable pattern of development than relying on brownfield sites.

Further guidance on the integration of land use and transport is contained in
SPP 17: Transport and Planning.

Housing Related Policies in Development Plans

76. Alongside the spatial strategy of the development plan, planning authorities should consider a number of other relevant issues in making specific land allocations, and should provide development plan policy and supplementary guidance which will be relevant to both planned and speculative housing proposals. The following paragraphs outline some of those policy areas which planning authorities should address in their development plans including landscaping and open space, mixed communities, affordable housing, rural housing and developer contributions.

Landscape and open space

77. Landscaping of development proposals can make a significant contribution to environmental quality, particularly when planting begins to mature. Proposals should be considered in the context of their landscape setting and developers should consider creating a landscape framework within which development can take place. New development should respect, and where appropriate enhance, existing vegetation and other natural features. Mature trees should be retained where possible and replaced where they are lost. As part of development proposals, the creation and management of natural heritage interests and well-designed, sustainable water management including the use of sustainable urban drainage systems ( SUDS) can also enhance the biodiversity of the local area.

78. Private and public open space for relaxation, informal recreation and sport is important to the health and well-being of communities, and can play an important role in preventing crime and strengthening community interaction. It also contributes to the visual amenity of a place. Developers and planning authorities should consider what type of open space is appropriate to serve particular housing developments and how it can best be located, distributed and laid out having regard to the distribution and function of existing provision.

79. In relation to public open space this should be done in the context of an open space audit and strategy, and might involve on-site or off-site provision or a financial contribution to open space or recreational resources in the local area. Provision should be made for the long-term maintenance and management of the open space resource. Private garden space should form a key element of the design and layout of developments. Along with allotment gardens this can form part of the open space resource in a community, and can be used for food production.

SPP 11: Open Space and Physical Activity, NPPG 14: Natural Heritage and PAN 65: Planning and Open Space provide relevant policy and advice.

Mixed communities

80. Scottish Government policy encourages more diverse, attractive and mixed-use residential communities, in terms of tenure, demographic and income. A range of housing types is needed to support the creation of mixed communities which provide housing options for the whole community and all segments of the market, from affordable housing and starter homes to executive housing, as well as homes for families, older people and people with particular housing needs. In some locations, mixed use will incorporate opportunities for business units and community spaces. The scope to create mixed communities will depend on the scale and nature of the development, and the opportunity for the creation of mixed communities will not necessarily be applicable to every site.

81. New housing developments should be designed to meet the needs of the whole community, and with opportunities for households to continue to meet their changing housing needs over time. This includes provision of flexible living space which can be adapted as the needs of households change, and storage capacity, as well as a mix of housing types. Beyond this, effective design of places - for example, in street layout, green and community space provision - can assist in building opportunity for positive social interaction and support healthier lifestyles. This can also increase sense of connection to place and support longer-term sustainability of areas, minimising the need for future interventions. Drawing on the HNDA and the LHS, development plans should encourage the creation of mixed communities rather than single-tenure developments. As far as possible, the tenure of housing should be indiscernible from its design, quality or appearance.

82. Development plans should also address the specific housing needs of particular sections of the community such as gypsies and travellers, travelling showpeople and consider the need for houses in multiple occupation in their areas.

(a) Gypsies and Travellers

83. Gypsies and Travellers have specific housing needs, often requiring sites for caravans and mobile homes. Local authorities will consider the needs of all Gypsies and Travellers for appropriate accommodation within their housing need and demand assessment and take these into account in preparing their local housing strategies. Given the typically transitory nature of Gypsies and Travellers, planning authorities should make provision for such communities as are in their area already, as well as those who may arrive at a later date. Planning authorities should identify suitable locations for sites for Gypsies and Travellers and set out policies for dealing with planning applications for small privately-owned sites. Planning authorities should ensure that Gypsy and Traveller communities are involved in decisions about sites for their use.

84. The existing policy framework for assessing and meeting the accommodation needs of Gypsies and Travellers remains in place. This includes:

• Secretary of State's Advisory Committee on Scotland's Travelling People, Guidance Notes on Site Provision for Travelling People, (Scottish Executive, 1997).
• Advisory Committee on Scotland's Travelling People, Ninth Term Report 1998-1999 (Scottish Executive, 2000). ⁸
• Gypsy and Traveller Accommodation Needs Assessments (Department of Communities and Local Government, 2007). ⁹

Further links to advice on the provision of local authority services, including housing, to Gypsies and Travellers can be found on the Communities Scotland website. ¹⁰

(b) Travelling Showpeople

85. Travelling showpeople are a separate community from Gypsies and Travellers, and may have different housing needs. Showpeople are likely to need both winter quarters and sites for more settled parts of the community, which often include children and retired people. Local authorities will consider the needs of all Travelling Showpeople for appropriate accommodation within their housing need and demand assessment and take these into account in preparing their local housing strategies. Travelling showpeople have tended to identify suitable sites themselves and approach local authorities with proposals. Planning authorities should be prepared for such approaches and should consider them appropriately. The typically transient nature of many Travelling Showpeople means that local authorities should consider the accommodation needs of those communities in their area already, as well as those who may arrive at a later date.

86. The Department for Communities and Local Government has issued circular 04/2006 - Planning for Travelling Showpeople. ¹¹ Although this does not apply in Scotland, it may be helpful in understanding the accommodation needs of Travelling Showpeople.

(c) Houses in Multiple Occupation

87. Demand for Houses in Multiple Occupation ( HMO) has come typically from students, but there is growing demand from other groups, notably young professionals and migrant workers. The requirement for HMO accommodation has shifted subsequently from areas close to universities and colleges to throughout Scotland, including some rural areas.

88. Local authorities should consider the need for HMO accommodation to help ensure the provision of an adequate and appropriate supply. This should be done in consultation with, for example, universities and those who employ migrant workers, as well as those who require HMO accommodation.

89. Where planning authorities have established policies designed to manage concentration of HMOs in particular areas, they should take appropriate action to ensure that such policies are implemented and enforced accordingly.

90. Further planning guidance on HMOs and the licensing system can be found in Circular 4/2004: Guidance on the interface between planning control and licensing. ¹²

Affordable housing

91. Affordable housing is defined broadly as housing of a reasonable quality that is affordable to people on modest incomes. In some places the market can meet all or most affordable housing needs, but elsewhere it is necessary to make housing available at a cost below market value to meet identified needs. Affordable housing may be in the form of:

• social rented accommodation;
• mid-market rented accommodation;
• shared ownership;
• shared equity;
• discounted low cost housing for sale, including plots for self-build; and
• housing without subsidy.

PAN 74: Affordable Housing gives detailed guidance on the provision of affordable housing.

92. Where the HNDA and LHS identifies a shortage of affordable housing, this should be addressed by the development plan as part of the overall housing land requirement. As with market-led housing development, the need for affordable housing should, where possible, be met within the housing market area where it has arisen.

93. The circumstances around provision of affordable housing, including the form that affordable housing should take, will vary within and between local authorities. Where the planning authority believes that the planning system has a role to play in the provision of affordable housing locally, the development plan should be clear on the scale and distribution of affordable housing, including an outline of what is expected from prospective developers. Further detail is set out at paragraph 36 of PAN 74: Affordable Housing. This will help ensure that any requirement to provide affordable housing can be factored into the price that a developer will pay for land. In other areas, local authorities may need to consider more innovative approaches to deliver housing for those in need.

94. Policies in development plans may seek a percentage affordable housing contribution from all new housing developments where this is justified by the HNDA and included in the local housing strategy. The benchmark figure is that each site should contribute 25% of the total number of housing units as affordable housing. Local authorities should prepare detailed Supplementary Planning Guidance on how the affordable housing requirement for their area is expected to be delivered, including an indication of the different approaches needed for urban and rural areas. In circumstances where it is considered that housing built to meet identified affordability needs should remain available to meet such needs in perpetuity, guidance should set out the measures which will be used to achieve this.

95. Planning authorities should also consider allocating sites specifically for affordable housing to meet requirements identified by the HNADA and LHS. This approach is most likely, but not exclusively, to be appropriate for small-scale sites within or adjoining existing villages to provide for locally arising needs.

Housing in rural areas

96. The Scottish Government's aim is to promote development that supports the rural economy, promotes rural regeneration, embodies the principles of sustainable development and enhances the rural environment. Rural areas across Scotland face a range of economic and environmental challenges. Many areas close to existing settlements experience pressures for various forms of development, which should be addressed by planning policies. Planning policy should also be concerned with enabling growing rural communities to expand, as well as sustaining fragile and, in some cases, dispersed communities. The housing needs in crofting counties should also be addressed by relevant planning authorities.

97. There is a steady demand for new housing, sometimes as second homes, in some rural areas. It may be possible to harness these demands in ways which secure economic, social or environmental benefits. The requirement for new housing in rural areas should be considered part of the development of a sustainable settlement strategy, with the majority of new housing continuing to be met within or adjacent to existing rural settlements.

98. All planning authorities must set out the circumstances in which new housing in the countryside outwith settlements may be appropriate in their areas, including redevelopment of brownfield land and opportunities for new homes on greenfield sites where appropriate. ¹³SPP 15: Rural Development gives further policy direction on the ways in which this can be achieved, and PAN 72: Housing in the Countryside provides helpful guidance in relation to a number of opportunities for the provision of housing in rural areas. Where there is significant demand for new housing, specific development plan provision could contribute to economic and social opportunities and reduce pressures on the general housing stock without damaging the environment.

99. In some rural areas, particularly those categorised in SPP 15 as intermediate and remote, new housing outwith existing settlements may have a part to play in economic regeneration and environmental renewal. In rural areas with substantial long-term depopulation, proactive planning measures to help increase the resident population could assist economic and social regeneration. Non-residential buildings in the countryside which are no longer required for their original purpose can offer opportunities for conversion to dwellings. Residential and business conversions are a way of retaining buildings which contribute to local character, and can result in distinctive assets to the local environment. Proposals for the sensitive re-use, conversion or rehabilitation of buildings which can be accessed safely and serviced readily should be viewed sympathetically. Some limited new housing, along with converted or rehabilitated buildings, may be acceptable where it results in a cohesive grouping that is well-related to its landscape setting.

Developer contributions

100. Creating a new settlement or major extension will generally require partnership between the public sector, private developers and other interests. Development plans should be clear about the likely scale of developer contributions associated with land allocations, ensuring they are in line with the legislation. Such provisions should be drawn up in consultation with the relevant parties, and the cost of providing the necessary infrastructure should be commensurate with the scale of the development proposed. The Scottish Government will review the operation of developer contributions in Scotland as part of a review of the system of planning agreements (see paragraph 104).

THE DEVELOPMENT PLAN ACTION PROGRAMME

101. Under the 2006 Act, strategic and local development plans are required to be accompanied by an action programme setting out how the authority intends to implement the plan. The action programme must be published alongside the plan to which it relates and is required to be reviewed and updated every two years. The programme should set out a list of actions necessary to deliver each of the plan's policies. It should also address any critical issues of phasing, infrastructure provision, the removal of significant constraints, land acquisition and the preparation of development briefs or other supplementary guidance. The programme must also include details of the person(s) and/or organisation(s) responsible for the actions, and the timescale for carrying out each action. This will include the local authority and other organisations with responsibility for elements of the delivery framework. The inclusion of an action programme within the development plan, and a biennial review of it, along with monitoring of the land supply through the annual housing land audit, will provide early notice of delays in meeting the housing requirements, giving the local authority the opportunity to take necessary steps to ensure the delivery and implementation of the housing land allocations. In these circumstances paragraph 44 indicates that authorities should bring forward additional land within the overall strategy of the plan to maintain an effective 5-year land supply.

DEVELOPMENT MANAGEMENT

102. Development Management is an important element of the way in which the planning process assists the delivery of new housing. The reform of the planning system reinforces the primacy of the development plan. This means that decisions on planning applications should be taken in line with the development plan, unless material considerations indicate otherwise. The importance of this role underlines the need for plans to be prepared and reviewed quickly to ensure they remain up-to-date to provide a robust framework to guide decision-making. The enhanced engagement of the private sector, consultees and the wider community, which will apply to new style development plans, will lead to more robust plans which have wide support. These factors should make the assessment of planning applications simpler, quicker and more consistent.

103. Changes arising from the 2006 Act will improve the speed and efficiency of the development management process and the quality of the decisions taken. A new hierarchy of developments is proposed, under which some applications will require pre-application consultation with the community. Some proposals may benefit from processing agreements between the planning authority and the applicant, which will set out an agreed period to reach a decision. Increased use of new technology will improve service delivery, as well as the accessibility of information to more people. Developers and the public should have confidence in the decisions taken through the planning system, and the decision making process should be more transparent and stand up to scrutiny.

Planning Agreements

104. Under section 75 of the Town and Country Planning (Scotland) Act 1997 planning authorities have the power to enter into an agreement with those who have an interest in the land for the purpose of restricting or regulating its use. Agreements can be used to overcome obstacles to the granting of planning permission, but planning authorities should not use an applicant's need for planning permission to obtain a benefit which is unrelated in nature, scale or kind to the proposed development. The time taken to negotiate complex planning agreements can delay the building of new housing. The Scottish Government is undertaking a review of the framework governing planning agreements. The aim of the review is to produce a system that will balance provision of contributions to support related infrastructure and amenity while facilitating development necessary to increase sustainable economic growth in Scotland at a local and national level.

SODD Circular 12/1996: Town & Country Planning (Scotland) Act 1972 Planning Agreements.

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