9 CONCLUSIONS AND RECOMMENDATIONS
Overview
9.1 The Scottish Government recognises the importance of a modern, fit-for-purpose planning system and acknowledges that the current system is under-performing in certain respects. 44 The need for change was set out in a White Paper (Modernising the Planning System) 45 which led to the Planning etc. (Scotland) Act 2006, representing a step forward in addressing the problems identified. The Government Economic Strategy also highlights the need for 'greater certainty and speed of decision making [within the planning and development regime'. 46 This research set out to identify what steps could be taken to improve efficiency, with a particular focus on the potential role that could be played by the use of processing agreements and/or the establishment of an advisory service to support those involved in handling large-scale planning applications.
9.2 There are a number of issues which impact on planning delivery, including the development plan system and issues relating to the delivery and funding of major infrastructure. Our brief did not relate to these issues and considers only those issues which relate to the planning applications system.
Key findings
9.3 Our consultation, both in Scotland and in England, highlighted that:
- The use of processing agreements in England has helped in promoting more robust project management in the handling of large-scale applications. Although it is still too early to judge whether the approach is generally successful, the early indications are that there are benefits to the approach and that the approach could have merits for the Scottish system in certain situations. However, at least initially, the approach should only be used for the largest and most complex applications as there are resource implications.
- The Proposal of Application notice required by the Planning etc. (Scotland) Act 2006 creates a 12 week period prior to the submission of a planning application. This 12 week period offers an important opportunity to make the pre-application period more productive and effective. In this period, a processing agreement - or a project management plan, if that seems more appropriate - could be put in place for all major developments.
- The processing agreement approach may not be appropriate in all circumstances, but there are other approaches that may deliver benefits even in the absence of such a formal agreement. A project management approach would benefit all planning applications, as would more formal - and possibly compulsory - pre-application discussions involving all statutory consultees. Although beyond the scope of this research, the use of fees clearly has a role to play in supporting any new approach to handling applications.
- The ATLAS advisory service has been positively received within the English system and a similar advisory service in Scotland could benefit the system by providing ready access to expertise in the handling of large-scale applications at no cost to the user. The English experience suggests that a service for Scotland might involve an annual cost of c. £500,000, if 3-4 FTE staff were employed - a 2-3 person service would cost commensurately less.
- Engaging effectively with statutory consultees is a major issue for those involved in processing national and major planning applications. The input of these organisations is crucial and, if not received at appropriate points in the process, can significantly delay the ongoing progress of the review of the application. From the statutory consultee's point of view, they are often unable to provide informed comment or opinion due to a lack of adequate information from the applicant or poor quality in the information received. There is clearly a need for better communication of needs from all parties involved in the discussions in order to facilitate informed and timely decision-making.
- Engaging effectively with elected members is also an issue for those involved in processing national and major planning applications. Concerns about potential conflicts of interest and the politics surrounding activities in this area hinder open and effective communication around potential developments. This situation is unlikely to change and is to some extent inevitable. However, there is a role for better communication and guidance within the constraints of this framework.
Recommendations
9.4 On the basis of these findings, we have developed a range of recommendations to support improved efficiency in the handling of national and major planning applications. These are set out below:
Short-term actions (within 6-12 months
- Pilot the use of processing agreements more extensively across Scotland, using the template developed during the course of this research
- Encourage local authorities to adopt a more structured, project management approach in the handling of all national and major planning applications
- Encourage local authorities and statutory consultees to adopt a more formal approach to pre-application discussions (including inception days) involving the full range of statutory consultees
- Encourage local authorities to prepare regular briefings for elected members on national and major planning applications in their area
Medium-term actions (12-18 months)
- Consider the potential role for a new charging structure that would better reflect the timing and scale of inputs from both local authorities and statutory consultees.
- Develop better guidance for all parties on the role of elected members in the planning process.
- Set up an advisory service for those involved in large-scale planning applications, based on the ATLAS model in England.
Implementation
9.5 Some further comments on timing, responsibilities and other considerations relating to these recommendations are provided in Table 9.1.
Table 9.1 Implementing the Recommendations
Recommendation | Timing | Responsibility | Other comments | Potential risks/barriers |
|---|
1 | Pilot the use of processing agreements more extensively across Scotland, using the template developed during the course of this research | Short-term | Local authorities with Scottish Government support | - A more widespread piloting of processing agreements, followed by an evaluation and, if required, fine tuning of the template and approach
| - As the approach will be voluntary, there is a risk that some authorities will not trial the approach
- Ideally, the model template should be trialled in the same format across the country, but this could be difficult to ensure
|
2 | Encourage local authorities to adopt a more structured, project management approach in the handling of all national and major planning applications | Short-term | Local authorities with Scottish Government and Improvement Service support | - Training in project management for planning officers would be beneficial (possibly through the Improvement Service)
- Case studies and sharing of experience in this area would help 'sell' the approach
| - Depends on willingness of local authorities to adopt such an approach
|
3 | Encourage local authorities to adopt a more formal approach to pre-application discussions (including inception days) involving the full range of statutory consultees | Short-term | Local authorities and statutory consultees with Scottish Government support | - Guidance would be helpful in setting out the parameters for this approach
- Case studies and sharing of experience in this area would help 'sell' the approach
- A Scottish ATLAS-type service could provide a facilitation role
| - Depends on willingness of local authorities to adopt such an approach
- Success will depend critically on the commitment of all statutory consultees to such an approach
|
4 | Encourage local authorities to prepare regular briefings for elected members on national and major planning applications in their area | Short-term | Local authorities and Improvement Service with Scottish Government support Standards Commission | - A 'model' example would be helpful to guide local authorities in preparing such documents
- Training for elected members on this issue could also be beneficial
| |
5 | Consider the potential role for a new charging structure that would better reflect the timing and scale of inputs from both local authorities and statutory consultees | Medium-term | Scottish Government in consultation with key stakeholders | - There is clearly a desire for change in this area and this is a good opportunity to consider a new framework that would result in a closer match between charges and demands on resources
| - Charging framework would require careful design so as to ensure that no adverse incentives are created
|
6 | Develop better guidance for all parties on the role of elected members in the planning process | Medium-term | Scottish Government with Improvement Service Standards Commission | - This guidance needs to reflect changes introduced with the new Planning Act and relate specifically to the Scottish system
| |
7 | Set up an advisory service for those involved in large-scale planning applications, based on the ATLAS model in England | Medium-term | Scottish Government | - A new body would require a clear business plan and statement of objectives
- Potential for integration within an existing service e.g. the Improvement Service
| - There may be political resistance to the establishment of a new service, but this highlights the need for a clearly defined role and remit
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