Community Engagement
The main changes to the new Development Management system as they relate to community engagement are listed below:
- Pre-application consultation with communities - developers need to consult communities on proposals for national and major developments. These requirements are in force for applications submitted to the council on or after 3 August 2009. More information is available later.
- Design and access statements - statements accompanying applications for national and major developments setting out the design rationale and how access for disabled people has been considered. Applications for certain local developments in designated areas are to contain a design statement. General exceptions to requirements include applications for planning permission in principle.
- New information requirements - More information on, and availability of, lists of applications plus revised planning registers. Planning authorities to set out how they have come to their decision in a Report of Handling and those making representations being advised of the decision.
- Enhanced scrutiny - a requirement that applicants and those who made representations on national developments plus major developments significantly contrary to the development plan must have the opportunity of being heard at a pre-determination hearing with the decision made by full council.
- The use of on site notices to inform the community more effectively about major works taking place following planning permission
Pre-application consultation
This new law puts in place a requirement for developers to consult communities on applications for national and major developments. National developments are set out in the National Planning Framework with major developments defined in legislation. The aim of pre-application consultation (PAC) is for communities to be better informed about major and national development proposals and to have an opportunity to contribute their views before a formal planning application is submitted to the planning authority. It's aims are to improve the quality of planning applications, mitigate negative impacts where possible, address misunderstandings, and air and deal with any community issues that can be tackled. The proposals, if adjusted in response, should benefit from that engagement and assist the efficient consideration of applications once submitted.
Where PAC is required, the prospective applicant must provide to the planning authority a 'proposal of application notice' at least 12 weeks before submitting an application for planning permission. A copy of this notice must be sent to relevant community councils. That notice must include certain basic information about the proposal and also what the applicant intends to do to consult with the community. It must contain:
i) a description in general terms of the development to be carried out;
ii) if the site at which the development is to be carried out has a postal address, that address;
iii) a plan showing the outline of the site at which the development is to be carried out and sufficient to identify the site;
iv) detail as to how the prospective applicant may be contacted and corresponded with; and
v) an account of what consultation the prospective applicant proposes to undertake (including steps in addition to the statutory minimum), when such consultation is to take place, with whom and what form it will take.
The council has 21 days to respond if it wants to require the prospective applicant to carry out additional notification and consultation beyond the minimum. The minimum set down is to consult relevant community councils and hold at least one public event which is advertised in the local press. The advert will give people information about the consultation and must give at least 7 days notice of the event. The advert must also allow for written comments to be made to the prospective applicant
When the developer applies for planning permission, then they must include a Pre-Application Consultation Report as to what has been done during the pre-application phase to comply with (i) the statutory requirements for pre-application consultation and (ii) any requirements set out in the planning authority's response to the proposal of application notice.
The purpose of the Report is to confirm that the consultation has taken place in line with statutory minimum and any further requirements set by the authority.
The prospective applicant is under no obligation to directly reflect community views in any subsequent application. It is important for communities to follow their interest in a proposal through to the planning application stage, which provides the statutory opportunity for community councils to make representations on proposals before the planning authority.
- Design and access statements - statements accompanying applications for national and major developments setting out the design rationale and how access for disabled people has been considered. Applications for certain local developments in designated areas are to contain a design statement.
- New information requirements - More information on, and availability of, lists of applications plus revised planning registers. Planning authorities to set out how they have come to their decision in a report of handling and those making representations being advised of the decision.
- Enhanced scrutiny - a requirement that applications for national developments plus major developments significantly contrary to the development plan must have the opportunity of a pre-determination hearing with the decision made by full council.
- The use of on site notices to inform the community more effectively about major works taking place following planning permission.
Other resources
- The principles and aspirations in Planning Advice Note 81 remain current . We plan to issue a technical update online this year to acknowledge the introduction of the new regulatory provisions.
- We sponsor Planning Aid Scotland, who are an independent charitable organisation who help communities to engage meaningfully with the planning system.
Planning Advice Note (PAN) 81: Community Engagement - Planning with People contains advice about:
- the importance of community engagement
- the roles and responsibilities of Scottish Ministers, planning authorities, councillors applicants and their agents, community councils, voluntary, interest and amenity groups; and key agencies and statutory consultees
- delivery of effective engagement in line with the National Standards of Community Engagement and the Royal Town Planning Institute's (RTPI) Guidelines on Effective Community Involvement
- training for communities, planning authorities and elected members,
- other sources of information and advice
- good practice