The Scottish Government and local government have put in place a non-statutory framework to facilitate a swift planning process across the Enterprise Areas. This is set out in a national planning protocol for handling applications. Decisions will continue to be made in accordance with established planning policy and the legislative framework.
The protocol has been developed and agreed by the 10 local authorities and COSLA and identifies the measures which will be put in place by Scottish Government, local authorities, key agencies and developers to ensure a speedy approach to handling planning consents in EA sites. Details of the protocol are set out below.
Planning Protocol
Partners recognise and welcome the significant economic benefits that can be generated in Scotland’s Enterprise Areas. This protocol is a non-statutory framework committing all partners to work together to facilitate the planning process in designated Enterprise Areas.
In some instances planning permission will already be in place to enable developments within Enterprise Areas to be considered in a timely manner. In others, applications, whether under the Planning Acts or other legislation (Harbour Revision Orders, Listed Building Consent, Marine Licensing) will require a commitment to efficient processing and joint working in order to deliver economic benefit expeditiously. Decisions will continue to be made in accordance with established planning policy and legislative framework.
All partners will undertake to:
- Draft and support a processing (or similar) agreement as a basis for project management of the application processes with an agreed timeline for all stages in the application processes including associated legal and other agreements.
- Include provision for determining planning applications for local developments within two months and major developments within three months.
Councils will undertake to:
- Ensure the alignment of local authority applications process.
- Provide prompt pre-application consultation advice free of charge within two weeks of request. For major developments this will include advice prior to receipt of a pre-application notice.[1]
- Provide a senior officer contact for each Enterprise Area to own the process, as per each authority’s Scheme of Delegated Approval for Planning and a lead officer contact in relation to planning for each application. The senior contact will act as a contact point to support resolution of any post consent issues on implementation.
- Co-ordinate a pre-application process to clarify and check information requirements with the developer to ensure efficient validation of applications.
- Agree reasonable and final dates for agency responses and contact with agency lead officials in the event of a deadline not being met.
- Review processing agreement dates with developer within three weeks of verification.
- Engage in pre-determination dialogue to agree any necessary conditions with developer.
Government and statutory agencies will:
- Provide a senior officer contact for each Enterprise Area to own the process and a lead officer contact for each application.
- Agree and adhere to reasonable and final dates for agency responses and contact local authority lead officials in the event of deadline not being met.
- Support a co-ordinated approach to pre-application consultation and discussion.
Developers/Applicants will:
- Provide supporting data in a timely manner.
- Consider reasonable requests in drafting legal agreements or developer contributions.
Where additional resource requirements arise these will be individually specified and agreed by the appropriate parties.
[1] Planning permission for a major development is subject of a 12 week statutory pre-application consultation period before an application may be submitted.