Land use Planning Under a Scottish Parliament :2

Land use Planning Under a Scottish Parliament (January 1997)

INTRODUCTION

1. Land use planning is among the legislative powers being devolved to the Scottish Executive and will therefore become the responsibility of the Appropriate Minister from July 1999. At a planning conference in Edinburgh in February 1998, the Minister for Planning, CalumMacDonald MP, announced that he wanted to help prepare the ground for the Scottish Parliament by addressing a number of issues relating to the structure, policy and process of the planning system, and that he would consult with interested parties on these issues. Discussions have taken place since then with a number of representative organisations, including the Convention of Scottish Local Authorities, the Scottish Society of Directors of Planning and the Royal Town Planning Institute in Scotland. This consultation paper, foreshadowed in the Minister’s speech to the RTPI Conference on 26November, reflects these discussions and the Minister extends his thanks to those who contributed to them.

2. The paper sets out some of the background to the evolution of the planning system; provides some details of the current arrangements; identifies some of the changes that will be made over the short term to modernise the planning process to improve efficiency and effectiveness; examines some of the factors influencing the future shape of planning in Scotland; discusses some of the options for change; and poses some questions on which particular comments are sought ( the questions are gathered in the attached Annex). Responses need not be limited to the specific questions asked in the paper - comments would be welcome on related matters too. The consultation paper and the responses to it will be available to the Scottish Executive and Parliament in reaching any decisions on any action that might be taken.

3. Responses to the paper should be sent no later than 31March 1999 to:

MrJohn O’Brien
The Scottish Office Development Department
Planning Division
2-H47
Victoria Quay
EDINBURGH
EH66QQ

4. In order to help informed debate on the issues raised by this consultation paper, the Department would, as usual, wish to make copies of the responses available to the public on request. The Department will, therefore, assume that responses may be made available in this way. If, however, respondents indicate that they wish all or part of their reply excluded from this arrangement, confidentiality will of course be respected, although the response may be included in any numerical summary of responses received.

It would be helpful if consultees would submit 2copies of their comments.

EVOLUTION OF PLANNING SYSTEM

1. The modern framework of land use planning in the public interest was introduced by the Town and Country Planning (Scotland) Act 1947. One of the major post-war reforms, this Act provided powers for local authorities to regulate the use and development of land against the background of statutorily approved development plans. The basic system of development plans and development control has operated with remarkably few changes until the present day. It was, however, modified in the Town and Country Planning (Scotland) Act 1969 to separate development plans into two elements, structure plans and local plans; with the development strategy for an area dealt with in the structure plan and the detailed planning policies covered in the local plan. At much the same time, new requirements for public consultation and participation in planning were also put in place, and the various Scottish planning enactments were consolidated in the Town and Country Planning (Scotland) Act 1972. The Planning and Compensation Act 1991 gave planning authorities improved enforcement powers and strengthened the role of development plans in reaching decisions on applications for land use change and development.

2. From 1976 to 1996 there was a two-tier system of local government in much of Scotland, with regional councils responsible for strategic planning including structure plans and district councils responsible for local plans and development control. Local government reorganisation in 1996 abolished regional councils and the planning system was left largely unaltered with the continuity of structure planning secured through the designation of structure plan areas within which future plans require to be prepared, either jointly or, in some areas, by a single authority. Local plan coverage for all areas continues to be a statutory requirement.

3. In 1974 National Policy Guidelines (NPGs) were introduced. They had three objectives: to define land-based resources or potential for development of national significance; to outline safeguarding policies to be incorporated in structure plans or local plans; and, where appropriate, to specify development proposals which, because they might impinge unacceptably on a particular resource or potential, should be notified to the Secretary of State. Following a commitment in the White Paper "This Common Inheritance" (Cm1200), all Scottish Office planning guidance was to be reviewed to ensure that it was relevant, up to date and took full account of environmental considerations. That review started in 1991 and led to the present planning series comprising: National Planning Policy Guidelines (NPPGs) which provide statements of Government policy on nationally important land use and other planning matters, sometimes supported by a locational framework, Circulars which can also provide statements of Government policy and contain guidance on policy implementation through procedural or legislative change, and Planning Advice Notes (PANs) which convey advice on good practice and other relevant information. The NPPGs replaced the National Planning Guidelines (NPGs) and are broader in scope. The first NPPG in the series was published in 1993.

4. Procedures governing structure plans and local plans are set out in the Town and Country Planning (Structure and Local Plans) (Scotland) Regulations1983, while those governing permitted development were substantially amended in 1992, with the classes of permitted development set out in the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, and the procedures for making planning applications laid down in the Town and Country Planning (General Development Procedure) (Scotland) Order 1992. A number of revisions have since been made to the latter.

5. Following a review of the planning system undertaken in 1994-95, a number of changes were introduced in an effort to speed up decision making and simplify planning procedures. For example, new targets apply for processing of planning applications and under a Charter Statement new targets were set for planning appeals and for Secretary of State cases, while the Accounts Commission for Scotland included planning as one of the services for which performance indicators were required to be reported in terms of the duty placed on them in the Local Government Act1992. An extended programme of research has been carried out on a number of topics including a Review of Development Planning, and development control, although these have not yet led to any legislative or any other changes. The Town and Country Planning (Scotland) Act 1997 provided a long-needed consolidation of the main relevant enactments. New Inquiry Procedure Rules came into effect in 1997

6. Thus, successive Secretaries of State have sought to ensure that the planning system evolves to meet changing circumstances. Against a background of increased environmental awareness and a highly competitive economic context, this process is likely to continue. However, it need not disturb the fundamental principles of the system which have stayed constant for over 50 years. Accordingly, the essential elements of openness, fairness and impartiality, underpinned by public involvement and participation, remain crucial ingredients in the search for the most effective and efficient use of land in the public interest. While it remains important to keep plans, policies and procedures up to date and relevant, the system also needs sound management at all levels if it is to secure efficiency and effectiveness and in turn the support of the public at large.

MODERNISING THE PLANNING SYSTEM

7. It is against this background that it is a key priority of this Government to modernise the planning system so that its processes enable planning to contribute positively to the challenges of social and economic change and secure the delivery of sustainable development. As a contribution to this the Government have established the Planning Audit Unit to examine how planning authorities’ management of the development control process can be enhanced with a view to achieving speedier planning decisions. The Government are determined not to sacrifice quality in the quest for speed, and in 1997 introduced the Scottish Awards for Quality in Planning. In addition, a substantial ongoing programme of reform of planning procedures is underway, with particular attention being given to the work of the Scottish Office Inquiry Reporters Unit and to ensuring that the planning service, like other local authority services, responds to the challenge of the Government’s Best Value initiative. Further details of recent work on guidance and procedural changes are set out in the Annex to this paper. Other measures are referred to throughout the paper.

WIDER GOVERNMENT OBJECTIVES

8. The planning system must be fit for purpose, and play its part in contributing to wider Government objectives. Arguably, promoting the principles of sustainable development is a central task and the planning system can help by:

co-ordinating land use and transport
providing for economic development;
assisting policies for social inclusion; and
safeguarding and enhancing the quality of cities, towns and countryside and the natural and historic environment.

9. The Government believe that the planning system can make a more active input to sustainable development objectives. This will require better identification of cross cutting issues and ensuring consistency and coherence in policy and mechanisms for delivering them, for example:

assisting housing and regeneration policies;
supporting the rural development strategy and land reform programme;
supporting environmental policies;
assisting in the development of National Parks;
exploring the relationship between land use planning and Community Planning; and
delivering Best Value in the quality and standard of the planning service and promoting Added Value.

10. There is, however, no reference to sustainable development in planning legislation and it may be that it would be helpful if it was now given recognition in the statutory planning framework.

11. The main way to deliver these sustainable development objectives is through proper integration of policies. That requires a partnership approach with the key public, voluntary and private sector agencies and organisations and local communities themselves. The Government have recently published the report of the joint Scottish Office/COSLA Community Planning Working Group. Community Planning is intended to set out an agreed vision to promote the well-being of an area in which the activities of key agencies can be co-ordinated. Five pathfinder areas for Community Planning have been identified; and it will be important to draw upon the experience of these in determining the contribution of land use planning to the process. Clearly, further consideration needs to be given to the way in which Community Planning and development planning do and can interact.

THE EUROPEAN DIMENSION

12. Directives and regulations from the European Commission have already had a significant impact on planning through, for example, the introduction of environmental assessment procedures and the account that has to be taken in planning decisions of directives such as those on conserving wild birds and natural habitats. Within the context of the UK’s membership of the EU, one role of the Scottish Executive and Parliament will be to scrutinise European legislation and consider how it will be transposed into domestic legislation where appropriate.

13. A recent DETR research report on the impact of the EU on the UK planning system concluded that "the Scottish NPPG series provides the most comprehensive information on EU policies of ‘special importance’ to the planning system". Planning guidance issued by the Scottish Executive should continue to provide a comprehensive information source.

14. The European Spatial Development Perspective (ESDP) aims to provide a shared vision for the future pattern of development in the European Community. It is, however, a perspective and is not prescriptive. It should not be regarded as an overall plan or as an additional tier of statutory planning. It is an intergovernmental initiative, based on contributions from Member States and the Commission. The ESDP provides a framework for co-operation on planning issues and, while these will essentially be taken forward through dialogue and debate, Community funding for transnational planning initiatives is available under the INTERREGIIC and Article10 programmes.

COMPONENTS OF THE PLANNING SYSTEM

15. In considering the fitness for purpose of the planning system we need to look afresh at its key components and how they interact with each other and with the investment and development needs of communities. The key components of the system are:

National Planning Policy Guidelines
Structure Plans
Local Plans
Development Control

16. The interactions between the components can be critical. For example, planning authorities often find it difficult to finalise structure plans if they are uncertain whether policy changes are about to issue in NPPGs. Similarly, local plans run the risk of being held up if structure plans approvals are delayed unduly. Lack of up to date local plans makes it difficult to guide investment effectively and secure consistency in development control decisions.

NATIONAL PLANNING POLICY GUIDELINES (NPPGS)

17. NPPGs provide statements of Government policy on nationally important land use and other matters, supported where appropriate by a locational framework. Issues to be covered were initially the subject of consultation. These now include the main topics of national interest. It is open to local authorities and other interests to offer suggestions at any time for new topics to be addressed. While the NPPGs do not have a statutory basis, local authorities should take them into account in their development plans and in their development control decisions. A review of the NPPG series is currently being undertaken for The Scottish Office by consultants. Among the emerging findings are:-

general support for the NPPG system, with a strong belief that strengths outweigh weaknesses
presentation needs further targeting to reach a wider audience
better integration with other government policy can be achieved
scope for improvements in the way NPPGs are prepared
a perceived gap between intentions of NPPGs and policy/investment decisions by other government agencies
support for more locational guidance provided local flexibility is not reduced.

These findings are currently being considered and will influence the evolution of guidance at the national level.

DEVELOPMENT PLANNING

18. The development plan for an area comprises the structure plan and the local plan. Structure plans set the strategic policy framework and require approval of the Secretary of State. Local plans provide more detail on the planning policies affecting the area covered. The Planning and Compensation Act1991 made explicit the primacy of development plans, requiring planning authorities to determine planning applications in accord with the development plan unless material considerations indicate otherwise.

19. In the last fifty years, Scotland's tradition of development planning has been of great value in securing the development, redevelopment and containment of urban areas, through new towns, green belts, by guiding oil-related investment, and protecting heritage resources. In Glasgow and the Clyde valley, particularly, it has been instrumental since the early 1980s in guiding new development to brownfield land. The opportunities for public participation are of long standing and are rightly regarded as a cornerstone of plan preparation. Up to date development plans have frequently provided the basis for a more efficient and consistent development control service and have been essential in supporting development and redevelopment where compulsory acquisition is involved,.

20. At the same time, development plans are sometimes regarded as too negative, with their role in promoting development opportunities not given sufficient attention; too blinkered, with their focus on land use and development issues regarded by some as being too narrow; too detailed and comprehensive, overburdened with minutiae while often lacking an explicit spatial dimension; too insulated from those responsible for the implementation of the plan; and too slow in preparation and approval. As a result, many development plans are seen as reacting to change instead of guiding it. In some areas, authorities have prepared non-statutory plans and strategies, in addition to structure and local plans, to guide change.

Structure Plans

21. All of Scotland is covered by structure plans. The current structure plans were all prepared before local government reorganisation, though some new councils are making good progress with replacements. A structure plan’s main purpose is to provide a strategic framework for the co-ordination of development with infrastructure provision and the protection of the environment, with detailed proposals subsequently reflected in local plans. Local councils, particularly the cities, cannot deal with all development issues within their own boundary eg land supply for housing and industry, leisure and recreation, etc and the needs/opportunities for change must therefore be considered over a wider area. In some areas local authorities are required to work jointly to produce a structure plan; some have argued that joint working provides an opportunity to take a genuinely strategic view, others see problems under the new arrangements in making difficult strategic choices, for example in relation to the location of major shopping development or waste disposal facilities.

Local Plans

22. Almost all of Scotland is covered by local plans but nearly half of them are more than 5years old. As with structure plans, there is broad agreement that the stages from initiation of plan preparation through to adoption take too long and that monitoring and review of plans is not given sufficient priority.

Review of Development Planning

23. In March 1998, The Scottish Office published a Review of Development Planning in Scotland commissioned from consultants. The report makes recommendations on how the procedures for preparing structure and local plans can be made more efficient and effective. In general the researchers found that while the legislative framework for development plan preparation is broadly sufficient, there is considerable scope for improved management of the process. The main recommendations are:

Timetables for:

- Preparation and update of structure and local plans;

- Secretary of State decision on structure and local plans;

- Publishing PLI reports on local plans and authorities’ responses to them.

Update guidance on:

- Issues to be covered in structure/local plans;

- Efficient consultation

Introduction of documents to show how local plan preparation is being co-ordinated in structure plan areas;
New arrangements for the review and update of local plans.

24. There were other recommendations which, at the time that he published the research report, the Minister said that he was cautious about, such as: that the Reporter’s report on a local plan inquiry should be binding on the planning authority; and that the procedure for authorising development not in accord with the local plan should be abolished. He made clear in a speech in February 1998 that he wishes to see much shorter, sharper and more focused structure plans delivered to a tighter timetable.

DEVELOPMENT CONTROL

25. Most people form their judgement of how their planning authority performs on the basis of how it delivers the development control component of the planning system; this is the first, and often only, point of contact for many people. This is equally true for business and commercial interests too.

26. The emphasis at present is on improving the speed and efficiency of the process while maintaining and enhancing quality in the decision-making process and in the outcomes on the ground. The Planning Audit Unit has been addressing these aspects in its work over the last 18months or so and has highlighted a number of areas, particularly in the management of the process, where improvements could be made. While reports of individual audits have been confidential to the planning authorities concerned, the Planning Audit Unit published its first annual report in August 1998. This summarised the lessons learnt and stressed that they were of relevance to planning authorities across Scotland. Although a number of authorities are responding positively it may take some time until the benefits of best practice are realised. Management of the process is critical, but questions also arise about the complexity of development control procedures.

27. Problems can also arise in respect of propriety in decision making and this is being addressed more generally in the context of the review of the New Ethical Framework for Local Government in Scotland. The Department has undertaken research into development control, which has suggested a number of changes that could contribute towards improved efficiency without serious risk to amenity. These include:

Part1 of Schedule1 of the General Permitted Development Order (GPDO) (which sets out details of the development or classes of development for which planning permission is deemed to be granted) should be rationalised;
within Schedule1, the scope of Parts12 (development by local authorities), 13 (development by statutory undertakers) and 20 (development by telecommunications code system operators) of the GPDO should be reviewed;
information should be available about the effect on development control workloads of either extending or limiting permitted development rights;
the use of Article4 Directions should be reviewed;
simplified planning zones should be abolished;
there should be an "easy read" version of the GPDO available; and
guidance and advice on permitted development generally should be updated.

28. The possibility of such changes being made will require further study in consultation with COSLA, as will the overall scope of what presently constitutes permitted development. Performance targets- applying to planning authorities and the Secretary of State- will be kept under review, and performance statistics will be published more fully. Recent research into enforcement practice highlighted the varied approach among planning authorities to the use of enforcement powers. Draft guidance has been issued for consultation and this will be followed by consultation on possible improvements to the legislative framework during 1999.

29. Similarly, following implementation of a new regulatory and best practice framework for planning inquiry procedures in May 1997 a number of amendments were introduced in October 1998 along with new Inquiry Procedure Rules for Compulsory Purchase Inquiries. SOIRU have also taken a number of administrative steps to speed up the inquiry process. Work is now proceeding on the preparation of a code of practice for appeals dealt with by written submission procedures. SOIRU now publish annual reports on their work and so make public their performance against the revised, more stringent targets that have been set for them.

THE FUTURE OF THE PLANNING SYSTEM

Broad Assumptions

30. Further details of the procedures of the Scottish Parliament and working arrangements between the Scottish Executive and Local Government must await the outcome of the work of the Consultative Steering Group and the Commission on relations between Local Government and the Scottish Executive and Parliament. However, some broad assumptions can be made about the way in which the planning system might evolve under a Scottish Parliament:

there should be no substantial shift in responsibility between the national and local levels; so allowing planning to remain fundamentally a local authority activity;
there should be better co-ordination of the work of the public and private sectors through the partnership approach;
the area of planning in which the Scottish Executive and Scottish Parliament is likely to have greatest interest is the strategic policy level (this is discussed later); and
any changes should be consistent with ensuring a fair, open and participative planning process which offers the highest standards of integrity, probity, quality, service and Best Value for users of the system and local taxpayers.

OVERARCHING ISSUES

31. In considering the options for the future structure and operation of the planning system a number of issues need to be addressed :-

the scope of planning;
the interface between planning at the national and strategic levels and between planning and other activities supported by public sector agencies, and by the voluntary and private sectors;
the process of national/strategic plan preparation and approval.
whether national/strategic planning should be statutory or non-statutory;

Scope of Planning

32. The Government take the view that the focus of statutory development plans and development control is and must remain the use and development of land. However, in the interests of promoting sustainable development, planning must take into account economic, social and environmental priorities, as well as provide an effective and enduring framework for decisions on the location of new developments and priorities for land use change, redevelopment and regeneration. Planning may need to be given more emphasis within the priorities for both national and local government if the co-ordination that is needed to take such factors properly into account is to be effectively undertaken.

33. Co-ordination of this type is being addressed under Community Planning, and in the context of the rural development strategies arising from the Development Strategy for Rural Scotland Framework Document and the recommendations of the Land Reform Policy Group (LRPG). But questions of the scope of planning control also need to be considered. The LRPG has suggested that planning control might be extended to cover agriculture and forestry operations. In a separate initiative, Ministers have announced proposals for establishing new statutory regulatory procedures for marine dredged minerals and for aquaculture.

Interface between National and Strategic Planning

34. The form of any national planning policy guidance which emerges from the Scottish Executive could have significant implications for statutory development plans. Continuing with NPPGs in substantially their current form could see the system of structure and local plans continue more or less as at present. But other forms of national planning framework might raise questions about the continuing need for comprehensive structure plan coverage and might allow the possibility of unitary development plans - for which there is currently no statutory provision in Scotland - in some or all areas. Much depends, therefore, on the nature and content of the national planning framework as to whether significant change in respect of structure planning is necessary.

35. The consensus emerging from the current research is that NPPGs are valuable but improvements could be made in the way they are prepared in terms of greater openness and involvement of interested parties and in relation to their content. Giving NPPGs a stronger locational component is seen by many as highly desirable and the Government are already committed to this. Some views have also been expressed on the scope for a national plan or perspective. Others have argued the case for sub-national guidance, for example for the Central Belt.

36. A national plan would almost certainly be perceived as unduly centralist and excessively rigid. However, guidance produced by the Scottish Parliament and Executive, bringing together the various NPPGs and incorporating spatial issues more explicitly, might be attractive. This could inform future development in Scotland and provide some degree of consistency in the pursuit of sustainable development. It could be a vehicle for high level co-ordination of the objectives of the major agencies as they relate to development and land use. It could also prove attractive for those areas where progress with structure plans has been slow.

37. The Government believe there is a case for re-visiting the role of, and indeed the need for, a complete national mosaic of structure plans. The greater the detail and locational specificity of NPPGs, either in their present form or assembled in one national document, the less the need might be for structure plans in their present form in all areas; and the more unitary development plans (ie plans consisting of a mix of structure and local plan elements) might be effective at the individual local authority level. Less radical possibilities for change might involve the issue of regional guidance (or sub-national guidance as suggested above); a further reduction of the number of structure plans eg by combinations of areas which they cover at present; and/or a continuation of structure plans more or less as at present, but perhaps with a limitation of the issues which such plans should address."

Process of National/Strategic Plan Preparation and Approval

38. Notwithstanding the well established practice of issuing drafts for consultation, the process of NPPG preparation has been criticised for being unduly secretive. Whatever procedures are introduced for producing national/strategic guidance should be open and transparent. Guidance should not be seen simply as the outcome of a top down process; opportunities for involving individuals, communities, agencies and the development industry will need to be identified while ensuring that the process is not unduly burdensome and time consuming. There is a clear expectation that all national strategic policy guidance will be subject to scrutiny by the Scottish Parliament.

Statutory status for National Planning Policy Guidelines?

39. National Planning Policy Guidelines are important material considerations in preparing development plans and in development control. However, there is no reference to them in legislation. Reference to the role of national guidance in statute could reinforce its role by requiring it to be taken into account in the plan preparation and decision making process or, more radically, requiring public consultation and formal approval by the Scottish Parliament. No evidence exists to indicate that authorities are failing to have regard to planning guidelines and if the suggestion of a national perspective is favoured key players (national agencies, private and voluntary sectors) might see advantages in a more flexible, non-statutory approach.

40. All levels of the planning system in Scotland should aim to pull in the same direction - to provide a more certain and consistent framework to guide developers and decision takers - with appropriate provision for subsidiarity to ensure that decisions are taken at the right level. National guidance and advice should set the framework to encourage authorities to promote an open and accessible planning service which avoids unnecessary restriction and allows scope for decentralisation of decisions in line with local needs. National and strategic planning guidance should continue to leave most issues to be determined at a local level through local plans and development control.

QUESTIONS FOR CONSULTEES

41. This discussion of the key components of the planning system suggests that a number of possible arrangements could be put in place, ranging from the status quo to radical change. Consultees’ views are requested generally, but it would be helpful if consideration could be given to the following further questions.

Q1 Is the planning system, as it currently operates, fit for the purpose? Is the status quo a viable option? Is there a need for overhaul of its main components to improve effectiveness and value for money?

Q2 Should planning legislation make explicit reference to sustainable development?

Q3 Is the current scope of the planning system in Scotland, with its focus on the use and development of land, broadly adequate?

Q4 Should NPPGs continue to be prepared on a topic basis?

Q5 Should they be grouped or, perhaps, be consolidated into a single document?

Q6 Should they be given a stronger locational component?

Q7 How could plans and programmes of other Government agencies be better reflected in planning guidance?

Q8 Should NPPGs be referred to in legislation?

Q9 In the context of Best Value, is there a continuing need for structure plans and, if so, should the current areas and arrangements be changed, for example, to improve co-ordination of transport and planning policies once the present round of plans has been completed?

Q10 As an alternative, should sub-national planning guidance be prepared; and if so, what form should it take; and should it be prepared centrally in partnership with local authorities and others, or locally for endorsement by the Scottish Executive?

Q11 Beyond the changes to development planning procedures outlined at paragraph22, are more radical changes required in the arrangements for development planning in Scotland?

Q12 Should the work of the Planning Audit Unit be extended to cover the management of development planning?

Q13 Is there a case for planning powers to be either reduced by extending permitted development rights, or extended to cover additional aspects, eg agriculture, forestry, land management and the marine environment more generally beyond low water mark? And if so, what would be the costs and benefits of doing so?

CONCLUSION

42. In his recent StAndrews Day speech the Secretary of State said, "I want a Scotland which will fight social exclusion. I want an Executive which promotes prosperity and uses that wealth to fight poverty." As already discussed, the planning system can contribute to the achievement of those aspirations, but to do so effectively it must be structured appropriately. The outcome of this consultation exercise should serve the Scottish Executive well in making decisions about the future of planning under a Scottish Parliament.