|
|
|
|
The key findings are based upon the first four statistical returns since local government reorganisation.
On average, 1152 applications are advertised as potential departures per year which represents 2.8% of planning applications decided in Scotland.
47% of applications advertised as potential departures are subsequently approved which represents 1.4% of planning applications decided in Scotland.
Local authorities vary considerably in terms of the proportion of their caseload approved as a departure from the Development Plan.
A small number of councils appear to have approved more departures than they have advertised. A number of other authorities have advertised only marginally more than they have approved.
40% of all applications advertised as potential departures are for minor housing development. The majority are in rural areas.
In the four major cities 50% of all departure adverts relate to other development types which includes retail, commercial and leisure developments
Since 1991 the development plan has been the primary consideration in the determination of applications for planning permission. Scope still exists for proposals to go ahead that do not conform to the local plan, although these must be justified.
There is now greater scrutiny over situations where Councils decide to grant consent contrary to the provisions of the development plan. The Town and Country Planning (Development Contrary to Development Plans) (Scotland) Direction 1996 states that:
(a) authorities should advertise all applications for planning permission where they are minded to grant consent contrary to the provisions of the development plan
(b) authorities should consider any representation made in relation to the advertisement
Planning authorities should also be expected to give written reasons for approving development plan proposals judged to be contrary to development plan policies. Failure to do so may be interpreted as maladministration. Planning Advice Note 41 (revised 1997) sets out best practice in dealing with development plan departures.
There will be situations where the need to depart from the plan is justified, for example, where the plan is out of date or overtaken by rapidly changing circumstances, revisions in national planning policy, unforeseen development trends, the effect of wider economic restructuring or where other material considerations indicate otherwise. Strict or more liberal interpretation of development plan policies will also influence the number of departures. However, if development plans are effective in influencing the nature and location of new development and the development control system seen to be consistent and fair, then the number of departures should be kept to a minimum.
During 1996/97 1069 development proposals were advertised as departures from the development plan. In 1997/98 the figure was 1238. Between 1996 and 1998 local authorities advertised 2.8% (28 out of every 1000) of the total development control caseload in Scotland as being contrary to the provisions of the Development Plan.
The development control statistical returns also indicate that over a two year period only 1.4% (14 out of every 1000) of all applications determined by Scottish local authorities are approved contrary to the provisions of the development plan. Whilst the proportion of applications approved as a departure increased only slightly the number rose by 13% between 1996/97 and 1997/8.
Local authorities do, however, vary considerably in terms of the proportion of their caseload approved as a departure from the Development Plan. South Ayrshire, East Ayrshire, West Dumbartonshire, Orkney and Edinburgh Councils have the highest proportion of these. Clackmannanshire, East Dumbartonshire and Western Isles Councils did not record and development plan departures. Stirling, Aberdeen and Moray Councils recorded a very low proportion of departures.
The statistics also suggest that some authorities are not conforming to the Town and Country Planning (Development Contrary to Development Plans) (Scotland) Direction 1996 which requires all departures to be advertised before they can be approved. Aberdeenshire, Stirling and East Lothian Councils have all recorded approving more departures in a year than they have advertised. A number of other authorities recorded advertising only marginally more departures than they have approved which is unlikely to mean that they are adopting the advice contained within PAN 41, which in order to limit delays, advises local authorities to advertise potential departures on receipt.
Whilst it is not possible to break down approved departures by development type the statistical returns do demonstrate the types of development proposals subject to a departure advertisement. This is useful in demonstrating which types of development proposals commonly challenge the policies contained in the development plan. 40% of all departure adverts relate to minor housing development. These are generally in rural areas and most likely relate to individual houses in the countryside. In the four major cities 50% of all departure adverts relate to development proposals within the 'other' category. This includes retail, commercial and leisure development.
South Ayrshire Council have an unusually high number of proposals for business or industrial development that are departures from the Development Plan
|
|
|