Planning Act Implementation: Transforming Planning in Practice - - PowerPoint PPT Presentation

Planning Act Implementation:

Transforming Planning in Practice

Planning Act Implementation

• Review of Planning: priorities
• Overview of the new Act
• Transforming Planning in Practice: work programme
• Listening to stakeholders
• Ongoing considerations
• Keeping in touch

Review of Planning

Six priority outcomes

• Strong and flexible development plans
• The delivery of more high quality homes
• Infrastructure first approach
• Efficient / transparent development management
• Stronger leadership, smarter resourcing and sharing
• f skills
• Collaboration rather than conflict – inclusion and

empowerment “From the outset, it was clear to us that the main structure of our planning system is not broken. However, it was also clear that for the potential of planning to be realised, a strong commitment to change existing practices and culture, and to re-focus the profession’s improvement agenda will be required.”

Independent Review Panel: Crawford Beveridge, Petra Biberbach and John Hamilton

Planning (Scotland) Act 2019

Some headlines

• Purpose of Planning
• Chief Planning Officers
• Enhanced role for NPF
• Replaces SDPs with Regional Spatial Strategies
• Stronger process for LDPs
• Local Place Plans
• Enhancing engagement
• Masterplan Consent Areas
• Development Management: various
• Stronger Enforcement
• Fees; Performance; Member Training
• Infrastructure Levy

Transforming Planning in Practice: tasks

Regulations

• Development Planning
• Development Management
• Local Place Plans
• Open Space Strategies
• Masterplan Consent Areas
• Short-Term Lets Control Areas
• Schemes of Delegation / Local Reviews
• Elected Member Training
• Performance
• Fees
• Infrastructure Levy

Statutory Guidance / Statements

• Regional Spatial Strategies
• Community Engagement
• Mediation
• Schemes of Delegation
• Repeat Applications
• Ministerial Call-in
• Chief Planning Officers

National Planning Framework 4 Permitted Development Review Digital Strategy

Transforming Planning in Practice: work programme

General Approach

• Minimise resource impacts for all
• Phased scheduling & collaboration
• Mostly complete end-2021

Early actions / priorities

• NPF4
• Planning fees & performance
• Short-term lets
• Community engagement package
• Permitted development rights
• Commencements

Work packages

• Community engagement: underway; complete Q1 2021
• Fees: consultation in progress; complete Q2 2020
• Performance: consultation in progress; complete Q4 2020
• Development planning: underway; complete Q4 2021
• Short-term lets: underway; complete Q4 2020
• Chief planning officer: underway; complete Q4 2020
• Development management: (mostly) starting Q2 2020; (mostly) complete Q1 2021
• Enforcement: (mostly) starting Q2 2020; complete Q1 2021
• Masterplan consent areas: starting Q3 2020; complete Q4 2021
• Member training: starting Q1 2021; complete Q1 2022
• Permitted development: starting Q1 2020….climate change; hill tracks; rural; digital

Transforming Planning in Practice: work programme

Early commencements

8th November 2019 (World Town Planning Day!)

• Purpose of Planning
• National Planning Framework
• Regulation-making powers (development plans / local place plans)

1st December 2019

• Enable appointment of National Planning Improvement Coordinator
• Forestry and Woodland Strategy
• Statement on call-in circumstances
• Regulation-making powers (various, including fees & pre-application consultation)

20th December 2019

• Noise-sensitive developments (“Agent of Change”) (applications from this date)
• Enforcement fines (notices served from this date)

1st March 2020

• Full council decision
• Notice of major developments to elected members (applications from this date)
• Decision notices – statement on DP conformity

Transforming Planning in Practice: work programme

Planning (Scotland) Act 2019

Key provisions in the Act

Planning (Scotland) Act 2019

Purpose of Planning

“The purpose of planning is to manage the development and use

• f land in the long term public interest.”

Without limiting the generality……anything which - (a) contributes to sustainable development, or (b) achieves the national outcomes is to be considered as being in long term public interest Applies to the exercise of functions under Parts 1A and 2 (NPF and Development Plans)

Status: now in force

Planning (Scotland) Act 2019

Chief Planning Officer

“Each planning authority must have a chief planning officer” “The role…is to advise the authority about … functions [under] the planning Acts, and any function … insofar as [it] relates to development”

• Scottish Ministers must issue guidance on the role
• Making appointment, planning authority must be satisfied with:
• appropriate qualifications
• experience
• Must have regard to any guidance by Scottish Ministers
• n ‘appropriate qualifications’ and ‘experience’

“This can re-establish the role of planners as leaders in the improvement, protection and development of good quality places for people – a theme which is central to our review of planning.”

Kevin Stewart MSP, Minister for Local Government, Housing and Planning

Status: scheduled Q4 2020

Planning (Scotland) Act 2019

National Planning Framework

• Combined with Scottish Planning Policy
• Statutory development plan
• High-level outcomes
• Taking account of: strategies/issues/policies
• Seeking information from planning authorities
• Collaboration: participation statement
• Approval by the Scottish Parliament
• 10-year review cycle

Status:

• provisions now in force
• NPF4 engagement underway
• draft NPF4 – Sept 2020
• approval /adoption 2021

Planning (Scotland) Act 2019

Regional Spatial Strategies

“A planning authority, or two or more…acting jointly, are to prepare and adopt a regional spatial strategy.”

• Removal of Strategic Development Plans
• Need for strategic development; outcomes;

priorities; locations

• Consultation before adoption
• 10-year review cycle
• Scottish Ministers may issue guidance
• Having regard to RSSs: NPF & LDPs

Status:

• scheduled Q4 2021
• indicative strategies to inform NPF4

Planning (Scotland) Act 2019

Local Development Plans

• Evidence Report / Gatecheck
• Removes Main Issues Report
• Consultation and participation; community engagement guidance
• Take account of: NPF; local place plans; list of policies/issues
• Examination: additional reporter options:
• Recommend amendment post-adoption
• Return for preparation of new plan (insufficient housing land)
• Full council approval: evidence report; final plan; delivery programme
• 10-year review cycle
• Transitional arrangements

Status: scheduled Q4 2021

Planning (Scotland) Act 2019

Local Place Plans

“A community body may prepare a local place plan” “A local place plan is a proposal as to the development or use of land”

• Have regard to the development plan (NPF & LDP)
• Give reasons why LDP should be amended
• Comply with any prescribed procedural requirements
• Planning authority to invite preparation (pre-LDP) and provide info on assistance
• Planning authority to maintain register of valid LPPs
• Regulations may set when LPP may cease to have effect
• 7-year review: “as soon as practicable”
• ‘How to’ guidance and toolkit

Status: scheduled Q1 2021

Planning (Scotland) Act 2019

Masterplan Consent Areas

“A masterplan consent area scheme acts as a grant of authorisation for carrying

• ut…development that is either specified in the scheme or of a description

specified in the scheme…”

• ‘Authorisation’ means planning permission and, if provided for, also:
• Road construction consent
• Listed building consent
• Conservation area consent
• [Advertisement consent]
• Areas excluded: nat’l & intern’l protected sites (NSAs; SPAs; SACs; SSSIs; WHSs)
• Not excluded: green belts; conservation areas
• Duty to consider making schemes at least once every 5 years
• Process involving: consultation; publicity; possible hearings
• Regulations may further define form, content and procedure
• Scottish Ministers notification and call-in powers

Status: scheduled Q4 2021

Planning (Scotland) Act 2019

Development Management

• Removing block on decision until advertisement cost paid
• Removing mandatory full council decisions
• Pre-application consultation:
• Time-limited to 18 months
• Regulations to set content of PAC report & clarify when PAC not required
• [Second mandatory public event for feedback to community]
• Declining to determine similar application
• Increase from 2 to 5 years
• Guidance: ‘similar application’ and ‘significant change’
• Considering noise impacts: the Agent of Change principle
• Changing places toilets
• Regulations: assessing health effects of national and major developments
• Decision notices: statement on development plan conformity

Status: scheduled Q4 2019 – Q1 2021

Planning (Scotland) Act 2019

Short-Term Let Control Areas [meaning of “development”]

“A planning authority may designate all or part of its area as a short-term let control area…[in which]…the use of a dwellinghouse for the purpose of providing short-term lets is deemed to involve a material change of use…”

• Excludes:
• Private residential tenancies
• Only / principal homes
• Regulations may:
• Further define scope – what constitutes a short-term let
• Set procedure and form for designation of control area
• Require approval of Scottish Ministers for designation
• [Civic Government (Scotland) Act 1982: licensing scheme – due spring 2021]
• [Review of tax arrangements for short-term lets]

Status: scheduled Q4 2020

Planning (Scotland) Act 2019

Schemes of Delegation, Local Reviews and appeals

• Widening scope of delegation / route to local review:
• Advertisement consent
• Certificates of lawful use or development
• Permitted development: prior approval
• Schemes of delegation
• Guidance: to be issued by Scottish Ministers
• Regulations: potential for Ministers to require modification pre-adoption
• Purpose: greater subsidiarity of decision-making on small-scale cases
• Double deemed refusal: new scope to make later decision on local review

Status: scheduled Q3 2021

Planning (Scotland) Act 2019

Duration of planning permission

“The current arrangements leave too many variables in a complex system”

Planning (Scotland) Bill; Policy Memorandum

• Emphasis on clarity for all as to when development to commence and be

delivered, or for the permission to lapse

• Conditions to set the duration - default: 3 years (PP); 5 years (PPiP)
• Applies to planning permission for limited period
• Section 42 application can relate solely to duration condition
• Flexibility to set appropriate duration at outset
• Will be supported with guidance
• Completion notices – procedural changes:
• Unopposed notices: not to Scottish Ministers
• Removal of right to be heard – reporters manage process
• Maintaining focus on deliverability of development

Status: scheduled Q1 2021

Planning (Scotland) Act 2019

Planning Obligations

• Modification and discharge of obligation:
• By written agreement, without need to apply
• On application/appeal: includes flexibility to make a different modification

than applied for

• Requirement to publish agreements
• Annual report: details about ‘live’ obligations

Status: scheduled Q1 2021

Planning (Scotland) Act 2019

Mediation

“The Scottish Ministers must issue guidance [in relation to the promotion and use

• f mediation] within … two years”

“ ‘Mediation’ includes any means of exploring, resolving or reducing disagreement between persons involving an impartial person”

• May include guidance relating to:
• Preparation of LDPs and Evidence Reports
• Pre-application consultation with local community
• Assisting determination of planning applications
• Any other matter considered appropriate

Status: scheduled Q1 2021

Planning (Scotland) Act 2019

Fees for planning applications etc.

“The Scottish Ministers may by regulations make provision for the payment of a charge or fee to a planning authority…” / “…to the Scottish Ministers…”

• All detail to come in regulations
• Scope for:
• discretionary charging (e.g. pre-application discussions)
• waiving or reducing fees
• surcharge for retrospective applications
• charging for appeals
• Higher fee for enhanced project management

Status:

• consultation closes 14 February 2020
• scheduled Q2 2020

Planning (Scotland) Act 2019

Performance

“The performance of the planning system is vital. We are reforming planning so that it better serves us all. Everyone deserves to receive a good service…even people who do not engage in the service but who benefit from what planning does for our communities” Kevin Stewart MSP, Minister for Local Government, Housing and Planning

• Annual report assessing performance of planning authority functions:
• Quantitative and qualitative
• Outcomes
• National Planning Improvement Coordinator
• Monitor the performance of planning authorities
• Provide advice to planning authorities and to such other persons as the

coordinator considers appropriate…to improve the performance of their functions

Status:

• consultation closes 14 February 2020
• scheduled Q2 2020; Q4 2020

Planning (Scotland) Act 2019

Elected Member Training

“A member of a planning authority who has not fulfilled the specified training requirements is prohibited from exercising any of the authority’s specified functions…or being involved…as a member of a committee…”

• Detail to come in regulations
• Scope of regulations:
• Limited to statutory planning functions
• May require completion of training course
• May require training content and provider be accredited

Status: scheduled Q1 2022 – for new Councillors

Planning (Scotland) Act 2019

Infrastructure Levy / Land Value Uplift Capture

“The Scottish Ministers may by regulations establish…an infrastructure levy… (a) payable to a local authority (b) In respect of development…within the authority’s area (c) The income…to fund, or contribute to funding, infrastructure projects”

• Detail to come in regulations
• Meaning of “infrastructure” includes:
• communications, transport, drainage, sewerage, flood defence
• supply of water and energy
• green and blue infrastructure
• educational and medical facilities
• Facilities/places for recreation
• Sunset clause: 7 years from Royal Assent

Status:

• Take stock of existing mechanisms / explore new approaches
• Prepare land assembly package for next administration

Transforming Planning in Practice: Engagement

Working groups

• Community engagement
• Development planning
• Development management
• Leadership, skills and resourcing

Targeted engagement Consultation drafts / analysis Lay regulations / publish guidance / commence

Transforming Planning in Practice: Engagement

Working groups

Community engagement

• Local place plans
• Effective community engagement
• Mediation guidance
• Pre-application consultation

Development management

• Pre-application consultation
• Duration of planning permission
• Decline to determine similar

application

• Schemes of delegation, appeals

and local reviews

Development planning

• Purpose of planning
• NPF/SPP
• Local development plans
• Regional spatial strategies

Leadership, skills and resourcing

• Chief planning officer
• Planning fees
• Performance reporting
• National planning improvement

coordinator

• Elected member training

Ongoing considerations

In working up the detail, keep thinking about…

• Objectives of reform programme
• The 6 priority outcomes
• More focus on delivery, not just on process
• A more open, collaborative system
• A focus on improvement
• Skills and resources
• What practical impacts may there be from any suggested changes?
• How might people (all sectors) need to adapt or re-train?
• Digital opportunities
• Potential digital needs and solutions which could support new processes
• SG Digital Planning team supporting thinking/ideas
• Feeding in to digital strategy for planning

Keeping in touch – staying involved

• Web:

transformingplanning.scot

• Blogs:

blogs.gov.scot/planning-architecture/

• Updates:

register.scotland.gov.uk/Subscribe/Step1

• @ScotGovPlanning
• *: planning.reform@gov.scot

THANK YOU