Planning Act Implementation: Transforming Planning in Practice
Planning Act Implementation o Review of Planning: priorities o Overview of the new Act o Transforming Planning in Practice: work programme o Listening to stakeholders o Ongoing considerations o Keeping in touch
Review of Planning “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 Six priority outcomes o Strong and flexible development plans o The delivery of more high quality homes o Infrastructure first approach o Efficient / transparent development management o Stronger leadership, smarter resourcing and sharing of skills o Collaboration rather than conflict – inclusion and empowerment
Planning (Scotland) Act 2019 Some headlines o Purpose of Planning o Chief Planning Officers o Enhanced role for NPF o Replaces SDPs with Regional Spatial Strategies o Stronger process for LDPs o Local Place Plans o Enhancing engagement o Masterplan Consent Areas o Development Management: various o Stronger Enforcement o Fees; Performance; Member Training o Infrastructure Levy
Transforming Planning in Practice: tasks Regulations Statutory Guidance / Statements o Development Planning o Regional Spatial Strategies o Development Management o Community Engagement o Local Place Plans o Mediation o Open Space Strategies o Schemes of Delegation o Masterplan Consent Areas o Repeat Applications o Short-Term Lets Control Areas o Ministerial Call-in o Schemes of Delegation / Local Reviews o Chief Planning Officers o Elected Member Training o Performance o Fees o Infrastructure Levy National Planning Framework 4 Permitted Development Review Digital Strategy
Transforming Planning in Practice: work programme General Approach o Minimise resource impacts for all o Phased scheduling & collaboration o Mostly complete end-2021 Early actions / priorities o NPF4 o Planning fees & performance o Short-term lets o Community engagement package o Permitted development rights o Commencements
Transforming Planning in Practice: work programme Work packages o Community engagement : underway; complete Q1 2021 o Fees : consultation in progress; complete Q2 2020 o Performance : consultation in progress; complete Q4 2020 o Development planning : underway; complete Q4 2021 o Short-term lets : underway; complete Q4 2020 o Chief planning officer: underway; complete Q4 2020 o Development management: (mostly) starting Q2 2020; (mostly) complete Q1 2021 o Enforcement : (mostly) starting Q2 2020; complete Q1 2021 o Masterplan consent areas : starting Q3 2020; complete Q4 2021 o Member training : starting Q1 2021; complete Q1 2022 o Permitted development : starting Q1 2020….climate change; hill tracks; rural; digital
Transforming Planning in Practice: work programme Early commencements 8 th November 2019 (World Town Planning Day!) o Purpose of Planning o National Planning Framework o Regulation-making powers (development plans / local place plans) 1 st December 2019 o Enable appointment of National Planning Improvement Coordinator o Forestry and Woodland Strategy o Statement on call-in circumstances o Regulation-making powers (various, including fees & pre-application consultation) 20 th December 2019 o Noise- sensitive developments (“Agent of Change”) (applications from this date) o Enforcement fines (notices served from this date) 1 st March 2020 o Full council decision o Notice of major developments to elected members (applications from this date) o Decision notices – statement on DP conformity
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 of 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” o Scottish Ministers must issue guidance on the role o Making appointment, planning authority must be satisfied with: • appropriate qualifications • experience o Must have regard to any guidance by Scottish Ministers on ‘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 o Combined with Scottish Planning Policy o Statutory development plan o High-level outcomes o Taking account of: strategies/issues/policies o Seeking information from planning authorities o Collaboration: participation statement o Approval by the Scottish Parliament o 10-year review cycle Status: o provisions now in force o NPF4 engagement underway o draft NPF4 – Sept 2020 o 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.” o Removal of Strategic Development Plans o Need for strategic development; outcomes; priorities; locations o Consultation before adoption o 10-year review cycle o Scottish Ministers may issue guidance o Having regard to RSSs: NPF & LDPs Status: o scheduled Q4 2021 o indicative strategies to inform NPF4
Planning (Scotland) Act 2019 Local Development Plans o Evidence Report / Gatecheck o Removes Main Issues Report o Consultation and participation; community engagement guidance o Take account of: NPF; local place plans; list of policies/issues o Examination: additional reporter options: • Recommend amendment post-adoption • Return for preparation of new plan (insufficient housing land) o Full council approval : evidence report; final plan; delivery programme o 10-year review cycle o 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” o Have regard to the development plan (NPF & LDP) o Give reasons why LDP should be amended o Comply with any prescribed procedural requirements o Planning authority to invite preparation (pre-LDP) and provide info on assistance o Planning authority to maintain register of valid LPPs o Regulations may set when LPP may cease to have effect o 7-year review : “as soon as practicable” o ‘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 out…development that is either specified in the scheme or of a description specified in the scheme…” o ‘Authorisation’ means planning permission and, if provided for, also: • Road construction consent • Listed building consent • Conservation area consent • [Advertisement consent] o Areas excluded : nat’l & intern’l protected sites (NSAs; SPAs; SACs; SSSIs; WHSs) o Not excluded : green belts; conservation areas o Duty to consider making schemes at least once every 5 years o Process involving: consultation; publicity; possible hearings o Regulations may further define form, content and procedure o Scottish Ministers notification and call-in powers Status: scheduled Q4 2021
Planning (Scotland) Act 2019 Development Management o Removing block on decision until advertisement cost paid o Removing mandatory full council decisions o 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] o Declining to determine similar application • Increase from 2 to 5 years • Guidance: ‘similar application’ and ‘significant change’ o Considering noise impacts: the Agent of Change principle o Changing places toilets o Regulations: assessing health effects of national and major developments o Decision notices: statement on development plan conformity Status: scheduled Q4 2019 – Q1 2021
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