“Modernising the Planning System”

Keppie Planning generally welcome the review of the Planning System, which is considered long overdue. Those operating within the present system both within local government and private practice would acknowledge that the current system has created an environment which frustrates development and enterprise and has led to a series of delays and frustrations which pitch the public and private sectors as competitors rather than as partners in the system.

A number of proposals in the White Paper are to be welcomed such as: -

















The establishment of the National Planning Framework

The increased focus on community involvement and participation at all stages of the
planning process

The streamlining of the Development Plan and Appeals process

Standardisation of the planning application forms

Transfer of responsibility for neighbour notification on planning applications to Planning Authorities

Greater delegated powers to planning officers to determine applications

The non-introduction of third party rights of appeal

A number of issues within the White Paper do, however, require further clarification in order that all those working within the planning system have clear and unambiguous guidance. These include the following: -






















Clear definition of the projects within the proposed Hierarchy for Planning.

Whilst the proposed mandatory examination for Development Plans by the Scottish Executive Inquiry Reporters is welcomed, there needs to be clear guidance as to the circumstances wherein the Planning Authority can depart from the Reporter’s recommendations.

The proposal that there be a statutory requirement for hearings for major developments that are significantly contrary to the Development Plan and have attracted significant objections is currently in place with the Development Plan Departure Hearing procedure. If it is the intention that such hearings should take place for development proposals where there have been significant levels of objections but the proposals are in compliance with the development plan then this would be something new.

Concern about how Scottish Ministers will enforce the statutory duty for strategic Development Plans and Local Development Plans to be replaced within five years of the date of adoption. Currently there is a statutory obligation for planning authorities to process planning applications within a two-month period – this is not adhered to without any recourse from Scottish Ministers.

Regards the proposal to introduce “processing agreements”, we have concerns about how this will be managed/enforced.

There is, however, much encouragement to be taken from the White Paper. Keppie Planning would consider that failure to achieve the aims and objectives of the Bill will only hinder the country’s economic competitiveness, environmental protection and social justice and continue the downward spiral of the role that effective Town and Country Planning can achieve in Scotland, in partnership with stakeholders, developers and local communities.

In conclusion the white paper has much to commend it, subject to the caveats outlined earlier, however as in all statutory procedures much is reliant on the operating efficiency of the system rather than its set aims and objectives.