Scotland’s planning system is undergoing the most significant modernisation in over 60 years. The Planning etc. (Scotland) Act 2006 is a landmark piece of legislation bringing substantial changes and work is well underway to implement the provisions. With the new system coming into force this August, it is essential that companies intending to submit planning applications after this time start thinking about how the changes may affect the forthcoming consultation process. Weber Shandwick recognises the importance of forward planning in the development process, having gained a wealth of experience through our work on recent high-profile developments such as, Ravenscraig, Fountainbridge and the St James Centre.
This knowledgeshop outlines the key aims of the planning changes, the next stage of the implementation timetable, as well as an indepth look at the most recently implemented section, pre-application community consultation.
Aims
The Scottish Government aims to deliver a modern planning system that is:
• Efficient: up to date development plans to be at the heart of an efficient system that provides certainty for users and local people
• Inclusive: local people to be more involved in the decisions that shape the development of their communities
• Fit for purpose: with a clear sense of priorities, and to address different issues in different ways
• Sustainable: development to contribute to economic growth that is sustainable. Planning will deliver sustainable development ensuring development is in the right place, and of, the right quality
Next Steps
Work is already underway to implement the provisions of the Act and the implementation timetable will be kept under review to reflect Parliamentary and commencement dates when these are confirmed.
Of most interest currently are the new provisions on the hierarchy of developments, the preparation of schemes of delegation under new section 43A of the Planning Act and the carrying out of pre-application consultation with communities. These provisions came into force on 6 April.
This early commencement is to allow parties to prepare for the main changes which come into force on 3 August and has no effect on applications submitted before 3 August.
Between 6 April and 3 August:
- planning authorities can prepare their schemes of delegation;
- prospective applicants who intend to apply for planning permission for major or national development under the new system on or after 3 August can carry out the necessary pre-application consultation;
- prospective applicants can also identify development requiring design and access statements where an application is to be made on or after 3 August.
On the 3 August, the new planning procedures on applications for planning permissions and appeals comes into force, including:
• the hierarchy of developments
• new planning application requirements (including pre-application community consultation),
• section 43A schemes of delegation
• local review bodies
• new appeals procedures and
• new enforcement provisions
Pre-Application Community Consultation
The revised legislation splits development proposals into 3 categories: national, major and local. Applicants for all national and major developments must undertake public consultation prior to the submission of a planning application. This is to ensure that communities are made aware of, and have an opportunity to comment on, such proposals before an application is made.
If pre-application consultation is required applicants must submit a Proposal of Application Notice at least 12 weeks prior to the submission of the planning application. The prospective applicant is required to indicate in the Notice what consultation will be undertaken.
The statutory minimum requirements are:
• The applicant must consult every community council whose area is within or adjoins the application site.
• The consultation must include at least one public event where members of the public may make comments to the prospective applicant on the development - details of the proposal and consultation must be published in a local newspaper at least 7 days prior to the event being held.
So What is Good Community Consultation?
A great deal of guidance on how to achieve effective community engagement already exists and PAN 81 provides useful guidance. The Royal Town Planning Institute’s publications Guidelines on Effective Community Involvement and Consultation and the National Standards for Community Engagement developed on behalf of Communities Scotland, are particularly useful and when followed can help plan, monitor and evaluate community engagement.
The National Standards have been applied to the planning system below and are ideally suited for use by planning authorities for development plan preparation, by applicants in pre-application consultations with communities and by people and communities in engaging on planning issues.
Standard 1: Involvement: Identify and involve the people and organisations who have an interest in the focus of the engagement.
Standard 2: Support: Identify and overcome any barriers to involvement.
Standard 3: Planning: Gather evidence of need and resources to agree purpose, scope and actions.
Standard 4: Methods: Agree and use methods of engagement that are fit for purpose.
Standard 5: Working Together: Agree and use clear procedures that enable participants to work together effectively and efficiently.
Standard 6: Sharing Information: Ensure necessary information is communicated between the participants.
Standard 7: Working with Others: Work effectively with others with an interest.
Standard 8: Improvement: Develop the skills, knowledge and confidence of the participants.
Standard 9: Feedback: Feed results back to the wider community and agencies affected.
Standard 10: Monitoring and Evaluation: Monitor and evaluate whether engagement achieves its purpose and meets the national standards for community engagement.
Pre-application consultation is a very effective way of ensuring consistent and appropriate community consultation which can improve the scheme, reassure the community and enable you to deal with concerns in a timely fashion.
