The Planning Etc (Scotland) Act 2006 received Royal Assent on 20
December 2006. Some time during 2007, the timetable for
implementation of the reforms to the Scottish Planning system under
the Act will be available.
The major changes which will have to be taken into account in
the planning system in Scotland include:-
- A new spatial plan for Scotland; The "National Planning
Framework"
- A new obligation to prepare development plans with the
objective of contributing to sustainable development - subject to
ministerial guidance on what that means
- New structures for strategic planning in Scotland
- Modifications to local development plans, with new additional
steps and provisions for consultation, and examinations in public,
and provision for action plans for implementation
- Modifications to Section 25 of the Town and Country Planning
(Scotland) Act 1997 to incorporate the National Planning
Framework
- Major changes to the meaning of "development", and the
introduction of a classification system for development into a
hierarchy of national developments, major developments and local
developments, with procedural reforms designed to increase
efficiency in decision making
- New provisions for notification of the initiation and
completion of development
- Applications to be publicised by planning authorities
- New provisions for pre application consultations
- New provisions for hearing applicants prior to the
determination of planning application
- New provision for schemes of delegation for local planning
authorities
- New measures to restrict the matters which can be raised in
Appeal
- The replacement of outline planning permission by "Planning
Permission in principle"
- Substantial reforms to Section 75 Agreements
- The new concept of "Good Neighbour Agreements"
- Fixed penalty notices for enforcement and breach of condition
notices
- Reforms to Stop Notices and Temporary Stop Notices
- Introduction of Enforcement Charters
- New enforcement powers for planning authority performance
- Business improvement districts
- New measures for the designation of national scenic areas
- New emphasis on equal opportunities throughout the Land Use
Planning process
A lot of the flesh on the bones of the new Planning Act will
only be seen once the draft Regulations and draft Guidance are
available from the Scottish Executive for consultation. The
Scottish Executive hopes to have this in train during Summer 2007,
with the overall objective of full implementation within two years
of the Royal Assent.
We will be setting up various forums and seminars when the
reforms are more widely understood to work through the implications
of these with our clients. Please do not hesitate to contact us
should you wish to be kept informed of these events as we roll them
out through 2007 and 2008.