There will be complete restructuring for most planning
application procedures.
Remembering there are three underlying principles to the reforms
from the "Modernising Planning" agenda, namely:-
• Adapt development management procedures to better fit the more
complex application
• Increase efficiency of whole system
• Improve public involvement, the familiar GDPO 1992 will be
replaced by the Town and Country Planning Development Management
Procedure (Scotland) Regulations (to be called "the DMR").
New Sections 35A to C for the Town and Country Planning
(Scotland) Act 1997 provide for a "pre application consultation".
These are different from pre application discussions between the
developer, the LPA and statutory authorities, which are to remain
non statutory. The new Section 35 provisions are intended for
consultation with the community.
These community consultations must be carried out, under current
proposals, for all national developments; all major developments;
all developments requiring environmental impact assessment, and a
further category of substantial developments defined in Schedule 1
to the draft Regulations. These, for example, include retail
buildings of more than 2,500m2 where there is no proposal on the
Development Plan; developments which would result in the loss of
open space or playing fields; green belt development; waste
developments.
If it is not clear whether an application needs a Section 35
consultation, the applicant can apply to the local authority for a
"screening opinion".
Pre application consultations involve preparing "a proposal of
application notice" 12 weeks prior to the submission of an
application proper. This notice includes certain specified
information, and must provide details of the consultation the
applicant proposes to undertake. The local authority will have
powers to require the applicant to undertake further consultation.
Further guidance is to be issued about what consultation is
actually to involve. After consulting, the prospective applicant
must prepare a report on the consultation process and this must be
submitted with the Planning Application.
Applications which require a hearing. A new
Section 38A of the TCPSA 1997 makes it mandatory for local
authorities to hold a hearing for certain types of application.
These are further measures aimed at making the planning system
better at including the community. These are proposed to be
developments significantly contrary to the Development Plans; and
cases requiring environmental assessment. A model code of conduct
for hearings is to be issued. In most cases where a
predetermination hearing is required, the Planning Committee's
decision must be referred to the full Council.
Call Ins. There are further provisions for
notification to Scottish Ministers; EIA Applications have to be
notified, and significant departures from the Development Plan.
This will require further change to Circular 5/2007; Notification
of Planning Applications.
Processing agreements. A major new mechanism to
try and speed things up is the provision for applicants and local
authorities to sit down together and plan for the processing of an
important application. These discussions are to be committed to a
"processing agreement". While ideally, the processing agreements
should result from pre application discussions and be in place
before the application is submitted - and, presumably, before the
application clock is running - it is acknowledged that may not
always happen, and there is provision for default arrangements.
Processing agreements will involve councils in settling in advance
of an application who is to deal with it, and who the nominated
officers are in any consultation bodies, and also allows everybody
to clarify and define who will be dealing with the roles and
responsibilities on the developers side. A suggested template has
been presented. Processing agreements are to be recorded on the
public register for planning. There has been a discussion about how
enforceable processing agreements should be; at the moment, the
suggestion has been made that if the planning authority defaults,
some or part of the planning application fees may be returnable.
This is to be consulted upon.
Death of outline planning permission
(exaggerated). Outline planning permission is now to be
replaced by "planning permission in principle". Outline planning
permission was nearly abolished in the original Planning etc Bill,
but was retained because its usefulness to land owners and the
development industry was acknowledged. However, various other
reforms within the system will necessitate that all planning
applications are "front loaded" with specification and information
there may be less and less scope for minimalist planning
applications, particularly those of any significance. For example,
there will be severe restrictions on additional information being
brought into applications during a subsequent appeal process. This
trend may result in the withering away of outline planning
permission.
Electronic application forms. Application forms
are to be modernised and there will be increased use of electronic
applications, and knock on implications for the plans required for
a planning application.
Conditions. The use of conditions for any
aspects of an application to be submitted later will be provided
for in more detail.
Design and Access Statements. For some
applications there will be a requirement for "design" and "access"
statements which respectively provide for an explanation of the
design principles and concepts that underlie the development
proposals, and also how issues relating to access for disabled
people have been dealt with.
Neighbourhood notification. There will be major
changes to neighbourhood notification. Instead of being carried out
by the applicants, responsibility for notifying neighbours has
transferred to the planning authority. To assist this, the time for
receiving objections is extended, and the definitions of
neighbouring land have been simplified. There will be new
requirements for newspaper and site notices. It is acknowledged
that this will result in higher fees.
Statutory Consultations. Statutory consultees
will be specified by Regulation 30 of the new DMR and there may be
further consultation on the participation of statutory consultees.
It was widely recognised in the discussions on the reforms that a
prompt response from consultees is crucial and is not always
achieved.
Time periods for decisions are to remain at two
months from the date of submission of a valid application or an
additional time period of four months for national and major
developments. There are exceptions where the case is called in for
determination by a national park authority, or whether there have
been delays in advertising, or where there has been an agreement
about an extension. There are new provisions for
notification of the outcome of planning
applications, which are to be more widely distributed and
publicised.
Bad neighbour developments are proposed to be
redefined, now to include nightclubs, public houses, community
halls, concert halls, places of worship, skateboard parks, waste
transfer sites, and recycling points, or slaughterhouses. Quaintly,
it is proposed to delete from the bad neighbour procedures, music
halls, dance halls, and the construction of buildings for the use
of land for the purpose of slaughter house or knackers yards and
the killing or plucking of poultry.
Changes to applications after submission. There
will be important new restrictions on the extent to which there can
be a variation of an application after submission. Where the
variation is substantial, the planning authority cannot agree to
the change, and a fresh planning application will require to be
submitted. This is another example where the reforms will lead to
front loading of applications.
Retail mezzanines - removal of permitted development
rights. Following the changes in England there are to be
removal of permitted development rights for increased floor space
for retail developments designed to tackle the issues arising from
the installation of mezzanine floors in existing buildings. There
are to be new powers to remove permitted development rights for
such mezzanine floors in retail buildings, but again following
England, if work has been commenced, then that will be permitted to
be completed, notwithstanding the removal of permitted development
rights. Retailers contemplating installing mezzanines have a
closing window of opportunity.