Section 25 of the 1997 Act is going to be amended to add in the
new National Planning Framework (now being consulted on) but beyond
that there are also a number of reforms to the making of
development plans which will impact both on developers' engagement
with the system, and local authorities resource planning. The
driver here was to achieve quicker, more regular, and therefore
fresher development plan coverage, at the same time achieving
greater community involvement. There is already a widely recognised
imperative for developers to engage in the plan making process and
that remains the same. Points to note from the draft Regulations
include:-
Planning Authorities will have to prepare and publish
Development Plan Schemes giving details of their
intentions and timetables. This will assist development interests
in planning to engage with the plan making process (and there will
be less excuses for not doing so). These schemes will also lay out
how the community is to be involved.
Strategic Development Plans (SDPs) will replace
Structure Plans. There is renewed emphasis on leading and
monitoring change, but otherwise authorities are to have
substantial discretion about what is included. However, there must
be a Proposals Map proposing a spatial strategy. SDP's are still
not site specific but must be clear about the extent of any areas
referred to. Understandably SDPs have to have regard to the
National Planning Framework, regional transport strategies, river
basin management plans, the national waste management plan and any
hazardous substances consents. Once a proposed SDP is published
there will be an examination process, but the draft regulations for
how this will be done are awaited.
Local Development Plans (LDPs). First, a
monitoring statement must be prepared to take stock of the success
or otherwise of existing plans and policies. In going on to prepare
the plan, regard must be had to the SDP but the draft Regulations
also oblige the LPA to take into account resources available for
preparing the plan, other LDPs, and neighbouring English plans;
regional and local transport strategies; river basin management
plans; the local housing strategy; the national waste management
plan; and any dangerous substances consent issues. The next step is
a "Main Issues Report" which should be widely consulted on and also
be closely informed by the strategic environmental assessment
process which kicks in here. The MIR is seen as the key opportunity
for public engagement and participation. After the publication and
consultation on the outcomes of this the LPA can then publish their
proposed LDP plan document. Where areas are proposed for
development, the LPA must notify owners/occupiers and occupiers of
neighbouring land. This version of the plan is the one which formal
objections (now called representations) are to be invited. The LPA
then decides whether or not to modify the plan, and if any
modifications are major, it must be subjected to further
notification and publicity. It is then submitted to Scottish
Ministers. There will then be a public examination process and we
await the draft regulations for these to understand the new cast of
what used to be the Local Plan Public Local Inquiry. The outcome
will to all intents and purposes be binding on LPAs.
After the Development Plan is made, approved and adopted, the
LPAs must make action plans for both SDPs and LDPs. It is
understood that SDPs and LDPs will be required to be made more
regularly than previously.
New provisions are being made for supplementary planning
guidance whereby LPs issue non statutory development
policies which are not part of the development plan. SG is now to
be placed on a more formal basis with statutory procedures under
Section 22 of the Act. With this new procedure, supplementary
guidance may have more weight as a material consideration.