Transcript Slide 1

Update on New Planning
Act and Implications for
Community Councils
A.K Bell Library
7 September 2009
Agenda
1. Introduction
Gordon McFarlane, Planning Change Manager
2. Development Plans: Update
Peter Marshall, Planning and Sustainable Development Manager
3. Development Management (Planning Applications)
Nick Brian, Development Quality Manager
4. Enforcement
Gordon McFarlane, Planning Change Manager
5. Future Planning User Forum and Final Questions
Gordon McFarlane
21 July 2015
Introduction
 The Planning etc. (Scotland) Act 2006
 Secondary legislation published December 2008
 Previous training meetings with CCs in February and
March 2009 before PKC procedures known
 New Development Plan system started February 2009
 New Development Management system started on 3
August
 CCs asked in Feb/March for more training when
details known.
 Government expects associated ‘culture change’:
planners, developers and communities expected to act
more co-operatively
 Emphasis on ‘frontloading’ the system: more emphasis
on involvement in preparation of both Plans and
applications.
21 July 2015
2. Development Planning
Peter Marshall,
Planning and Sustainable
Development Manager
21 July 2015
‘Old’ Plans: update
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Structure Plan amendment:
Local Plans
Draft Local Plans
Supplementary Guidance
21 July 2015
Strategic Development Plan
•Covers Dundee, Perth and Kinross, Angus and North-East
Fife
• TAYplan
•Joint Committee
•Small core team, office and website established
•Secondments from constituent authorities
•Timetable agreed
•Slippage in timetable
•Implications for the Local Development Plan for PKC
Local Development Plan
The Development Plan Scheme approved in March 2009 sets
out:
1. Only one Local Development Plan for PKC
2. Timetable for the preparation of the LDP
3. Participation Statement stating when, how and with whom
consultation will take place and proposals for public
involvement
Local Development Plan:
update since March
• Initial work on Main Issues Report
• Further work on participation
•Revised timetable
•Progress on Supplementary Guidance
3. Development Management
Nick Brian
Development Quality Manager
21 July 2015
Development Management
 Increased “permitted development” rights
 Procedural changes for all applications
 Procedures particular to Major developments
 Procedures particular to Local developments
21 July 2015
Increase in
‘Permitted Development’
 Final proposals now expected in November
 Implementation by end of 2009
 Impact likely to be less than the initial consultation
 Unlikely to affect the type of application of interest to
CCs
21 July 2015
Neighbour Notification
1. Council (not applicant) notifies neighbours
2. Notification done when application is ‘valid’
3. Neighbours are those within 20m rather than previous
4m (or over road plus 4m)
4. Council does not search for owner in valuation roll –
uses advertisement instead
5. As previously (but now strictly applied) an advert is
required if no premises on neighbouring plot to which
notice can be delivered
6. Advert cost sought in retrospect on basis of actual cost
that week
7. 21 days for public to comment from date of Council
posting notification
21 July 2015
Statutory Application Process
 ‘Report of Handling’ has to include certain information
on process, including comments received, consultee
comments: useful for CCs
 Councils to give reasons for all decisions, including
approvals
 Front-loading of information in applications expected
(but not demanded by legislation)
 ‘Planning Permission in Principle’ replaces ‘Planning
Permission in Outline’
 ‘Approval of Matters Required by Condition on a
Planning Permission in Principle’ replaces ‘Reserved
Matters’
 Permission for 3 years, not 5
21 July 2015
Consultation with CCs
Consultation to take place in three ways:
 PKC initiate consultation with CC (but normally no
plans sent). 21 days from consultation.
 CC send in its comments before the expiry date on the
‘weekly list’ sent to CCs (by using public access)
 CC asks for a consultation within 7 working days of
weekly list. PKC sends acknowledgement (but no plans
unless requested) and CC then has 21 days
 21 day periods are an extension by PKC of statutory
minimum period of 14 days
21 July 2015
PKC Scheme of Delegation
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New Scheme of delegation approved by Council and
Scottish Ministers
Available on planning pages at www.pkc.gov.uk
Major developments must go to Committee or Council
(unless refusal for inadequate information).
Local Developments normally delegated unless there is
a Council, Councillor or Chief Official interest, or
approval is recommended and the application is
contrary to the Development plan or has received 6
valid letters of objection
Cut- off date for public comments to be counted as valid
will be 21 days from notification or expiry date of advert
which ever is later.
Community Council letters will count towards the six,
and CCs will be invited to speak at Committee
Views on a cut-off date for CCs?.
21 July 2015
Hierarchy of Applications
 Hierarchy of applications now in operation: ‘Local’ and
‘Major’;
 Major Applications are:
 Housing: 50 or more or site of 2 ha. or more
 Offices, Industry, Storage and Distribution: 10,000
sq.m. or 2ha.
 Mineral extraction: 2 ha.
 Special limits for applications involving energy
generation, waste management, roads, fish farming
 Other Developments: 5,000 sq. m. or 2 ha. (e.g
retail, recreation)
 Local - all others
21 July 2015
Major Developments:
Consultation with Community
A “Proposal of Application” Notice to Council at least 12
weeks before submission
 Minimum 12 week period of consultation with
Community to include at least one 1 public event, notice
in newspaper, consultation with Community Council
 Council has 21 days to require further consultation or
events
 Council not otherwise involved
 Major applications to include ‘Pre-Application
Consultation Report’
Experience of CCs so far?
21 July 2015
Major Developments:
Application Process
 Major ‘full’ applications to include Design Statement
and Access Statement
 4-month period for decision
 Pre-determination hearing and decision by full Council
required if “significantly contrary to Development Plan”
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 Appeals to Scottish Ministers: Appeal normally to be on
basis of existing information
21 July 2015
Local Developments
 Two month period for decision
 Delegated refusals of Local applications appealed to a
Local Review Body of three Councillors, not to
Scottish Ministers
 This ‘Review’ may be limited to existing information
 Local Review Body to meet monthly
 Non-delegated refusals appealed to Scottish Ministers
 Design Statement needed for some Local
developments: in Conservation Areas, Historic Gardens,
National Scenic Areas and in curtilage of Category ‘A’
listed building
21 July 2015
4. Enforcement
5. Forum and Questions
Gordon McFarlane
Planning Change Manager
21 July 2015
4. Enforcement and Monitoring
Enforcement Charter: Will Clarify PKC process and policy
– later in 2009 (Scottish Government circular awaited)
Improved Monitoring:
 ‘Notice of Initiation of Development’ : 1 received
 Site Notice for ‘Major’ and ‘Bad Neighbour’
developments: none yet
 ‘Notice of Completion of Development’ :none yet
Additional powers:
 To require submission of application: power
commenced, but not used
 Fixed Penalty Notices – powers commenced but not
used (for not complying with Enforcement Notice £2,000, for not complying with Breach of Condition
Notice - £300)
21 July 2015
Planning Users Forum:
 Auditing of Planning Services by customers a
commitment in “Delivering Planning Reform”
 Proposal to set up Planning Users Forum for customers
has been welcomed at training for CCs and
applicants/agents and is also supported by Government
agencies,
 First meeting proposed in November then meet twice a
year
 16 members: four from Applicants, four from
Community Councils, four Statutory Agencies (SNH,
SEPA, Transport Scotland, Historic Scotland), four PKC
planners
21 July 2015
Questions
21 July 2015