Development plan - new
Background
Scotland's planning system is undergoing the most significant modernisation in over 60 years and most of these changes are being implemented in 2009. This page provides a brief introduction to those parts of the new system which are already in operation and will be updated as the other new processes and related guidance commence. Full details on everything from the aims of the changes to the new Regulations are provided on the Scottish Government's website.
The changes to the planning system resulting from The Planning etc. (Scotland) Act 2006 are just part of a wider package of modernisation and 'culture change'. This involves not just the Council, but also developers, central Government (including its agencies such as Scottish Natural Heritage), Community Councils and the public. Two themes which run through the new system are the need to 'frontload' planning by emphasising the involvement of everyone at an early stage in the process(through the preparation of Plans and through pre-application consultations), and the need for more co-operation between planners, developers and communities to achieve sustainable development.
New System for Development Plans
The new system of Development Planning has already started under the Town and Country Planning (Development Planning) (Scotland) Regulations 2008. This will replace the current Development Plan system of Structure Plans and Local Plans, although these will remain in use until new Plans are adopted under the new system.
The new Development Plan system for Perth and Kinross will consist of two tiers of Plans:
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A Strategic Development Plan ('TAYplan') jointly prepared by Perth & Kinross, Dundee, Angus and Fife Councils. Work has started on the Plan and the Strategic Development Plan Scheme has been published.
The Main issues Report together with its associated documents will be published for Consultation on 30 March 2010. The active period for consultation will run from 12 April until 2 July 2010. TAYplan team are seeking your views' on the Main Issues Report. If you want more information or to register your interest visit the TAYplan website: www.tayplan-sdpa.gov.uk.
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A single Local Development Plan to cover all of Perth and Kinross. The process is explained in the 'Local Development Plan Scheme' which includes the Council's participation statement and timetable. Submissions are now being sought to help in the preparation of the Main Issues Report.
New System for Development Management (including planning applications)
Most of the changes start on 3 August 2009, although some have already commenced. Planning applications will be divided into a three-tier hierarchy, each with its own procedures proportionate to that tier:
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'National Developments' are include in the National Planning Framework and will be decided by the Scottish Parliament. There are none currently proposed for Perth and Kinross.
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'Major Developments' are as defined in the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009. In general terms, these are applications for sites of more than 2 hectares (although some smaller sites will also be Major, for example, if more than 49 houses are proposed). Applicants submitting a Major application after 2 August 2009 have to carry out 'pre-application consultation' for a minimum of 12 weeks with the local community before the application is submitted. The Regulations have therefore already commenced to allow this consultation to start in the lead up to the changes in August. The appropriate forms for requesting a pre-application consultation screening opinion and to serve a proposal of application notice can be downloaded from the Planning Forms page.
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'Local Developments' are those which need planning permission but fall below the size limits for Major Developments. The procedures for these applications will be simpler and speedier. For many of them, any appeal against a refusal will be to a Council 'Local Review Body' rather than to the Scottish Ministers.
The Scottish Government also intends to extend 'permitted development rights' so that some small 'householder' developments will no longer require planning permission. The details of these changes are not yet known.
The new System for Enforcement of Planning Decisions and Regulations
Among the other changes commencing on 3 August 2009 are powers for the Council to issue fixed Penalty Notices and Temporary Stop Notices, together with a requirement for developers to inform the Council when they are starting and when they have finished a development. The Council has also to prepare an Enforcement Charter setting out its policy on enforcement and aims to have that finalised in August 2009.
