Modernising the planning system
Background
In 2009 Scotland's planning system was significantly modernised.
This page provides a summary of the main changes which were
introduced. Full details on the aims of the modernisation of
the planning system and the associated legislation 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 started in February 2009
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
consists of two tiers of Plans:
- A Strategic Development Plan (TAYplan) jointly
prepared by Perth and Kinross, Dundee, Angus and Fife Councils.
Work has started on the Plan and the Strategic Development Plan
Scheme has been published.
- 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.
New System for Development Management (including planning
applications)
Most of the changes commenced in August 2009, although
some were introduced in April 2009. Planning applications have been
divided into a three-tier hierarchy, each with its own procedures
proportionate to that tier:
- 'National Developments' are included in the
National Planning Framework and will be decided by the Scottish
Parliament. There are none currently proposed for Perth and
Kinross.
- 'Major Developments' are as defined in
the Town and Country Planning (Hierarchy of Developments)
(Scotland) Regulations 2009. In general terms, these are mostly
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 have to carry out 'pre-application consultation'
for a minimum of 12 weeks with the local community before the
application is submitted. 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.
- '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 is extending 'permitted development
rights' so that some small 'householder' developments will no
longer require planning permission from 6 February 2012. More
information on the changes is available from the
What needs planning permission? page
Other important parts of the modernisation of planning are the
ability to apply online for planning permission. and the
requirement to submit any comments on a planning application within
the statutory period allowed for such representations.
A summary guide to the changes to Development Management is
available to download from this page.
The new System for Enforcement of Planning Decisions and
Regulations
Among the other changes which commenced in 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 prepared an Enforcement Charter
setting out its policy on enforcement which was approved and
published in November 2009.
