The Scottish Government commissioned a review of the Scottish planning system in September 2015. An independent panel appointed by the Scottish Government published a report summarising 48 recommendations in May 2016. Scottish Ministers have welcomed the report and published a formal response on 11 July 2016. CBRE Scotland has issued a briefing note outlining the Scottish Government’s response and next steps:
OVERVIEW
On 31 May 2016, an independent planning review panel appointed by the Scottish Government published their report “Empowering Planning to Deliver Great Places”. The report outlines the panel’s consideration of six key themes and sets out 48 recommendations designed to rationalise, improve and modernise the Scottish planning system. Scottish Ministers have welcomed the report and strongly support the six key themes. The government has fully committed to taking forward the review recommendations with “pace and professionalism”. A response was published on 11 July 2016 as outlined below.
IMMEDIATE ACTIONS
The response recognises that although many of the recommendations will benefit from more detailed consideration, some of the recommendations are supported and can be implemented swiftly without the need for consultation. These are:
1. Help local authorities to strengthen their skills and capacity for housing delivery in the short term
2. Finalise the draft advice on planning for housing and infrastructure delivery, including a clear definition of effective housing land
3. Work with Heads of Planning Scotland to identify how permitted development rights could be extended
4. Work with Heads of Planning Scotland and COSLA (Convention of Scottish Local Authorities) to explore the potential to establish shared services
5. Take forward pilot for Simplified Planning Zones for housing
6. Consult on enhanced fees to ensure that planning authorities are better resourced
7. Work with the High Level Group on Performance, a body responsible for supporting improved planning performance and linking performance with planning fees, to look for alternative methods of improving performance
8. Continue commitment to not implement the penalty clause, against local planning authorities where speed of decision making does not meet prescribed standards, until further work on performance improvement has been considered
9. No intention to introduce a third party or equal right of appeal, instead focusing on more effective methods of engaging people; and
10. Work with Heads of Planning Scotland to finalise national guidance on minimum requirements for validation.
Additionally, to better focus resources on achieving the early actions, the current arrangements for the recall of housing appeals will be withdrawn to avoid delays.
COLLABORATION TO DEFINE THE SCOPE OF FUTURE REFORM
To progress those recommendations which would require more detailed consideration, the Scottish Government has pledged to:
Establish working groups to focus on each of the six key themes addressed by the review across a range of sectors. They will be tasked with exploring practical options for implementation of the recommendations
Liaise across ministerial portfolios and with relevant stakeholders to discuss the panel’s recommendations in more detail
Appoint an IT task force to improve information management in development planning and development management
Work with strategic development plan teams to identify options for re-purposed strategic development planning authorities, taking into account their relationship with National Planning Framework and wider governance of city region planning, development and infrastructure delivery
Work with the island authorities to allow for “island proofing” of options and proposals as they emerge
Work with the RTPI (Royal Town Planning Institute), universities and the Improvement Service to address priority areas for further skills development
Appoint a working group to identify barriers to involvement in planning; and
Take forward a programme of research focusing on the recommendations where further evidence is required.
SCOPE OF A WHITE PAPER
The Scottish Government is aiming to consult fully on a White Paper to enable a Planning Bill to be brought forward. It is currently expected that a White Paper will seek views on the proposals for:
A reconfigured system of development plans including the extension of the role and scope of the National Planning Framework and Scottish Planning Policy
New tools to assist housing delivery and diversification of types of housing
An approach to infrastructure delivery which recognises the development planning process
Changes to the development management process to improve efficiency and transparency
A renewed approach to performance improvement linking to an enhanced fee structure and innovative resourcing solutions
More meaningful and inclusive community engagement; and
Embedding IT and innovation to achieve a digitally transformed planning system.
NEXT STEPS
Over Summer/Autumn 2016, the Scottish Government has promised to work with key stakeholders to develop more detailed proposals for all the other recommendations. This work will explore the practicalities of their implementation and their interdependencies. Analysis to prioritise and phase the recommendations will also be required.
The Scottish Government is aiming to consult fully on a White Paper in Autumn/Winter 2016 which will enable a Planning Bill to be brought forward in 2017.
Stakeholders will be kept up–to-date with progress through the web pages at www.gov.scot/planningreview and the Twitter feed @ScotGovPlanning #sgplanningreview. CBRE will be monitoring the outcomes of the above steps to advise clients accordingly.