Subordinate Legislation
Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2007 (draft)
We now return to the item on our agenda that should have been item 1. We will consider motion S2M-5588, which is that the committee recommends that the draft Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2007 be approved.
I welcome the Deputy Minister for Communities, Des McNulty, to the committee. He is accompanied for this item by Ed Swanney of the Scottish Executive planning division and by Norman MacLeod and Suzanne Lyle of the office of the solicitor to the Scottish Executive.
As committee members are aware, this Scottish statutory instrument is an affirmative instrument, so the minister is required, under rule 10.6.2 of the standing orders, to propose by motion that the committee recommends that the draft regulations be approved. Committee members have received copies of the draft regulations, together with accompanying documentation. I invite the minister to speak briefly to the draft regulations, but not to move the motion at this point.
Thank you, convener. I apologise to committee members for not being here at 9.30. It was my fault. There was a misunderstanding about the start time.
The draft Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2007 introduce new levels of planning fees, which, if recommended for approval by the committee, will come into effect on 1 April 2007. It will be the first increase in planning fees since April 2005. Even after taking into account the proposed increase, planning application fee levels continue to be modest: they represent only a small proportion of developers' overall costs.
The charging of fees for planning applications has been the law since 1981. Today's debate is nothing to do with changing that law, but is purely to do with the level of fees that we now consider to be appropriate. I appreciate that the percentage increases on a one-year basis are above the rate of inflation, but it should be remembered that the previous increase in fee levels was two years ago. It is also worth noting that the information on which the calculations are founded is based on data relating to authorities' past performance, uprated to reflect current trends, which clearly demonstrate that there is a gap to be bridged between actual outcomes and target objectives. The proposed increases not only address the acknowledged shortfall but take into account an element to cover future inflation.
I make it clear that fees are not intended to address the full costs of development control, as such costs would require the inclusion of pre-application discussions, appeals and other non-qualifying activities. The fees are designed purely to cover the costs of processing planning applications. The Scottish ministers consider that the increases strike the right balance between full recovery and the likely impact on potential developers. The fees remain a very small part of development costs—considerably less than 1 per cent—and we have no evidence that they act as a deterrent to development. At the domestic property end of the scale, very few householders pay any fee at all, as the most minor developments do not require a planning application.
If it would help the committee, I will give some indicative figures. The fee for a planning application to build a new house will increase from the present level of £260 to £290 on 1 April 2007 if the new fees are approved. The fee for making substantial alterations to a domestic property will increase from £130 to £145. The minimum fee for a factory or office development will rise from the current level of £260 to £290. The maximum fee for the same category of development where the building is 3,750m2 or more will increase by £1,000 to £14,500.
Ministers believe that users and potential beneficiaries of the development control system should meet the costs incurred in determining planning applications, which would otherwise be met by council tax payers and business rate payers. That principle is endorsed in the Planning etc (Scotland) Act 2006 and has been discussed at length by committee members. On that basis, the Scottish ministers expect that the increases that we propose will achieve and maintain the target of full cost recovery.
We are, of course, always concerned to identify further justifiable improvements that can be made to the fee scheme. That is why we have decided to carry out a fundamental review of local authority planning services funding, which will take into account the effect of the recently approved planning reforms on development control costs. We do not expect that any resulting changes in financing will come into effect until 2008-09 at the earliest, so the draft regulations deal with the uprating of fees under the current system. That is all that I want to say at the moment.
Do members have any questions for the minister?
As a rather sad former maths teacher, it strikes me that an increase of 10 per cent—even over two years—is above inflation. I am interested to know what the increase was in 2005.
It was 10 per cent in 2005.
Ed Swanney (Scottish Executive Development Department):
It was 10 per cent in 2005, according to the figures that we have received from the planning authorities. There was no increase last year, because the figures that we got from the authorities showed that there was 103 per cent recovery. We go for only 100 per cent recovery.
As there are no more questions, I ask the minister to move motion S2M-5588.
Motion moved,
That the Communities Committee recommends that the draft Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2007 be approved.—[Des McNulty.]
Motion agreed to.
I suspend the meeting briefly to allow for a changeover of witnesses.
Meeting suspended.
On resuming—
Town and Country Planning (Marine Fish Farming) (Scotland) Order 2007 (draft)
The next item is consideration of motion S2M-5623, on the approval of the draft Town and Country Planning (Marine Fish Farming) (Scotland) Order 2007. The minister has been joined by John O'Brien and Graham Robinson of the Scottish Executive planning division and by Norman MacLeod of the office of the solicitor to the Scottish Executive.
As members are aware, the draft order is subject to the affirmative procedure, so under rule 10.6.2 of the standing orders the minister is required to propose by motion that the committee recommends that the draft order be approved. The Subordinate Legislation Committee raised a number of issues on the draft order with the Scottish Executive and considered the Executive's response at its meeting on 27 February. I understand that the Executive acknowledged the Subordinate Legislation Committee's point about its failure to follow proper legislative practice. Clarification was sought on two points in connection with the procedure to which the draft order is subject and on a point of drafting, and the Subordinate Legislation Committee was satisfied that the Executive's response provided adequate explanation on those three points.
Committee members have received copies of the draft order and the accompanying documentation, including the correspondence between the Subordinate Legislation Committee and the Executive. I invite the minister to speak briefly to the draft order, but he should not move the motion just yet.
The draft order will help us to fulfil a long-standing Government commitment to introduce statutory planning controls on marine fish farming, which I remember being progressed when I was a member of the Transport and the Environment Committee about five years ago.
As well as proposing a number of changes to the Town and Country Planning (Scotland) Act 1997 and other primary and secondary legislation, the order designates marine zones and the planning authorities that will be responsible for marine fish farming within those zones. It will also, as far as is possible, ensure that the approach that is adopted is consistent with the controls over land-based developments and those governing freshwater fish farms.
Following extensive stakeholder consultation in 2004, the Executive has worked towards provisions that will introduce a robust and workable planning regime. In addition to a full public consultation, we have sought to engage continually with the industry, regulators, local authorities and amenity environmental groups through a specially convened planning sub-group of the Highlands and Islands aquaculture forum. The Executive would like to thank those organisations that have engaged in the process for their invaluable input and patience in getting us to this point.
If the approach is approved by the committee, it will be for planning authorities to consider applications for planning permission for new marine fish farms or for modifications to existing farms. Planning authorities will make their decisions within the development plan framework, and we intend to provide a Scottish planning policy document on fish farming to provide a policy context to assist planning authorities. Planning authorities will also be able to attract a fee under the revised consultation arrangements to reflect the marine environment.
The draft order introduces transitional arrangements for fish farm applications that are currently with the Crown Estate. Transitional arrangements are also being introduced for Shetland Islands and Orkney Islands Councils to enable them to deal with the applications that are currently before them. We consider it only reasonable that developers who have already gone through various stages of the application process should not have to start again.
The extension of statutory planning controls will ensure that marine fish farming proposals are subject to a more effective, transparent and democratically accountable system of regulation. I hope that the committee will feel able to support the draft order so that that can happen.
Does any member wish to ask questions?
I apologise, but I made the mistake of looking at the map. However implausible it might be that there could ever be marine farms off the coast of Aberdeen, Dundee, Edinburgh or West Lothian, I would specifically like to know what is the sea area of marine planning zone 18, which is Clackmannanshire Council's bit of the Firth of Forth? It does not seem to show on the map at all. Is it really worth designating it as a sea area?
That sounds like a question to pass to officials.
Graham Robinson (Scottish Executive Development Department):
It is quite difficult to see on the map—
You are telling me.
There is a small-scale map in the bottom right-hand corner of the minister's version of the map, which shows that Clackmannanshire has a small triangular sea area abutting the apex of the Firth of Forth. Ministers decided that it was appropriate that all sea areas that were transitional and coastal waters as defined in the Water Environment and Water Services (Scotland) Act 2003 should be covered.
I suppose that, with global warming, there might be even more sea areas in the future. We will worry about that later.
As there are no more questions, I ask the minister to move the motion.
Motion moved,
That the Communities Committee recommends that the draft Town and Country Planning (Marine Fish Farming) (Scotland) Order 2007 be approved.—[Des McNulty.]
Motion agreed to.
We will report that decision to Parliament.
Housing Support Grant (Scotland) Order 2007 (draft)
The fourth item is motion S2M-5586, to recommend the approval of the draft Housing Support Grant (Scotland) Order 2007.
As members are aware, the draft order is an affirmative instrument, so under rule 10.6.2 of the standing orders the minister is required to propose by motion that the committee recommends that the draft order be approved. Committee members have received copies of the draft order and the accompanying documentation. I invite the minister to speak briefly to the draft order, but he should not move the motion yet.
I will be brief. The draft Housing Support Grant (Scotland) Order 2007 sets out the amount of housing support grant that is payable in 2007-08. Following the housing stock transfer by Comhairle nan Eilean Siar, only Shetland Islands Council continues to qualify for HSG, because of its very high housing debt. The grant payable will be about £1.8 million. All other councils have been able to balance their housing revenue accounts without the need for subsidy. However, HSG is still a substantial proportion of total HRA income in Shetland, and without the subsidy or a reduction in the housing debt, rent would have to increase to unaffordable levels.
As members have no questions, I ask the minister to move the motion.
Motion moved,
That the Communities Committee recommends that the draft Housing Support Grant (Scotland) Order 2007 be approved.—[Des McNulty.]
Motion agreed to.
Are we agreed that we should report to Parliament all the decisions that we have taken on the instruments that have been placed before us today?
Members indicated agreement.
The committee should now be going into private session, but I suggest that we defer the final item on the agenda until our next committee meeting, if members are agreeable.
Absolutely.
That concludes the committee's consideration of business. I thank everyone for their attendance.
Meeting closed at 12:41.