To ask the Scottish Executive what action it will take in the light of the responses to its White Paper, Modernising the Planning System, and in particular whether any of its proposals have been amended or developed further.
The generally very positive response to the Planning White Paper has reinforced our determination to introduce its wide-ranging and radical programme of modernisation. There are some issues which were unresolved at the time of the white paper’s launch on which we have now reached conclusions, and some issues on which our thinking has developed or changed. These are:
1. We have considered the many representations calling for planning’s role in promoting sustainable development to be given a statutory basis. We do recognise that Scotland’s future depends on development that is sustainable, in environmental, economic and social terms. As revitalised development plans will be at the heart of the modernised planning system, there should be an explicit requirement for those plans to be prepared with due regard to the principles of sustainable development. We have therefore concluded that the planning bill should include a duty on planning authorities to exercise their development planning function with the objective of contributing to sustainable development. They will also be required to have regard to any guidance issued by Scottish ministers.
2. As promised in the white paper, we have considered further the role that the Parliament should play in the preparation of the National Planning Framework. We do of course intend that there should be widespread and detailed consultation with all interests, including parliamentarians, on an early draft of the framework. We have concluded that the Parliament should have a further and formal role in the process, and the planning bill will establish a procedure by which the proposed National Planning Framework will be submitted to Parliament. A period for parliamentary consideration will follow, to allow Parliament to set out its view on the framework in a report or formal resolution. Ministers will then be obliged to have regard to any such report or resolution, and to set out how the framework has been changed in consequence to it.
3. We are proposing to strengthen the package of reforms still further by addressing key areas highlighted in responses to the white paper. Any necessary changes to the legislation will be introduced at stage 2 of the planning bill. These measures will include:
Further measures to toughen up the way enforcement cases are dealt with. Some measures were identified as requiring further consideration in relation to planning enforcement. The planning bill will include provisions for the establishment of Good Neighbour Agreements. The bill will also provide for a reduction in the grounds of appeal against an enforcement notice. We intend to go even further on other enforcement measures, including the potential introduction of new financial penalties.
Proposals for enhancing transparency and accountability in local authority interest cases, particularly where they are contrary to the local plan and have attracted significant opposition. In such cases, which will require to be notified to ministers, we intend to: require local authorities to explain more fully their reasons for departing from their own plans; increase the Executive’s powers to monitor local authority proposals for development, and increase the transparency with which the Executive processes such cases once they are notified to ministers.
Further proposals to enhance inclusion and public participation in the planning system, including by requiring pre-application consultations for all major applications.
4. There were a number of representations that the proposal to replace outline planning permission with approval in principle by means of identification in the development plan would not be workable. We have accepted that this measure should not be pursued. The planning bill will, however, include provisions to modernise the procedures in relation to outline planning permission. In particular, it will ensure that the key issues of detail determined subsequent to the granting of planning permission in principle, will also be subject to the same level of transparency and scrutiny as if they had formed part of a detailed planning application.
5. The planning bill will additionally legislate for the creation of Business Improvement Districts (BIDs). The overall aim of BIDs is to increase economic growth and stability by enabling businesses to take forward their own priorities in the area in which they are located. It will assist towards the drive to regenerate and improve city and town centres in Scotland by providing additional funding towards agreed improvements. It will also encourage partnership working between the public and private sectors by providing an equal forum for businesses, local authorities and other public bodies to discuss mutually beneficial priorities.