Update on New Planning Act and Implications for Community Councils A.K Bell Library 7 September 2009

1. Update on New Planning Act and Implications for Community Councils A.K Bell Library 7 September 2009

2. Agenda 1. Introduction Gordon McFarlane, Planning Change Manager 2. Development Plans: Update Peter Marshall, Planning and Sustainable Development Manager 3. Development Management (Planning Applications) Nick Brian, Development Quality Manager 4. Enforcement Gordon McFarlane, Planning Change Manager 5. Future Planning User Forum and Final Questions Gordon McFarlane

3. Introduction • The Planning etc. (Scotland) Act 2006 • Secondary legislation published December 2008 • Previous training meetings with CCs in February and March 2009 before PKC procedures known • New Development Plan system started February 2009 • New Development Management system started on 3 August • CCs asked in Feb/March for more training when details known. • Government expects associated ‘culture change’: planners, developers and communities expected to act more co-operatively • Emphasis on ‘frontloading’ the system: more emphasis on involvement in preparation of both Plans and applications.

4. 2. Development Planning Peter Marshall, Planning and Sustainable Development Manager

5. ‘Old’ Plans:update • Structure Plan amendment: • Local Plans • Draft Local Plans • Supplementary Guidance

6. Strategic Development Plan • Covers Dundee, Perth and Kinross, Angus and North-East Fife • TAYplan • Joint Committee • Small core team, office and website established • Secondments from constituent authorities • Timetable agreed • Slippage in timetable • Implications for the Local Development Plan for PKC

7. Local Development Plan • The Development Plan Scheme approved in March 2009 sets out: • Only one Local Development Plan for PKC • Timetable for the preparation of the LDP • Participation Statement stating when, how and with whom consultation will take place and proposals for public involvement

8. Local Development Plan: update since March • Initial work on Main Issues Report • Further work on participation • Revised timetable • Progress on Supplementary Guidance

9. 3. Development Management Nick Brian Development Quality Manager

10. Development Management • Increased “permitted development” rights • Procedural changes for all applications • Procedures particular to Major developments • Procedures particular to Local developments

11. Increase in ‘Permitted Development’ • Final proposals now expected in November • Implementation by end of 2009 • Impact likely to be less than the initial consultation • Unlikely to affect the type of application of interest to CCs

12. Neighbour Notification • Council (not applicant) notifies neighbours • Notification done when application is ‘valid’ • Neighbours are those within 20m rather than previous 4m (or over road plus 4m) • Council does not search for owner in valuation roll – uses advertisement instead • As previously (but now strictly applied) an advert is required if no premises on neighbouring plot to which notice can be delivered • Advert cost sought in retrospect on basis of actual cost that week • 21 days for public to comment from date of Council posting notification

13. Statutory Application Process • ‘Report of Handling’ has to include certain information on process, including comments received, consultee comments: useful for CCs • Councils to give reasons for all decisions, including approvals • Front-loading of information in applications expected (but not demanded by legislation) • ‘Planning Permission in Principle’ replaces ‘Planning Permission in Outline’ • ‘Approval of Matters Required by Condition on a Planning Permission in Principle’ replaces ‘Reserved Matters’ • Permission for 3 years, not 5

14. Consultation with CCs Consultation to take place in three ways: • PKC initiate consultation with CC (but normally no plans sent). 21 days from consultation. • CC send in its comments before the expiry date on the ‘weekly list’ sent to CCs (by using public access) • CC asks for a consultation within 7 working days of weekly list. PKC sends acknowledgement (but no plans unless requested) and CC then has 21 days • 21 day periods are an extension by PKC of statutory minimum period of 14 days

15. PKC Scheme of Delegation • New Scheme of delegation approved by Council and Scottish Ministers • Available on planning pages at www.pkc.gov.uk • Major developments must go to Committee or Council (unless refusal for inadequate information). • Local Developments normally delegated unless there is a Council, Councillor or Chief Official interest, or approval is recommended and the application is contrary to the Development plan or has received 6 valid letters of objection • Cut- off date for public comments to be counted as valid will be 21 days from notification or expiry date of advert which ever is later. • Community Council letters will count towards the six, and CCs will be invited to speak at Committee • Views on a cut-off date for CCs?.

16. Hierarchy of Applications • Hierarchy of applications now in operation: ‘Local’ and ‘Major’; • Major Applications are: • Housing: 50 or more or site of 2 ha. or more • Offices, Industry, Storage and Distribution: 10,000 sq.m. or 2ha. • Mineral extraction: 2 ha. • Special limits for applications involving energy generation, waste management, roads, fish farming • Other Developments: 5,000 sq. m. or 2 ha. (e.g retail, recreation) • Local - all others

17. Major Developments: Consultation with Community A “Proposal of Application” Notice to Council at least 12 weeks before submission • Minimum 12 week period of consultation with Community to include at least one 1 public event, notice in newspaper, consultation with Community Council • Council has 21 days to require further consultation or events • Council not otherwise involved • Major applications to include ‘Pre-Application Consultation Report’ Experience of CCs so far?

18. Major Developments:Application Process • Major ‘full’ applications to include Design Statement and Access Statement • 4-month period for decision • Pre-determination hearing and decision by full Council required if “significantly contrary to Development Plan” • Appeals to Scottish Ministers: Appeal normally to be on basis of existing information

19. Local Developments • Two month period for decision • Delegated refusals of Local applications appealed to a Local Review Body of three Councillors, not to Scottish Ministers • This ‘Review’ may be limited to existing information • Local Review Body to meet monthly • Non-delegated refusals appealed to Scottish Ministers • Design Statement needed for some Local developments: in Conservation Areas, Historic Gardens, National Scenic Areas and in curtilage of Category ‘A’ listed building

20. 4. Enforcement5. Forum and Questions Gordon McFarlane Planning Change Manager

21. 4. Enforcement and Monitoring Enforcement Charter: WillClarify PKC process and policy – later in 2009 (Scottish Government circular awaited) Improved Monitoring: • ‘Notice of Initiation of Development’ : 1 received • Site Notice for ‘Major’ and ‘Bad Neighbour’ developments: none yet • ‘Notice of Completion of Development’ :none yet Additional powers: • To require submission of application: power commenced, but not used • Fixed Penalty Notices – powers commenced but not used (for not complying with Enforcement Notice - £2,000, for not complying with Breach of Condition Notice - £300)

22. Planning Users Forum: • Auditing of Planning Services by customers a commitment in “Delivering Planning Reform” • Proposal to set up Planning Users Forum for customers has been welcomed at training for CCs and applicants/agents and is also supported by Government agencies, • First meeting proposed in November then meet twice a year • 16 members: four from Applicants, four from Community Councils, four Statutory Agencies (SNH, SEPA, Transport Scotland, Historic Scotland), four PKC planners

23. Questions