mediation of space • making of place
No 136 : Aug 2010
Scottishplanner Journal of the RTPI in Scotland
Resources for Planning: what’s in it for you? government, performance assessment, quality auditing, staffing and training. It is vital that all professional planners engage in this debate. Now, more than ever before, we need new constructive ideas and leadership. This is your planning system, your expertise, your job! The RTPI in Scotland will be hosting a number of discussions through the Scottish Executive Committee, the Policy Sub-committee, the Chapters and the Scottish Young Planners Network Steering Group. Please contribute your thoughts and register your interests and concerns to scotland@rtpi.org.uk
A Manifesto for Planning From the RTPI Manifesto for Planning 2010.
Scottish Government published its important consultation Resourcing a High Quality Planning System on 7 July and we have until 15 October to respond. The consultation looks specifically at fees associated with planning applications; the resourcing of the planning system; and ways of reviewing and assessing performance. In his foreword to the consultation, John Swinney states that “The Scottish Government is working with COSLA, local authorities, key agencies and the development industry to ensure we have a modern, future-facing planning system which is properly resourced in order to deliver quality outcomes.” The consultation contains some tough questions and looks at how planning can be resourced more effectively in the context of public sector constraints and
slower rates of development. This is a challenging task and will require innovative thinking. Scottish Ministers are committed to ensuring that issues relating to resources and quality of service are linked, and to the continuing improvement of planning performance to ensure delivery of a quality service. How this is to be achieved in the current economic clime raises major issues relating to funding, the profile of planning within local
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The need for appropriate resourcing of planning as a major contributor to economic recovery will also be the main theme in the RTPI in Scotland’s Manifesto for Planning, which we are preparing in advance of the 2011 Scottish Parliamentary elections. Our work on the Manifesto was kick-started at a recent meeting of the RTPI in Scotland’s Previous Conveners’ Task Group, and will be continued through the important work of the RTPI Scottish Executive Committee. Planning in Scotland has a central role to play in improving the quality of life, supporting economic recovery, protecting our environment and strengthening local democratic decision-making.
continued on page 4
AUGUST 2010
Scottishplanner
Editorial
Resources for planning will be at the forefront of discussions over the next two months. Please engage in the Institute’s consultation response and submit your views on what makes for a ‘high quality planning system.’ This edition of Scottish Planner focuses on Planning Reform: one year on and includes experiences and views from a range of sectors, central and local government, agency, private developer and consultancy. There’s a mixed set of responses with continuing concerns expressed about more rather than less bureaucracy and the further need to reduce complexity. It would appear that ‘the jury is still out,’ but innovative approaches are emerging and all sectors are eager to share experiences. Students and graduates are very important resources for the future. The article on page 15 reports on our current research, funded by the Planning Exchange Foundation, and explores the current prospects facing graduates in their early years of employment in Scotland. There are a number of interesting recommendations emerging from this study which I hope will be taken forward through the Scottish Planning Education Forum. I hope you find the articles of interest and help in dealing with the challenges that lie ahead. As ever, we are extremely grateful to Biggart Baillie LLP and Halcrow for their sponsorship of the Scottish Planner; and for the support of our advertisers. Veronica Burbridge Editor
Scottishplanner is the Journal of the Royal Town Planning Institute in Scotland, and is distributed free by direct mail to all Members in Scotland. It is also available on the web at www.scotland.rtpi.org.uk
contents 07
08
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03 Convener’s Comments
Update 04 A Government Review of Reform – Scottish Government 04 Resources for Planning: what’s in it for you? Veronica Burbridge … continued from front cover 05 A View from Edinburgh’s Planning Committee – Cllr Jim Lowrie 06 Planning Reform: TAYplan – experiences to date – Pam Ewen 07 Planning Reform: One Year On – Roland Bean
Focus on Planning Reform: one year on 08 09 10 12 13
SNH: a new approach – Richard Ferguson Planning Reform: how was it for you? – Andrew Mickel Reflections One Year On – Murray Shaw Good intentions … – Andrew Robinson RTPI Network Members Join the Debate
Views and News 14 Scottish Government – skills and learning update 14 Opinions on the Modernised Planning System – Scottish Government 15 What became of the class of 2009? – Joanna Stewart and Veronica Burbridge 16 News and Events 18 Policy Briefing 20 Directory
Scottishplanner Sponsors
Editor Veronica Burbridge Production James Henderson Potential articles and photographs are welcome. The Editor reserves the right to amend articles as necessary. Enquiries to: the Editor, Scottishplanner, RTPI in Scotland, 57 Melville St, Edinburgh, EH3 7HL Tel: 0131 226 1959; email: scotland@rtpi.org.uk The opinions stated are the contributors’ own unless otherwise stated. The RTPI is not responsible for statements made or views expressed in this journal. ISSN 1353-9795 Registered office: Royal Town Planning Institute, 41 Botolph Lane, London EC3R 8DL Scottish Charity No. SC037841 Registered Charity No. 262865 Scottishplanner is printed on Era Silk recycled paper. Design, production and advertising by Thinktastic Tel 0131 554 2807
02 www.rtpi.org.uk/rtpi_in_scotland/
From pre-application right up to any appeal, our highly-focused, partner-led team advises on all aspects of planning. Specifically, our experience covers housing, business, retail, leisure, industry, transport, waste, energy and minerals, as well as natural and built heritage matters. We act for developers, local authorities and any other party involved in planning matters. At Biggart Baillie we pride ourselves on seeing the planning and related issues in the round. For further information, please visit www.biggartbaillie.co.uk twitter.com/biggartbaillie
Sustaining and improving the quality of people’s lives. We believe in making places work through our unique collaborative approach to planning, design, transport and development. We take proposals and projects from inception to successful implementation. Our skills are equally important to small-scale commissions as to major masterplanning and infrastructure projects. For further information, please view halcrow.com/dpd
Convener’s Comments Planning reform one year on is a common theme among planners in Scotland at present. No one could dispute that substantial progress has been made but it would be unfair to reach any firm conclusions on the success of the reforms at this stage. The outcomes are likely to become clear only after several iterations of the new development plans. In addition, it is inevitable that the operating environment will change. The recession is one example of such a change, the increasing urgency of addressing climate change another. Whether the aspirations of the reforms are achieved will depend on our ingenuity in developing the skills and knowledge and creating the new tools and ways of working needed to deliver the outcomes we want in that changing environment.
Seeking innovation Resources will be a major factor. Achieving more with less has become a mantra in almost every area of life. Many are sceptical about the impact of reducing resources, but others see opportunities to develop more effective ways of working together and applying resources across planning authorities, agencies, the third sector and the private sector. Could a period of austerity help us generate the efficiency, effectiveness and inclusion that the reforms aspired to? Two areas where some innovative approaches could be productive include addressing the infrastructure issues to support project delivery and meeting aspirations for increased involvement in, and ownership of, the new development plans. Resourcing infrastructure today requires innovative funding models underpinned by an increased understanding of the issues among all stakeholders. Such an understanding may require an increased openness and a willingness to work together among developers, planning authorities and
infrastructure providers. It will require planners to work even more closely with other built environment professionals to enable delivery.
Engagement and involvement Meeting the aspirations for increased involvement in planning at a time of reducing resources is equally challenging. The revised and updated Planning Advice Note 81 will help and Planning Aid for Scotland is leading the creation of new tools and standards for effective engagement in planning. Again there are opportunities to develop new models of engagement, drawing on the skills and knowledge of planning authorities, agencies, the third sector and others. We know that planners are the most active of professionals volunteering in their own field in Scotland, and through this are improving awareness of and involvement in planning. In this role, planners improve their own skills and build the capacity of all the stakeholders. It should not be beyond us to find ways of making links and drawing on this experience to help address the challenge and add value for everyone involved.
Valuing planning and planners As we work to ensure that planning addresses climate change and delivers sustainable development, and that the ambitions of the reforms are realised, this is an exciting time to be involved in planning in Scotland. As planning systems evolve across the nations of the UK and new tools or ways of working emerge, for example new funding mechanisms or new relationships with other professionals, it is even more important that the RTPI positions itself, champions planning and planners, supports its Members, and helps them to develop the skills and knowledge they need to deliver. If the RTPI is to play a leading role and reflect the needs and aspirations of planners in Scotland, it needs to draw on the experience, energy and enthusiasm so obvious in the work of the Chapters and in the volunteering mentioned earlier. I would be very pleased if the passion for planning, evident at a personal and local level, were to be reflected in the nominations to the Scottish Executive Committee for 2011. Ian Angus MRTPI Convener, RTPI in Scotland’s Scottish Executive Committee
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AUGUST 2010
Scottishplanner : UPDATE
A Government Review of Reform Following a year of implementation, Scottish Government (SG) is taking stock of the development management regulations. The aim is to ensure the procedures deliver the intended benefits, to foster good partnership-working and to ensure that new administrative or legal barriers are not being introduced. Evidence is being drawn from a range of sources including formal and informal correspondence from communities, developers and planning authorities. Early indications are that, despite a few initial concerns, planning authorities have successfully made the transition. Many authorities have successfully implemented the ePlanning system, with an estimated 18% of all applications being submitted using the ePlanning Scotland website. SG is working with Heads of Planning Scotland to resolve issues with neighbour notification and preapplication consultation requirements for applications to change planning conditions. SG has visited a number of planning authorities to see the various approaches being taken on neighbour notification, and have set up a short-lived working group of planning authority representatives to consider possible legislative changes. Meetings have also been held with representatives from private sector solicitors, planning authorities, developers and community groups, to identify the issues and to consider measures to try to alleviate difficulties relating to pre-application consultation and the amendment of conditions.
© image courtesy of Scottish Government
Making progress There has been significant progress from all of the signatories of Delivering Planning Reform. Practical solutions are being developed by many planning authorities, for example: Aberdeen City Council has developed an automated neighbour notification process using the same process as that for producing payslips; Highland Council has introduced formalised pre-application discussions; and the City of Edinburgh Council and Edinburgh Chamber of Commerce have signed a concordat formalising agreed responsibilities. SG will publish
fuller accounts of these and other case studies on the planning section of the SG website www.scotland.gov.uk/planning. Further evidence will be collected and analysed by SG throughout the summer and the results will be reported to Ministers later this year. SG would be very pleased to hear about your experiences of any aspect of the development management process, good or bad, and to consider any case study examples you might want to put forward. Please e-mail marie.ferguson@scotland.gsi.gov.uk
Resources for Planning: what’s in it for you?… continued from page 1 The Manifesto will set out our vision for the next five years and so we need your views and support in developing this document. Please do contribute your ideas – what would your three ‘asks’ be of political parties and the future Scottish Government? Please get involved and add value to this process.
Involvement in RTPI in Scotland work One way of becoming involved is to play 04 www.rtpi.org.uk/rtpi_in_scotland/
a role in the life of your professional Institute in Scotland. We are beginning to plan the RTPI in Scotland’s work for 2011 and are seeking enthusiastic members to serve on our Scottish Executive Committee to help to maintain the profile of the profession in Scotland; to ensure that member services are defined and delivered effectively; and to represent planning interests within and outwith Scotland. This is important work in these challenging times.
The Institute is only as good as its membership; please consider playing a more active role. The nomination papers for the election to the SEC are enclosed with this copy of the Scottish Planner. Please consider putting your name forward and if you would like more information about the work of SEC members, contact me at Melville St. Veronica Burbridge, National Director, RTPI in Scotland
© image courtesy of Charles Strang
A View from Edinburgh’s Planning Committee
Councillor Jim Lowrie is Convener of the City of Edinburgh Planning Committee, and has been Scottish Liberal Democrat member for Fountainbridge and Craiglockhart for the last 11 years. He is also on the board of Edinburgh World Heritage. Much has been written by planning professionals in recent editions of the Scottishplanner on how their role has changed since the introduction of planning reforms. The new guidance has also placed new responsibilities on politicians like myself and, while the roles of those of us involved in the process are quite different, we are all charged in Scottish Planning Policy with the same aim that of helping to deliver sustainable economic growth.
Development Plans Re-asserting the importance of development plans is a priority for us in Edinburgh. The preparation of the new Strategic Development Plan (SDP) by the Edinburgh and South East Scotland Strategic Development Plan Authority (SESplan) is important to me. SESplan is the new strategic planning area made up of six member authorities, Fife, Scottish Borders and the four Lothian authorities. I serve on its Joint Committee which meets regularly to make key decisions regarding the SDP, including its resourcing. Planning for a new area inevitabIy brings a new set of challenges and I am pleased to say that we now have a Main Issues Report, currently out for public consultation.
Development management As Planning Committee members, we have re-structured our meetings to prioritise the more complex major planning applications. A comprehensive training programme has supported us in our decision-making role: this is ongoing
and is organised by our senior officers, with participant presenters from all key stakeholders involved in the process. My one reservation about the more transparent planning process is that it has arguably raised the expectations of local communities, some of whom feel they have an automatic right to present their views at planning committee. Given the volume of applications and the level of public comment in this City, it is just not possible to accommodate hearings on all proposals raising community concerns, but we do give careful consideration to all views submitted. New responsibilities for us as councillors mean that I serve on one of the three Local Review Body panels set up in Edinburgh to re-examine delegated decisions made on local developments. This new process required additional training and has placed demands on our already busy schedules. In my view the process has so far worked well, and I am confident we have demonstrated openness, fairness and transparency in our decisions. Some categories of major application are now referred to full Council for
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My one reservation about the more transparent planning process is that it has arguably raised the expectations of local communities, some of whom feel they have an automatic right to present their views at planning committee.
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© image courtesy of City of Edinburgh Council
final determination. I think this adds little to the application process. In my opinion these decisions should rest with the Planning Committee and this measure has done nothing more than introduce a new layer of bureaucracy into the process.
A Planning Concordat One of the more positive outcomes of planning reform has been the development of partnership-working. I recently signed a Planning Concordat, on behalf of the Council with Edinburgh Chamber of Commerce (see page 11), which aims to help ensure the delivery of a more efficient planning service, responsive to the needs of business. We are already working more closely with the business community through our Development Forum, set up last year as a ‘one door approach’ for the development industry to engage with the planning system in the City. Finally, a year on from the introduction of many of the reforms it is possibly a little too early to comment on whether these have achieved positive outcomes, at least from my own perspective as a councillor. While there have been some early teething problems, I remain optimistic that the changes will help us achieve the high-quality sustainable development and resulting economic prosperity that we are seeking in our City. However, even at this stage, I think that that there are some aspects of the new system which should be reviewed. 03 05
AUGUST 2010
Scottishplanner : UPDATE - PLANNING REFORM
TAYplan - experiences to date Is reform working one year on? Yes, most definitely for the TAYplan Strategic Development Planning Authority (SDPA), explains Pam Ewen, TAYplan SDPA Manager. Back in April 2009, TAYplan had a governance structure in place, but an empty office and no permanent staff in post. 14 months on, the Main Issues Report (MIR) consultation is complete, the TAYplan brand established, and all stakeholders are now aligned to help deliver the project plan. The MIR has been delivered in the spirit of the new legislation. It is not a draft plan. It is informed by research and monitoring. It puts placemaking at its heart; it integrates climate change matters throughout; and it focuses on delivering sustainable economic growth. It is good, not perfect. © image courtesy of TAYplan
Working with communities and investors There is confusion out there about the new system, not unusual during a time of big change, and so the four SDPAs in Scotland have produced a leaflet (see www.tayplansdpa.gov.uk/SDPA_A5_leaflet.pdf) to communicate these changes and to support planners in their work with communities and investors. TAYplan’s request for online consultation responses has largely worked well, but it has needed strong support from the private sector, partners and stakeholders. This way of working can speed up the planning process and thus the delivery of reform, and some have suggested it should be mandatory. Engaging communities and other interested parties was done across a 12-week period, the most comprehensive strategic planning consultation I’ve worked on. Engagement on strategic planning issues is neither easy nor instantly riveting to the person on the street: how we explain these issues and the ways they relate to community concerns is an area we need to improve upon, potentially through using illustrations as well as words.
Developing a collaborative approach Leadership and collaborative partnership-working are fundamental to implementing this reform. Those in leadership roles in Scottish planning need to drive forward the change, innovate and share the lessons learnt. I’ve changed the way I work with key stakeholders, who have become part of a ‘virtual team’, providing expert advice and acting as a sounding board. Their input is vital, and is supported by an environment of mutual respect in which open, challenging and positive communication prevails.
Opportunities and challenges Starting afresh with a new Authority and Strategic Development Plan (SDP) has advantages and challenges. One of the former is that systems and processes are devised from scratch and therefore aligned to fit the new process, in particular the Examination. Another is that SDPA core staff 06 www.rtpi.org.uk/rtpi_in_scotland/
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Engagement on strategic planning issues is neither easy nor instantly riveting to the person on the street: how we explain these issues and the ways they relate to community concerns is an area we need to improve upon, potentially through using illustrations as well as words.
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and resources are not constantly being pulled in other directions, allowing a strong focus. The timescales set out for the SDP, in Circular 1/2009, at first seemed tight. In reality, to date, they have been deliverable; although significant time has been required within the process to build partner ownership and commitment. I’m hoping that, once the Plan is submitted to Ministers, the whole process will be completed within the 52 weeks suggested in the Circular. Although not part of the statutory process, the two strategic MIRs issued so far have built in pre-consultation phases to identify key issues. For TAYplan, the purpose has been not only to seek early comments but also to ensure that potential strategic locations for new development have been considered from the start and aligned with the Strategic Environmental Assessment; and, likewise, to raise awareness of TAYplan and the nature of an SDP. Such work may not be needed next time round.
Keeping it in proportion I couldn’t reflect on the delivery of reform without using the new buzz word in development planning ‘proportionate’. Planning is about apportioning: a balancing act where we sometimes feel on an endless tightrope. However, let’s not dwell on the small issues that arise first time round: instead, let’s allow ourselves to wobble a bit along that rope and focus on communicating the positive, whilst capturing the lessons learnt. The views expressed are the author’s own and not necessarily those of TAYplan.
One Year On … Roland Bean, Head of Planning with Perth and Kinross Council, reflects on a year of many challenges.
appellants are finding it a challenge to have no further right of appeal. Development planning: It is a bit early to judge the new system in practice, but the Development Plan Scheme and Consultation Statements are useful disciplines. We are involved in the TAYplan Strategic Development Plan and have just finished consultation on the Main Issues Report (MIR).
Running the rapids of reform? River Tay in the centre of Perth, looking north to Smeaton’s Bridge © image courtesty of Perth
I’m sure most planning services found the introduction of the new Act quite a challenge – we certainly did – and our application performance suffered for several months. We allocated time and resources to prepare; appointing a Planning Change Manager and setting up a working group to support political understanding and train elected members, staff, agents and community councils. It was fortunate that the downturn in applications gave us some capacity to address the new processes. Development management: The hierarchy is useful in emphasising important applications, but our rural communities feel the threshold for ‘major’ housing is too high. Preapplication consultation with communities is bedding in better than I’d thought, and some developers have managed to reduce significantly the number of objections expected. We do need more clarity on the role of planners and members in such consultation; our view is that it is a matter for developer and community. Neighbour notification is better done by the planning authority, but we have concerns at the variations across authorities. We underestimated the complexity of introducing this and it slowed down our validation processes for a time. The requirement for formal schemes of delegation is helpful. However, as we already had a generous scheme of delegation, we now have to put more
to Committee; not least because of the requirement to put all Council applications to Committee, no matter how small or uncontroversial. I can see no good reason for this. The added complexities were meant to be offset prior to the introduction of the Act by a significant reduction in householder applications: one year on,
Our Local Development Plan MIR goes to Council in September and will include the level of detail needed for the public to fully participate in the new front-loaded system. We have had very good input from Government agencies; evidence that they are prepared to be more strategic. So, is planning reform working? I think the jury is still out, and will be until the new development plans are in place, but the new system has probably added more bureaucracy than it has
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The added complexities were meant to be offset prior to the introduction of the Act by a significant reduction in householder applications: one year on, we still await increased permitted development rights.
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we still await increased permitted development (PD) rights. Enforcement: We’ve appointed an additional enforcement officer to use the new ‘start’ notices to pro-actively check that suspensive conditions have been met and that conditions on site are being adhered to. This has proved to be an effective way of dealing with these matters - word has got round local developers! Local Review Body: The LRB took some setting up as a new Committee with its own support mechanisms and training. Unlike many others, this Council appointed an independent planning advisor to the LRB. I believe this is important for appellants and objectors since it gives independence to the appeal process. So far, its proportion of dismissals mirrors that of DPEA. Some
removed – certainly without as yet any significant relaxation in PD rights. Delivering Planning Reform1 is for all stakeholders in the development process, but I’ve seen little evidence of improvement in developers’ submissions. The role of Government agencies is changing and I’m less concerned than I was about the impact - on planning authorities - of their work becoming more strategic. The next big challenge is the quality of development plans and the extent of buy-in from all involved … and the current economic climate, of course. The views expressed are the author’s own and not necessarily those of Perth and Kinross Council. 1
View Scottish Government’s Delivering Planning Reform at www.scotland.gov.uk/Resource/ Doc/243444/0067748.pdf.
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AUGUST 2010
Scottishplanner : FOCUS ON PLANNING REFORM -
SNH: a new approach Richard Ferguson, Planning Project Manager for Scottish Natural Heritage (SNH), has been helping to co-ordinate the agency’s contributions to Delivering Planning Reform. Here, he answers some key questions on SNH’s approach and role. Q: What is SNH’s main contribution to Delivering Planning Reform? RF: Our main aim is working with others to support good developments in the right places. We are trying to be more enabling, proportionate and collaborative in our approach to planning work. Q: If SNH is reducing advice-related casework, shouldn’t resources be transferred from SNH to planning authorities? RF: We’re trying to shift our efforts ‘upstream’, and putting more effort into the new development planning process and engaging more in ‘preapplication’ work. So we need to reduce what we do ‘downstream’ and get involved in fewer cases. However, this need not greatly increase the time spent by planning authority (PA) officials in such cases. Indeed, PAs might even save time by making more assessments themselves and corresponding less with SNH. Q: SNH has skills that PAs don’t have, so won’t the loss of these from some cases result in poorer decisions? RF: SNH will still advise on the bigger cases requiring our specialist inputs, e.g. EIA cases, and proposals affecting protected sites. If a PA feels exposed in a particular case, we’re happy to discuss the need for advice, but we must be proportionate about the scale of proposals with which we get involved.
Q: If SNH is using fewer ‘objections’ and more advisory responses, will its responses be as clear?
will. If a PA bases a refusal on our advice, we will consider supporting them in a subsequent appeal or inquiry.
RF: We will still ‘object’ where we think the national interest in natural heritage is prejudiced by the scale or significance of any potential loss or damage. SNH intends to publish guidance soon on assessing ‘national interest’. Many such cases will occur in nationally-designated sites, but there will also be cases in the wider countryside where we will object if we see significant threat to a national interest. The usual rules for referral to Scottish Government still apply. In cases where impacts, although severe, are more local, then we may give advice about impacts but determination will be a matter for the PA.
Q: Can SNH help build the confidence of PA officials in expressing views on natural heritage interests?
Q: How will PAs and developers proceed when SNH doesn’t object but advises significant changes to proposals? RF: It is really for them to decide whether and how to act on our advice, although we do, of course, hope they We will still ‘object’ where we think the national interest in natural heritage is prejudiced by the scale or significance of any potential loss or damage. SNH intends to publish guidance soon on assessing ‘national interest’.
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RF: Yes, we have redeveloped our website guidance for planners and developers – see www.snh.gov.uk/ planning-and-development/advicefor-planners-and-developers/; helped prepare on-line ‘tools’ like the ‘biodiversity toolkit’ (coming soon); and planned ‘Sharing Good Practice’ events. We have also embarked upon meetings with individual PAs to discuss our approach to planning and how we can help with natural heritage training needs. Q: Will SNH still be advising on renewable energy proposals? RF: Yes. Most renewable energy proposals are the subject of EIA processes where SNH has a statutory role. Our Renewable Energy Service Level Statement explains this role see www.snh.gov.uk/planning-anddevelopment/renewable-energy/ our-approach-to-renewables/. We also work with most PAs in the development of spatial frameworks for windfarms, as required by Scottish Planning Policy, and we are preparing and updating other guidance on renewables for planners and developers.
Q: Does SNH have sufficient resources to work on all new strategic and local development plans? RF: Yes, we’re committed to working collaboratively with all PAs and other parties in this process, and to doing so at all key stages from initial thinking about main issues to preparing Action Plans. 08 www.rtpi.org.uk/rtpi_in_scotland/
Eildon Hills in the Scottish Borders © image courtesy of Charles Strang.
ONE YEAR ON
Planning Reform: how was it for you? Campaigner for change, Andrew Mickel – Director of Mactaggart & Mickel Homes Ltd, former Chair of Homes for Scotland, and RTPI member – surveys a somewhat mixed landscape. Engagement with statutory agencies has certainly improved: work shadowing and Scottish Government Open Days are to be encouraged and learning shared. This aspect of culture change may increase with public sector cuts and a move to shared services. Real restructuring could lead to promotion of a new generation of proactive planners genuinely driven by sustainable economic growth, rather than to distraction by house extensions.
Then the not-so-good…
Mactaggart & Mickel and East Renfrewshire Council partnership-working for a ‘successful places' design agenda at Polnoon © image courtesy of Procter & Matthews Architects
One year on is the idiosyncratic world of Scottish planning delivering an idyll of efficiency and best practice? Most observers would see this as too much to ask, but this author, one of the zealots for change, had carried such a hope - even as he emerged staggering from the bombed-out remains of the development industry. However, a curate’s egg is my view of progress: a view shared by many housebuilders and planning consultants, some of whom view the system now as less accountable and more process-obsessed. Oh dear – why are some of us feeling so cynical? An analysis by Homes for Scotland of its members’ views distinguishes between those authorities and individual planners who actively assist high-quality sustainable development proposals and those who continue to ‘regulate and control’.
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First the good… The cities, particularly Glasgow and Edinburgh, have scored well. A willingness to stay competitive and face the harsh economic realities has seen their planning departments embrace change. In Edinburgh, the Planning Concordat between Council and business could easily form part of an emerging service agreement used across the country an absolute necessity if fees increase in 2011. In terms of new skills, the development industry now delivers pre-application consultation as the norm, and realises that not all NIMBYs are ‘insurgents’, but rather that a few might become clients! Albeit there is now a tendency to over-consult to be on the safe side, the need to go back to square one to amend a condition will surely be reviewed by Victoria Quay? Processing agreements were a good idea, but such voluntary agreements lack bite and few have embraced ‘proportionality’.
Inconsistency is rife. An analysis by Homes for Scotland of its members’ views distinguishes between those authorities and individual planners who actively assist high-quality sustainable development proposals and those who continue to ‘regulate and control’. Increased housing investment will return if the former prevail, but will stagnate with the latter: regrettably only four authorities can presently claim to actively encourage such investment. The new Local Development Plan process is particularly problematic. Despite upfront promotion outlays, there are regulators who have already decided on preferred development sites, regardless of viability. In some cases, Reporters do not update ‘objectors’ on progress, nor justify conclusions; a concern given the aim to make the system more accountable and have fair examinations. We need acceptance of communities’ right to see housing need met in full. Just because housebuilding is at historic lows, doesn’t mean need has disappeared, but rather that we need new delivery mechanisms. The outdated view that developers must fund the renewal of infrastructure prior to building homes must now be consigned to history if we are to tackle the dire housing shortage. As anticipated, Local Review Bodies (LRBs) are being shunned by developers, with few cases being successful for the appellant. The perceived lack of democracy is felt too by some councillors, as their interests are ignored, and it is almost inevitable that the courts will be asked to review LRB independence.
And then the downright confusing… There is little or no urgency to kick-start sites. Innovation and leadership is needed now, yet we continue to detect a certain schadenfreude. Most prevalent is the continuation of the pre-credit crunch shopping list; policy changes must assist in delivering unviable sites. Government at all levels has been too passive, and allowing local solutions to evolve is too idealistic we can’t wait for the wheel to be reinvented 34 times. So, one year on, no earth-shattering movement: in the main, it is too soon to tell and more of a damp squib with room for improvement. Sorry!
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AUGUST 2010
Scottishplanner : FOCUS ON PLANNING REFORM -
Reflections One Year On Development planning, development management, appeals and culture change, Murray Shaw, Chairman and Senior Partner at Biggart Baillie LLP, stands back and views the range of issues raised by reform. the new system understandably and correctly seeks to speed up the production of development plans, it is premature to expect any of the new style plans to have been adopted formally. Nonetheless, early examples show the potential scope of the changes.
Twelve months on from the dawn of the new system, where are we? © image courtesy Charles Strang
We are a year in to the new system and it is an opportune time to see where we stand. There are, of course, some elements of the new system yet to be implemented, such as the changes in relation to Section 75 Agreements and planning obligations. The recent publication of the consultation paper Resourcing a High Quality Planning System shows that the changes made to date are all part of an ongoing process.
infrastructure investment” (see Circular 1/2009, para. 14); while Local Development Plans (LDPs) are to be “concise map based documents that focus on their specific main proposals for the period up to year 10 from adoption… Minor proposals and detailed policies may be removed to supplementary guidance especially if there is no significant change from the previous plan” (para. 39). While
Developing planning
Reporters will not be shy of making significant recommendations. The fact that their recommendations are, for all practical purposes, binding may yet prove to be a limitation on what they can or are prepared to do. We shall need to wait and see.
Important and significant changes are made to the development plan system. As the guidance on this makes clear (see Circular 1/2009), the Government intends that these documents should be different from their predecessors. Strategic development plans (SDPs) are to be “concise visionary documents that set clear parameters for subsequent LDPs and inform decisions about strategic
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On 14 August 2009 Scottish Ministers approved the Aberdeen City & Shire Structure Plan. While this is an ‘old style’ structure plan, the format is very much that of a new style strategic development plan. The approval letter from Scottish Ministers notes that “the Plan is a positive response to the Scottish Ministers’ desire for succinct Development Plans and the Plan’s aspirations and vision for the future of the area are endorsed.” Following on from this, the Aberdeenshire Proposed Local Development Plan is presently out for public consultation, a process that finishes on 1 October 2010. This document is very much in the new style, making significant use of supplementary guidance as contemplated by paragraph 39 of Circular 1/2009. For those who have not looked at them, both documents are worth viewing as they show what plans are likely to look like going forward. It will be particularly interesting to see the range of responses to the proposed LDP when the consultation period closes. Staying in the development plan arena, the ‘review’ process relating to emerging plans is equally very different under the new system. Again, we have evidence of how the new system might operate in practice through the examination into the alteration to the East Ayrshire Local Plan - an old style local plan undertaken earlier this year. There a team of Reporters dealt with the examination process in an admirably succinct time. There were only two half-
ONE YEAR ON Development management
day hearings held, despite the fact that in a number of areas there were sites actively competing for allocation, and where previously an old-style ‘beauty parade’-type inquiry might have taken place. Notwithstanding the nature of the process, the Reporters in their recommendations made some significant changes, in particular rejecting the Council’s proposed affordable housing policy as not being properly justified. Clearly it is premature to draw any conclusions, but the East Ayrshire example suggests that, even given the very different process, Reporters will not be shy of making significant recommendations. The fact that their recommendations are, for all practical purposes, binding may yet prove to be a limitation on what they can or are prepared to do. We shall need to wait and see.
The new development management system was introduced at a time of significantly lower economic activity, with fewer planning applications being made. Accordingly, it is probably particularly premature here to seek to draw any conclusions. It is clear, however, there are some difficulties with the new system, and different councils are taking different approaches to addressing these issues; in itself not a particularly satisfactory position. Equally, it is clear that some of the changes made are having an adverse impact. Section 42 applications are major applications if the relevant tests in the hierarchy are met, and therefore require pre-application consultation. The Scottish Government itself is questioning whether this is appropriate or necessary. Certainly such a consultation process may raise false expectations (is the principle of the development up for debate? No!), and equally may be counterproductive. If members of the public become actively involved in a consultation process which in reality is limited in scope, they may feel the process is generally a waste of time.
Possibly the most controversial area of appeals is the use of local review bodies. Again, while it is early days, such information as is available suggests that councils and applicants have had to grapple with a number of issues, and these have not always been dealt with on a consistent basis. By and large, however, the system appears to be operating better than some expected and there has been no legal challenge as yet! The majority of reviews appear to be determined within two months. Many are determined with no particular further procedure, but where some procedure is necessary this tends to be a site visit. Despite the gloomy predications of some, a number of reviews have been allowed – in effect reversing the decision of the planning officer.
Appeals The new appeal system also became effective in August of last year. We
Joint action to allow the public and private sectors to work more closely together … the signing of the Edinburgh Planning Concordat: (from left to right) Ali Afshar, Chair Edinburgh Chamber of Commerce Property Group; Robert Carr, President, Edinburgh Chamber of Commerce; Cllr Jim Lowrie, CEC Planning Convener; and John Bury, CEC Head of Planning. © image courtesy City of Edinburgh Council
© image courtesy of xxxxxxxxxxxxxx
probably need to see what the Chief Reporter says in the Directorate’s yearlyreport to understand how the new processes are operating from the point of view of the decision-makers. While there has been some criticism, using a mixture of processes and procedures in determining one appeal does seem a sensible approach, where appropriate.
Culture change Possibly the most critical area of the changes which was not subject to legislative change – because it could not be – is the somewhat elusive concept of culture change. In many ways this is the most important area where change is required, and by all. Significant changes here will probably take longer to work through but, again, there have been some interesting steps. In February, Edinburgh introduced its Planning Concordat which sets out key areas for joint action to allow the public and private sectors to work more closely together. Aberdeenshire Council has continued with its system of handling major applications, and here the Council take responsibility for getting consultees to attend meetings where applications can be discussed. So, a year in, where are we? In truth, we probably need more evidence to evaluate the new system. However, my impression is that while there are difficulties and issues, the new system is working better than some, including me, anticipated or expected.
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AUGUST 2010
Scottishplanner : FOCUS ON PLANNING REFORM -
Good intentions … Planning consultant Andrew Robinson remains sceptical of two key elements of reform. A lot is expected of our planning system. The White Paper Modernising the Planning System (June 2005) set out the Government’s ambitions including “making it easier for people to get involved in planning and help to shape the future of their communities”. Taken with another modernisation proposal, “to place development plans firmly at the heart of the system to ensure that development takes place in the context of a long term and inclusive vision of the future” … there could be no doubting good intentions. In practice, however, I have doubts that ambitions can be realised. At one level, I am doubtful that sufficient attention is being paid to the rights of the individual to justify the description ‘inclusive’. At another, it seems to me that the architecture of the new system is unlikely to deliver the centrality of the development plan.
Independent and inclusive? On the first point, when acting for non-corporate clients over the last two years, I have had to explain that appeal procedures have changed, and witnessed incredulity when it is explained that for ‘local’ applications there is no longer the right of a hearing and determination by an independent person: “you mean that the authority which refused permission will deal with my appeal?” It did not look good at the time – and it looks no better now.
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‘you mean that the authority which refused permission will deal with my appeal?’ It did not look good at the time – and it looks no better now.
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The White Paper seemed to assume that central government concern in appeals is a function of the size of the development, failing to recognise the importance of fairness and openness as a sine qua non in decision-making, both in the first instance and on appeal, in respect of all sizes and types of development. It is not to doubt the fair-mindedness of elected members and professional colleagues to question an arrangement which they are now obliged to implement. It is the arrangement itself which is inherently flawed. As a consultant, I cannot explain or justify it to clients, and my role as adviser is reduced through the absence of the independent check on the interpretation of development plan policy in individual cases.
Effective development planning? Turning to development plans, I have acted for planning authorities, private sector clients and individuals over the last 20 years. I believe that two-tier planning is not fit for purpose and that the status accorded to plans through s25 of the Act is not justified. I had assumed that modernisation would involve an assessment of the performance of two-tier planning between the mid 1970s and 2000. Instead, Government took credit for the concession that two-tier planning would be confined to the four cityregions – and restricted to a single tier elsewhere – without, apparently, questioning the efficacy of this arrangement in principle. The Main Issues Report for SESplan, recently published, raises issues of which we were already aware and, critically, will take a further two years before submission to Scottish Ministers. Meantime, local development plans are delayed until
City-regions in Scotland ... is two tier planning proving fit for purpose? © image courtesy of Crown Copyright
there is a strategic development plan (SDP) to which they can conform. It is difficult to see how planning authorities in the city-regions can provide the leadership and vision for their areas while awaiting the completion of the SDP. Lord Gill’s memorable phrase1, referring to the former arrangements, that “Structure Plans and Local Plans simply constrain what is a dynamic process within the static confines of an iron frame”, has been much quoted. It is difficult to see, in this respect, much difference between previous and reformed arrangements in the four city-regions. The 2005 White Paper referred to the role of planning in delivering sustainable development and changing the culture of planning. The current arrangements seem to me to stand in the way of achieving both. It is essential that the management of development is carried out within a clear understanding of the strategy/vision for an area – this relationship, it seems to me, is the key to changing the culture. 1
From his lecture given on 21st anniversary of the Scottish Planning and Environmental Law (SPEL) journal.
ONE YEAR ON
RTPI Network Members Join The Debate Sarah Boyack MSP, a member of the Politicians in Planning Association (PIPA), raises key issues within reform relating to consultation and climate change. Planning consultation is now meant to be front loaded with substantial consultation upfront and people given more influence in the development of their communities. But the jury is out on how well the system is actually working. In Edinburgh, planning workshops have become the norm in major redevelopments. However the process has turned out to be so lengthy that we’ve now had high profile sites where the recession has seen developers pull the plug on approved projects. Communities fear that developers are now trying to re-negotiate with a view to dropping the social, environmental and community elements of projects that they had lobbied for. Extensive consultation is no guarantee that final proposals are not hotly contested. Moreover projects can still be thrown out by the Scottish Government.
Sarah Boyack hosting the RTPI in Scotland 80th Anniversary Parliamentary reception – May 2010 © image courtesy Charles Strang
The Climate Change (Scotland) Act 2009 poses further challenges. Requirements on community energy and the need to design low carbon communities has come at a time when developers are more risk-averse and banks are not taking a long term view of development. We need a bigger push by the Scottish Government to make sure that when development picks up again we witness a sea-change and low carbon design and planning becoming standard practice.
Michael Hyde of mh planning, and a member of the Independent Consultants’ Network and the Development Management Network, will be speaking at a Network’s event in Edinburgh – see details on this page. Here he gives a flavour of his thinking… Before establishing myself as an independent planning consultant, I was Planning Service Improvement Officer at Loch Lomond and The Trossachs National Park Authority. One of my key responsibilities was delivering the Scottish Government’s Modernising Planning programme. I became overly focussed on internal processes such as ePlanning and the implementation of the provisions of the 2006 Act, and did not have much contact with the outside world! Now in my new role, and currently working on development proposals across nine planning authority areas, I am constantly amazed by the widely disparate ways in which the reform agenda is being delivered. There are, for example, those authorities that have fully embraced the new development management approach, and will go out of their way to encourage appropriate new development, working positively with developers from the outset to ensure that this happens … and there are unfortunately others who have not yet moved away from the old development control regime, who perceive developers to be the enemy, and thereby work from a presumption that all planning applications should be refused. Since 3 August 2009 there have been a lot of new procedures to get to grips with, but without a genuine commitment to culture change all will have been in vain.
Have your say on … Development Management and the Planning Act – One Year On Has the planning system become more efficient, inclusive and fit for purpose, as the Scottish Government hoped, or have the new procedures simply increased the burden on already stretched Local Planning Authorities? The RTPI Development Management Network and RTPI Independent Consultants' Network are holding a joint meeting on 1 September in Edinburgh to explore experiences of the reforms. The meeting will provide an opportunity to discuss the implementation of the Act in relation to Pre-Application Consultations/Screening; Validation Requirements; Delegation/Pre-Determination
Hearings/Local Review Bodies; and Compliance. Michael Hyde of mh planning will be speaking. Time: 2.00 - 4.30pm Day: Wednesday 1 September Venue: RTPI in Scotland office, 57 Melville St, Edinburgh. Bookings: No charge but places are limited so please book early via www.rtpi.org.uk/ct/EVENT/1067/11/events/1067 or www.rtpi.org.uk/ (follow Networks & Events, then Events Calendar)
Network information - to find out more about these Networks, view via www.rtpi.org.uk/events_awards_and_networking/networks_and_associations/ or email: Independent Consultants’ Network on icn@rtpi.org.uk, Development Management Network on development.management@rtpi.org.uk,or Politicians in Planning Association on pipa@rtpi.org.uk
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AUGUST 2010
Scottishplanner : VIEWS AND NEWS
Scottish Government skills and learning update Confident, practical and motivated professionals are vital to delivering an effective planning system. Investing in individuals to improve their quality of work, productivity and morale will improve an organisation’s performance. The Scottish Government (SG) is therefore providing a range of learning opportunities to support stakeholders:
Over the past year SG has provided an open invitation to stakeholders to attend a two-day placement within Government in order to develop a better understanding of SG’s role in planning and of its goals for delivery of the modernised system. The placements have been so popular that despite being scheduled once a month until the end of 2010, all planned sessions are full, with a waiting list for any future events.
demonstrate that such placements need not be blocked by paperwork and issues such as confidentiality and conflict of interest. Nine participants volunteered for the pilot, and SG paired each with a willing host organisation. Participants and hosts agreed the type of placement that was most appropriate, and worked out logistics. Over the summer, participants will provide feedback on their placements and then SG will consider the future of the scheme.
Scheme of staff development
Good practice
Early in 2010, SG began a pilot scheme of cross-sector work placements to help develop knowledge and understanding of other sectors’ priorities, pressures and work practices. SG wished to
SG is committed to playing an active role in disseminating good practice. National and regional forums have been established to discuss issues, identify solutions and share experience
Placements
in development planning, development management and strategic environmental assessment. Case studies are also being collated that will be developed into an accessible resource on the web. If you have examples of good practice that you think will be of use to others, please contact Carrie Thomson on 0131 244 7529.
Graduate programme The Scottish Government has hosted a four-day programme for 30 recent graduates, to set the context of planning in Scotland and to assist graduates’ transition from education to practice. A wide range of speakers gave insights from their personal experiences of planning. The group also visited the Whitelee Windfarm, while a masterplanning workshop drew the programme to a close. Further details of all these projects are available at www.scotland.gov.uk/planningcc
Opinions on the Modernised Planning System The Scottish Government’s series, highlighting varied experiences as the new system settles in, continues:
Developer Alistair Landells is a Senior Development Planner at Banks Developments Ltd. “It is fairly clear that the new Designing Streets policy is something roads departments are simply not up to speed with yet. Many authorities have yet to take Designing Streets to their committees, let alone adopting this new policy as advocated by the Scottish Government.”
Local Authority David Hammond is a Development Plan Officer at North Ayrshire Council. “Initial optimism is slowly being eroded by a series of practical disappointments. Consideration will have to be given at a national level as to whether the procedures for ‘local’ developments are actually delivering what they were intended to do.” These are personal contributions, not those of the organisations the contributors work for. For the full articles visit: www.scotland.gov.uk/Topics/Built-Environment/planning/modernising/cc/Q/editmode/on/forceupdate/on
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What became of the class of 2009? RTPI Researcher Joanna Stewart and RTPI in Scotland National Director Veronica Burbridge provide a progress report on their research Supporting Planning Graduates into Work: the way forward in Scotland. Research by the RTPI in Scotland is now providing insight into the early experiences in the workplace of the 2009 cohort of graduates from RTPIaccredited planning courses in Scotland. The research, kindly funded by the Planning Exchange Foundation, will provide an understanding of the current employment situation for graduates; their preparedness for and early experience of employment; and their requirements for CPD support and guidance. The study was extensive and involved desk-based study, interviews with
education and training providers, an online survey for graduates, in-depth interviews, a survey of public and private sector employers, and a seminar attended by a range of stakeholders to discuss findings and recommendations. Currently the full research results are being collated and it is expected that the full report will be published this autumn. Prior to the recession, in both Scotland and other parts of the UK, planning graduates were in high demand. There was an escalating shortage of planners leading to insufficient numbers of
planning staff to meet the increasing workloads in some areas . The research is in response to concerns expressed by the RTPI-accredited planning schools during 2009 on the adverse impact of the recession on employment prospects of their planning graduates. The findings indicate that the prerecession situation has reversed, and there is now a shortage of graduate planning positions. Competition with more experienced planners is also making it increasingly difficult for planning graduates to find employment related to their degree.
The study identifies four main issues/areas for action: • the need to maintain contact with graduates and ensure their early involvement in the life of the Institute in Scotland. • the need for regular surveys of graduate destinations and experience. Dundee Planning Graduates 2009 © image courtesy Tracey Dixon
Key findings from the research so far … Main difficulties facing 2009 graduates were the lack of jobs and the increased competition for jobs. Employment status: half of the 105 graduates from accredited planning schools in Scotland in 2009 responded, of whom 42% were engaged in planning employment, 10% were employed in a related built environment field and 24% were unemployed. Working in planning? 20% of 2009 planning graduates are known to be n planning employment, and of these 25% were concerned about job security. The majority of those who were unemployed or ‘not employed in planning’ were looking for planning employment. The value of hands-on-experience: graduates with practical experience were more likely to be in planning employment than those without this. However, whilst employers value placements, budgetary cutbacks are making it increasingly hard to provide them. Input from planning practitioners and ‘live projects’ is seen as increasingly important in linking theory and practice and in preparing students for working life. Support from public and private sectors: this was varied for both students and licentiates. Support for licentiates is widespread and increased awareness of the APC process amongst employers would be helpful.
• the design and provision of good quality work placements of different types and duration across the public and private sectors. • the need to increase the awareness of employers of the APC system. In order to tackle these issues, the research recommends that the Scottish Planning Education Forum (SPEF) establish a group to agree an action programme, allocating tasks amongst stakeholders.Various specific actions are suggested for consideration, including developing a ‘Buddy Scheme’ linking planning students and practitioners, and research on the design and delivery of placements to support their development – with the creation of a placements register. New ways of providing practical experience could also be investigated including co-operation between employers and universities on both research and ‘live projects’. 15
AUGUST 2010
Scottishplanner : VIEWS AND NEWS
News and events RTPI News
West of Scotland Chapter Convener John Walls presents prize to winner Peter Russell (left)
Same Chapter, Different Award John Walls reports: Following the report in June’s Scottishplanner on our University of Glasgow 2010 Student Awards, the Chapter has now presented its Awards for Excellence for students of Strathclyde University’s Urban Design MSc Programme - a collaboration between the University and ourselves. Vice-Convenor Iain Hynd and I attended the University’s Annual Exhibition on 11 June to view students’ work and make the presentations. The Chapter’s panel of assessors thought that all submissions were of the highest quality - a credit to the students, the tutors and the University. In particular, the urban design building code analysis approach developed by Strathclyde’s Urban Design Course has given students a very useful toolkit to help develop proposals. The enthusiastic teaching of tutors Sergio Porta and Ombretta Romice cannot be underestimated too. Peter Russell from Chicago was the winning student. The panel considered his design offered an eminently deliverable solution. We liked its overall urban form and the many ideas integrated within it, for example: the ‘market plaza’; the opening-up of the river frontage by a
sculpture park and maritime-based attractions; the cross-river link strengthening economic and tourism links; and the pedestrian network. These features respected the heritage of Govan, providing a strong sense of ‘place’ - a benefit to residents and an asset to the City. Interestingly, Peter said he found resonances between Chicago and Glasgow. I did say to him that Frank Lloyd Wright had been influenced by Alexander ‘Greek’ Thomson, so who knows? Two architects, Darren Baird and Mark Feeley, from the Masters in Advanced Architectural Design received a commendation. Their joint project for Govan was a real tour de force, and the overall analyses fascinated the panel, the block adaptability analysis in particular. They also made an excellent model with simple yet sophisticated lift-out sections to illustrate potential phasing - very imaginative and effective. We also felt that the linkages to attractions and vibrant areas were excellent, the overall vision striking and the delivery stylish and bold. RTPI Performance Survey Could you spare five minutes for this important survey? The RTPI is committed to delivering relevant benefits and services that support members in their careers, and is always keen to hear feedback on potential improvements and on what the services mean to you. We would be very grateful if you could complete this survey looking at current benefits and services and at future development – view at www.surveymonkey.com/s/2QXKDH9
Members News We are sad to announce the death of the following Member of the Institute in Scotland: Audrey Roberts.
RTPI Events in Scotland For further information on the listings below or for the latest information on RTPI national and chapter events in Scotland, go to www.scotland.rtpi.org.uk and see ‘Scottish Chapters’ and/or ‘RTPI national events in Scotland 2010. Sept 28: Working Together to Create Healthy Environments – Living Streets Scotland with support from RTPI Scotland Also in October 6: Planning for Housing Conference – Chartered Institute for Housing Scotland and RTPI (in Glasgow) (Also) 15-16: Young Planners Conference: Planning for Localism – RTPI (in Cardiff)
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Other News and Events Highland Council Wins Homes for Scotland Award
(l-r) Brian Frater, Head of Planning at Scottish Borders Council and Chair of Judging Panel; Richard Hartland, Head of Planning & Building Standards at Highland Council; and Fred MacAulay © image courtesy Homes for Scotland Quality Awards 2010
A value-added service offered by Highland Council in partnership with a number of other national agencies, including Scottish Natural Heritage, Scottish Environment Protection Agency and Transport Scotland, has received national recognition at the Homes for Scotland Awards 2010. The Pre-Application Advice Service for Major Developments, a cross Council service led by the Planning and Development Service, received an award in the Key Agency Working category. The Awards aim to demonstrate the further evolution of the development industry’s commitment to improvement across the board and to give the message that the industry is determined to embrace the many challenges which lie ahead in overcoming the difficulties of the past two years. Highland Council was the only Scottish Local Authority to be short-listed this year. The Pre-Application Advice Service helps by encouraging early and effective consultation, so avoiding some of the difficult situations arising during application process. The Service offers advice on a range of issues including transport arrangements, design, sustainability and community engagement. Councillor Ian Ross, Chair of Highland Council’s Planning Environment and Development Committee, said: “We are delighted to have received this prestigious award which reflects the strong and constructive working relationship between the council and its partners since the inception of this service in February 2009.” See Scottishplanner April 2010 (p13) for an article on the service by Neil Huggan of RTPI Highlands and Islands Chapter – via www.scotland.rtpi.org.uk (click on ‘Scottish Planner’ in lefthand column).
Volunteering in Zambia - interested?
Choma planners and the Chairman of Residents Committee for squatter settlement Chadamali Compound in discussion © image courtesy Peter Cockhead
VSO will be recruiting volunteer town planners over the coming months to work with local and provincial authorities in Zambia to help build planning capacity and assist in implementing their new planning legislation. RTPI in Scotland’s Scottish Executive Committee member Peter Cockhead, who has worked in Zambia on several VSO placements, advises that their new Planning Act will fundamentally reshape planning in Zambia. It will extend the planning framework to cover all of the country, decentralise planning responsibilities to local authorities, and require the preparation of Integrated Development Plans by all planning authorities.
of volunteers, and is looking to rectify this. The Zambian placements might appeal to recently-qualified planners thinking of a career in developing countries, to those wishing to take a mid-career break or, like Peter, to the recently retired seeking a new challenge. Information on VSO volunteering and application procedures can be found via www.vsointernational.org. Anyone wishing to discuss planning and volunteering in Zambia can contact Peter on peter.cockhead@live.co.uk. Read his article in Scottishplanner October 2009 (p10-11) www.scotland.rtpi.org.uk (click on ‘Scottish Planner’ in lefthand column). Planning Performance Statistics Updated statistics on planning performance in Scotland were released by Scotland's Chief Statistician on 13 August. The main findings are: the number of planning applications decided by Scotland's planning authorities decreased from 47,220 in 2008/09 to 40,368 in 2009/10, a decrease of 14.5%. During the same period, there was a decrease of 7% in the number of applications received; the percentage of local applications decided within two months increased from 62.2% in 2008/09 to 63.4% in 2009/10; the percentage of major applications decided in under four months declined from 38.7% in 2008/09 to 37.0% in 2009/10; and approval rates of all applications increased from 92% to 93%.
This recruitment of volunteer planners stems from a partnership agreement between VSO and the Zambian government which includes a commitment to jointly fund 12 international planning volunteers each year for two years. The placements will be a mix of short and long-term, and will form the centrepiece of VSO's Participation and Governance programme in Zambia. Whilst VSO has occasionally placed town planners in different countries, the use of spatial planning as a central element of good governance is a new initiative.
Windfarm visit and planning seminar on 9 September. RenewableUK, formerly BWEA, is again organising tours of windfarms across the UK, with the support of the RTPI. This year in Scotland the visit and seminar will be to Pates Hill Windfarm, near Edinburgh. The session and tour will start at 10.30am and finish at 4pm; for further information and booking view www.bwea.com/planningconferences/2010 /scotland.html
Because VSO has previously rarely offered town planning placements it does not have many professional planners on its register
Scottish Planning and Environmental Law (SPEL) Conference 2010 Infrastructure Investment and Delivery on 16 September; for further information
For their latest news, including their new Friends scheme, view www.planningaidscotland.org.uk/news.asp and booking view http:// iis.idoxgroup.com/events.cfm or contact christine.eccleson@idoxgroup.com A Compulsory Purchase Good Practice Programme seminar will be held in Edinburgh on 6 October 2010. The Society of Local Authority Lawyers and Administrators in Scotland, the Association of Chief Estates Surveyors in the public sector and the Royal Institution of Chartered Surveyors have agreed to co-host the seminar with Scottish Government. Professor Jeremy Rowan-Robinson has agreed to chair the event – full details to follow. Infrastructure and capital investment: innovative ways to fund capital projects. This conference, organised by Mackay Hannah, is to be held on Wednesday 3 November 2010 in Edinburgh. John Swinney, Cabinet Secretary for Finance and Sustainable Growth, will provide the keynote address. More information via: www.mackayhannah.com/home/ (see ‘Conferences’ in lefthand column). Scottish SEA Review. The Scottish Government, SEPA, SNH and Historic Scotland launched this Review at June’s SEA National Forum. It will look at the extent to which SEA has influenced environmental outcomes within Scottish plan preparation and identify opportunities to improve the process. The review team is seeking to engage with those with experience of SEA, either as a practitioner or stakeholder. Those wishing to contribute are invited to attend workshops and/or respond to a survey during late September and October further information will be available at www.scotland.gov.uk/ Topics/Environment/Sustainable Development/14587
Scottish Government News Revised legislation: further minor amendments to the 2004 Fees Regulations, came into force on 9 August 2010 - view the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment (No.2) Regulations 2010 (SSI 2010/280) at www.opsi.gov.uk. New Scottish Government publications and consultations: please see Scottishplanner policy pages (p18-19) for these listings.
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AUGUST 2010
Scottishplanner
Policy briefing
PUBLICATIONS SCOTTISH GOVERNMENT PUBLICATIONS The Government has published a number of documents relevant to planning modernisation. These include outputs from the June Development Planning Forum and Development Management Forums on preapplication consultation; a progress report on the National Planning Framework Action Programme prepared for the Parliament’s Local Government & Communities Committee; and revised planning advice on Affordable Housing and Housing Land Audits (PAN 3/2010). These documents are available at www.scotland.gov.uk. Affordable Housing and Housing Land Audits (PAN 3/2010). (09/08/10) Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment (No.2) Regulations 2010 (SSI 2010/280) (09/08/10) I Renewables Action Plan: Update 2 [Publication] (04/08/10)
I Rural Community Empowerment in the 21st Century: Building a 'Can-Do' Culture [Publication] Report from a seminar on rural community empowerment. Produced to support the development of ‘Speak up for Rural Scotland'. (02/08/10) I Socio-Economic Briefing on Rural Scotland: Access to Services [Publication] Factual briefing paper on access to services in rural Scotland produced to support the development of ‘Speak up for Rural Scotland'. (02/08/10) I Socio-Economic Briefing on Rural Scotland: Demography [Publication] Factual briefing paper on demography of rural Scotland produced to support the development of 'Speak up for Rural Scotland'. (02/08/10) I Socio-Economic Briefing on Rural Scotland: Economy [Publication] Factual briefing paper on economy of rural Scotland produced to support the development of ‘Speak up for Rural Scotland'. (02/08/10) I Socio-Economic Briefing on Rural Scotland: Identifying Fragile Rural Areas
[Publication] Factual briefing paper on identifying fragile rural areas in Scotland. Produced to support the development of ‘Speak up for Rural Scotland'. (02/08/10) I Socio-Economic Briefing on Rural Scotland: Summary [Publication] Factual briefing paper summarising four related socio-economic briefing papers produced to support the development of Speak up for Rural Scotland'. (02/08/10) I National Planning Framework 2 PostAdoption Strategic Environmental Assessment (SEA) Statement [Publication] Strategic Environmental Assessment (SEA) Post-Adoption Statement, prepared in accordance with Section 18 of the Environmental Assessment (Scotland) Act 2005. (30/07/10) I Scottish Planning Policy Post-Adoption Strategic Environmental Assessment (SEA) Statement [Publication] Strategic Environmental Assessment (SEA) Statement prepared in accordance with Section 18 of the Environmental Assessment (Scotland) Act 2005. (30/07/10)
CONSULTATIONS Current consultations to which the Institute may wish to respond are listed below.They can also be viewed on the Scottish Government website at www.scotland.gov.uk/Consultations/ Current. To assist the Institute in preparing representative responses, Members are invited to contribute their views by post or email - see contact details on p2 - ideally no less than 14 days prior to the end of the consultation period.The Institute’s Scottish responses can be found at www.rtpi.org.uk/item/760/23/5/3.
CONSULTATIONS FROM THE SCOTTISH GOVERNMENT AND OTHER PUBLIC BODIES Scottish Government I Consultation on Directive 2009/33/ EC of the European Parliament on the promotion of clean and energy-efficient road transport vehicles This consultation seeks views on the transposition of this Directive. It aims to stimulate the market for clean and energyeffifcient vehicles through public procurement. (27/09/10) I Wider Planning for an Ageing Population - Housing & Communities The report looks at issues facing older people's housing and proposes a number of actions to deliver desired outcomes. (29/09/10)
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I Northern Isles Ferry Services This is a public consulation in advance of the tendering of the 2012-18 contract for these services, and is supported by a series of local consultation events in the Islands. (30/09/10)
I Scottish Ferries Review The Scottish Ferries Review is intended to inform the Scottish Government’s long term strategy for lifeline ferry services in Scotland and influence the next round of procurement of ferry services and supporting infrastructure. (30/09/10)
I Scottish Ferries Review: Strategic Environmental Assessment Covers the Scottish Ferries Review and preparation of the draft Ferries Plan. A second, more detailed assessment will be undertaken of the potential environmental effects of the routes and levels of service proposed in the draft Ferries Plan, as well as any proposals for new and/or amended infrastructure. (30/09/10) I Permitted Development Rights for Microgeneration Equipment on NonDomestic Properties Consultation Section 71 of the Climate Change (Scotland) Act requires the Scottish Government to provide permitted development rights for the installation, alteration or replacement of microgeneration equipment within the curtilage of a non-domestic building. This consultation sets out the Government’s proposals for amending the General
Permitted Development (Scotland) Order 1992 to fulfil the requirements of the Climate Change (Scotland) Act. The Government is required to bring forward the permitted development rights as regulations by 1 April 2011. (08/10/10) I Resourcing a high quality planning system The purpose of this consultation is to seek views on how the planning service could be more effectively resourced and focused on quality of service. This included seeking views on options for amending the fee structure. (15/10/10) I Speak Up For Rural Scotland Consults on advice received from the Rural Development Council on the ways in which Rural Scotland can best contribute to Scotland's sustainable economic growth. (25/10/10)
I Steering the Implementation of Solutions for Aviation’s Objections to Wind Farms in South West Scotland Consultation on potential changes to national planning advice addressing issues surrounding aviation’s objections to wind farm developments in south-west Scotland. It explores the idea of developing advice to planning authorities on the use of suspensive conditions covering aviation objections and expresses a position which Air Navigation Service Providers (ANSP’s) can refer to in deciding where to apply the limited mitigation they are able to provide to safeguard aviation. (26/10/10)
I Independent Budget Review: the report of Scotland's Independent Budget Review Panel - July 2010 [Report]. (29/07/10) Disposal of Land by Local Authorities (Scotland) Regulations: General Guidance [Guidance] Disposal of land by Local Authorities - NonStatutory Guidance. (28/07/10) I Disposal of Land by Local Authorities (Scotland) Regulations: General Guidance [Guidance] Disposal of land by Local Authorities Non-Statutory Guidance. (28/07/10)
I The Impact of Population Ageing on Housing in Scotland [Research Publications] Looks at issues relating to housing stock, support services, adaptations and further related questions. (26/07/10)
I Land Use Strategy: Analysis of Workshop Discussions [Report] (23/07/10)
I Environmental Report: Permitted Development Rights for Microgeneration Equipment on Non-Domestic Properties Consultation [Publication] Report setting out the potential significant environmental effects that may arise as a result
I Social Housing Allocations - A Practice Guide A consultation on a guide for landlords allocating social housing. (29/10/10)
I Consultation on the marine licensing regime under the Marine (Scotland) Act and the UK Marine and Coastal Access Act This consultation seeks views on the new marine licensing regime which will be created through secondary legislation or existing provisions within the Acts. (01/11/10)
I Extension of Coverage of Freedom of Information (Scotland) Act 2002 The consultation seeks views on whether FOI legislation should be extended to cover organisations such as contractors who build and/or maintain schools and hospitals; contractors who run privately managed prisons; contractors who build, manage and maintain trunk roads under private finance contracts; trusts created by local authorities for the provision of certain facilities such as for leisure and culture; Glasgow Housing Association and the Association of Chief Police Officers in Scotland. (02/11/10) European Commission
I Public consultation on the Review of the Environmental Impact Assessment (EIA) Directive Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, as amended; or view via http://scotland.gov.uk/PP (select ‘Environmental Assessment’).
of the proposed permitted development rights for microrenewable equipment on nondomestic properties. (15/07/10)
I Household Formation in Scotland: What does it mean for housing policy? [Research Publications]This paper draws together existing data on household formation change and also changes that are expected in the future in Scotland using General Registrar for Scotland (GROS) data. (15/07/10) I Housing: Fresh Thinking, New Ideas Summary [Publication] (05/07/10)
I SB 10-39 The Wildlife and Natural Environment (Scotland) Bill This briefing contains background information and a description of the main provisions in the Wildlife and Natural Environment (Scotland) Bill on: game law; snares; non-native species; species licensing; deer; badgers; muirburn; and Sites of Special Scientific Interest. The proposals set out in a Government consultation published in June 2009 are discussed, followed by a description of the main proposals in the Bill. (18/06/10)
I Scottish Social Attitudes Survey 2010: Sustainable Places and Greenspace - Research Findings A summary based on data from the 2009 Scottish Social Attitudes survey which enhances the evidence base on the Sustainable Places national outcome and the links between the environment and wellbeing. (01/07/10) I Climate Change in Scotland Annual Report 2009-10 [Report] Annual report of Scottish Government measures related to climate change mitigation and adaptation. (30/06/10) I Cycling Action Plan for Scotland [Publication] (25/06/10)
I SEARS: Customer Perspectives and Experiences 2010 Research Findings No. 12/2010 [Research Findings] Exploring land managers' experiences of Scotland's Environmental and Rural Services (SEARS), how these have changed since the last research project, and areas for further development. (25/06/10)
I The Honey Bee Health Strategy [Publication] To achieve a sustainable and healthy population of honey bees for pollination and honey production in Scotland. (25/06/10)
I Energy from Waste Potential in Scotland A report into the potential for energy from waste in Scotland. (18/06/10)
I The Economic Impact of Wildlife Tourism in Scotland Research Findings No. 1/2010 Current assessment of the economic impact of wildlife tourism in Scotland and an insight into the key trends. (16/06/10)
SCOTTISH PARLIAMENT PUBLICATIONS SPICe Briefings
I SB 10-44 Economic Indicators This briefing provides a selection of indicators on aspects of the Scottish economy. (29/07/10)
I SB 10-42 Property Factors (Scotland) Bill This briefing describes the property services market, including the land maintenance market, in Scotland and considers existing legislative provisions and remedies for resolving disputes with property factors. This briefing also examines how other jurisdictions (the Republic of Ireland and New Zealand) have attempted to address this issue. (29/06/10)
© Image courtesy of Joanna Stewart
CLIMATE CHANGE CORNER If space permits, each set of policy pages from the Scottish Planner will have a small corner devoted to Climate Change matters, giving additional emphasis to those consultations and publications addressing issues of Climate Change mitigation and adaptation, and sharing both problems and solutions. What key references and sources do you use? Tell us about them so we can share them with other practising planners!
I Climate Change Compendium (RTPI) The RTPI’s seven commitments on climate change promotes the vital role that planning must play in adapting to and mitigating against climate change. Browse through the accompanying pages and share your own examples of best practice, questions and (missing?) links with practice@rtpi.org.uk as well as with us at scotland@rtpi.org.uk.
I Sustainable Energy in the Built Environment: Best Practice for Scottish Planners Produced by the Energy Saving Trust with the support of the RTPI in Scotland, the pack aims to provide inspiration through case studies, and signposts users to useful resources to help planners to develop policies and make decisions that promote sustainable energy use and production at a domestic level. (21/04/10) I Climate Change in Scotland Annual Report 2009-10 [Report] Annual report of Scottish Government measures related to climate change mitigation and adaptation. (30/06/10)
Details of Scottish Government publications and consultations are reproduced courtesy of Crown Copyright.
19
AUGUST 2010 :
Scottishplanner Directory Keppie Planning & Development
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