News In Focus

21 December 2005

Major planning reforms revealed in bill

The new Planning (Scotland) Bill unveiled yesterday is "the most fundamental and comprehensive reform of the planning system" in more than 50 years, according to the Scottish Executive.

The reforms, which implement the proposals in the white paper "Modernising the Planning System", published last summer, are seen by the Executive as a key tool for supporting the economy. The planning system will be speeded up by classifying certain developments as of national importance and limiting the time allowed for appeals against decisions.

This means that projects such as motorways and wind farms could be approved by the Executive without an inquiry to establish whether they should go ahead or not.

National and local plans

Part 1 of the 10-part bill proposes a National Planning Framework for Scotland, which would give the Scottish Parliament the role of approving the framework every four years.

Under other provisions, local authorities will need to maintain up to date, relevant and accessible development plans that have been drawn up with the full participation of local people and with a full assessment of their environmental impact. Ministers have turned down calls to introduce a third party right of appeal against granting of planning permission in favour of local involvement at this stage.

Planning proposals will be broken down into four categories - national, major, local and minor. Minor developments will not need planning permission, although inquiries are continuing into what falls under this category.

Enforcement charters

A new system of "enforcement charters" to be adopted by each authority will contain the rules that developers must follow when carrying out approved work. Companies who do not disclose previous incidents of breaching planning conditions will face fines of up to £20,000.

Another part, headed "Business improvement districts", will allow local businesses to invest collectively in improvements to the area they operate in.

Communities Minister Malcolm Chisholm said: "Sustainable economic growth needs a modern planning system to speed up decisions, reflect local views and allow quicker decisions for businesses who want to invest in Scotland.

"This bill makes sure that local people's views will be properly listened to before developments can take place."

New measures

The National Planning Framework is one of a number of proposals additional to those in the white paper. Others, include new obligations for the planning system to contribute to sustainable development; greater transparency in the handling of local authority interest cases; and additional measures to enforce planning control. Some of these have still to be introduced during the bill's parliamentary passage.

The Scottish Parliament's Communities Committee is calling for evidence from all interested parties on the general principles of the bill. The committee is seeking written evidence on the general principles of the bill, including the National Planning Framework.

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