Update on timings for NPF3 and SPP public consultations

PLEASE, PLEASE, FOR THE SAKE OF YOUR FAMILIES, FRIENDS, COMMUNITIES AND YOUR OWN FUTURES; TREAT THE FORTHCOMING THIRD NATIONAL PLANNING FRAMEWORK, NPF3, CONSULTATION SERIOUSLY

Here is the latest from the Scottish Govermnent Newsletter:

The NPF3 Main Issues Report and draft Scottish Planning Policy will be published after the Easter Parliamentary Recess ( Recessed until 14th April). This will be followed by a 12-week period of public consultation on the two documents which will begin when they are available online. Revised Participation Statements will be published at the same time, which will set out opportunities for stakeholders to get involved in the next stage of the process.

I think that this NPF could effectively end up being a National 'Local' Development Plan for the whole of Scotland.  And we thought the Highland-wide 'Local' Development Plan sounded strange as a concept!

Remember, I really cannot emphasise strongly enough that this National Planning Document will have great power over the local plans - Local Authorities, it appears, will not (and were not, remember 'Tornagrain' and the other developments in the 'A96 Corridor'?) be allowed to deviate from what is set out in NPF3.  And Local Authorities themselves, along with all other parties (landowners/developers/their agents/agencies/'pressure groups/ individuals, will be seeking to influence the content of the NPF3.
(Highland Council NPF3 'Call for National Developments' response here).

 Remember, as far as being in the NPF3 is concerned:

• The purpose of the designation is to facilitate the developments through the consenting process.

As far as the 'consenting process' is concerned; planning applications must be determined in accordance with development plans - unless material considerations indicate otherwise.  So,  if something, which is later likely to be the subject of a planning application makes it into the National Plan then this influences the Local Plan and the weight of both National and Local plans count in favour of granting the application therefore the development is facilitated through the consenting process.  Well, that is my layperson's take anyway.  I'd welcome input from anyone with more planning expertise.

Even if Reporters were to suggest a different course from that set out in an NPF in their  'Examination Reports' , the Authorities would be empowered to go against the Reporter.  

This is because, although:

'61 Examination reports are largely binding on planning authorities...'

Regulation allows for local authorities to depart from Reporter's recommendations that:

a) Would have the effect of making the LDP inconsistent with the National
Planning Framework, or with any SDP or national park plan for the same area;

b) Are incompatible with Part IVA of the Conservation (Natural Habitats etc)
Regulations 1994; or

c) Are based on conclusions that could not reasonably have been reached based
on the evidence considered at the examination.

Section 19(11) of the Act also allows authorities to environmentally assess the
plan following modification in response to recommendations, and to not make
modifications that are not acceptable having regard to that assessment. 

[For more details on Development Planning See Circular 1/2009]