Back to Basics: to grant or to refuse planning permission

Extract:

Development management (formerly called development control) is the term used for the process of deciding whether to grant or refuse planning permission and other related consents. Planning authorities normally deal with applications for planning permission. Scottish Ministers become involved in a very small minority of cases, but only do so only where it involves a matter of genuine national interest.The Town and Country Planning (Scotland) Act 1997 requires that decisions on planning applications should be made in accordance with the development plan unless material considerations indicate otherwise. Material considerations should be related to the development and use of land. More information on material considerations is provided in Annex A of Circular 4/2009 Development Management Procedures.

MORE INFO Here

Back to basics; a very simple guide to the planning system

For a very straighforward guide to the Planning System in Scotland please click here

Planning Info Round-up; Highlands and Islands Region

A quick round up of other parties putting forward candidates in the Highlands and Islands Region; it seems that most of the web based information provided by all the parties listed below is light on specific detail regarding planning issues. Please feel free to point me in the direction of more info.

• All Scotland Pensioners Party ; Scottish Senior Citizens Party click here

• Ban Bankers Bonuses, details here The Objectives of the Party are to: Protect our communities from the irresponsible behaviour of Banks, the Financial Sector, Political Parties and other powerful organisations.

• BNP Scottish Manifesto here

Having difficult electronic problems cutting and pasting sections out, information best accessed directly from the manifesto at the link above; planning related statements are in a separate section within the manifesto but also some statements in others sections also. It is not too long so reasonably easy to read through quickly.

• Christian Party "Proclaiming Christ's Lordship"

Scottish Christian Party details here and here; campaign leaflet with main policies and a few statement listed here. Among the statements in a, 'What People are saying' section on the front of the SCP campaign leaflet are:

“Put the Inverness Trunk Link Road up the agenda along with the canal and river Ness
crossing.”

“Develop the transport infra-structure of the north and western Highlands and Islands.”

“Support a new container transhipment hub port at Scapa Flow, increase trading
north to south, and double Scotland’s trade.”

(The link from the leaflet to the manifesto seems to be broken)

• Scottish Socialist Party link here

• Socialist Labour Party link here

• Solidarity - Scotland's Socialist Movement web pages here

• The Liberal Party web pages here

• UKIP's reference to planning matters; UKIP manifesto web page here:

Subject all wind-farms to democratic planning procedures. Owners of existing wind-farms rejected by planning committees will pull them down at their own expense.

Make carriageway doubling on the A9 from Perth to Inverness a priority.

Greens on Planning Issues

Scottish Green Party Manifesto here
Main highlights on planning (this manifesto does not have a separate section on 'Planning' and planning related items are embedded within various sections of the document so I have tried to identify the main points).

• We’ll review the operation of the 2006 Planning Act with a view to restoring planning’s original purpose of achieving development which is in the public good, instead of placing economic growth above other priorities. The rights of developers and communities must also be revisited, and we’ll consult on a workable balance of appeal rights. We’ll ensure that urban communities can assert a right to buy land and community facilities.
  

• We’ll empower community councils to take on a legal role in decision making through planning and local urban design policy, including working towards greater localisation through democratic Common Good Trusts.

• Local community empowerment is an agenda which Holyrood must embrace instead of seeing it as a threat. Our support for Common Good Trusts and the democratic control of local assets offers new ways to devolve control to the most local level.

• We’ll introduce health impact assessments into the planning system, and ensure that health is taken into account in all other Government policies.

• A tax on land values would reduce the speculative holding of land. The owners of disused land and properties would face a levy giving incentives to the productive economic use of land, where local communities require it and where it’s consistent with planning rules.

• The land reform agenda has stalled. We will give fresh impetus to this area of policy through the new Common Good Act and a Land Rights Law Centre to help communities assert their rights. We’ll consult on proposals to bring the administration and revenues of the Crown Estate under local democratic control.

• A Land Value Tax would help to reduce the cost of housing and business premises, and would also recoup a share of land value increases which arise from public investment. Land Value Tax would be fairer, more environmentally friendly, and would benefit the economy. Many small businesses in particular would benefit.

• We oppose the proposed new coal-fired power station at Hunterston, and would use the planning system to prevent further nuclear and coal expansion.

• With better use of the planning system the distance people need to travel to work and to access services can be reduced. A ‘Living Streets’ approach will build neighbourhoods that are safer, healthier and happier.

• We’ll oppose the return of any form of aviation subsidy, and use the planning system to prevent further capacity expansion in Scottish airports.

• Many communities oppose the expansion of large-scale incineration, and the planning system must protect their interests. Energy generated from burning waste is not renewable, and such developments would not be given public subsidy, nor do we back large-scale biomass plants.

• Many communities oppose the expansion of large-scale incineration, and the planning system must protect their interests. Energy generated from burning waste is not renewable, and such developments would not be given public subsidy, nor do we back large-scale biomass plants.

Scottish Conservatives and Planning

What the Scottish Conservative Manifesto 2011 says in relation to 'Planning'

Manifesto here

• ...we will create a new dedicated Cabinet level Minister for Enterprise and Jobs, taking responsibility for Enterprise, Planning, Transport and Infrastructure. This post will replace the two existing junior ministerial posts.
  

• Despite the new Planning legislation, it is clear that the current regime is not helping drive economic growth. We will therefore establish a business-led review of the planning system to report by March 2012 on how we can improve the design and operation of the planning regime to raise economic growth whilst recognising local needs and wishes.

• To address the difficulties that developers and self-builders have in getting new properties connected to the mains water supply, we will impose upon Scottish Water a requirement to complete the work within three months of planning permission in detail being granted for development.
  

• To safeguard Scotland’s landscape, we will introduce national strategic planning guidance for onshore wind to prevent inappropriately sited or sized windfarms. This will provide certainty to both communities and developers.
  

• ...we will amend National Planning Framework 2 in order to designate the replacement of existing nuclear power generating capacity as National Developments.

SNP Manifesto 2011; what will SNP do for planning?

Manifesto here

With respect to what I would regard as impinging on the planning issues:

• We are working to make Scotland a more attractive location for investment. We want to make it easier for international companies to set up here in Scotland and will review and reform investor support to ensure that the system of planning, grants, skills and other support is co-ordinated and simplified for inward investors. We will maintain investment in grants designed to attract inward investment and will establish four new Enterprise Zones. We will explore the creation of one or more Low Carbon Enterprise Zones as a way of attracting new green energy and low carbon companies to set up in Scotland.

• We will take forward a series of new improvements to the planning system. This has been a key priority of the SNP since 2007 and we know that a more efficient and effective planning system will be good for investment and growth. The improvements, set out in detail in the Scottish Government’s Economic Recovery Plan, will speed up planning decisions, avoid unnecessary delays in new development and act as a boost for the construction industry. We will continue to press all public authorities to improve planning performances.

• In particular we will take forward an approach which involves communities at an earlier stage and engages them more effectively in the design of developments. The current pilot projects suggest that this brings benefits for the developments and the communities involved. We also want to see a wider understanding of the planning system, and a recognition of the important role planners have in the creation of more sustainable communities and in the delivery of higher levels of sustainable economic growth.

• Other priorities include helping unlock developments currently stalled due to infrastructure needs, improving the compulsory purchase process, and ensuring cost and efficiency benefits through reform of planning consents.

• We are providing updated online planning advice for renewable energy technologies. This will set out the way SEPA and SNH will interact more proportionately as consultees in developmentplanning and management. We will continue to work over the next five years to ensure Scotland’s planning system encourages sustainable development.
  

• We have just recently made it easier for owners of public buildings and businesses to generate energy using technologies such as solar panels without requiring planning permission. The initiative will apply for solar thermal panels, solar photo voltaic panels, pipework for ground source heat pumps and water source heat pumps and biomass boilers.

• Our plans include taking forward Tax Increment Finance (TIF). The go-ahead has already been given for the use of this innovative financing mechanism, and it is now successfullyleveraging new private sector investment to support the regeneration of Leith Waterfront and new economic activity in that area. We are working with other cities and other parts ofurban Scotland to identify projects suitable for TIF, for example the Buchanan Galleries in Glasgow, which will deliver tangible improvements to community renewal across the country.
  

• We will work with the cities to develop a more flexible regulatory framework which empowers them to develop alternative financing models and will also enter discussion with our city councils and others on the granting of a general power of competence to enable our cities to do more to deliver higher levels of sustainable economic growth. And, a part of this we are sympathetic to calls for a move away from short to longerterm funding streams to enable more effective long term planning and support infrastructure investment in particular.

Sadly this observer has not been impressed with what this Government has done so far with respect to helping communities engage with the planning system.

I and many others in our local communities I'm sure would be more than happy to engage with whatever Government comes to power after the next election to ensure that the views of communites are held in higher esteem that they appear to be at the moment.

Delnies planning application determination

News just in:

Delnies may go before the INBS PAC July 2011

Please contact me via apt email for further info should you require it.

Information just received from the Highland Council

...two important documents that have now been published by the Council. They are both available online at www.highland.gov.uk/developmentplans, and for reference in Highland Council Service Points, Libraries and Planning Offices during normal opening hours (from Tuesday 19^th April).

DEVELOPMENT PLAN SCHEME – SPRING 2011 sets out:

· A timetable for producing land use plans for the Highlands (including the Highland-wide Local Development Plan and the Inner Moray Firth Local Development Plan);

· How you can become involved in planning for the future of your area.

ONSHORE WIND ENERGY – DRAFT SUPPLEMENTARY GUIDANCE is available for public consultation and:

· supplements the Highland wide Local Development Plan;

· will replace parts of the Highland Renewable Energy Strategy and Planning Guidelines (2006).

If you would like to request a printed copy or copy on CD, please contact the Development Plans Team on 01463 702259 or devplans@highland.gov.uk If you have any questions about the content of the draft supplementary guidance, please contact David Cowie on 01463 702827 or devplans@highland.gov.uk

If you would like to make any comments on the draft supplementary guidance please do so in writing by 5pm on Friday 24 June 2011 using any of the following methods:

· By email to: devplans@highland.gov.uk

· By post to: Director of Planning and Development, Planning and Development Service, The Highland Council, Glenurquhart Road, Inverness IV3 5NX

· By fax to: (01463) 702298

Inverness Airport Business Park; when the press comes calling

Yesterday teatime I received a call from the P and J asking for a comment on the news they gave me; news that development was at last going to start on farmland set aside for the proposed Inverness Airport Business Park.

As is always the case APTSec was unable to provide the reporter with a 'soundbite' response, given; the complexities of the planning process, my lack of precise recollection of the exact wording of the particulars of our response to the Airport Business Park Planning Application (as I stood in my kitchen at teatime), the fact that I knew little of the particulars of this 'new deal' and it was clear that a very quick (and potentially short) response was going to be needed by the paper.

Unfortunately I cannot access any details on the paper's web site (not being a subscriber) and have not as yet had an opportunity to purchase a copy of the paper so I cannot comment on any of the material in the P and J at this moment.

I have, however, been able to access an item in the Scotsman here

The Scotsman item states that:

AN INDUSTRIAL property firm has agreed to pour £30 million into developing more than 400,000sq ft of business space at Inverness Airport.

The Roxhill development will account for 30 acres of the 250 hectare Inverness Airport Business Park, which forms part of the A96 "growth corridor", linking Inverness and Nairn.

Going back to the Officer's Report to the Inverness Planning Committee (Jan 2010, at which OPP was granted), the report notes that the application was for the development of a business park within 200ha of land west and south of Inverness Airport with development expected to extend over a 50 year period in four distinct phases to 2011, 2021, 2041 and 2061.

The granting of planning permission in principle for a business park upon 200ha of land was dependent upon a number of conditions including that, ."...a 'masterplan' for the whole site shall be submitted, for the prior approval of the planning authority in advance of any subsequent matters specified by condition, which include..." etc

On further reading of the 2010 committee report it is worth noting that the transport assessment submitted by the applicant at that time could not rigorously support development proposals beyond 2021 and only 71,344 sqm of development can come forward in phase 1 (doing a quick on-line calculation to convert the 400,000sq ft gives approx 37,000 sqm for the 'new deal'). Within phase 1, after the occupation of 36,044 sqm gross floor space, improvement of the Mid Coul Roundabout, improvement of 3 short sections of the B9039 (to be examined) and funding (yet to be agreed) for enhancement of pubic transport services are all required. With regard to the further 3 phases, a commitment in principle to the A96 funding protocol was also required.

So as far as the planning process is concerned, there is still a way to go. It is also worth noting that the adopted Inverness Local Plan sets aside less than 80ha for a fully masterplanned economic initiative at the airport and the new Highland-wide Local Development Plan, Proposed Plan (20 year timescale) makes little reference at all to the plans for a business park - please see comments summarised under Issue 9 which will be considered by the Reporter.

Focus on economic growth reinforced through party Manifestos

We approach the Scottish Parliamentary elections and the parties are publishing manifestos. APTSec was thinking this morning about posting on how each party will approach planning. (The SNP manifesto is not yet published but readers of the blog will be conversant with official Government statements on planning reforms to date).

The Lib Dems' statements on planning include:

• Support a flexible and well-resourced planning and development regime to help speed up consents, reflect local views and allow quicker decisions for businesses who want to invest in Scotland. We will make economic development a material consideration in the planning process to help get development projects off the ground more quickly.

• Using planning regulations to create an innovative Home On The Farm scheme for more affordable homes from disused and underused farm buildings, giving farmers a new income, ensuring farm succession and providing homes for local people.

• Encourage the use of feed-in tariffs to benefit people who install small-scale renewable electricity generation and change planning regulations to support these and renewable heat measures in homes and businesses.

• Provide much-needed local housing by bringing Scotland’s 70,000 empty homes back into use, giving housing associations more flexibility and helping meet rural needs through community land trusts.

• Work with stakeholders to review the current forestry target and agree an ambitious forest planting strategy. We will increase annually the net productive forest cover and support our timber industries. We will, however, avoid disproportionate burdens on communities and protect good agricultural land.

• Work with communities and developers and operators to guarantee fair and meaningful community benefits from commercial renewable energy developments, including allowing communities that host projects to keep the additional business rates they generate. We will seek to combine this with our proposals for community land trusts, so land and housing can be bought and paid for by the energy generated within the development.

• Strengthen the Land Use Strategy with clear objectives and actions to fight climate change and help manage the competing demands on Scotland’s natural environment. This will include action to restore and protect Scotland’s valuable peatlands and woodlands and a sensible siting strategy for new renewable energy developments.

• Develop community land trusts to secure and develop land within remote or rural communities providing affordable local homes to help keep rural areas vibrant.

The latest from Labour covered by 'Planning Daily' (By Jamie Carpenter Thursday, 07 April 2011) link here

Extract:

"The party’s 2011 election manifesto, published yesterday, says that the party would carry out a "health check" on recent changes to Scotland’s planning system, "updating the National Planning Framework with wide input from industry to ensure that it is delivering for Scotland".

The party’s manifesto says that economic benefit "should be one for the key considerations when making planning decisions". "We want to see a culture in planning that tries to assist economic growth and sustainable development, while also taking into account other factors, such as the impact on communities," the manifesto adds.

The manifesto also says that the Scottish Labour Party would create a new "city growth fund" to support Scotland’s cities, alongside "new powers and responsibilities to drive growth".

The party would also "ensure that local authorities can retain a proportion of all business rates raised through increased economic activity," the document says."


I have had a quick look through and other statements made in the Labour Manifesto include

• Our aim is to ensure the very best standards of architecture and building design are met, in school-building projects and all new government-funded building programmes. We will seek to strengthen the skills and capacity of local authorities to promote good design, and ensure that quality and excellence are at the heart of the planning system;

• We will therefore prioritise the creation of green jobs in renewable technologies – aiming for up to 60,000 by 2015 – and will speed up the granting of planning consent and build export opportunities to achieve this;

• We will encourage the development of marine technology by doubling the value of the Saltire prize to £20 million. Any application for consent to new nuclear capacity will be considered on its merits, in terms of safety, environmental impact, the local community and other planning considerations.

So how will we build affordable housing now?

The Chief Planner writes to 'Heads of Planning' (at local authorities) on behalf of the Scottish Government:

(Extract, letter 15/03/2011)

I am writing to you now regarding requirements for developers to contribute towards affordable housing. In particular I would like to raise the importance the Scottish Government attaches to planning policies, and the implementation of these policies, reflecting the current economic climate.

Scottish Planning Policy (SPP) states...

My letter of 29 October 2010 stressed the importance the Scottish Government places on removing constraints to the development of housing land in the current economic climate. Authorities will also be aware of the significantly lower levels of public funding that are likely to be available to support the development of affordable housing in the coming years. In these circumstances I suggest that authorities, in drawing up and implementing planning policies on affordable housing, should consider:

• Whether contributions of 25% or more are likely to be deliverable in the current economic climate. Levels of affordable housing requirement that act to stifle overall levels of housing development are likely to be counter-productive. In certain cases the effect could be that development would not proceed at all.

• The nature of affordable housing need in an area and the extent to which this can be met by proposals capable of development with little or no public subsidy. It is counter-productive to secure land for proposals requiring high levels of subsidy unless the authority is confident that a source for this subsidy can be identified.

So what will this mean in practice? What will happen to developments needed to contribute to affordable housing numbers; developments which are also heavily dependent on the provision of road infrastructure requiring subsidy for their viablity?

Highland's 'Housing Need and Demand Assessment' states:

The vast majority of affordable housing requires to be social rented – shared equity or mid-rent housing can take only a small fraction of households in housing need out of it.

And it is also said that some areas (Nairn perhaps?) need more social housing than 'Market Value' to keep up with the need.

See here for full letter.

(Thanks to Nairn contact for sending the link.)

Environmental treasure trove

You have often heard APTSec complain of being drowned by documentation. Well I am trying to cast my mind back to first quarter 2010 to think what it was that commanded so much of my attention that I missed a very important piece of paperwork, the rather sexily titled, 'Planning Advice Note 1/2010' The Strategic Environmental Assessment Of Development Plans:

This Planning Advice Note 1/2010 states amongst other things:

The central aim of Strategic Environmental Assessment, SEA, is to help ensure that the environment is given the same level of consideration as social and economic factors within the plan. It can do this by promoting:

• integration of environmental information into the plan preparation and
adoption process;
• early dialogue with consultees, particularly those with environmental
expertise, but also the wider public;
• full and objective consideration of alternatives to ensure that the best
environmental options are identified and taken on board as far as possible;
and
• transparency of decision-making, through the publication of the postadoption
SEA statement.

Highland Council has been required to prepare a lot of Environmental Assessment documentation which can be seen in one place via this database here on the Scottish Government web pages.

15 Election Candidates across Highland

The latest from THC web pages:

A total of 15 candidates across the three Highland constituencies are seeking election to the Scottish Parliament on Thursday 5 May.

In Caithness Sutherland and Ross, four candidates are seeking election. They are:- Rob Gibson (Scottish National Party (SNP)), John MacKay (Scottish Labour Party), Edward Mountain (Scottish Conservative and Unionist Party), and Robbie Rowantree (Scottish Liberal Democrats).

Five candidates are vying to represent Skye Lochaber and Badenoch. They are:- Ronnie Campbell (no affiliation), Kerensa Carr (Scottish Conservative and Unionist Party), Alan MacRae, (Scottish Liberal Democrats), Linda Stewart (Scottish Labour Party), and Dave Thompson (Scottish National Party (SNP)).

The Inverness and Nairn Constituency will be a six-cornered contest involving:- Donald Boyd (Scottish Christian Party “Proclaiming Christ’s Lordship”), Ross Durance, (UK Independence Party), Fergus Ewing (Scottish National Party (SNP)), Christine Jardine (Scottish Liberal Democrats), Mary Scanlon (Scottish Conservative and Unionist Party), and David Stewart (Scottish Labour Party).

A total of 14 parties or individual candidates are nominated for election via the Highland and Islands Regional List. Seven candidates will be elected to represent the region on the Scottish Parliament.

Full item here

Election 2011

How do you decide who to vote for? Do you already know beforehand who will get your vote; or does the place where you put your mark on the ballot paper remain a mystery until you stand in the booth, pencil in hand?

I am sure that it would not surprise you if I said that how I'd been treated by politicians - when I'd approached them to help us with various planning issues - will have a bearing on my personal decisions at the polling station.

I am not talking about whether or not a politician took a view on a particular development which was akin to or opposed to mine; no, I am thinking about whether they actually sought to engage with the issues, listened and then spoke honestly about how much the system allowed them to do on our behalf in a fair manner.

In my experience the much vaunted planning reforms are failing the public and APTSec would look to whoever was elected to represent us to be willing to remedy that failure.

What do you think?

Have you written or spoken to local politicians on planning issues? Did that communication help to resolve the problem or issues that you had? Were you impressed?

Inner Moray Firth Plan - call for sites

From the Council's web page:

The Highland Council is to produce a new style local development plan for the Inner Moray Firth. The Plan area covers from Tain round to Nairn, as far south as the Cairngorms National Park boundary and Fort Augustus, and as far west as Strathconon and Garve.

The current Plan phase is a “Call for Sites”. This is a call to communities, landowners, developers and agents to suggest sites for protection or development.

We would welcome any suggestions to be received by Friday 29th April 2011 which should be made by reading the following guide and filling in the following forms:

• Call for Sites Guide and Forms (doc 2794kb)
• Site Forms Word Template (doc 127kb)
• Site Forms Excel Template (xls 45kb)

For web page click here