Introduction to the planning system for elected members​ May 2017

In this presentation … Cover the main elements of the system​ development plans​ development management Focus on the specific role of elected members in the planning system

Overview of the planning system 32 local authorities and 2 national park authorities are responsible for:​ preparing development plans​ deciding applications for planning permission​ enforcing planning controls​ Elected members have important role in delivering change In 2017 Scottish Ministers consulted on the planning system, the responses to this will help form future legislative changes

Why plan?​ The planning system shapes our environment and influences many aspects of the way we live​ It determines how land is used, how communities take shape and how new developments look and work​ It is about balancing competing demands to make sure land is used and developed in the long-term interests of the public

Role of Elected Members​ You will be involved in planning matters at some stage as a ward member representing the interests of constituents​ You may also be involved in a specialist role on a planning committee or a local review body ​ Code of Conduct emphasises the need for active participation and engagement to inform decision-making

Code of Conduct Provides a framework for your decision making as an elected member​ Supports engagement with constituents and others​ But … planning can be contentious​ Public perception is the most important factor​ Declare potential conflicts of interest

Development Plans​

Development Plans​ Guide the future use of land and the appearance of cities, towns and rural areas​ Legal requirement to for each Planning Authority prepare a Local Development Plan for all areas and update it every 5 years​ In the 4 largest city regions authorities also prepare a Strategic Development Plan​ Plans are supported by Supplementary Guidance Through the Community Empowerment Act, Planning Authorities have a duty to align with Community Planning priorities

Development Plans​ The law requires decisions on planning applications be made in accordance with the plan unless material considerations indicate otherwise​ Members of the planning committee will be involved in the approval of Main Issues Reports, Proposed Plans and the final version of Strategic and/or Local Development Plans prior to their formal adoption by the council You should have a high level of involvement in the preparation of the plan for your area

Development Management

Development Management Legislation defines what development activities require planning permission​ Applications for different sizes of development are dealt with in different ways ​ Two types of consent – permission in principle and full planning permission​ Permission can be granted, granted subject to conditions or refused

Material Considerations​ A planning issue which is relevant to the application​ Can include:​ council policies ​ comments by the public and organisations - the effect of the development on the environment​ Some things are not material considerations e.g. loss of view or effect on property prices

Role of Elected Members Some applications are decided by officers, some are decided at committee ​ All authorities have a Scheme of Delegation, which determines the decision route for applications, this differs between authorities As a member of the planning committee you will need to consider the information which is presented and make decisions in keeping with the development plan

Planning: A Councillors Perspective

Code of Conduct - Applications​ You should listen to and engage with those who have an interest in planning matters​ You should feel free to engage with applicants, agents, objectors or others​ As a ward member, you can support or oppose an application ​ Before the committee meeting, as a member of the planning committee you must not express any opinion that could be interpreted as supporting or opposing an application

Appeals & Local Review​​ If an application is decided by officers, the applicant can have the decision reviewed by the Local Review Body​ Local Review Bodies consist of at least three elected members from the authority​ All other appeals are made to Scottish Ministers

In conclusion Use the Code of Conduct ​ Be aware of probity issues​ Engage with communities and other interested parties​ Work with planning officers to make your council’s planning service the best it can be