January 2009 – the new era for development management 2 June 2008 Neil Collar Jackie McGuire

Planning reform Development management  Jan 2009 (current estimate)  No information yet on treatment of existing applications – new rules might apply to existing applications if not determined by Jan 2009  On-going consultation - may be further changes

Development management Overview of changes:  Pre-application  Submission  Processing  Deciding  Post-application  Appeals

Pre-application Proposal of application notice – min. 12 weeks pre submission of application Specified consultation and publicity – including at least 1 public meeting Pre-application consultation report to accompany planning application

Pre-application Pre-application consultation  National and Major* developments  EIA development  Some types of buildings > 2,500 sq.m. if no development plan allocation  > 5 houses/ flats if no development plan allocation  Land identified in development plan as open space or green belt

Planning hierarchy  Major developments  Schedule 1 EIA development  Residential houses or > 2 ha  Business/ general industry/ storage & distribution - >20,000 sq.m. or > 4 ha  Roads > 8km  Other development >10,000 sq.m. or > 2 ha

Submission of application Consultation on fees June 08 Planning permission in principle – increased information:  What development will look like  Approx locations of buildings, routes and open spaces  Design and access (DDA) statement No reserved matters applications

Submission of application (cont) Design and access (DDA) statements Neighbour notification – by local authority

Processing of application Processing agreements – national/ major development Right to deemed refusal appeal – 2 months, 4 months for national/ major development

Deciding application Still plan-led but new system of plans All applications decided by local authority New rules on whether decision by councillors or officers Pre-determination hearings – EIA development, or significantly contrary to LDP

Post decision 3 years to start development (currently 5) Notice of initiation of development 3 months to appeal (currently 6) New appeal procedures

Decision Councillors Scottish Ministers Officer LRB Planning appeal Court of Session

Planning appeal  3 months to submit (currently 6)  Restrictions on new matters  Decision/ further written submissions/ hearing/ inquiry

Planning reform Conclusions  More complicated  More expense for developers  Not any quicker  Better outcomes?