COMMUNITY COUNCILS AND PLANNING Portobello Community Council Monday 25 June 2012 Stephen Hajducki And Lesley Carus

AGENDA The role of Community Councils in the planning process What needs permission? The new Permitted Development rights

THE PLANNING SYSTEM Why plan? Planning guides the future development and use of land Planning is about where development should happen, where it should not and how it interacts with its surroundings This involves promoting and facilitating development while protecting and enhancing the natural and built environment in which we live, work and spend our leisure time Careful attention to layout, design and construction should result in places where people want to be Scottish Government, Scottish Planning Policy 2010

THE PLANNING SYSTEM key features 1 The Scottish Government believes that a properly functioning planning system is essential to achieving its central purpose of increasing sustainable economic growth. The way in which the planning system is structured and operated should be directed towards that purpose ….. Scottish Government, Scottish Planning Policy 2010

THE PLANNING SYSTEM key features 2 The planning system has a critical balancing role to play when competing interests emerge in the consideration of future development. It is essential to recognise that planning issues, by their very nature, will often bring differing interests into opposition and disagreement and the resolution of those issues will inevitably disappoint some parties. The planning system cannot satisfy all interests all of the time. It should, however, enable speedy decision making in ways which are transparent and demonstrably fair. Scottish Government, Scottish Planning Policy 2010

Hierarchy of applications National developments designated in National Planning Framework(NPF) Major developments must have pre-application consultation Local developments = all others Not the same process for all! Nation al Major Local

Defining major development The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 Major Developments Description of development 1. Schedule 1 development Development of a description mentioned in Schedule 1 to the Environmental Impact Assessment (Scotland) Regulations 1999(a) (other than exempt development within the meaning of those Regulations). Threshold or criterion: All development. 2. Housing Construction of buildings, structures or erections for use as residential accommodation. Threshold or criterion (a) The development comprises 50 or more dwellings; or (b) The area of the site is or exceeds 2 hectares. 3. Business & General Industry, Storage and Distribution Construction of a building, structure or other erection for use for any of the following purposes– (a) as an office; (b) for research and development of products or processes; (c) for any industrial process; or (d) for use for storage or as a distribution centre. Threshold or criterion (a) The gross floor space of the building,structure or other erection is or exceeds 10,000 square metres; or (b) The area of the site is or exceeds 2 hectares. Etc……..

COMMUNITY ENGAGEMENT what is it? Effective community engagement means ensuring that people are made aware of proposals that affect them as early in the process as is possible they have the facts to allow them to make a contribution they have had the opportunity to engage having made their views known, they get clear explanations of how and why decisions were made Scottish Government Planning Advice Note 81: Community Engagement

THE PLANNING PROCESS role of community council 1 Legitimate public interest in planning extends beyond those most directly affected by a proposal to a wider community of interest. The Government considers that the community council has a special role, representing a broader yet still local view which can be set alongside the comments of those with a more individual interest. Community councils’ local knowledge ….. (makes) them key stakeholders in local planning policy. Scottish Government Planning Advice Note 47: Community Councils and Planning

THE PLANNING PROCESS role of community council 2 The only type of community group with a formal role in the planning system is community councils who are consulted on planning applications. Community councils vary in their extent, set-up and in the issues that interest them so their level of involvement in planning can differ However, they can be very effective in obtaining and conveying views from their members and from other local community groups. Scottish Government Planning Advice Note 3/2010: Community Engagement

THE PLANNING PROCESS what should you focus on? “… community councils are advised to limit their attention to proposals which raise issues of genuine community interest; householder applications will rarely involve issues of this kind.” “ … helping to provide an informed local context within which sensible decisions can be made …” Scottish Government Planning Advice Note 47: Community Councils and Planning

The application journey 1 Pre-application consultation Community council involved Submission of application Validation by planning authority Weekly list to Community Council, neighbours notified, advertised in Evening News (Friday). Available On-Line Consultation Major applications sent to Community council for consultation. Others need to be requested / community council representations Consideration and preparation of Report of Handling Planning case officer may seek to clarify issues in consultation responses or representations. Available On-Line

The application journey 2 Decision under delegated powers, by Subcommittee (non-presentation, presentation or hearing) or by Council If a hearing takes place, community council has the right to be heard provided it has submitted views in writing before. Negotiation of legal agreement and issue of Decision Notice Available On-Line Local review or appeal to Scottish Ministers Community council and other “third parties” only have an opportunity to speak if a hearing or inquiry is called.

THE PLANNING PROCESS what do we do for you?  Provide a Weekly List of new applications received  Agree a point of contact within the community council  Regular updates at Civic Forum meetings  Remind community councils about consultation arrangements / arrange training  Allow 21 days for comments from date of registration / advert  Direct developers to community council at Proposal of Application (PAN) stage for major applications  Always consult on major applications  Can make plans available to borrow for meetings  Exercise discretion in permitting longer periods in certain circumstances (mainly for major proposals)

THE PLANNING PROCESS what should you do?  Community councils should appoint a planning spokesperson  Consider appropriate method of assessing local applications  Meet timescale for comments of 21 days so that key issues are quickly identified  Request consultee status within 7 working days of Weekly List date if it is a major proposal needing extra consideration  …. and then respond within 21 days from the consultation  Request further extension for consideration if proposals are complex/controversial or require you to survey local opinions

PERMITTED DEVELOPMENT Not everything that is built requires planning permission Is it Development? Is it Permitted Development? Is it acceptable?

What is development? Town & Country Planning (Scotland) Act Section 26 (1) “the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.”

DEVELOPMENT Exceptions Internal works and works which do not materially affect the external appearance of the building Works to roads, statutory undertakers, ancillary uses, agriculture and forestry

PERMITTED DEVELOPMENT Some developments can go ahead without planning permission Permitted Development Rights (PDR) are set out in the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 This has been updated several times and now has over 70 different classes of PDR

PERMITTED DEVELOPMENT Householder Rights Many small alterations and extensions can be carried out without planning permission. But there are limitations, especially for Flats Houses in Conservation Areas Listed Buildings

PERMITTED DEVELOPMENT Householder Rights Outside CAs on non-listed houses: Enlargements Roof works including dormers Ancillary buildings Decking & hard surfaces Microgeneration The 1 metre bubble

PERMITTED DEVELOPMENT Householder Rights Outside CAs on flats: The 1 metre bubble Generally: Dormers on principal frontages Balconies and roof terraces always require permission

PLANNING CONTACTS: Development Management Development Management: Waterfront + East teams Major applications –Linda Hamilton Local applications – Paul Devaney Specialist team deals with Listed Buildings applications - Anna Grant Enforcement team - development monitoring Alan Moonie Legal agreements and appeals coordination - David Cooper Application intake and decision issuing - Isobel Kenmure Application validation and neighbour notification - Ken Baillie