1. Update on New Planning Act and Implications for Community Councils
A.K Bell Library
7 September 2009

2. Agenda 1. Introduction Gordon McFarlane, Planning Change Manager
2. Development Plans: Update
Peter Marshall, Planning and Sustainable Development Manager
3. Development Management (Planning Applications)
Nick Brian, Development Quality Manager
4. Enforcement
5. Future Planning User Forum and Final Questions
Gordon McFarlane
24 February 2019

3. Introduction The Planning etc. (Scotland) Act 2006
Secondary legislation published December 2008
Previous training meetings with CCs in February and March 2009 before PKC procedures known
New Development Plan system started February 2009
New Development Management system started on 3 August
CCs asked in Feb/March for more training when details known.
Government expects associated ‘culture change’: planners, developers and communities expected to act more co-operatively
Emphasis on ‘frontloading’ the system: more emphasis on involvement in preparation of both Plans and applications.
24 February 2019

4. Planning and Sustainable Development Manager
2. Development Planning
Peter Marshall,
Planning and Sustainable Development Manager
24 February 2019

5. ‘Old’ Plans: update Structure Plan amendment: Local Plans
Draft Local Plans
Supplementary Guidance
24 February 2019

6. Strategic Development Plan
Covers Dundee, Perth and Kinross, Angus and North-East Fife
TAYplan
Joint Committee
Small core team, office and website established
Secondments from constituent authorities
Timetable agreed
Slippage in timetable
Implications for the Local Development Plan for PKC

7. Local Development Plan
The Development Plan Scheme approved in March 2009 sets out:
Only one Local Development Plan for PKC
Timetable for the preparation of the LDP
Participation Statement stating when, how and with whom consultation will take place and proposals for public involvement

8. Local Development Plan:
update since March
Initial work on Main Issues Report
Further work on participation
Revised timetable
Progress on Supplementary Guidance

9. 3. Development Management
Nick Brian
Development Quality Manager
24 February 2019

10. Development Management
Increased “permitted development” rights
Procedural changes for all applications
Procedures particular to Major developments
Procedures particular to Local developments
24 February 2019

11. Increase in ‘Permitted Development’
Final proposals now expected in November
Implementation by end of 2009
Impact likely to be less than the initial consultation
Unlikely to affect the type of application of interest to CCs
24 February 2019

12. Neighbour Notification
Council (not applicant) notifies neighbours
Notification done when application is ‘valid’
Neighbours are those within 20m rather than previous 4m (or over road plus 4m)
Council does not search for owner in valuation roll – uses advertisement instead
As previously (but now strictly applied) an advert is required if no premises on neighbouring plot to which notice can be delivered
Advert cost sought in retrospect on basis of actual cost that week
21 days for public to comment from date of Council posting notification
24 February 2019

13. Statutory Application Process
‘Report of Handling’ has to include certain information on process, including comments received, consultee comments: useful for CCs
Councils to give reasons for all decisions, including approvals
Front-loading of information in applications expected (but not demanded by legislation)
‘Planning Permission in Principle’ replaces ‘Planning Permission in Outline’
‘Approval of Matters Required by Condition on a Planning Permission in Principle’ replaces ‘Reserved Matters’
Permission for 3 years, not 5
24 February 2019

14. Consultation with CCs Consultation to take place in three ways:
PKC initiate consultation with CC (but normally no plans sent). 21 days from consultation.
CC send in its comments before the expiry date on the ‘weekly list’ sent to CCs (by using public access)
CC asks for a consultation within 7 working days of weekly list. PKC sends acknowledgement (but no plans unless requested) and CC then has 21 days
21 day periods are an extension by PKC of statutory minimum period of 14 days
24 February 2019

15. PKC Scheme of Delegation
New Scheme of delegation approved by Council and Scottish Ministers
Available on planning pages at
Major developments must go to Committee or Council (unless refusal for inadequate information).
Local Developments normally delegated unless there is a Council, Councillor or Chief Official interest, or approval is recommended and the application is contrary to the Development plan or has received 6 valid letters of objection
Cut- off date for public comments to be counted as valid will be 21 days from notification or expiry date of advert which ever is later.
Community Council letters will count towards the six, and CCs will be invited to speak at Committee
Views on a cut-off date for CCs?.
24 February 2019

16. Hierarchy of Applications
Hierarchy of applications now in operation: ‘Local’ and ‘Major’;
Major Applications are:
Housing: 50 or more or site of 2 ha. or more
Offices, Industry, Storage and Distribution: 10,000 sq.m. or 2ha.
Mineral extraction: 2 ha.
Special limits for applications involving energy generation, waste management, roads, fish farming
Other Developments: 5,000 sq. m. or 2 ha. (e.g retail, recreation)
Local - all others
24 February 2019

17. Major Developments: Consultation with Community
A “Proposal of Application” Notice to Council at least 12 weeks before submission
Minimum 12 week period of consultation with Community to include at least one 1 public event, notice in newspaper, consultation with Community Council
Council has 21 days to require further consultation or events
Council not otherwise involved
Major applications to include ‘Pre-Application Consultation Report’
Experience of CCs so far?
24 February 2019

18. Major Developments: Application Process
Major ‘full’ applications to include Design Statement and Access Statement
4-month period for decision
Pre-determination hearing and decision by full Council required if “significantly contrary to Development Plan”
Appeals to Scottish Ministers: Appeal normally to be on basis of existing information
24 February 2019

19. Local Developments Two month period for decision
Delegated refusals of Local applications appealed to a Local Review Body of three Councillors, not to Scottish Ministers
This ‘Review’ may be limited to existing information
Local Review Body to meet monthly
Non-delegated refusals appealed to Scottish Ministers
Design Statement needed for some Local developments: in Conservation Areas, Historic Gardens, National Scenic Areas and in curtilage of Category ‘A’ listed building
24 February 2019

20. 4. Enforcement 5. Forum and Questions
Gordon McFarlane
Planning Change Manager
24 February 2019

21. 4. Enforcement and Monitoring
Enforcement Charter: Will Clarify PKC process and policy – later in 2009 (Scottish Government circular awaited)
Improved Monitoring:
‘Notice of Initiation of Development’ : 1 received
Site Notice for ‘Major’ and ‘Bad Neighbour’ developments: none yet
‘Notice of Completion of Development’ :none yet
Additional powers:
To require submission of application: power commenced, but not used
Fixed Penalty Notices – powers commenced but not used (for not complying with Enforcement Notice - £2,000, for not complying with Breach of Condition Notice - £300)
24 February 2019

22. Planning Users Forum:
Auditing of Planning Services by customers a commitment in “Delivering Planning Reform”
Proposal to set up Planning Users Forum for customers has been welcomed at training for CCs and applicants/agents and is also supported by Government agencies,
First meeting proposed in November then meet twice a year
16 members: four from Applicants, four from Community Councils, four Statutory Agencies (SNH, SEPA, Transport Scotland, Historic Scotland), four PKC planners
24 February 2019

23. Questions
24 February 2019