Royal Commission on Environmental Pollution

I refer to the letter of 21 July 1999 from David Lewis, Secretary to the Royal Commission on Environmental Pollution, setting out the issues for detailed investigation in Phase 2 of the Study of Environmental Planning. I would like to pass on the following comments from South Lanarkshire Council.

The study should take into account the on-going debate about the future of land-use planning in Scotland under a Scottish Parliament. The outcome of a consultation exercise carried out by The Scottish Office in January 1999 (prior to the formation of The Scottish Parliament) is awaited.

South Lanarkshire Council, in common with bodies such as the Scottish Society of Directors of Planning and the RPTI in Scotland, suggested in their consultation response that a more integrated planning system is required, which would bring together land use planning, social and economic policy and environmental planning under one umbrella. This proposed system would apply at national and sub-national levels, and would involve the preparation at national level of a "Scottish Framework" of policy guidance. This approach is set out in more detail in South Lanarkshire Council's consultation response (copy attached for information).

Also worth considering is the approach taken in the new draft Structure Plan for Glasgow and the Clyde Valley, which is currently out for public consultation. This has sought to ensure that the views of key partners, including national environment agencies (eg SEPA and SNH) are built into the Plan from the outset. As part of this process, a series of Common Perspectives is being prepared, including a Common Environmental Perspective. These Perspectives will provide a context which expresses the linkages between the Structure Plan and the individual remits of key partners. Further information on the Structure Plan may be obtained from Vincent Goodstadt, Structure Plan Manager, 10 Killermont Street, Glasgow G2 3NW.

At the local level, South Lanarkshire Council has also sought to ensure that Environmental agencies are involved in all stages of the local planning process (including the preparation of a Council-wide Minerals Subject Plan). This has been achieved through the establishment of Stakeholder Groups which comprise representatives from all relevant Council services and public agencies. The process is outlined in the attached guidance manual for the preparation of local and subject plans in South Lanarkshire.

In terms of the detailed issues that the Royal Commission study may wish to address, there are a number of topic areas where a more integrated approach to policy development may be desirable. These include:--

• Mineral extraction
• Waste disposal
• Flooding
• Forestry
• Renewable energy

Introduction
With planning being devolved to the Scottish Parliament, it has been recognised that this offers a once in a generation opportunity to examine the planning system in Scotland. In addition, the implications of new policy initiatives such as Community Planning must be considered. South Lanarkshire Council's experience as a Community Planning pathfinder authority will inform this debate.

A consultation paper - "Land Use Planning Under a Scottish Parliament" has been issued by the Scottish Office. This paper sets out South Lanarkshire Council's perspective on the potential future structure and functions of a Scottish Planning System.

The paper's structure is:

• National Perspective. The most appropriate approach for planning at a national level is discussed.

• Sub-National Perspective. Consideration of the most appropriate means of developing sub-national planning frameworks.

• Local Perspective. The most effective mechanisms for delivering land-use planning at the local level are examined.

There are two essential themes, which would form the basis for an effective planning system in Scotland. These are:

1. Partnership and Co-operation.
2. Process and Procedures.

A fundamental requirement of the new planning system will be a closer integration of social, economic, environmental and physical development aspects.

National Perspective
Consideration of the requirements for the planning system at a national level concludes that it must:

• Respond to and develop the European Spatial Development Perspective and other European influences.
• Reflect and develop in land-use terms Government's programmes as they have national implications.
• Integrate fully and co-ordinate with the other levels of the planning system.

Specific land use planning aspects to be addressed through the Scottish Framework would include

• National economic issues for the use of land.
• The role and function of Scotland's major urban areas (incl. priorities for urban renewal).
• The Urban/rural relationship and rural diversification.
• National minerals planning.
• National transportation and mobility requirements.
• The management and enhancement of built and natural heritage of national significance.
• Other issues of national significance.

It will be necessary for the Scottish Framework to remain up-to-date and respond rapidly to emerging policy issues. It is accepted that some elements of the Framework will require to be updated more regularly than others and that the overall Framework will require to be supported by other more detailed pieces of work. It is therefore proposed that a three-year programme be adopted, to tie in to the budgetary cycles of the infrastructure agencies. This would be complemented by annual Ministerial Statements setting out any significant short-term changes and priorities.

The Scottish Executive in association with national QUANG0s (e.g. SNH and Scottish Enterprise) and other national interests (e.g. COSLA) would prepare the Scottish Framework, in consultation with the local authorities. This would be approved by the Scottish Parliament, subject to consideration by parliamentary committee.

Sub-National Perspective
There is a clear need for a sub-national level of planning to set out strategic advice on issues that have cross boundary implications. Currently this is delivered through the mechanism of Structure Plans. However there is concern that a more focussed approach is required to generate guidance that deals with truly strategic issues and adheres to the principles of precision, clarity and brevity.

Given that there is increasing emphasis at local and national level on developing an integrated approach which addresses social, economic and physical development issues, this should also follow through to the sub-national level.

Sub national guidance could therefore take the form of non-statutory 'Area Frameworks', prepared jointly by the relevant local authorities in partnership with other agencies, and incorporating their development programmes. These would create a wider context for local development planning and community planning. The approach may vary in different parts of Scotland according to the range and complexity of strategic issues involved.

The areas covered and specific issues to be addressed in each Area Framework would be determined in partnership through the Scottish Framework. The timetable for preparation would also be set out.

The processes and procedures for preparing Area Frameworks will require careful consideration. It is important that the process remains manageable and that it fits in to current ways of working. Representatives from the Scottish Executive would be involved in the preparation process. However, in the interests of subsidiarity, Local Authorities should play the key role in co-ordinating the process. It is important that the application of Area Frameworks recognises their importance and influence.

Local Perspective

Development Plans
Planning policy development at the local level will emerge from national and sub-national requirements, and the Community Plan. A key issue will be Best Value and the objective will therefore be to retain the advantages of the current system while significantly reducing the perceived disadvantages. Development Plans prepared by local authorities will form the statutory element of the revised planning system. These will:

• Provide a firm policy basis for the control of development.
• Establish policies and proposals for private sector investment and public sector initiatives involving land and buildings.
• Protect and enhance the built and natural environmental heritage.
• Provide a basis for monitoring development activity and market conditions.

Development Plans must ensure public involvement and accountability in establishing the context for the use of land. This would be achieved through adopting a stakeholder approach to plan preparation, and would involve robust and targeted public participation.

Community Planning
Community Plans play an important role in developing and expressing the overall vision for an area and the action expected of all partners in realising that vision. Development Plans can provide an important expression of that vision in land use terms, and can address both strategic and local issues.

A number of issues arise in the development of Community Planning (at Council wide and locality level) where planning can play a key role:

• A strong focus is placed upon integrated issues such as the requirement to address urban regeneration, rural development and social inclusion issues
• There is a recognition of the need to examine how the Community Plan is to be applied at local level looking to better integration of activity in local communities and neighbourhoods.
• The development of strategic processes such as consultation, evaluation programming and budgeting reinforces the need for new, closer and more effective working relationships between (and within) each agency

Development Control
An effective Development Control system will continue to be a key component of a revised planning system. In this context it is essential for development control to remain as a locally delivered service. There has been considerable government guidance and advice on development control issues in recent years, and the current system is not therefore considered to require a radical review. However there are a number of areas where improvements could be made. These are outlined in appendix 3.

Conclusions
Consideration of the requirements for a new planning system in Scotland conclude that it should be based on promoting partnership and co-operation and delivering effective process and procedures. This leads to the development of the following system:

• Scottish Executive prepares, in partnership, 'The Scottish Framework' approved by Parliament.

• Area Frameworks reflecting key strategic issues prepared in partnership with other agencies.

• Local Authorities prepare Statutory Development Plans based on local circumstances, using stakeholder approach and robust public participation approaches. These co-ordinate and link with Community Plans.

• Minor improvements to Development Control system

Hence, for South Lanarkshire, the land use planning system would consist of the Scottish Framework, an Area framework and, in the medium term, 6 Local Development Plans (including the Minerals Subject Plan).

APPENDIX 1 - RESPONSES TO QUESTIONS

Q1     Is the planning system, as it currently operates, fit for the purpose? Is the status quo a viable option? Is there a need for overhaul of its main components to improve effectiveness and value for money?

AI     The planning system needs to continually evolve in response to changing political and economic circumstances. The major changes in recent years of local government reorganisation and the creation of a Scottish parliament clearly have implications for the way in which the planning system operates. A number of trends seem to be emerging:

-   More corporate ways of working such as Community Planning are evolving in Local Government

-   Best Value promotes the continuous assessment and improvement of service delivery.

-   There is increasing overlap between the different tiers of planning. The move towards Authority wide local plans has coincided with smaller Structure Plan areas, and increasingly District wide local plans are assuming the character of UDPs with a distinct strategic element (e.g. the East Ayrshire plan). At the same time. NPPGs are becoming more detailed and comprehensive. Therefore, there is a need to be clearer about the objectives and roles of the various tiers of planning.

-   increasing public expectations/demands from the planning system

Consequently, the status quo is not considered a viable option. There is a need to overhaul the system in response to the points outlined above.

Q2    Should planning legislation make specific reference to sustainable development?

A2     Arguably, planning has always promoted sustainable development. However, a clear definition of what is meant by sustainable development should be formulated and incorporated into all government guidance. A working definition is available in 'Down to Earth' a recent Scottish Office publication on the Scottish Perspective to sustainable development. This may not necessarily be within legislation, but could form part of a proposed 'Scottish Framework of national guidance approved by the new Parliament.

Q3     Is the current scope of the planning system in Scotland with its focus on the use and development of land, broadly adequate?

A3     Agree that the focus of development plans and development control must remain the use and development of land. However, these must operate within a national and sub national context that integrates and co-ordinates economic, social, environmental and physical development issues. At the local level, the statutory planning system can provide a land use policy context for emerging initiatives such as community plans and rural development strategies.

Q4     Should NPPGs continue to he prepared on a topic basis?

A4     Yes, but they should be prepared according to a programme that reflects need on the ground. Local Authorities and other 'clients' of NPPGs, should have an input to developing this programme.

Q5     Should they be grouped, or consolidated into a single document?

A5     Yes, this would form the land use planning element of a 'Scottish Framework' of guidance.

Q6     Should they be given a stronger locational component?

A6     Yes, through the development of a Spatial Strategy which would identify the spatial issues and opportunities arising from the 'Scottish Framework'. The 'Scottish Framework' would also establish sub national planning areas and the key strategic issues within each area that require to be addressed.

Q7     How could plans and programmes of other government agencies be better reflected in planning guidance?

A7     With regard to national guidance, an integrated 'Scottish Framework' which incorporates economic, social environmental and physical development aspects could set the context for the investment programmes of other agencies. At the local authority level, the Community Planning process already offers a real opportunity for the integration of the priorities and programmes of different agencies.

Q8     Should NPPGs be referred to in legislation?

A8     not considered necessary.

Q9     In the context of Best Value, is there a continuing need for structure plans, and if so, should the current areas and arrangements he changed, for example, to improve co-ordination of transport and planning policies once the present round of plans has been completed?

A9     There is still a clear need for a sub national level of planning to provide guidance on strategic issues which have cross boundary implications. However it is considered that the current Structure Planning system should be replaced. (see below)

Q10     As an alternative, should sub-national planning guidance be prepared; and if so, what form should it take; and should it be prepared centrally in partnership with local authorities and Other agencies, or locally for endorsement by the Scottish Executive?

A10     Sub national guidance could take the form of 'Area Frameworks' prepared by local authorities in partnership with other agencies. (refer to discussion in main paper).

Q11     Beyond the changes to development planning procedures outlined, are more radical changes required in the arrangements for development planning in Scotland?

A11     The Best Value study of local planning currently being undertaken by South Lanarkshire Council will allow this issue to be addressed. Key considerations in this respect would include performance indicators, benchmarking and project management. However, until the outcome of the Best Value exercise is known, the conclusions in paragraph 23 are considered satisfactory.

Q12     Should the work of the Planning Audit Unit be extended to cover the management of development planning?

A12     This would provide practical support to the legislation giving primacy to the Development Plan. It would require local authorities to give a higher priority to development plan preparation and monitoring but could have resource implications. In general the advice and guidance this option would offer would be welcomed.

Q13     Is there a case for planning powers to be either reduced by extending permitted development rights, or extended to cover additional aspects, e.g. agriculture, forestry, land management and the marine environment more generally below low water mark. And if so, what would be the costs and benefits?

A13     Reduction of planning powers by extending permitted development rights would appear to have some advantages - less staff time spent on rubber stamping routine applications etc. However, in terms of quality in urban design and rural development this could have a negative effect.

Structural changes in the rural economy are beginning to bring pressures for land use change that could have significant impacts on landscape. It would seem appropriate to introduce systems to manage this change. In this context, Planning Policy needs to make greater input to the preparation of Rural Development Strategies.

General Observations
The Scottish Office paper falls short of expectation in that it tends to focus on the land use planning process and issues relating to it. It has not picked up on the Government's wider policy directions and the wider agenda likely to emerge from the Scottish Parliament which are of significance to planning. At this time it is vital that guidance is offered on how Planning can integrate with wider government policy initiatives helping to drive them forward through its developmental role.

The paper gives inadequate consideration to how Development Plans are to remain meaningful in light of the Government's stated aims to introduce new levels of plans. For example, not only Community Plans but also Rural Development Strategies (Towards a Development Strategy for Rural Scotland) and Codes of Good Practice in Rural Land Use (Land Reform Policy Group Recommendations for Action) and Social Inclusion Partnership Strategies (Social Exclusion in Scotland). The paper should have gone further to consider how Development Planning can contribute towards a meaningful framework, leading the way for these other initiatives to take place and assisting in the process of managing change.

APPENDIX 2 - CRITERIA FOR A NEW PLANNING SYSTEM IN SCOTLAND

Theme 1 - Partnership and Co-operation
• Inclusion and Integration. The new planning system must ensure that it includes all interests at the appropriate level. Further, the system must promote a commitment to it through integration of appropriate agencies. Essentially, the system must be accountable and transparent at all levels. To deliver this, there is a need for Scottish Office guidance to clarify the protocol for user participation and elected member involvement in the planning process, particularly relating to development control. In addition, the system must ensure appropriate approaches to public participation emerge.

• Linkages. Currently, the linkages between the planning system and other aspects of government policy are not well defined. A new planning system must deliver its part of the challenge in achieving a full integration of public policy to fulfil wider national and European objectives.

• Subsidiarity. A new planning system must clearly articulate the roles and responsibilities for each level it establishes, and ensure that policy-making and decision-taking are devolved to the appropriate level.

• Balance. One of the strengths of the current planning system is that it ensures that a balanced resolution of issues can emerge through participation and involvement. It is essential that a new planning system ensures that the appropriate balancing of views is protected.

  Theme 2 - Process and Procedures

• Land-Use Focused Within A Wider Context. The main focus for a new planning system should the use and development of land. However, it must operate within a national and sub national context that integrates and co-ordinates economic, social, environmental and physical development issues. At the local level, the statutory planning system can provide a land use policy context for emerging initiatives such as community plans and rural development strategies.

• Plan-Led. Currently, the effectiveness of the existing plan-led approach can be questioned (in terms of development control decisions and resource allocations). This leads to uncertainty in the system. A plan-led approach is crucial to the effectiveness of the new planning system and to providing certainty for investment decisions. Consequently, the new system should robustly ensure that the policy framework that develops has primacy and generates certainty for decision-makers. In addition, a plan-led approach should generate commitment to delivery from resourcing agencies.

• Investment Promotion. The new planning system should promote an increasingly proactive and promotional approach to policy development that facilitates and directs investment to appropriate locations.

• Environmental Protection. The current planning system effectively delivers this. A new planning system must maintain the commitment to protecting and enhancing key environmental resources.

• Sustainable Development. The new planning system should make a major contribution to achieving the Government's objectives for sustainable development. The contribution that planning can play in leading local sustainable development activity should be emphasised.

• Speed and Quality. The outputs from the planning system need to be produced timeously and to a high quality. Currently, all land-use planning frameworks (i.e. local plans, structure plans, NPPGs and PANs) are taking too long to produce. A new planning system requires to promote urgency in policy development. Further, particularly at a national level, there is concern that current planning frameworks do not sufficiently address requirements expected of them. Hence, a new system needs to clearly articulate its priorities.

Development control improvements that could be made include:

• Extending planning control to cover agricultural and forestry buildings, and telecommunications apparatus.
• Review of privatised utilities permitted development rights
• Increase the permitted development threshold for Local Authority works
• PAN on Article 4 directions.
• Improve public awareness of Article 4 directions
• More rigorous procedures for applicants undertaking neighbour notification
• Reconsideration of automatic right to a public inquiry. This could be determined by Reporters Unit bases on agreed criteria
• Clearer Scottish Office guidance for third parties regarding criteria for referral of applications contrary to the Development Plan.