legal updates
Tuesday, 27 Nov 2007
have your say in the reform of planning law
Planning applications always seem emotional, from developments by billionaire Americans in the north of Scotland to applications for extensions in the neighbour's back yard.
Although enacted over a year ago, the implementation of the new Planning Act is still being discussed by the Scottish Government, which has recently issued draft regulations for consultation.
- Under the existing regime, the statutory period for determining a planning application is two months irrespective of the size and complexity of the project. The new regulations introduce the idea of a hierarchy, under which major developments will require at least twelve week pre-application consultation with the community, with the period for determination being extended to four months. There will be seven proposed classes together with the thresholds to qualify as a major development in each category.
- Another proposal being discussed is that, in major developments, the applicant and the planning authority could agree a realistic timescale in a “processing agreement”, which could be different from the statutory period of 4 months.
- The regulations also change the way in which the appeal process will work. Appeals are to go to local review bodies rather than the Scottish Ministers (as is allowed in the current system).
Given the recent debate of planning procedure in the press, the current consultation provides a timely opportunity to engage in the planning system and to participate in reform of the process. The consultation is in a number of different stages closes stage-by-stage over the next 10 weeks. Copies of the current consultation papers are available at
http://www.scotland.gov.uk/topics/planning/modernising.