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| This work was commissioned by the Scottish Office in 1996 to inform understanding of the current arrangements in place for enabling public access to planning information. The research examined the legal and policy contexts together with a survey of administrative arrangements for public access to planning information in the period following local government reorganisation. Particular attention was paid to the role of community councils and information technology in improving public access to planning information. |
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| Main findings |
- The research confirms that the legal provisions, which enable arrangements to be put into place to facilitate public access to planning information, are appropriate. What is more pressing is the extent to which these arrangements are implemented by planning authorities and how effective they are in enabling access to the information by the public.
- The study shows that the policy framework, established through the NPPGs and PANs, is also appropriate in light of the emphasis afforded public access to planning information. The review of other surveys concerned with the issue of public access to planning information confirms that considerable attention is being focused on this issue.
- The research demonstrates the considerable diversity between authorities in putting into place arrangements for public access to planning information. The study reveals a great deal of activity is taking place, as local authorities settle into their reorganised structures. There is evidence also of authorities seeking to define and implement best practice in providing for public access to planning information.
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| Aims and Objectives |
| The aim of this study is to examine the extent to which public access to planning information is achieved in Scotland, to identify the approaches adopted by local planning authorities in providing public access and to establish the best practice for the future |
| The specific objectives of the research study are: |
| (i) to establish the legal context for public access to planning information; |
| (ii) to identify current practice; |
| (iii) to explore the potential for community councils with respect to public access to planning information; |
| (iv) to explore the potential for IT in this context. |
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| Methodology |
| The research study was based on three principal sources: the results of a postal questionnaire survey of all unitary councils in Scotland; structured interviews with a sample of unitary authorities; and structured interviews with a sample of community councils in those corresponding localities. |
| The postal questionnaire survey provided a statistical data base of the administrative arrangements used by planning authorities in Scotland. |
| The purpose of the structured interviews was to identify the ways in which the administrative arrangements for public access operate in practice. It was the intention also to identify how such practices had developed over time and in light of changing circumstances and the ways in which the new unitary councils were adapting such arrangements for the future. The sample of authorities comprised Aberdeen City, Aberdeenshire, Angus, Dundee City, Dumfries and Galloway, Edinburgh City, Falkirk, Glasgow City, Highland, Perth and Kinross and Stirling. |
| Structured interviews were conducted with a sample of community councils. |
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| The Legal Framework |
| There are three main areas of law which provide for public access to information appropriate to the town and country planning system: |
- the town and country planning legislation, which requires that information is made available through a range of devices from newspaper advertisements and public registers to individual notification of affected parties;
- the rules governing public access to the proceedings and papers of local government contained in the Local Government (Access to Information) Act 1985;
- measures associated with the European Community's Directive on Freedom of Access to Information on the Environment.
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| Local Planning Authorities should be aware also of the terms and conditions of the Copyright, Designs and Patents Act 1988, particularly as they apply to the planning application process. |
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| The Policy Framework |
| The government is committed to securing greater public involvement in environmental issues. This is set out in statements of guidance and advice (National Planning Policy Guidelines and Planning Advice Notes). Public access to information about the planning system and opportunities to contribute are considered to be essential to the proper conduct of good practice. Planning authorities are encouraged to seek to involve local communities in the preparation of any redevelopment or development policies and proposals in their area. The planning system does not exist to protect commercial interests of one person or business against the activities of another, although in some cases private interests may coincide with the public interest. |
| The Local Agenda 21 process calls on local authorities to develop action plans for sustainable development and brings new opportunities for public participation. It provides an opportunity to make all stakeholders effective players in making policy decisions relating to planning and the environment. There is the need for participation and responsiveness based on a free flow of information and communication. Authorities should recognise the clear links that exist between the Local Agenda 21 programme and the planning process. The Citizen's charter, presented to Parliament in July 1991 (Cm 1599), sets out the Government's commitment to improving the quality, efficiency and responsiveness of public services generally. |
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| Recommendations Arising from the Research Findings |
| Planning Information Guidance |
- Planning authorities should ensure that literature explaining the planning system in general and the way it operates locally is provided. Authorities should also provide details of additional sources of advice and help for applicants, including a list of local agents and planning consultants.
- Planning authorities should publish weekly lists in local newspapers. In addition, authorities should consider displaying lists in other locations, such as libraries. This will help improve access to information for the wider public and is particularly vital in those parts of Scotland not represented by community councils.
- Planning authorities should review current arrangements, check that legal provisions are being adhered to, and ensure that a clear and consistent approach is being adopted for all applications.
- Local authorities should consider the methods they use to inform the public of meetings and could consider sending community councils copies of agenda papers at the same time as they are issued to members. Authorities must also ensure that background papers are available for a period of up to six years.
- The importance of providing access to professional planning officers must be recognised. If local offices do not include such staff, arrangements should be made for planning personnel to be available at a regular time each week.
- Public access to planning information involves more than simply ensuring that data is available. If planning information is to be truly accessible to the public, authorities must review their approach to customer care. This should include consideration of factors such as office opening hours, the location and ambience of the reception area, the physical access to the planning office and local offices, attitudes adopted by staff, and the style of language used in planning documents, as well as the adoption of a systematic approach to monitoring and reviewing customer needs.
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| Decentralised Arrangements |
- Planning authorities should consider using decentralised offices and libraries, although it is recognised that the most appropriate location for documents will depend upon the character of the area concerned. It would be particularly helpful to the public if planning authorities published and distributed a list of available plans and other policy documents, up-dated on an annual basis.
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| Development Plans |
- Consideration of the best techniques of public participation should be an early element in the plan making process, and in drawing up a programme, authorities should take account of the character of the area, the time and resources available and the expectations of the public. Most exercises involving the public in plan-making should aim to go beyond simply informing the public to active participation where substantive comment and dialogue may be established.
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| Community Councils |
- Planning authorities should consider their relationship with community councils, in relation to both development control and development plans and should arrange regular meetings with community councils, possibly jointly, to discuss planning issues.
- Authorities should consider the examples provided by, for example Stirling and Glasgow, in their support for the operation of community resource centres. These centres are greatly valued by community councils as they are a source of help and advice on a range of matters, including planning.
- The Scottish Office should supply community councils with details of central government guidance and advice (NPPGs and PANs) annually and planning authorities should issue lists of plans and other documents on a similar basis.
- Community councils should consider other ways of reflecting local views, such as the use of surveys or publication of newsletters.
- Planning officers should be prepared to attend community council meetings to discuss applications, if requested to do so and should adopt a clear procedure for consultation with community councils, ensuring a consistent approach throughout their area.
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| Information Technology |
- Planning authorities should explore the potential of Information Technology for regular users of the planning system, particularly for the planning register, the index of structure and local plans, committee agendas and minutes and authority planning policies and projects.
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| "Public Access to Planning Information", the research report summarised in this Research Findings, may be purchased (price £5 per copy). |
Cheques should be made payable to The Stationery Office and addressed to:
The Stationery Office Ltd, Mail Order Department, 71 Lothian Road, Edinburgh, EH3 9AZ. Telephone: 0131 228 4181 Fax: 0131 622 7017 The report can also be ordered online from:www.thestationeryoffice.co.uk |
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| This Research Findings may be photocopied, or further copies may be obtained from: |
The Scottish Office Central Research Unit
Area 2J CRU
Victoria Quay
Edinburgh EH6 6QQ
Tel No: 0131 244 5397 or Fax No: 0131 244 5393 |