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09: Next Steps

9.1 The Planning Bill

This White Paper presents the opportunity to deliver our commitment set out in the 2003 Partnership Agreement to 'improve the planning system to strengthen involvement of communities, speed up decisions, reflect local views better, and allow quicker investment decisions'. We are now working towards implementing some of these proposals through changes to the legislative framework via a Planning Bill.

Since 1999, we have conducted a series of consultations and White Papers to identify the best way of taking forward the modernisation of the planning system. These papers set out a number of commitments to modernisation, and some of the key measures are already in place. Significant changes so far include:

• publication of the National Planning Framework in April 2004;
• progress with the ongoing programme to update Scottish Planning Policies;
• progress with the ongoing programme to update Planning Advice Notes;
• three meetings held of the National Consultative Group; and
• legislative provisions to allow authorities to process applications electronically.

In 2003 we announced our intention to introduce a Planning Bill during this current session of Parliament. Now that the planning modernisation agenda is fully mapped out, we will introduce the Bill when a suitable legislative opportunity arises, to take forward the proposals set out in this White Paper that require changes to primary legislation.

The Planning Bill will play a central role in our planning modernisation agenda, and the changes we are proposing to make to primary legislation will have a significant impact on the future of the planning system in Scotland. They will afford a new status and role for the National Planning Framework. They will radically modernise the development plan process, replacing the current two tier system with one where most of Scotland will be covered by a single level of development plans, with an additional level of strategic development plans for the four major city regions. The changes will also affect many aspects of the system of development control, now development management, giving greater clarity and openness in the handling of applications for development. They will also improve public involvement in planning, creating a more transparent and accountable system that is more balanced and fair. As outlined in this White Paper, we will also make changes to enforcement, planning agreements and the inquiry and appeals processes. A list of the measures for inclusion in the Planning Bill is set out in Appendix 8.

The overall challenge for the Planning Bill is to set out a planning system that works for Scotland, introducing the changes necessary to provide a quicker, more transparent and more effective service. This process should also create a system better suited to operating in the context of a Scottish Parliament and a single tier of local government.

9.2 Non-legislative Reform

As with all modernisation initiated by primary legislation, many of the more fundamental measures set out in this White Paper will, if approved by Parliament, take time to come into force. However, given the need to effect changes as soon as possible, there are a number of reforms we will be implementing in the near future. These do not require primary legislation, and will begin to modernise the planning system and make a difference in the lifetime of this current Parliament. The measures involved are the following:

• implementing the enhanced scrutiny procedures for proposals that are significantly contrary to the development plan;
• a campaign to explain the rights of local people in the planning process;
• early action to press planning authorities to update their development plans, with possible sanctions if they do not;
• beginning the process of development and consultation on the next National Planning Framework, and on Executive policy for renewable energy;
• a more proactive approach from the Executive to influencing the form and content of development plans; and
• initiating measures to improve local authority performance on development management.

Comments on this document

If you wish to submit any comments on this White Paper, please send them to:

Or by E-mail to: PlanningModernisation@scotland.gsi.gov.uk

Further copies

Further copies may be obtained by telephoning 0131 244 7543 and are also available on the Scottish Executive planning website at www.scotland.gov.uk/planning

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