Quick Guide to the Scottish Planning System
Q. How different is the planning system in Scotland from that in England?
A. The planning system in Scotland is established by statute (principally in the Town and Country Planning (Scotland) Act 1997). The principles are similar to those in England but there are a number of differences which reflect the system of government in Scotland. There are also indications that the Scottish Executive see planning as a critical tool in achieving policy objectives (as is evidenced by the fact planning is the responsibility of the Social Justice Minister) with the consequences that differences in both the planning system and planning policy may become more rather than less pronounced in the future. One example is the decision of the Scottish Executive to consult on third party rights of appeal. Eventually the Executive decided not to pursue this but only after the issue was given detailed consideration.
Q. Is the approach to planning issues in Scotland similar to that in England?
A. In many areas the policy in Scotland is quite different to take account of issues which are specifically relevant to Scotland. For example, as a result of the considerable development which took place in the North Sea in the 1970s and 1980s and the consequent need for on shore facilities, the Scottish Office published guidance to take account of the impact of such developments in Scotland. Similarly, given the concentration of the population in the central belt and the incidence of brown field land, the approach to providing housing land is different. There is a clear policy emphasis on brownfield development – indeed it is difficult to conceive of large scale greenbelt/greenfield development in. Scotland akin to that in the South of England. The Scottish Executive has also set more ambitious renewable energy targets than those in England. One area which causes issues for the Scottish Executive is the diversity of needs within Scotland – the pressures in the north west and islands are very different from the central belt.
Q. Who is primarily responsible for the administration of planning in Scotland?
A. The Planning Authority is usually the local authority – the unitary council. Until 1996, Scotland had a “two-tier” system of local government with regional and district councils. Generally the regions were responsible for strategic policy by the preparation of structure plans, while district councils were responsible for a local plan and development control issues. The new unitary authorities (with an obligation to prepare both a structure plan and a local plan) are both strategic and local planning authorities though in a number of areas (notably around Glasgow and Edinburgh) for strategic planning purposes, a number of unitary authorities are brought together to produce strategic plans on a joint committee basis. However the Scottish Executive are of the view that the preparation of both a structure plan and a local plan is an unnecessary burden for most parts of the country and it is likely in the near future only the 4 conurbations (plus possibly Inverness) will have a strategic development plan with most parts of the country having only a local plan.
Q. The Planning system in England has recently been subject to review. What is the situation in Scotland?
An act was passed at the end of 2006. This will result in significant changes albeit these will probally not be implimented until 2008.
The information contained in this article is given for general information only and does not constitute legal advice on any specific matter.