Introduction to the planning system for elected members

2012

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In this presentation …

• Focus on the specific role of elected members in the planning system

• Cover the main elements of the system- development plans- development management

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Overview of the planning system

• 32 local authorities and 2 national park authorities are responsible for:- preparing development plans- deciding applications for planning permission- enforcing planning controls

• Significant recent reforms – elected members have important role in delivering change

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Why plan?

• The planning system shapes our environment and influences many aspects of the way we live

• It determines how land is used, how communities take shape and how new developments look and work

• It is about balancing competing demands to make sure land is used and developed in the long-term interests of the public

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Role of Elected Members

• You will be involved in planning matters at some stage as a ward member representing the interests of constituents

• You may also be involved in a specialist role on a planning committee or a local review body

• Code of Conduct emphasises the need for active participation and engagement to inform decision-making

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Code of Conduct

• Provides a framework for your decision making as an elected member

• Supports engagement with constituents and others

But … planning can be contentious• Public perception is the most important factor• Declare potential conflicts of interest

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Development Plans

• Guide the future use of land and the appearance of cities, towns and rural areas

• Legal requirement to prepare a Local Development Plan for all areas and update it every 5 years

• In the 4 largest city regions authorities also prepare a Strategic Development Plan

• Plans are supported by Supplementary Guidance

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Development Plans

• The law requires decisions on planning applications be made in accordance with the plan unless material considerations indicate otherwise

• You should have a high level of involvement in the preparation of the plan for your area

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Development Management

• Legislation defines what development activities require planning permission

• Applications for different sizes of development are dealt with in different ways

• Two types of consent – permission in principle and full planning permission

• Permission can be granted, granted subject to conditions or refused

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Role of Elected Members

• Some applications are decided by officers, some are decided at committee

• Scheme of Delegation is unique to each authority

• As a member of the planning committee you will need to consider the information which is presented and make decisions in keeping with the development plan

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Material Considerations

• A planning issue which is relevant to the application

• Can include:- council policies - comments by the public and organisations - the effect of the development on the environment

• Some things are not material considerations e.g. loss of view or effect on property prices

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Code of Conduct - Applications

• You should listen to and engage with those who have an interest in planning matters

• You should feel free to engage with applicants, agents, objectors or others

• As a ward member, you can support or oppose an application

• Before the committee meeting, as a member of the planning committee you must not express any opinion that could be interpreted as supporting or opposing an application

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Appeals & Local Review

• If an application is decided by officers, the applicant can have the decision reviewed by the Local Review Body

• LRBs consist of at least three elected members from the authority

• All other appeals are made to Scottish Ministers

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In conclusion …

• Use the Code of Conduct • Be aware of probity issues• Engage with communities and other

interested parties• Work with planning officers to make your

council’s planning service the best it can be

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