Reform of the Planning System

The Planning etc. (Scotland) Act 2006 (the Act) is scheduled to come into force in April 2009. The Act introduces a number of significant changes to the existing planning system and will be supplemented by additional guidelines and regulations.

The Act introduces a new hierarchy of types of development. Development can be national, major or local and each type will be dealt with in a different way.

Structural Plans and Local Plans will be abolished and replaced by Strategic Development Plans and Local Development Plans. Strategic Development Plans and Local Development Plans will cover the four city areas of Edinburgh, Glasgow, Aberdeen and Dundee. Local Development Plans only will cover the remainder of the country.

The Act reduces the period of planning consent from five years to three unless development has begun within that time. The time limit for appealing a planning decision is to be reduced from six months to three months and the procedures to be followed in an appeal will depend upon the category of development.

Pre-application consultation will be mandatory for certain classes of development. The idea is to encourage community engagement at an early stage. Responsibility for neighbour notification will be transferred from applicants to planning authorities and the process will be simplified.

Section 75 Agreements are to be replaced by planning obligations. Planning obligations can be created in agreements between developers and the planning authority or the developer will be able to enter into a planning obligation unilaterally. Under the new act an application may be made to the planning authority to modify or discharge planning obligations.

The Act also introduces good neighbour agreements. These agreements can be entered into directly between the developer and a community body and can set out how the developer must run the development.

This briefing is intended as only a brief overview of the proposed statutory provisions which may, in due course, be amended (and certainly supplemented) by further legislation. Understanding the implications of the forthcoming Act are important when considering development and investment opportunities.

For more information please email Corra Irwin or telephone 01463 239393.

Disclaimer: The information in this publication is based on our current understanding of the law. It has been produced for information purposes only. Professional advice should always be sought before taking any action.

Macleod & MacCallum cannot take any responsibility for loss incurred through acting or failing to act on the basis of anything contained in this publication.