Local Authority Development And Notification Of Planning Applications

The Scottish Executive is pressing firmly ahead with the implementation of the new planning legislation. It is unlikely that the change of political control following upon the election will change this - though the SNP have suggested an early review of the legislation may be appropriate.

As has been highlighted elsewhere some of the changes are substantial. Underlying the legislative change however is the desire to change culture and increase confidence in the system. Some of the changes intended to tackle these issues are far more subtle.

An area that has caused concern in the past are developments in which the local authority has an interest either because they are promoting the development, because they own the land or because there will be a significant financial benefit to them. While this has always been an area of concern, these concerns have been increased as a result of PFI/PPP Schemes particularly in the education sector. These schemes often result in schools being developed in areas where other development would not have been permitted or consented with the "redundant" site being released for housing development by the PFI company or the Council. Questions are often raised about the "transparency" of the decisions in relation to the planning consent.

Until recently local authority developments went through a separate process or procedure (the Notice of Intention to Develop procedure). That was discontinued with effect from 1 April 2007.

The Scottish Executive have now published specific guidance in PAN82 on developments in which the local authority have an interest. This is a welcome step.

The PAN identifies that local authorities have different roles and duties and that there will be conflicts of interest or perception of conflicts of interest. Against that background the Executive make clear that while it is not unreasonable that land owned by the local authority may be proposed for development "it is essential that any choices they (the local authority) make in selecting sites for future development through the Development Plan process must be based on the best interests of the planning of the area". The PAN advises on the need for effective consultation and more particularly for ensuring that the planning consideration of any local authority development is distanced from the "corporate view". This is welcome advice.

At the same time as the PAN a new Circular has been produced detailing when applications will have to be...