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January 2009 – the new era for development management

January 2009 – the new era for development management. 2 June 2008 Neil Collar Jackie McGuire. Planning reform. Development management Jan 2009 (current estimate)

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January 2009 – the new era for development management

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  1. January 2009 – the new era for development management 2 June 2008 Neil Collar Jackie McGuire

  2. Planning reform • Development management • Jan 2009 (current estimate) • No information yet on treatment of existing applications – new rules might apply to existing applications if not determined by Jan 2009 • On-going consultation - may be further changes

  3. Development management • Overview of changes: • Pre-application • Submission • Processing • Deciding • Post-application • Appeals

  4. Pre-application • Proposal of application notice – min. 12 weeks pre submission of application • Specified consultation and publicity – including at least 1 public meeting • Pre-application consultation report to accompany planning application

  5. Pre-application • Pre-application consultation • National and Major* developments • EIA development • Some types of buildings > 2,500 sq.m. if no development plan allocation • > 5 houses/ flats if no development plan allocation • Land identified in development plan as open space or green belt

  6. Planning hierarchy • Major developments • Schedule 1 EIA development • Residential - 100+ houses or > 2 ha • Business/ general industry/ storage & distribution - >20,000 sq.m. or > 4 ha • Roads > 8km • Other development >10,000 sq.m. or > 2 ha

  7. Submission of application • Consultation on fees June 08 • Planning permission in principle – increased information: • What development will look like • Approx locations of buildings, routes and open spaces • Design and access (DDA) statement • No reserved matters applications

  8. Submission of application (cont) • Design and access (DDA) statements • Neighbour notification – by local authority

  9. Processing of application • Processing agreements – national/ major development • Right to deemed refusal appeal – 2 months, 4 months for national/ major development

  10. Deciding application • Still plan-led but new system of plans • All applications decided by local authority • New rules on whether decision by councillors or officers • Pre-determination hearings – EIA development, or significantly contrary to LDP

  11. Post decision • 3 years to start development (currently 5) • Notice of initiation of development • 3 months to appeal (currently 6) • New appeal procedures

  12. Planning appeal Court of Session

  13. Planning appeal • 3 months to submit (currently 6) • Restrictions on new matters • Decision/ further written submissions/ hearing/ inquiry

  14. Planning reform • Conclusions • More complicated • More expense for developers • Not any quicker • Better outcomes?

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