Newington's Jodie Gordon provides insight into the Scottish Government’s planning review and the potential implications for developers.

Following Scottish Ministers commissioning an independent panel of experts to undertake a review of the planning system in 2015, the Government has now published a consultation on its proposed changes for reform.

The consultation, which closes on 4 April 2017, will pave the way for a planning bill, due to be brought forward later this year. It sets out twenty proposals for reforming the planning system in Scotland, which the Scottish Government believes will “support economic growth, delivery of houses and increase community involvement in planning decisions.” Proposed changes include improvements to Section 75 obligations, raised planning fees and increased pre-application consultation.

So, what are the potential implications for developers?

Housing is a primary focus in the proposed changes, with the Government aiming to establish a planning system which helps to improve people's lives by "making better places and supporting the delivery of good quality homes". Key changes include zoning more land for housing, promoting self-build and removing the need to apply for planning permission for more types of development. To improve accessibility, the consultation also proposes that strategic development plans, ‘main issues reports’ and supplementary guidance are removed. The Government hopes that decluttering the system will help to encourage a wider range of people to be inspired to get more involved in planning. Instead, the consultation proposes that a National Planning Framework would be developed to better reflect regional development priorities.

The consultation also highlights the need to improve pre-application consultation to have greater community involvement. This will be particularly pertinent for proposals which are not supported in the development plan. The consultation also recommends that repeat applications should be discouraged and review decisions should be predominately made by local authorities rather than by the Scottish Government. This increased onus on local communities may therefore result in greater resources needing to be allocated by developers to conduct effective statutory pre-application consultation.

With regards to developer contributions, the Scottish Government aims to create an “infrastructure first approach”. The consultation proposes introducing powers for a new local levy to raise additional finance for infrastructure. It also states that improvements will also be made to Section 75 obligations to make them fairer and more effective.

The independent review has also resulted in a consultation on raising planning fees. It proposes that fees for major applications should be increased substantially to a new fee maximum of £125,000 so that the service moves towards full cost recovery. Primary concerns regarding this consultation will surround ensuring that this increased funding is reinvested into the planning service to ensure it is better resourced and more efficient for applicants.

Taking the Scottish Government at face value, the consultations send a positive message out to developers that it aims to create a planning system which is more consistent, innovative and open for business. However, it is unclear as yet how effectively this ambition will translate on a local level.

Newington’s Scotland office can help to ensure that your issues are raised in a timely and efficient manner with relevant ministers and departments and support with drafting effective responses to Scottish Government consultations. For more information, please contact Jodie Gordon.