Rules of engagement

With its emphasis on pre-application consultation and promoting good neighbour agreements, the Planning etc (Scotland) Act 2006 may seem less than appealing to Scotland’s legal firms working with and providing advice to developers. After all, their commercial clients want to get on with the business of developing, rather than spending valuable hours locking horns with the very people who may want to stop their work dead in its tracks. As the proposed secondary legislation under the Act comes into force, it is worthwhile looking at the considerable impact this will have on Scotland’s legal community in greater depth.

The Act was not put together as a way to stymie the legal firm and its clients; in fact I would argue quite the opposite. With more open communication between the developer and the people in whose communities they develop, we could witness the dawn of a new culture of partnership, ultimately benefiting both sides and allowing those legal firms who specialise in community engagement to prosper. A community more informed about the planning process will also ensure that such a process works more efficiently.

Enabling participation

For the Communities Minister at the time, Malcolm Chisholm MSP, the Planning Bill was “a once in a lifetime opportunity for reforms that would be more efficient and inclusive”, addressing what was seen as a system that was too complex and bureaucratic, with many feeling they did not have a real say in, or any impact on, the decisions affecting their local area. He added that it was a key tool for supporting the economy and growing Scotland in a sustainable way, bringing communities into the planning process at the earliest stages.

One of the key aspects of the legislation is to devolve power to the people by making the planning system more inclusive and accessible, with greater openness and transparency when decisions are being made. The most important changes are the emphasis on community involvement and a new hierarchy of dealing with applications, designed to make the system more efficient and effective. This new system, it is argued, will pave the way for better and earlier involvement of the public in the planning process, moving away from the idea of consultation to one of participation.

By participation we mean entering into a dialogue with people, listening and hearing their ideas and vision, and incorporating them into plans. It effectively reforms how planning involves people, and more importantly, how people are involved in planning, signifying a clear culture change in the planning process and community engagement.

Beneficial front-loading

The call for a genuine partnership between the legal firm, the developer and the public, ensuring they work together for mutual benefit, is a measure heavily emphasised in the Act. The new emphasis on pre-application consultation ensures that for certain types of development – major developments; local developments that represent a departure from the development plan; and larger scale “bad neighbour” developments – there will be a requirement for the developer to go through a formal public consultation process before the plan can be submitted to the planning authority for determination. It also includes good neighbour agreements, where the public are able to enter into arrangements with the developer for significant projects, guaranteeing them a role in monitoring the way these are carried out.

The front-loading of the planning system will prove beneficial to both sides. Locals, who can understandably become hostile when they feel disenfranchised from the planning system, are given a more active role, with the chance to mull over, ask questions and give feedback on any aspect of the development. There are also benefits for developers and their legal firms. The initial consultations are set to take the place of the often lengthy wrangles that occur when plans have been officially submitted; this should prevent many complaints and the potential inconvenience of having to withdraw in order to resubmit more palatable plans.

Furthermore, in a working relationship with the local community, the developer has access to a real pool of local knowledge and support that can help rather than hinder their project. The community can be a formidable force, and who wouldn’t rather have them on side if they are going to be working shoulder to shoulder for months or even years?

Formal or informal

Encouraging public participation is regarded as a good thing and of course there have always been opportunities for people to get involved in the planning system, but these have often been regarded as highly complex, remote and technical by the vast majority. So when we talk about greater involvement in decision making, this means that we try and ensure all sectors of society are involved, outwith the usual niche of well connected people, and that this engagement is genuine and trusted.

This can be done by using a variety of methods of engagement, which will of course require adequate resourcing to ensure individuals and communities are educated about what they can do and how they can get involved. It means especially targeting those sections of society traditionally underrepresented, such as those on low income, young people, ethnic minorities and travellers, who are often the most removed from the process. In many cases planning decisions have the greatest impact on these groups and it is vital that everyone must feel part of a process that makes decisions which will ultimately affect their quality of life.

This approach means creating more opportunities for people to engage in an informal manner in places where they already congregate, be it at playgroups, youth clubs, the local shopping centre or outside the school gates, bringing the planning system to the people by using innovative methods of engagement and knocking down barriers to participation. Planning Aid for Scotland has extensive experience of working alongside communities to educate and advise on the planning system, and is in an ideal position to provide advice to legal firms and developers to assist in guiding them through the planning process. Having spent many years reaching out to communities, we can also give advice as to the best way developers can initiate contact with the groups they need to reach, be it by attending particular neighbourhood meetings, writing in local newspapers or by the medium of community notice boards.

The Planning Act is a golden opportunity to ensure greater community involvement in planning, in a way that is currently not the case in England. South of the border, research by Oxford Brookes University indicates that wider engagement has not, as yet, been delivered by the English Planning Act, and there is a real chance for Scotland to take the lead in civic engagement. For this to happen will not only require a radical change in culture, but adequate resourcing to ensure we can all play our part in delivering the best future for Scotland.

Petra Biberbach is Executive Director, Planning Aid for Scotland. Planning Aid for Scotland is a unique and independent, national organisation that helps people to engage in the planning process. www.planningaidscotland.org.uk ..