Planning Bill set to bring another overhaul

Many conveyancers could be forgiven for thinking that we have only just had an overhaul of the planning system in Scotland, with the significant changes brought in by the Planning (Scotland) Act 2006.

However in the decade that followed, it is clear that there have been a number of shortcomings in the current system, and a new Planning (Scotland) Bill has been introduced in response to an independent review published in May 2016, and following a public consultation. The bill aims to strengthen and simplify the planning system, improve processes, engagement and participation rights, and alter the emphasis of the system from that of regulator, to enabler. Sustainable growth and climate change mitigation are two key contexts underpinning the bill.

In summary the bill:

• abolishes strategic development plans and statutory supplementary planning guidance;
• provides for review of the National Planning Framework and local development plans every 10 years;
• places an emphasis on community engagement;
• replaces simplified planning zones with simplified development zones in which authorisation for specific types of development can be given;
• streamlines the planning process by altering time limits; increasing the types of application that can be processed by delegated authorities; allowing financial payments to form part of planning obligations; and allowing planning authorities to propose their own planning obligations;
• introduces the ability to charge for certain things, including for expedited decision making; and
• proposes the introduction of an infrastructure levy.