Efficiency and inclusivity--'make it a reality now or give up': Deborah Peel and Greg Lloyd...

JUST BEFORE the 2005 Christmas recess, the Planning etc. (Scotland) Bill was presented to the Scottish Parliament by the Communities Minister, Malcolm Chisholm, who is responsible, among other things, for land use planning. (1) Echoing the Scottish Executive press release, this was heralded

by the BBC as representing 'the biggest changes to planning laws in Scotland in 50 years'. The Bill takes forward the heroic ambitions set out in the Scottish coalition government's Partnership Agreement, which highlighted the commitment to modernise the planning system, enhance community involvement and reflect local views better, speed up decision-making processes, and allow quicker investment decisions.

The remit of the Planning etc. (Scotland) Bill (the 'Planning Bill' in the following) encompasses provisions relating to town and country planning, business improvement districts, and various connected purposes. The Bill represents the culmination of six years of consultation papers and related research studies that have sought to address the perceived deficiencies of the land use planning system and to reform it so as to make it 'fit for purpose'. (2) Echoing the spirit of the earlier Green Paper in England and Wales ushering in a 'fundamental change', a former Scottish Planning Minister had similarly declared that the 'status quo is not an option'.

The Planning Bill fleshes out the ideas discussed in the Modernising the Planning System White Paper which was issued by the Scottish Executive before the 2005 summer recess. It seeks to provide a mechanism for the delivery of a modernised land use planning system. It brings together elements of a 'modernisation package'. In the words of the Scottish Executive's Chief Planning Officer during the promotion and dissemination of the White Paper, this was never intended to be a 'pick and mix' option. The Bill requires primary and secondary legislation; remaining matters will be dealt with through strategic policy guidance.

The purpose of the Planning Bill is to amend and extend existing planning legislation. Specifically, it seeks to strengthen the National Planning Framework; and it reshapes development plan arrangements by providing for 'strategic development plans' (to be produced by a group of planning authorities designated by Ministers and to be called a 'strategic development planning authority') and local development plans. Effectively, these would replace the existing structure and local plans. Significantly, it is proposed to introduce a statutory duty for development plans to be updated every five years. Moreover, the Bill introduces a new duty to 'contribute' to sustainable development--a duty which will require some further guidance as to what this means in practice.

In many ways, the raft of provisions reflect a reworking and strengthening of existing planning legislation, and echo many of the developmental themes in the Planning and Compulsory Purchase Act 2004. (3) What evidence is there of a step-change in the Scottish Bill?

The role of the National Planning Framework

Part 1 of the Planning Bill explicitly enhances the role of the National Planning Framework (NPF) in Scotland. The NPF will contain a statement of national priorities and a strategy for the long-term spatial development of Scotland, with particular attention paid to transport and related infrastructure matters. The Planning Bill seeks to enhance the current status of Scotland's national spatial plan in order to drive the strategic priorities around infrastructure provision and politically accepted patterns of national development. (4) This anticipated political legitimacy places the NPF at the pinnacle of a strengthened plan-led system.

Strategic and local development plans

Part 2 of the Bill addresses the provisions for development plans. The proposed strategic development plans and local development plans are intended to modernise current arrangements. In effect, a two-tier system will prevail in the four 'city-regions' of Aberdeen, Dundee, Edinburgh and Glasgow. Elsewhere, a unitary local development plan system is proposed. In strategic terms, key agencies are to be brought in as statutory consultees, and greater use will be made of supplementary guidance to secure delivery of the planning and development agenda. This aspect of the proposed legislation seeks to secure both efficiency and inclusion gains from a streamlined development planning system. An ongoing city-regional debate will define the precise territorial implications for the strategic development planning authority.

Development management

Part 3 of the Bill addresses the meaning of development. In a distinctively Scottish way, the definition of development is expanded to include fish-farming within 12 nautical miles of the coast. Moreover, Part 3 redefines development control as 'development management' and proposes a development hierarchy for the handling of applications for planning permission. (5) Within this hierarchy, different scales of development would be given appropriate decision-making and appeal arrangements. This is intended to allow for the more effective deployment of the planning resource across Scotland, and reflects the intellectual arguments for the decentralisation of decision-making and public participation at the most appropriate scale. (6)

The very nomenclature of 'development management' indicates an emphasis on delivery and implementation, rather than on what may be interpreted as the negative and regulatory approach conventionally associated with development control. Indeed, the Bill advocates a positive approach to development. The Bill also sets out revised provisions relating to appeals and planning obligations (formerly planning agreements).

Re-enforcing the emphasis on a new culture of planning, the Bill proposes a duty on prospective applicants for certain prescribed classes of development to undertake pre-application consultation. Reflecting the theme of social inclusion in current political agendas in Scotland, new provisions are proposed for good neighbour agreements. These may represent an innovation in local planning practice, and possibly point the way forward for facilitating development in specific localities. (7) In effect, established mechanisms for public participation are being extended.

Enforcement

Part 4 of the Bill addresses enforcement. This has traditionally been an under-resourced 'Cinderella' activity. (8) Indeed, it was acknowledged in the foreword to the White Paper that there is a need to rebuild confidence in the system, and that planning authorities need to give a higher priority to this policing activity, such as the more rigorous enforcement of conditions attached to planning permissions.

The intention to encourage planning authorities to adopt a more pro-active approach to enforcement, to discourage unauthorised development, and to deal with breaches of planning control more efficiently has been taken forward in the Planning Bill. Measures include a requirement for developers to notify local authorities about the commencement of development work, the introduction of temporary stop notices, and the introduction of enforcement charters to allow the public to know what powers local authorities have and how they intend to use them.

Underlying these proposed reforms is a clear attempt to create greater confidence and a wider sense of fairness in the planning process.

Business improvement districts

Part 9 of the Bill represents the new positive culture of land use planning in Scotland by addressing arrangements for business improvement districts (BIDs). Here, detailed provisions are made for their introduction in appropriate localities. In Scotland, this signals an emphasis on delivery and extends land use planning beyond mere State regulatory mechanisms. It represents a clear attempt to assert the maturing of a planning system in the face of change. Moreover, this line of thinking reflects an emerging recognition that the four principal cities represent the economic 'engines of growth', and reasserts the wider urban regeneration policy agenda flagged by the Scottish Executive's Review of Scotland's Cities, the Building Better Cities policy framework, and Cities Growth Fund. (9)

Culture change

A less trumpeted but equally important aspect of the White Paper that preceded the Bill was the attention given to the importance of explaining the new spirit and purpose of planning by initiating a culture change.

This was explicitly framed as necessitating a 'change in ethos' and stemmed, in part, from an acknowledgement that a change in the public perception of planning is required. (10) Indeed, it is evident that the Scottish Executive considers that the real changes needed to make the proposed reforms work effectively must come from the planning profession, and be championed by planners themselves. This is not, however, to underplay the "complex set of relationships between those who operate the planning system, those who use it and those who are affected by the decisions which it takes'. (10) This hints at a very comprehensive interpretation of what constitutes a community of planning practice.

Underlying this ambition is an implicit agenda for reputation-building, rebranding, and image enhancement with respect to land use planning. It also places demands on the skills and training agenda, and raises questions about the planning resource to put the intended culture change into effect. (11) In commenting on the 'fundamental change' agenda in England, David Lock traced a story of continuous reform that had taken place since 1947. (12) The implications are that planning has always had to respond to changing circumstances and political priorities, including calls for greater public participation and regionalisation.

Time and place

In 1947, Lewis Silkin, Minister of Town and Country Planning, in contributing to the debate on the Land Planning Bill, asserted: 'We must make town and country planning a reality now or abandon the attempt for ever. We shall never get another chance.' This was reported seriously and comprehensively. (13) It was stated that 'A new type of planner would have to be trained to carry out the broader conception of planning. He [Mr Silkin] was confident that the universities would fully play their part both in research and in training. The people whose surroundings were being planned would be given every chance to take an active part in the planning process, particularly when the stage of detail was reached.' (13)

In June 1948, The Scotsman reported Mr Silkin's address to the Town Planning Institute meeting in Edinburgh. The Minister stated: 'This new conception of planning will require a completely new outlook, new technique, certainly a new type of training, and possibly a new type of planner.' (14) A paper on Scottish planning problems by Mr R. Gardener-Medwin was also reported, in which he asserted that the biggest problem in Scotland was "the staffing of our planning authorities for the task ahead. We have gained great inspiration from the authors of the advisory schemes for the cities and regions, and we shall continue to seek their help. But we need now to build up our permanent staffs to achieve continuity in the process of survey and plan throughout the country.' (14)

Launching the Planning Bill in 2005, Communities Minister Malcolm Chisholm asserted that the current Scottish Planning Bill represents 'a once in a lifetime opportunity' to 'reform the planning system to make it both more efficient and inclusive'. Moreover, the White Paper had intimated that in order to effect change, planners would require the support of the 'academic institutions responsible for educating the next generation of planners, and providing them with the necessary knowledge, skills and competencies'. Furthermore, the reform agenda 'must encourage a retain to enthusiasm for the task of creating a vision for the growth, development and protection of places, to ensure that planning facilitates achievement of Scotland's wider national objectives'. (15)

It is, perhaps, this particular focus on a national canvass and the explicit politicisation of national planning priorities that distinguishes this reform in Scotland, and cuts to the quick of the efficiency-inclusivity challenge.

Notes

(1) Planning etc. (Scotland) Bill. SP Bill $1. Scottish Parilament, Edinburgh, 2005. Available online at http://www.scottish.pariiament.uk/business/bill/51-planning/ b521s2-introd.pdf

(2) M.G. Lloyd and D. Peel: 'Planning reforms take centre stage'. Town & Country Planning, 2005, 74, Oct., p 293; and M.G. Lloyd and B. Illsley: 'Towards a modern planning system'. Town & Country Planning, 2000, 69, Mar., pp.80-81

(3) B. Pritchard: 'The new dawn breaks--development plans and the Planning and Compulsory Purchase Act 2004'. Town & Country Planning, 2004, 73, Dec., p.366

(4) M.G. Lloyd and D. Peel: 'Shaping national space in Scotland'. Town & Country Planning, 2003, 7Z, Aug., pp.224-IBC

(5) M.G. Lloyd and D. Peel: 'No more tinkering--putting planning at the top of Scotland's agenda'. Town & Country Planning, 2005, 74, Sept., pp.265-268

(6) P. Allmendinger: "Re-scaling, Integration and competition: future challenges for development planning'. International Planning Studies, 2003, 8 (4), pp.323-328

(7) B.M. Illsley: 'Love thy neighbour:. Good neighbour agreements'. In Y. Rydin and A. Thornley (Eds): Planning in the UK. Agendas for the New Millennium. Ashgate Publishing, Aldershot, 2002, pp.225-236

(8) J. Rowan-Robinson: "Enforcement: the weakest link In the Scottish planning control system'. Urban Low and Policy, 1987, 8, pp.255-288

(9) D. Peel and M.G. Lloyd: 'A case for Business Improvement Districts In Scotland: policy transfer in practice?'. Planning, Practice & Research, 2005, 20 (1), pp.89-95

(10) Modernising the Planning System. White Paper, Scottish Executive, Edinburgh, 2005

(11) J. Deegan: "Another step towards a culture change'. Town& Country Planning, 2004, 73, May, p.153

(12) D. Lock: Planning Reform. Where Next After the Green Paper? Tomorrow Series Paper 10. Town and Country Planning Association, London, 2002

(13) 'Town and Country Planning: 'Make it a reality now or give up'--Mr Sulkin'. The Scotsman, 30 Jan. 1947, p.5

(14) 'Town planning problems. Minister on need for new technique'. The Scotsman, 5 Jun. 1948, p.6

(15) Modernising the Planning System. White Paper, Scottish Executive, Edinburgh, 2005, p.31

Deborah Peel and Greg Lloyd are based at The Geddes Institute in the School of Town and Regional Planning at the University of Dundee.