Democracy Spraffa

Local Development Plan (LDP3) Development Plan Scheme

Perth and Kinross Council · 1 November 2023
Back to Environment, Infrastructure and Economic Development Committee — 1 November 2023 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Page 1

PERTH AND KINROSS COUNCIL 
Environment, Infrastructure and Economic Development Committee 
1 November 2023 
PERTH AND KINROSS LOCAL DEVELOPMENT PLAN (LDP3)
DEVELOPMENT PLAN SCHEME 
Head of Planning & Development 
(Report No. 23/288) 
1. PURPOSE 
1.1 This report seeks approval for the update of the statutory Development Plan
Scheme (DPS) relating to the preparation of the next Perth and Kinross Local
Development Plan (LDP3). The last update was approved by the
Environment, Infrastructure and Economic Development Committee on 16
November 2022 (report 22/278 refers). It was agreed that an annual progress
report be submitted to committee detailing any changes to the Development
Plan Scheme. 
2. RECOMMENDATIONS 
2.1 It is recommended that the Committee: 
i) agrees the proposed Perth & Kinross Council Development Plan Scheme and
authorises the Executive Director (Communities) to submit the Scheme to the
Scottish Ministers; 
(ii) remits the Head of Planning & Development to submit an annual progress
report to the Environment, Infrastructure and Economic Development
Committee detailing any changes to the Development Plan Scheme. 
3. STRUCTURE OF REPORT 
3.1 This report is structured over the following sections: 
• Section 4: Background/Main Issues 
• Section 5: Proposals 
• Section 6: Conclusion 
• Appendices

Page 2

4. BACKGROUND / MAIN ISSUES 
4.1  The Scottish Government is working to implement the significant changes the
Planning (Scotland) Act 2019 made to the development planning system in
Scotland. Those changes have been slower to come into effect due to the
pandemic. This has delayed the publication of the National Planning
Framework 4 (NPF4) and the secondary regulations needed to enact parts of
the Planning Act. This, in turn, has had an impact on the LDP3 preparation
timetable as explained further in paragraph 5.3. 
4.2  NPF4 was adopted and published by the Scottish Government in February
2023. It now forms part of the statutory development plan and is used to
determine planning applications. As NPF4 is the newer planning policy
document, it takes precedence over the Local Development Plan (LDP) and
has greater weight in the decision-making process. In the event of any
incompatibility between a provision of NPF4 and a provision of a local
development plan, whichever of them is the later in date is to prevail. NPF4
sets out requirements for LDPs and also includes policy wording. Future LDPs
will have the opportunity to include policy wording which can focus on adding
detail not provided by NPF4, or where national policy does not reflect local
circumstances and local variation is therefore considered appropriate.
Examples of local policy wording could include setting out expectations of
future development in particular locations (linked to development briefs or
masterplans), details of required developer contributions, or design policies
that reflect the local context, materials and vernacular style. Work is ongoing
to fully assess and understand what the implications of NPF4 are for LDP3. 
4.3  The Development Planning Regulations came into force on 19 May 2023. The
regulations support a new way of preparing LDPs that will result in new style
plans that manage the use of land in the long term public interest. The LDP
guidance which supports the regulations was also published in May 2023. The
LDP guidance is a key document as it sets out how Local Authorities should
undertake the process of preparing LDPs and what should be included in
them. 
4.4 The Play Sufficiency Assessment (PSA) Regulations also came into force on
19 May 2023. The regulations set out the provisions relating to the new duty
contained in the Planning Act which requires planning authorities to assess
the sufficiency of play opportunities for children in their area. The Scottish
Government is still to publish PSA guidance to support the regulations, no
date has been given. The PSA has to be completed in time for it to be
included in the Evidence Report. The Regulations state what is required, and
work is already underway in this respect.  As such, it is not anticipated that
any further delay to the PSA guidance will adversely affect preparation of the
Local Development Plan.

Page 3

5. PROPOSALS 
Development Plan Scheme (DPS) 
5.1 The Planning Authority is required to prepare a Development Plan Scheme
(DPS) which provides an outline for the preparation of the LDP, as well as
detailing the Council’s commitment to consultation and engagement. The DPS
is updated at least annually. It is part of the wider project management of the
LDP3 preparation process, as it helps measure performance and informs
people of progress. 
5.2 The Development Plan Scheme in Appendix 1 sets out an update on progress
towards LDP3. It details what has been achieved so far and what is
programmed for the following years. It also includes a Participation Statement
which sets out the “when, who, how and why” of consultation/engagement at
each stage of the Plan preparation. 
5.3 The previous report to this Committee advised that the timetable for preparing
LDP3 was based on the assumption that the finalised regulations and
guidance were to be received before the end of 2022. However, as noted
above in paragraph 4.3, these were not received until May 2023. The DPS
timetable has been updated to take account of the revised publication of
NPF4 and secondary regulations and guidance for the LDP and PSA. As
outlined above, these are key documents required to inform preparation of
LDP3 and bring with them a significant number of new requirements for the
development planning process.  As a result, it is proposed to submit the
Evidence Report for assessment (‘Gate Check’) 3 months later than the
previous DPS stated. That is now proposed for September 2024, rather than
June 2024 as previously outlined. Publication of the adopted LDP3 remains
the same as previously stated at late 2027.

Page 4

Progress to date 
5.4  As part of the evidence gathering work, a significant programme of
engagement “The Big Place Conversation” was undertaken from January to
August 2023. The engagement took a number of forms including drop in
sessions, online engagement, surveys and a rolling programme of face-to-
face sessions across localities using the Place Standard tool. A total of 118
events were held and 1500 people got involved including local communities,
Community Councils and Partnerships, businesses, older people, school
pupils, youth groups, care experienced young people, gypsy travellers,
disabled and LGBTQ+ groups. A short video show casing this work has been
submitted for consideration at the Scottish Planning Innovation Awards
https://youtu.be/iwGLKpNfPWM. 
5.5 Internal awareness raising was also undertaken, with colleagues from
Community Planning & Policy and the Health and Social Care Partnership
being involved in workshops on how to use the Place Standard tool to engage
communities. The Big Place Conversation events were co-ordinated with
other engagement activities, including the proposed Mobility Strategy, and the
information gathered is being shared across Council services. It supports the
Community Plan and the Corporate Plan and, in doing so, assists
communities wishing to prepare their own Local Place Plans. 
5.6 In addition to the Big Place Conversation, other areas of evidence gathering
have been progressed to support the preparation of the Local Development
Plan, including: housing needs and demands, retail space, employment land
requirements, play sufficiency assessment and open space audit. Alongside
this, the Strategic Environmental Assessment (SEA) Baseline Report has
been finalised and the Scoping Report is currently being progressed. 
6. CONCLUSION   
6.1 The Development Plan Scheme has been drafted to update the Committee on
the preparation of the new Perth and Kinross Local Development Plan. It
revises the proposed timetable previously proposed in 2022 and sets out a
participation statement outlining the key stages of plan preparation and when
engagement is planned to take place.

Page 5

Author
Name  Designation Contact Details
Brenda Murray  Development Plan
Team Leader
(Planning & Housing
Strategy
(01738) 475000
ComCommitteeReports@pkc.gov.uk 
Approved 
Name Designation Date
David Littlejohn  Head of Planning &
Development 
23 October 2023 
APPENDICES 
• Appendix 1 – Perth & Kinross Development Plan Scheme 2022

Page 6

ANNEX 
1. IMPLICATIONS, ASSESSMENTS, CONSULTATION AND
COMMUNICATION  
Strategic Implications Yes / None
Community Plan / Single Outcome Agreement  Yes
Corporate Plan  Yes
Resource Implications  
Financial  None
Workforce None
Asset Management (land, property, IST) None
Assessments  
Equality Impact Assessment Yes
Strategic Environmental Assessment Yes
Sustainability (community, economic, environmental) Yes
Legal and Governance  None
Risk None
Consultation 
Internal  No
External  No
Communication 
Communications Plan  None 
1. Strategic Implications  
Community Plan/Single Outcome Agreement 
1.1 The Development Plan Scheme contributes to the following Perth & Kinross
Community Plan / Single Outcome Agreement priorities: 
(ii) Developing educated, responsible and informed citizens
(iii) Promoting a prosperous, inclusive and sustainable economy
(iv) Supporting people to lead independent, healthy and active lives
(v) Creating a safe and sustainable place for future generations 
Corporate Plan 
1.2 The Development Plan contributes to the achievement of the following
Council’s Corporate Plan Priorities: 
(ii) Developing educated, responsible and informed citizens; 
(iii) Promoting a prosperous, inclusive and sustainable economy; 
(iv) Supporting people to lead independent, healthy and active lives; and 
(v) Creating a safe and sustainable place for future generations.

Page 7

2. Resource Implications 
Financial 
2.1 None. 
Workforce 
2.2 None. 
Asset Management (land, property, IT) 
2.3 None. 
3. Assessments 
Equality Impact Assessment 
3.1 Under the Equality Act 2010, the Council is required to eliminate
discrimination, advance equality of opportunity, and foster good relations
between equality groups.  Carrying out Equality Impact Assessments for plans
and policies allows the Council to demonstrate that it is meeting these duties.   
3.2 The Development Plan Scheme was considered under the Council’s
Integrated Appraisal Toolkit. No impacts on equality were identified and so a
full Equality Impact Assessment was not required. 
Strategic Environmental Assessment 
3.3 The Environmental Assessment (Scotland) Act 2005 places a duty on the
Council to identify and assess the environmental consequences of its
proposals. 
3.4 The matters presented in this report were considered under the Environmental
Assessment (Scotland) Act 2005 and in relation to the Local Development
Plan, referred to in the Development Plan Scheme, further action is required. 
3.5 Due to the nature of the plan there are likely to be significant environmental
effects, as a consequence, an environmental assessment of the Local
Development Plan is compulsory under the Act. The Local Development Plan
is considered to be a ‘qualifying’ plan under the Act so it does not require
screening. 
3.6 The next stage is to prepare a scoping report as part of the Local
Development plan process. This will determine the scope of the environmental
assessment and will be submitted to the Consultation Authorities for
comment.

Page 8

Sustainability 
3.7 Under the provisions of the Local Government in Scotland Act 2003 the
Council has to discharge its duties in a way which contributes to the
achievement of sustainable development.   Under the Climate Change
(Scotland) Act 2009 the Council also has a duty relating to climate change
and, in exercising its functions must act: 
• in the way best calculated to delivery of the Act’s emissions reduction
targets;
• in the way best calculated to deliver any statutory adaptation
programmes; and
• in a way that it considers most sustainable. 
3.8 The Development Plan Scheme was considered under the Council’s
Integrated Appraisal Toolkit. The Development Plan Scheme is a vehicle for
establishing the LDP process and as such no impacts on sustainability will
arise from the Programme itself. 
Legal and Governance 
3.9 None. 
Risk 
3.10 None. 
4. Consultation 
Internal 
4.1 We have consulted with colleagues in Community Planning & Policy and the
Housing and Social Care Partnership in the development of the proposals and
they agree that using the Place Standard tool to engage with communities on
a locality basis is appropriate. 
External 
4.2 None. 
5. Communication 
5.1 None.

Page 9

2. BACKGROUND PAPERS 
2.1 The following background papers were referred to during the preparation of
this report: 
• Perth & Kinross Council Local Development Plan 2
• www.gov.scot/policies/planning-architecture/reforming-planning-
system/