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Item 6 - Scottish Government Consultation - Training for Elected Members

West Dunbartonshire Council · 11 October 2023
Back to Planning Committee — 11 October 2023 and its agenda

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WEST DUNBARTONSHIRE COUNCIL
Report by Planning, Building Standards and Environmental Health Manager
Planning Committee: 11 October 2023
_____________________________________________________________
Subject: Scottish Government consultation on mandatory training on
planning for Elected Members
1. Purpose
1.1 To seek the agreement of the Committee to submit a response to the
Scottish Government consultation on mandatory training on planning for
Elected Members.
2. Recommendations
2.1 It is recommended that the Committee agree the proposed Council
response set out in Appendix 1.
3. Background
3.1 An independent review of the Scottish planning system, published in May
2016, recommended mandatory training on planning for Elected Members.
Public consultation on the independent review indicated broad support for
mandatory training, and subsequently the requirement for mandatory
training was included in the Planning (Scotland) Act 2019, with Section 45
of that Act prohibiting Elected Members from carrying out specified
planning functions if they have not completed training specified by Scottish
Ministers, with these functions to be specified in Regulations. These
Regulations have not been published yet, and the purpose of the
consultation is to inform them.
3.2 At West Dunbartonshire, most of the Elected Member involvement in
planning functions takes place at Planning Committee. This is where the
majority of non-delegated planning applications are decided, as well as all
decisions on Local Development Plan matters, other planning policy
matters and responses to Scottish Government and other consultations.
Reviews of delegated planning decisions are undertaken by the Local
Review Body, which has the same membership as the Planning
Committee. Under the current Scheme of Delegation, Full Council decides
on planning applications which fall into the category of National
Developments, and also Major Developments that are significantly contrary
to the Development Plan. Under changes introduced by the Planning
(Scotland) Act 2019, certain stages of the Local Development Plan (the
Evidence Report and the Proposed Plan) will also need to be approved by

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Full Council, and because the Clyde Mission area, covering 500 metres
either side of the River Clyde, is now a National Development, more
planning applications received by the Council will be considered National
Developments and considered by Full Council. As a result of these
changes, Full Council will be involved in more planning decisions in the
future, relating to both the Local Development Plan and planning
applications.
3.3 Presently planning training is provided at the beginning of the new election
cycle for new and returning Elected Members. This covers the
development plan system, the determination of planning applications and
material considerations, enforcement, the Councillor Code of Conduct and
the Local Review Body. Whilst there is no formal planning training plan,
training has been delivered on NPF4, placemaking matters, health and
wellbeing considerations and at various stages of the local development
plan process.  Training is also provided on a request basis, for example,
when an Elected Member who previously was not involved in the Planning
Committee becomes a member of the Planning Committee. 
4. Main Issues
4.1 The Scottish Government published a consultation paper on Mandatory
Training on Planning for Elected Members in July 2023, with comments
sought by 26 October 2023 (Mandatory Training on Planning for Elected
Members (www.gov.scot)). The consultation responses will be used to
inform the preparation of Regulations relating to the provision for
mandatory training for Elected Members set out in the Planning (Scotland)
Act 2019. The consultation paper sets out context and asks a number of
questions relating to:
• The planning functions that Elected Members be prohibited from taking
decisions on until training requirements have been completed - for
example, the prohibition could be restricted to taking decisions on planning
applications, or could extend to include decisions on the Local
Development Plan and other policy documents.
• Whether different levels of training is required for Elected Members on the
Planning Committee, and other committees that take planning decisions -
most non-delegated planning applications are decided by the Planning
Committee, but some go to full council, and under the Planning
(Scotland)Act 2019, some decisions relating to the Local Development
Plan will also be taken at full council. The Local Review Body reviews
decisions on delegated planning applications.
• The content of any mandatory training and how it should be delivered - the
consultation paper asks if the mandatory training should focus on the key
principles and knowledge of the planning system, and suggests topics that
could be covered in mandatory training (1. importance of the plan led
system; 2. planning application process; 3. decision making at committee;

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4. role of Elected Members; and 5. post-decision issues). A number of
options for delivery are set out, including online and in-person training, and
training delivered by Council officers or appointed trainers.
• Whether Elected Members should be required to pass a test before being
allowed to take planning decisions
• The frequency of mandatory training – suggestions include once a year,
every election cycle or just once; 
• Whether and where information relating to the completion of training
should be published – suggestions include online or in the annual Planning
Performance Framework; and
• How the long-term effects of training could be monitored 
4.2 The Council welcomes the consultation on mandatory training on planning
for Elected Members. Planning legislation and planning matters can be
complex and it is essential that Elected Members have adequate training to
enable them to make informed decisions. 
4.3 The proposed response to the consultation paper is set out in Appendix 1.
Key points from the response are summarised below:
• It is the view of the Council that Elected Member involvement in the
determination of planning applications and decisions on Local
Development Plans should be prohibited until mandatory training has been
completed.
• However, many of the Council’s Elected Members have concerns that a
restriction on them taking part in decisions on planning functions is anti-
democratic, as they have been elected to take these decisions.
• It is the view of the Council that the training requirements for Elected
Members should be the same, regardless of whether their involvement in
planning decisions takes place at Planning Committee, Full Council or
Local Review Body.
• Mandatory training should focus on the key principles and knowledge of
the planning system, and the topics set out in the consultation paper are
what mandatory training should cover (These are: 1. Importance of a plan
led system; 2. Planning application processes; 3. Decision making at
committee; 4. Role of Elected Members; and 5. Post decision procedures).
Councils could complement these mandatory topics with information on
subjects such as conservation, listed buildings, biodiversity, enforcement, 
affordable housing developer contributions, placemaking, sustainability,
net zero, etc
• Training should be provided by options of in-person training for Elected
Members who prefer to learn that way and an online course that can be
taken by Elected Members at their own convenience.
• The requirement for a test would focus Elected Members’ focus on
training, but it is recognised that this may be a disincentive for some
Elected Members to be a part of committees that take decisions on
planning matters.

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• Mandatory training should be undertaken every election cycle, with Elected
Members encouraged to keep skills and knowledge up to date via annual
training covering emerging legislation and updated procedures and issues.
• It is not considered necessary to publish a list of which Elected Members
have undertaken the training course, with this information available on
request.
• Monitoring is supported if it will be purposeful and used to ensure
mandatory training is meeting objectives. 
5. People Implications 
5.1 There are no direct personnel issues associated with this report. Some of
the options set out in the consultation paper would require Council officers
to deliver mandatory training to Elected Members. There may resource
issues if the Planning Service have to deliver mandatory training, however,
these are likely to be minimal as the Council already provides in-house
training on planning for Elected Members. 
6. Financial and Procurement Implications 
6.1 There are options mentioned in the consultation paper which refer to the
Scottish Government procuring an online course or an online training
provider. However, no reference is made as to whether planning
authorities would be required to contribute to the cost of this. The Council
response advises that our planning training is currently delivered in house
and any costs to the Council would be an additional burden at a time of
budget restraint. 
7. Risk Analysis 
7.1 Planning decisions are quasi-judicial in nature and poor decisions can
result in costs being awarded at appeal or challenged at the Court of
Session, at which costs can also be awarded against planning authorities.
It is important to have well informed Elected Members in order to limit
decisions which could have financial and legal implications for the Council.
An intended outcome of mandatory training would be decisions being
taken on a better informed basis, and therefore the risk of poor decisions
being taken would be reduced. However, as the Council already provides
training in-house, it is not clear that the risk reduction for West
Dunbartonshire Council would be significant. 
8. Equalities Impact Assessment (EIA) 
8.1 The Scottish Government has undertaken an equalities impact
assessment of the consultation documents.

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9. Consultation 
9.1 An information/discussion session was held for Elected Members on 13
September 2023, at which comments which have informed this response
were collated. The consultation paper and contents of this report were
shared with Committee Services and Legal Services. 
10. Strategic Assessment 
10.1 As planning decisions can impact on all of the Council’s strategic priorities,
it is considered that the proposed mandatory training is relevant to all. 
Pamela Clifford 
Planning, Building Standards and Environmental Health Manager 
Date: 11th October 2023
_________________________________________________________________ 
Person to Contact: Pamela Clifford, Planning, Building Standards and
Environmental Health Manager
Pamela.clifford@west-dunbarton.gov.uk 
Alan Williamson, Development Planning & Place Team
Leader
Alan.williamson@west-dunbarton.gov.uk 
Appendix: Appendix 1: Response to Scottish Government
consultation on mandatory training on planning for
Elected Members 
Background Papers:  Scottish Government consultation paper on mandatory
training on planning for Elected Members - Mandatory
Training on Planning for Elected Members
(www.gov.scot) 
Wards Affected:  All