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Item 6 - Scottish Government Consultations

West Dunbartonshire Council · 8 May 2024
Back to Planning Committee — 8 May 2024 and its agenda

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WEST DUNBARTONSHIRE COUNCIL
Report by Chief Officer – Regulatory and Regeneration
Planning Committee: 8th May 2024
_____________________________________________________________
Subject: Scottish Government Consultations: Investing in Planning;
Masterplan Consent Areas; and Development Plan Amendments
1. Purpose
1.1 To seek the agreement of the Committee to submit responses to various
Scottish Government consultations on proposed planning regulations and
changes to how the planning system is resourced.
2. Recommendations
2.1 It is recommended that the Committee agree the proposed Council
responses set out in Appendix 1 (Investing in Planning), Appendix 2
(Masterplan Consent Areas Regulations: Consultation) and Appendix 3
(Development Plan Amendment Regulations: Consultation).
3. Background
3.1 The Planning (Scotland) Act 2019 has introduced new changes and
responsibilities to the planning system in Scotland. The Scottish
Government published the following consultation documents:
• Investing in Planning – A Consultation on Resourcing Scotland’s
Planning System (31 May 2024) -In response to current resourcing
challenges as well as new aspects of the planning system, it sets out
proposals to improve capacity and build resilience within planning
authorities
• Masterplan Consent Area Regulations: Consultation (22 May 2024)
- are a new upfront consenting mechanism for development proposals,
which remove the need for planning and other consent applications.
• Development Plan Amendment Regulations: Consultation (22 May
2024) - With the new 10 year review period for the National Planning
Framework and Local Development Plans, the 2019 act introduced a
mechanism for these plans to be amended between full review cycles.
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4. Main Issues
Investing in Planning Consultation
4.1 The Scottish Government is committed to working with stakeholders to
ensure the planning system is better equipped to deal with current and
future challenges. They recognise that there is a need to build capacity and
skills to enable good quality development that improves places, benefits
our quality of life and helps to grow a wellbeing economy and transition to
net zero. The investing in planning consultation contains proposals seeking
to address the resourcing challenges faced by local planning authorities,
and new aspects of the planning system, such as Masterplan Consent
Areas. The proposals contain a mix of short-term solutions and building
long term resilience. Below is a summary of the key proposals within the
consultation and the views expressed to those proposals in the Council’s
consultation response in Appendix 1 of this report.
4.2 The proportionality of assessments: Stakeholders have raised concerns
about the level of information required to support planning applications and
demonstrate that they meet the requirements of NPF4. Applicants have
reported requirements differing significantly between authorities, potentially
increasing the time and cost to applicants, authorities and communities in
evaluating evidence. The Chief Planner is looking to set up a short life
working group to contribute expertise and share examples of proportionate
approaches. The consultation asks if any assessments might benefit from
improved proportionality. The recommended response does not suggest
specific assessments but supports sharing of best practice and a more
standardised approach to assessments would be beneficial.
4.3 Use of processing agreements: The consultation asks about use and
effectiveness of planning processing agreements in giving greater
understanding and certainty to all parties of decision-making timescales. In
West Dunbartonshire the Planning Service frontload all major and
significant applications which has resulted in major application timescales
being well below the Scottish national average. The Service do not tend to
use processing agreements, but have developed a Pre-Application
Framework instead, which is a more informal, flexible tool and includes
public engagement, elected member engagement and the Place and
Design Panel. There is no requirement to use a processing agreement if
detailed pre application discussions take place as all the issues are
understood upfront by applicant and officers and can be addressed
together with early consultee comments. It is considered that a processing
agreement would just add a further level of bureaucracy. 
4.4 Streamlining, alignment and standardisation: This section suggests
providing standardised templates for Section 75 agreements, improved
cross council working to align different consents, and asks for any other

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suggestions for streamlining, alignment or standardisation. The
recommended response states certain types of smaller applications, such
as householder applications, have similar issues and requirements.
Standardised approaches to these types of developments may be helpful
in speeding up the processing of these types of applications. A
standardised template for Section 75 agreements would also be helpful. 
4.5 Skills, Recruitment and Retention: There is a challenge in recruiting and
retaining planners, especially in the public sector, due to the lack of
resources, and a general shortage of experienced planners. Additional
demands on the skills pool, such as the increased complexity of
applications and demand from other sectors, such as energy, are also
contributory factors. The response highlights that specialist skills are
lacking within local authorities, as they have been lost over time due to
resource challenges. Specific subject areas include landscape, heritage,
urban design and ecology. The response also highlights other actions that
could be taken to address skill shortages, such as upskilling existing local
government staff, and investigating the opportunities to support other built
environment professionals (e.g. architects or surveyors) to move into
planning. Whilst it is recognised that good progress is being made to
encourage school leavers to join the profession through the joint work of
the Scottish Government, RTPI and HOPS through bursaries and this will
assist the profession in the future, more needs to be done to address the
lack of experienced planners at present which can disproportionately affect
smaller planning authorities. Whilst the larger planning authorities can
upskill existing staff this can be difficult in a smaller Local Authority where
focus can be in processing of applications to achieve good performance
levels and deliver development on the ground.  
4.6 Establishing a central planning hub to support planning authorities:
The consultation suggests that a Planning Hub would provide a central
pool of staff or specialists local authorities could be called upon when
needed. This could help to provide capacity, increase resilience, and allow
better access to specialists in local authorities. The idea is very similar to
the Building Standards Hub. The recommended response supports in part
the idea, which could be of benefit  to smaller planning authorities, like
West Dunbartonshire, which has less resilience to the  loss of staff and
less resources to engage specialists. However, at this stage more
information is required about how it would operate and costs. There is also
some concern the hub may recruit some planning officers from local
authorities thus causing more difficulties. The response also suggests a
number of specialisms would be beneficial to have within the hub and
suggests the hub could be hosted by the Improvement Service, which has
an established relationship with local authorities and would be a natural
extension to some of the services they provide. An increase to planning
fees would be the most straightforward way to fund the hub, however any

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funding proposal would need to be consistent with the Verity House
Agreement and again further details would be required before commitment.
4.7 Planning fees: The consultation proposes a number of changes to
planning fees to provide more resources directly to local authorities.
Devolving power to set planning fees to local authorities is proposed but it
is not supported in the response. Setting fees locally would likely be
complex and time consuming to implement. It could also lead to
disagreements between authorities and developers, which would be
unproductive, lead to longer timescales, and increase uncertainty. The
consultation also proposes an annual inflationary increase to planning
fees, which is supported and it is recommended that this should be
implemented now. 
4.8 The consultation proposes that local authorities could increase
discretionary fees on sites not allocated in the local plan. The proposed
response supports this proposal on the basis that sites allocated in the
plan have already undergone a degree of assessment and scrutiny,
whereas an unallocated site has not. It is also proposed to introduce fees
for appeals and Local Review Bodies. The recommended response
supports this measure due to the time and resource responding to an
appeal, or running a Local Review Body requires. However, the response
does suggest that a fee higher than that proposed in the consultation
(between 10% and 40%) might be more appropriate.
4.9 The consultation proposes introducing a fee category for hydrogen
projects, increased fees for prior notifications and approval categories.
which is supported. Introducing a fee for using the online planning and
building warrant portal is also proposed.  The response does not agree
with this proposal. A fee for the use of the portal on top of planning fees,
may leave applicants feeling they are paying for their application twice.
Charging for the portal through planning fees would effectively pass the
cost onto local authorities. A fee may also discourage applicants from
using the portal, which is usually the most efficient way to receive and
process applications. 
4.10 Energy application threshold:  Changing the 50MW threshold for energy
applications to be determined by local authorities is supported, as it would
give a greater level of local control over these projects and the local
authority would receive the full planning fee on proposals above 50MW,
where they currently only receive half. It would also alleviate pressures on
the Energy Consents Unit.
4.11 Prioritisation: The consultation asks which actions should be prioritised.
The response supports prioritising increasing fees with inflation and
charges for prior notifications and approval and guidance for the policies of

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NPF4.  Throughout the response, it has been highlighted that many of the
resource issues faced by planning authorities are due to wider local
authority and public sector resource challenges. It is not just planning
services that are responsible for a well-functioning planning system. Other
local authority services (e.g. roads, housing, green space, communities)
also contribute to planning and they are challenged by the availability of
resources. The broad range of policies in NPF4 has put more pressure on
these services which need to be adequately resourced, otherwise the
planning process will be slowed down. The same applies to Key Agencies,
who are not able to provide the level of support they once were. More
adequate funding for other services of local authorities and the public
sector (such as fees) should also be considered.
Masterplan Consent Areas (MCAs)
4.12 MCA schemes will front-load consenting, by giving upfront consent for
several types of consent, including planning permission, roads construction
consent, listed building consent, and conservation area consent. The 1997
Act provides that planning authorities will be able to prepare a MCA
‘Scheme’ setting out the detail of what they are giving consent for, through
the MCA scheme. The MCA scheme can include conditions, limitations
and exceptions which may cover aspects such as development
parameters, design and environmental matters. Within adopted MCA
areas, development could be brought forward in line with the agreed
scheme without the need for any further application.
4.13 The Council’s response to the MCA regulations consultation is set out in
Appendix 2. The key points from the Council’s response include:
• Agreement with the principle of the regulations and is supportive of
guidance being prepared before this part of the planning act comes into
force.
• Agreement with all forms of development which the Planning and
Roads Authorities would otherwise grant consent for being able to be
granted with a MCA.
• Agreement that no additional areas should be excluded to those within
the Planning Act, such as World Heritage Sites or Sites of Special
Scientific Interest.
• Suggestions that the requirements in relation to the duty to periodically
consider making an MCA scheme should be set out in regulations,
rather than guidance, so as to ensure certainty and consistency.
• Agreement with requirements to consult community councils and hold
public consultation events for possible proposals for a masterplan
consent areas scheme.
• Agreement that reasoning should be provided for any conditions placed
on a MCA scheme, as is the case with planning applications.
• Agreement with regulations in relation to who a planning authority must
notify about a proposed MCA scheme and how consultation should be

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undertaken as these broadly align with existing processes for planning
applications.
• Agreement that there should be a minimum 30-day period for
representations in line with current arrangements for Environmental
Impact Assessment applications, with a suggested wording to clarify
that this a longer period is acceptable.
• Agreement with the requirement to hold a hearing for development
which would be national development as well as the proposal to give all
interested parties the opportunity to be heard at such a hearing.
• Agreement with proposals in relation to notification of Ministers;
inclusion in the planning register and for publication of decision notices
online, with a suggestion to remove the requirement to publish a
decision notice in a local newspaper or reduce the required content of
notices to be published in a local newspaper.
• Agreement with the proposals for altering a MCA scheme, noting that
the requirements for review should be proportionate to the extent that
the scheme is to be altered.
• A suggestion that the form of notices should be included in regulations.
• Agreement that the processes for a MCA, which relates to
Environmental Impact Assessment development should have similar
procedures to Environmental Impact Assessment applications.
Development Plan Amendment Regulations
4.14 The Planning Act (Scotland) 2019 amended the Town and Country
Planning Act (Scotland) 1997 to require the Scottish Government to fully
review the National Planning Framework (NPF) every 10 years and
planning authorities to fully review Local Development Plans (LDP) every
10 years. Given the length of time between these review periods, they also
added provisions to enable both documents to be amended between full
review cycles. The regulations will set out the processes to amend
development plan documents and requirements the Scottish Government
and planning authorities must consider when preparing amendments.
4.15 The Scottish Government are proposing that if an amendment would
change at least half (nine or more) of the national developments or at least
half (17 or more) of the national planning policies in the NPF then this
would trigger a full review. This is acknowledged as being a high bar to
trigger a full review, their reason given is that the wish to provide
confidence in the planning system over the long term and that a full review
is resource intensive for stakeholders.
4.16 The consultation paper sets out the process for amending the NPF which
includes engagement and justification, preparation, consultation, scrutiny,
and adoption. It also sets out the following process for amending LDPs,

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which includes justification, preparation, consultation, examination and
adoption. 
4.17 The Council’s response to the Development Plan amendment regulations
consultation is set out in Appendix 3. The key points from the Council’s
response include:
• When considering if an amendment to the NPF would trigger a full
review of the NPF a combination of changes to national planning
policies and national developments should be considered.
• The way the consultation paper is worded makes it ambiguous as to
whether Scottish Ministers will be required to outline the engagement
that will take place during the NFP amendment process by regulation. It
is suggested that this is an explicit requirement of the regulation, and
that it should take the form of a Participation Statement.
• The Council agree that there should be flexibility within the regulations,
for both NPF and LDP amendments, as to which groups of the public
should be engaged and the weight given to statutory consideration for
plan making, as the scope of who needs to be engaged and what
needs given deep consideration will vary depending on the nature of
the amendment.
• The Council agrees that there should be flexibility in consultation
timescales for NPF and LDP amendments to enable longer periods if
necessary, depending on the scope of the amendment. However, the
proposed minimum timescale of six weeks may be too short.
• Currently a full Proposed LDP needs to be approved by full Council;
however, it is currently proposed an amendment would not. This does
not seem consistent with a collaborative planning system; a key
outcome of the planning reforms and it is recommended that the
requirement for approval by full Council is retained.
5. People Implications
5.1 There are no direct personnel issues associated with this report. However,
the outcomes of the Investing in Planning consultation may assist in
addressing some resourcing issues arising from the implementation of
changes to the planning system including Masterplan Consent Areas.
6. Financial and Procurement Implications
6.1 There are no financial or procurement implications associated with this
report.

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7. Risk Analysis
7.1 There are no risks associated with this report.
8. Equalities Impact Assessment (EIA)
8.1 The responses to these consultations are not policy and do not themselves
have any relevance to the four areas. The responses are screened out as
not relevant.
9. Consultation
9.1 Planning officers have discussed the content of the consultation
documents and attended Heads of Planning Scotland events to discuss
the consultation documents.
10. Strategic Assessment
10.1 The consultations will be of relevance to the following strategic priorities:
• A strong local economy and improved employment opportunities –
through setting planning policy for housing and economic development
within a wider framework which has addressing climate change and
nature recovery as primary guiding principles.
• Meaningful community engagement with active empowered and
informed citizens who feel safe and engaged – through setting
guidance for when and how communities should be engaged in the
development planning process.
Alan Douglas
Chief Officer – Regulatory and Regeneration
Date: 8th May 2024
_________________________________________________________________
Person to Contact: Pamela Clifford Planning, Building Standards and
Environmental Health Manager 
pamela.clifford@west-dunbarton.gov.uk 
Cameron Clow, Development Planning & Place Officer
cameron.clow@west-dunbarton.gov.uk
Matthew Spurway, Development Planning & Place
Officer
matthew.spurway@west-dunbarton.gov.uk

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Appendix: Appendix 1: Response to Investing in Planning
Appendix 2: Response to Proposals for Masterplan
Consent Area Regulations
Appendix 3: Response to Proposals for Development
Plan Amendment Regulations
Background Papers: Investing in Planning – a consultation on resourcing
Scotland’s planning system
https://www.gov.scot/publications/investing-planning-
consultation-resourcing-scotlands-planning-system/
Masterplan consent area regulations: consultation 
https://www.gov.scot/publications/masterplan-consent-
areas-consultation-draft-regulations/
Development plan amendment regulations:
consultation
https://www.gov.scot/publications/proposals-
regulations-amend-national-planning-framework-local-
development-plans-2/
Wards Affected: All