Democracy Spraffa

2023_24_Planning_Final Report

Argyll and Bute Council · 19 December 2023
Back to Audit and Scrutiny Committee — 19 December 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

Argyll and Bute Council
Internal Audit Report
December 2023
Final 
High Medium Low VFM
Number of
Findings
0 1 3 0 
Planning
Audit Opinion: Substantial

Page 2

2 
Argyll and Bute Council – Internal Audit Report – Planning, December 2023 
Contents 
1. Executive Summary ........................................................................................................................ 3
Introduction ............................................................................................................................................ 3
Background ............................................................................................................................................. 3
Scope ....................................................................................................................................................... 3
Risks ........................................................................................................................................................ 3
Audit Opinion ......................................................................................................................................... 4
Recommendations ................................................................................................................................. 4
2. Objectives and Summary Assessment ........................................................................................... 4
3. Detailed Findings ............................................................................................................................ 6
Appendix 1 – Action Plan ..................................................................................................................... 10
Appendix 2 – Audit Opinion ................................................................................................................. 12 
Contact Details 
Internal Auditor: David Sullivan 
Telephone:  01546 604125 
e-mail:   david.sullivan@argyll-bute.gov.uk 
www.argyll-bute.gov.uk

Page 3

3 
Argyll and Bute Council – Internal Audit Report – Planning, December 2023 
1. Executive Summary
Introduction
1. As part of the 2023/24 internal audit plan, approved by the Audit & Scrutiny Committee in
March 2023, we have undertaken an audit of Argyll and Bute Council’s (the Council) system of
internal control and governance in relation to Planning Applications.
2. The audit was conducted in accordance with the Public Sector Internal Audit Standards (PSIAS)
with our conclusions based on discussions with council officers and the information available at
the time the fieldwork was performed. The findings outlined in this report are only those which
have come to our attention during the course of our normal audit work and are not necessarily
all the issues which may exist. Appendix 1 to this report includes agreed actions to strengthen
internal control however it is the responsibility of management to determine the extent of the
internal control system appropriate to the Council.
3. The contents of this report have been agreed with the appropriate council officers to confirm
factual accuracy and appreciation is due for the cooperation and assistance received from all
officers over the course of the audit.
Background
4. Planning supports the design and delivery of high quality places which are vital to the social,
environmental and economic success of our towns, rural communities and to our health and
wellbeing.  The Planning Service is located in various offices across the main settlements of
Argyll and Bute providing relatively easy access to a large proportion of the population.
Customers on more remote mainland and island locations are also able to access Council
services at Customer Service Points.
5. The primary responsibility for the delivery of the planning service in Scotland lies with the 32
local authorities and the two national park authorities (Cairngorms and Loch Lomond and the
Trossachs).  Planning authorities are responsible for administering the planning system.
6. The Councils Development Management Service is responsible for the process of deciding
whether to grant or refuse planning permission and other related consents.  Applications are
determined in accordance with the development plan and decisions must be guided by policies
in the Councils development plan.  
7. In 2022/23 the Council received a total of 2,035 statutory planning and related application
submissions, 1,859 were validated in this period and 1,575 were determined.
Scope 
8. The scope of the audit is to review the systems and process in place in respect of planning,
focusing on efficiency of processes and improvements in communication with customers.
Risks
9. The risks considered throughout the audit were: 
 Audit Risk 1: Formal processes aligned to legislative requirements to assess planning
applications are not in place

Page 4

4 
Argyll and Bute Council – Internal Audit Report – Planning, December 2023 
 Audit Risk 2: Planning efficiency targets rates are not achieved
 Audit Risk 3: Sufficient resources are not in place to meet targets
 Audit Risk 4: Customer communication processes are not in places
 Audit Risk 5: Planning do not liaise with other relevant Council bodies or outside
agencies
 Audit Risk 6:  Performance monitoring is not carried out and reported
Audit Opinion
10. We provide an overall audit opinion for all the audits we conduct. This is based on our
judgement on the level of assurance which we can take over the established internal controls,
governance and management of risk as evidenced by our audit work.  Full details of the five
possible categories of audit opinion is provided in Appendix 2 to this report.
11. Our overall audit opinion for this audit is that we can take a substantial level of assurance.  This
means that internal control, governance and the management of risk is sound. However, there
are minor areas of weakness which put some system objectives at risk and specific elements of
residual risk that are slightly above an acceptable level and need to be addressed within a
reasonable timescale.
Recommendations
12. We have highlighted one medium recommendation and three low recommendations where we
believe there is scope to strengthen the control and governance environment. These are
summarised below:
 Staff training schedules to be introduced
 Ongoing action on detailed procedures to be completed
 Customer Charter to be updated 
 Service level Customer forums to be considered for re-introduction
13. Full details of the audit findings, recommendations and management responses can be found in
Section 3 of this report and in the action plan at Appendix 1.
2. Objectives and Summary Assessment
14. Exhibit 1 sets out the control objectives identified during the planning phase of the audit and our
assessment against each objective:   
Exhibit 1 – Summary Assessment of Control Objectives 
Control Objective Link to Risk Assessment Summary Conclusion

Page 5

5 
Argyll and Bute Council – Internal Audit Report – Planning, December 2023 
CO1 The Council has
appropriate
processes in place
that are aligned to
legislative
requirements.
Audit Risk 1 Reasonable Planning service does not currently
have established procedural
documentation in place.  The
Planning service has extensive
guidance for the public on its website
to facilitate applicants in the
planning application process.  Staff
training should be re-instated. 
C02 Planning
Applications are
processed in line
with
procedures/guidance
and policies.
Audit Risk 1
Audit Risk 3
Substantial Sample testing was carried out
against a range of processes/checks
required to be followed for all
applications.  Of the 10 planning
applications selected for review, all
were found to be satisfactory, other
than meeting the performance date
set for completion.  Only one was
completed within the target date.
CO3 Efficiency targets are
in place and
reported upon
Audit Risk 2
Audit Risk 3
Substantial Planning currently have one
efficiency target in place, namely to
process planning applications within
30 days.  The target was recently
changed from 20 days.  Planning
benchmark performance against the
national average and other rural
authorities.  Legacy cases are
regularly reviewed.
CO4 The Planning Service
liaise regularly with
customers and
relevant outside
agencies.
Audit Risk 4
Audit Risk 5
Substantial Planning services liaise regularly with
customers and outside agencies with
routine attendance at meetings of all
relevant outside agencies.  The
Planning services use the corporate
complaints process for complaints
regarding planning applications.  The
Customer Charter was last reviewed
in 2012.  Service level Customer
forums to be considered for re-
introduction.
CO5  Appropriate
arrangements are in
place for
performance
monitoring and
reporting
Audit Risk 5 Substantial The Council publish a Performance
Framework document that sets out
the Council’s aims of improving
performance.  Planning Services
forward performance data to the
Scottish Government twice yearly.
Development Management and
Development Policy items are
reported to the centralised Planning,
Protective Services and Licensing
(PPSL) Committee.

Page 6

6 
Argyll and Bute Council – Internal Audit Report – Planning, December 2023 
15. Further details of our conclusions against each control objective can be found in Section 3 of this
report.  
3. Detailed Findings
The Council has appropriate procedures/guidance and policies in place that are aligned to legislative
requirements
16. The planning application process is principally governed by planning legislation, for example the
Country and Planning (Development Management procedure) (Scotland) Regulations 2013 and a
host of Planning Circulars such as Planning Circular 3/2013: Development Management
procedure.  All relevant legislation, statutory guidance and circulars are available for Council
officers to view on SharePoint. 
17. The Planning service does not currently have an established procedural document in place. This
was highlighted as a “High” recommendation during the 2021/22 audit.  The action has been
delayed until June 2024 with the following explanation from Planning officers: “staff availability
to progress this action has again been limited and the requirement to prepare a current
procedure note is being overtaken by ongoing work to review and update current work
processes that are linked to the IT led project for the replacement of Civica with the IDOX
Document Management System (DMS).  The IDOX DMS project has however been delayed as a
result of matters out with the direct control of the Development Management Service and is
currently expected to be completed by Summer 2024, it is recommended that the updated
procedure notes be produced to align with the introduction of the new system environment”.
Action Plan 2
18. Planning staff follow a series of workflow documents which are aligned to legislative
requirements and current guidance.  Planning are currently looking at streamlining their internal
processes and improving communication with customers.  This has been included as an action
within the Planning and Regulatory Services Team update on 19th April 2023.
Action Plan 2
19. Roles and responsibilities are clearly outlined within each planning officer’s job description. 
20. Planning have extensive guidance for the public on the website to facilitate applicants in the
planning application process.  The planning section of the Council website includes useful
customer information including advice on ‘permitted development’, relevant publications
including the Local Development Plans, non-statutory guidance, information on the planning
process and details of how interested parties can engage with it.  The Planning service also
provide an e-mail service, a telephone based service to customers, and continue to utilise social
media as a means of public engagement.  The Council’s response to the Covid-19 pandemic has
seen the temporary closure of public offices and the delivery of planning services via home
working and digital communication channels for the duration.  Examples of documentation
made available on the website are:

Page 7

7 
Argyll and Bute Council – Internal Audit Report – Planning, December 2023 
 Guidance note on non-material amendments to Planning Permissions
 Pre Application Planning guidance
 Covid-19 updated guidance
 Permitted Development Guidance
 Planning Application Guidance
21. Planning do not currently have in place a training schedule for 2023/24 for planning officers.
Discussions with the Process and Productivity Improvement Officer noted that once the
incorporation of the IDOX project is completed a training schedule will be introduced covering
both the new system and other relevant areas such as the National Planning for Framework 4.
Planning do however have in place a “members” training programme for 2022/23 including a
detailed session on processing planning applications, a session provided by SEPA on managing
flood risk and new regulations on the production of Local Development Plans.
Action Plan 1
Planning Applications are processed in line with procedures/guidance and policies 
22. As noted in paragraph 17 above there are no formal procedures or processes in place for
planning applications, however sample testing was carried out against a range of
processes/checks expected to be carried out for all applications.  These were identified through
discussions with planning officers summarised below :
 planning application has been acknowledged by letter 
 the application has been checked as being valid and if invalid reasons have been
intimated to the applicant
 advertisements regarding the applications placed where appropriate
 neighbours have been notified of planning application if applicable
 communication with agents/consultees carried out where appropriate
 condition of application noted to relevant persons
 decision notice has been issued
 Civica has been updated with decision and all appropriate documentation
 Performance targets have been met
23. Ten planning applications were selected for review, all were found to be satisfactory other than
meeting the performance date set for completion.  Only one of the 10 chosen were completed
within the target date.  Discussions with Planning Officers noted the following reasons:
 Covid-19 lockdown resulting in adaptation of working practices
 restrictions in travel arrangements due to Covid-19 resulting in site visits not being
possible
 reductions in staffing levels
 Increased turnover of staff within the department
24. Legacy planning applications (applications which have been valid for more than 12 months) are
reviewed regularly as part of caseload management.  Ordinarily, caseload reviews are
undertaken weekly/biweekly at team level and monthly with participation of a senior manager.
Discussions with planning officers noted the continuing impact of the Covid-19 pandemic upon
workflow, the ongoing difficulty in recruiting to vacant posts and interruption of workflow
caused by the introduction of National Planning Framework 4 (NPF4) have all impacted on the
capacity of the Development Management Service to determine planning applications.  During

Page 8

8 
Argyll and Bute Council – Internal Audit Report – Planning, December 2023 
2022/23 an additional 60 legacy cases (125 legacy cases in total) accrued as of 31 March 2023. A
review of legacy cases noted that during 2022/23, 18 legacy applications were concluded
representing a downturn on the previous period.
Efficiency targets are in place and reported upon
25. Planning previously reported upon 4 targets within the Pyramid Performance Management
system which was recently closed down.  Planning now report on only one performance target
namely the % of planning applications processed within 30 days.  This has been changed from 20
days to 30 days due to manpower resources and restrictions within the department.
26. Planning Services report to all Area Committees with regard to % of pre-applications processed
within 20 days (now changed to 30 days).  The latest performance reporting to area committees
for period ending 2022/23 is shown below:
% of Pre Applications enquiries processed within 20
days (now changed to 30 days)
Year Quarter 1(%) Quarter 2(%) Quarter 3(%)
2020/21 81.5 78.6 64.3
2021/22 66.7 65.5 61.7
2022/23 60.5 45.5 50.0 
Commentary on the performance management during 2022/23 to the Area Committee noted
the following: “Performance across Development Management remains impacted by extended
periods of operating with staff vacancies and a backlog of casework from the pandemic.  The
introduction of National Planning Framework 4 in February 2023 by The Scottish Government
has further impacted on productivity as the Development Management staff interpret this new
policy”.
The Planning Service liaise regularly with customers and relevant outside agencies.
27. Planning have in place a customer charter, however it was last reviewed in 2012 and requires to
be updated as it does not reflect current practice.  The framework document for 2022/23 stated
“A review and update of the Development Management Customer Service Charter will also be
undertaken during 2023/24.”
Action Plan 3
28. Customer User Forums have previously been held regularly as a joint exercise between the
Development Management, Development Policy and Building Standards Services providing a co-
ordinated approach to engagement with regular professional customers.  Currently however,
customer forums are not being undertaken, though it was noted in the Planning Performance
Framework for 2022/23 that “it is intended to reinitiate Service level Customer User Forums
during 2023/24”.
Action Plan 4  
29. The Planning Service, working in partnership with Regulatory Services, attained the Customer
Service Excellence (CSE) Standard in February 2019 and was retained following reassessment in
March 2021.  A wider corporate review of how the CSE Standard is applied within the Council
has precluded the Planning Service undertaking reassessment during 2022/23, however,
Planning officers have advised that this will be revisited during 2023/24 as part of a joint
application by a wider grouping of Council services.

Page 9

9 
Argyll and Bute Council – Internal Audit Report – Planning, December 2023 
30. Services representatives regularly attend meetings of Heads of Planning Scotland (Inc.
Development Management and Development Policy subgroups), Scottish Planning Enforcement
Forum, the Local Authority Aquaculture Forum, Clyde Marine Planning Partnership, West of
Scotland Archaeology Service, and the e-Development/Digital Taskforce.  During 2022/23 the
Development Management Service has continued to have regular meetings with Highland’s and
Islands Enterprise, SEPA, Scottish and Southern Electricity Networks, and Forestry Scotland to
discuss upcoming projects/ casework, and to identify and prioritise resource for submission and
determination.
31. The Planning Service offers a pre-application and permitted development enquiry service.  This
includes template responses and online submissions to provide prospective developers through
identification of relevant planning policies, constraints and requirement for supporting
information in advance of their formal application.  It was noted from discussions with Planning
Officers that Customer feedback has identified a demand for a pre-application initiation and
follow up advice service, however, plans to extend the range of services and undertake a full
review and refresh of website content has not been possible to date due to limited resource
availability and a wider corporate refresh of the website.
32. Planning use the Council’s corporate complaints process.  Customer information is provided on
the Council website and in Customer Charters.  All complaints relating to Planning Applications
are subject to performance reporting and ‘Stage 2’ complaints require to be reviewed by senior
management with the option to seek further review by the Scottish Public Services Ombudsman
(SPSO) where customers are not satisfied with the outcome.
Appropriate arrangements are in place for performance monitoring and reporting
33. The Council publish a Performance Framework Report, the most recent document being for the
year 2022/23.  This is the 12th Planning Performance Framework report that sets out the
Council’s aims of improving performance, meeting customer needs and helping deliver high
quality, sustainable development within Argyll and Bute.  The report highlights an approval
rating of 93.5% for planning applications for 2022/23.
34. Development Management and Development Policy items are reported to the centralised
Planning, Protective Services and Licensing (PPSL) Committee which meets monthly (except for
July) and convenes for site visits and discretionary Local Hearings as required.  The PPSL
Committee met on eleven occasions during 2022/23.  Planning report regularly to all area
committees.
35. Planning Services forward Performance data to the Scottish Government twice yearly. The
performance data includes:
 the number of decisions made for local development;
 the average decision time for local developments;
 The outstanding legacy cases.
36. The Council continues to benchmark its performance on the determination of planning
applications against the National average and the performance of other rural local authorities.
Argyll and Bute Council have moved from the upper quartile to the lower quartile in
performance benchmarked against other Councils within Scotland.

Page 10

Appendix 1 – Action Plan 
No Finding Risk Agreed Action Responsibility / Due Date
Medium
1 Staff Training
Planning do not currently have in place a
training schedule for 2023/24 for
planning officers.
Failure to have a training
schedule in place may lead to
inefficient service delivery and
failure to meet legislative
requirements.
Once the incorporation of the
IDOX project is completed a
training schedule will be
introduced covering both the
new system and other relevant
areas such as the National
planning for framework 4. 
Process and Productivity
Improvement Officer 
31 December  2023
Low
2 Procedure Document and processes
The Planning service does not currently
have an established procedural
document in place. This was highlighted
as a “High” recommendation during the
2021/22 audit.
Failure to have a training
schedule in place may lead to
inefficient service delivery and
failure to meet legislative
requirements.
As stated in our previous audit
response, Planning are looking to
complete this action by Summer
2024, once the IDOX and Civica
replacements projects are
completed. 
Process and Productivity
Improvement Officer 
30 September 2024
Low
3 Customer Charter
Planning have in place a customer
charter, however it was last reviewed in
2012 and requires to be updated as it
does not reflect current practice.
Failure to regularly review the
Customer Charter may lead to
inefficient service delivery.
The framework document for
2022/23 stated “A review and
update of the Development
Management Customer Service
Charter will also be undertaken
during 2023/24.” 
Development Manager 
31 December 2023
Low
4 Service level Customer User Forums
Customer User Forums have previously
been held regularly however currently
customer forums are not being
undertaken. 
Failure to regularly hold
Customer forums may lead to
inefficient service delivery.
The Planning Performance
Framework for 2022/23 states
that “it is intended to reinitiate
Service level Customer User
Forums during 2023/24”. 
Development Manager 
31 December 2023

Page 11

11 
Argyll and Bute Council – Internal Audit Report – Planning, December 2023 
In order to assist management in using our reports a system of grading audit findings has been adopted to allow the significance of findings to be ascertained. 
The definitions of each classification are as follows: 
Grading    Definition
High  A major observation on high level controls and other important internal controls or a significant matter relating to the critical success of the
objectives of the system.  The weakness may therefore give rise to loss or error. 
Medium 
Observations on less significant internal controls and/or improvements to the efficiency and effectiveness of controls which will assist in meeting
the objectives of the system.  The weakness is not necessarily substantial however the risk of error would be significantly reduced if corrective
action was taken.  
Low  Minor recommendations to improve the efficiency and effectiveness of controls or an isolated issue subsequently corrected.  The weakness does
not appear to significantly affect the ability of the system to meet its objectives. 
VFM  An observation which does not highlight an issue relating to internal controls but represents a possible opportunity for the council to achieve
better value for money (VFM).

Page 12

12 
Argyll and Bute Council – Internal Audit Report – Planning, December 2023 
Appendix 2 – Audit Opinion 
Level of Assurance  Definition 
High 
Internal control, governance and the management of risk are at a high standard. Only marginal elements of residual risk have
been identified with these either being accepted or dealt with. A sound system of control designed to achieve the system
objectives is in place and being applied consistently. 
Substantial 
Internal control, governance and the management of risk is sound. However, there are minor areas of weakness which put some
system objectives at risk and specific elements of residual risk that are slightly above an acceptable level and need to be
addressed within a reasonable timescale. 
Reasonable 
Internal control, governance and the management of risk are broadly reliable. However, whilst not displaying a general trend,
there are areas of concern which have been identified where elements of residual risk or weakness may put some of the system
objectives at risk. 
Limited 
Internal control, governance and the management of risk are displaying a general trend of unacceptable residual risk above an
acceptable level and placing system objectives are at risk. Weakness must be addressed with a reasonable timescale with
management allocating appropriate resources to the issues raised. 
No Assurance 
Internal control, governance and the management of risk is poor. Significant residual risk and/or significant non-compliance with
basic controls exists leaving the system open to error, loss or abuse. Residual risk must be addressed immediately with
management allocating appropriate resources to the issues.