Development Management in Scotland - Assignment Example

Report – The impact of development management in Scotland The Planning etc Scotland Act 2006 introduced a new term, ‘development management’ to describe the new planning application and decision making process in Scotland, replacing the term ‘development control’ which was contained in earlier legislation. This change represents much more than a simple change in name, however. According to the POS in England where a similar change in terminology has occurred: “Development management is an integral part of the spatial planning process. It puts spatial development plans into action and seeks to achieve good design and sustainable development” (Planning Officers Society, 2007). The assignment requires students to discuss this statement with reference to the Scottish planning context generally and in relation to one Scottish planning authority of their choice. 1. Introduction The needs of communities worldwide have been radically increased the last decades – the increase of the number of their population and the changes in the patterns/ style of life are considered to be the major reasons for the above outcome. The government in Scotland has produced the Planning Act 2006 aiming to support the spatial planning and development across the particular region – among other benefits also achieved through this legal text; in the above Act a new term, the development management, is introduced; this term replaces the previously used term ‘development control’; the aspects of development management are examined in this paper focusing on the value of this concept on the spatial planning process. The case of Local Development plan produced by the Aberdeenshire Council is used as an example to highlight the value of development management as an effective framework for creating effective spatial plans. 2. Development management, definition and characteristics The concept of development management has been introduced in order to respond to the increased needs for effective spatial development. In the past, the progress of spatial planning has been monitored using various policies taking into consideration the characteristics and the needs of each community; spatial development emphasizes on the integration of the relevant activities, i.e. the simultaneous development of various planning initiatives so that the improvement of the spatial structure of a specific region to be guaranteed. In this way, development management can lead to the increase of the effectiveness of the governmental policies in relation to the spatial development and control; the improvement of the relationship between the government and the local communities is then expected to follow. In order to understand the value of development management – especially in comparison to previous concepts, like the development control – it is necessary to refer to its definition. In accordance with the definition giving to the specific concept by the Department for Communities and Local Government, development management is ‘the end-to-end management of the delivery chain for sustainable development’ (DCLG, in Planning Officers Society, 2007, 1). The Planning Officers Society has presented its own definition on development management; in accordance with the above authority: ‘Development Management is an integral part of the spatial planning process; it puts spatial development plans into action and seeks to achieve good design and sustainable development’ (Planning Officers Society, 2007, 2). The above definition emphasizes on the relationship between the development management and the spatial planning process; it is explained that the development management does not refer only to specific parts of the sustainable development – an assumption that could be possibly derived by the definition of DCLG presented above. At the next level, the definition of development management by the Planning Officers Society can be used in order to explain the specific role of development management in the spatial planning process: development management set the rules for the realization of spatial development plans as of all their phases: from their design up to their successful application; through this point of view, the definition of development management by the Planning Officers Society (2007) is more accurate helping to understand the actual interaction between this concept and the spatial development. The context of development management – as opposed by the previous term ‘development control’ – could be more clearly understood if the concept of spatial planning (to which development management is closely related) would be explained. In accordance with a definition of spatial planning included in the report of the Planning Advisory Service (2007) ‘spatial planning goes beyond traditional land use planning to bring together and integrate policies for the development and use of land with other policies and programmes which influence the nature of places and how they function’ (Planning Advisory Service, 2007, 7). In accordance with the above definition, spatial planning is a complex procedure; because of its complexity, the successful completion of this procedure requires the cooperation between the private sector (planners can work for the government or can participate in the relevant projects as independent professionals representing the private sector) and the public sector (i.e. the communities the needs of which are going to be addressed through specific spatial plans). Development management has been introduced in order to support all phases of the spatial planning process; in fact, accordance to the relevant definition presented above, the development management is an integral part of the spatial planning process, meaning that the success of the latter is highly depended on the performance of the former. For this reason, the measures taken by the government for the improvement of the quality and the performance of the spatial planning process should address primarily the needs of development management; in this way, the support to the spatial planning process is expected to be more effective and its effects/ benefits will last longer. The characteristics and the role of the development management can be also identified in the definition given by the Scottish Government (Consultation Paper, 2007); in the above document it is noted that ‘for development to be sustainable, ‘it must be the right development, in the right place, of the right quality and at the right time.’ (Scottish Government, 2007, Statutory Guidance on Planning and Sustainable Development: Consultation Paper, 13); development as part of the term development management needs to meet the above requirements in order to respond to the needs of the community for sustainable spatial plans. The effectiveness of development management is depended on a series of factors: a) the use of design processes that address the needs of the particular region; on the other hand, these processes should reflect the current trends – in terms of technology and scientific development – ensuring, as possible, the avoidance of unexpected failures; the above issue has been addressed by the Department of Communities and Local Government by the introduction of the ‘design codes’ (Department for Communities and Local Government, 2006, p.19), an operating system supporting all phases of the planning process in accordance with the characteristics of the region involved but also the resources available for this project’s realization, b) the skills of the persons that are involved in the procedure; training may be required for those who participate in the relevant projects; personal characteristics and background of employees are also likely to affect the performance of a planning project, c) the conditions of the environment in which the relevant project is going to be developed – referring not only to the geographical environment but to all elements that are expected to influence the performance of the planning process, including the funds and the technology available, the human resources and the needs of the community. The principles and the features of development management have been used in the South East Plan, a document referring to the development of the South East Region of England up to 2026; various issues like environmental problems, housing and transportation across this region are highlighted in the specific document (Planning Advisory Service, 2007, 87, also the official website of the South East Plan); because of its high quality – in terms of its structure and content – the above document is used to highlight the value of development management when is used as the basis for spatial planning. 3. Relationship between development management and delivery mechanisms - Can development management ‘put spatial development plans into action’? The case of the South East Plan Development management is a dynamic concept; its role in the spatial development is crucial. In fact, development management is considered as ‘one of the key delivery agencies of spatial planning and place shaping’ (Planning Advisory Service, 2007, 37). The definitions of development management – as presented above – show another aspect of this concept: development management refers to a series of activities, i.e. it is not limited to the control of the progress of the spatial development. Planning Officers Society explain the content of development management – as an integrated part of the spatial development: ‘development management includes a wide number of planning activities such as designing, analysing, influencing, promoting, engaging, negotiating, decision-making, co-ordinating, implementation, compliance and enforcement’ (Planning Officers Society, 2007, 1). In accordance with the above view, the development management can help to ‘put spatial development plans into action’. Indeed, as it was explained in the previous section, the development management is not related only to the control of the spatial development; it is rather a term used to explain a series of activities being related with the spatial development process – it is at this point that development management is differentiated from previous terms used to explain the active monitoring and supporting of spatial plans, referring to the term ‘development control’ which was replaced by the term ‘development management’. The procedure of the development management are clearly described in the report of the Scottish Government; these document is entitled as: ‘Scottish Planning Series, Circular 4, 2009’; a graphic representation of these procedures is presented in the Appendix section, Graph 1. The above document has been developed in the context of specific Scottish laws, including the Planning (Scotland) Act of 2006 and the Town and Country Planning (Development Management Procedure) Regulations 2008, Scotland. The specific Circular is applied on applications that have been made from the 3rd of August 2009 onwards – i.e. it does not refer to applications that were submitted before the specific point of time (Scottish Planning Series, Circular 4, 2009, 8). It is noted that the development procedure has been alternated in order to respond to the needs of development proposals with different characteristics and structure. The above Circular emphasizes on specific phases of the application process: ‘the pre-application phase; content of applications; validation and acknowledgement; processing by the authority; decision and post-application requirements’ (Scottish Planning Series, Circular 4, 2009, 8). One of the most important elements of the specific Circular has been the fact that ‘early and open negotiations between all interested parties (including the prospective applicants, the developers and the consultees)’ (Scottish Planning Series, Circular 4, 2009, 9) are highly promoted and supported – aiming to increase the quality of the application submitted but also to make all points of the application clear to the applicants; in this way time is saved for the completion of the development procedure. Development management is differentiated from the previous term ‘development control’ mostly at the point that development management can be related to all phases and aspects of spatial planning process, referring even to the pre-application period but also to the delivery of the relevant plan to the relevant authorities and the final approval of the application; for this reason, the development management needs to include a variety of mechanisms – used in order to respond to the needs of the above phases of the application procedure (see also Graph 1, Appendix). Under these conditions, development management is closely related with the delivery mechanisms, which are part of the spatial planning process. However, the dependency of the development management on these procedure is not exclusive; more specifically, each spatial plan can use particular delivery mechanisms – development management will be aligned with the needs of the specific plan; the delivery mechanisms used in the context of the development management related with the above spatial plan will be those that best suits to this plan’s structure, characteristics and targets. In order to identify the effectiveness of development management in completing the spatial planning procedure it is necessary to refer to the phases of the spatial planning – as included in most plans of this type. In accordance with the report of the Planning Advisory Service in 2007, spatial planning needs to include specific elements, like the following ones: a) a scheme for connecting existing activities of local authorities with the planning process; this scheme could interact with relevant projects developed by local authorities, as for example the Local Area Agreements, b) a database with all necessary information on the development of spatial planning within a specific community; the people in the community should have access to the above database (a suggestion emphasizing on the importance of control of the procedure), c) a clear description of the role that the development management is going to have in the development of the spatial planning process (it is at this point where the importance of the development management in the success of spatial planning process is highlighted), d) the local infrastructure and the funds available for its improvement need to be clearly explained to the public; appropriate programmes should be developed explaining the use of funds of the community for the realization of the relevant project; since the funds belongs to the community, the public across the particular region need to be precisely informed on their use in the development of the various phases of the spatial planning process; in this way also, potential failures in the use of existing resources could be identified and appropriately addressed, e) the interaction between the existing local policies and schemes and the spatial planning process needs to be explained and justified; schemes that are in progress in all the parts of the particular region (the region to which the spatial planning procedure refers) need to be reviewed and appropriately aligned with the suggested spatial planning process, f) the skills of the persons who are going to participate in the realization of the specific scheme need to be examined and evaluated – as of their appropriateness for the development of the relevant project; additional training could be provided in cases that such a need emerges (Planning Advisory Service, 2007, 8-9). It has to be noted that the relationship between the development management and the spatial planning is quite complex; it is for this reason that in certain cases the individuals belonging in the relevant teams – referring to the spatial planning team and the development management team – ‘have been engaged in a joint process of delivery or co-production for the local authority’ (Planning Advisory Service, 2007, 37). In any case, the application of spatial development plans through the development management requires that the structure of these plans is clearly understood. In accordance with the 2004 Planning and Compulsory Purchase Act (for England and Wales) spatial planning need to be developed in two different phases: a) in the first phase of the process an appropriate Regional Spatial Strategy needs to be designed while b) in the second phase of the process emphasis is given to the preparation of ‘a Local Development Framework, i.e a folder of documents that sets out a vision for the future and a spatially based planning strategy for achieving it’ (Planning Advisory Service, 2007, 15) Despite the fact that the development procedure has a specific structure and requirements – as set by the relevant governmental authorities – it is possible that its terms are not met – this is the case when the development is not authorized or when the planning process violates one or more terms and conditions set by the relevant laws – a situation also known as breach of the planning control which is described as ‘carrying out development without the required planning permission, or failing to comply with any condition or limitation contained in planning permission as granted (s123(1)of the 1997 Act)’ (Scottish Government, 2007, Planning Enforcement Regulations, Consultation Paper, p.9). In this case, appropriate action needs to be taken immediately in order for the public to be discouraging from following the specific practices. 4. Is there evidence that development management decisions are seeking ‘to achieve good design and sustainable development’? Policy and planning application committee reports from Aberdeenshire Council Through the use of development management in practice, it has been proved that development management decisions can lead to well-designed spatial plans; the sustainable development of the area in interest has also more chances to be achieved through appropriate development management practices. The above fact is proved by the reports published from Aberdeenshire Council in relation to planning policies and applications. These reports are parts of the Local Development Plan produced by the above authority and aim to highlight the strengths and the needs of this plan – as identified through the views of its planners but also the comments of the public. The Main Issues Report referring to the above Council’s Local Development Plan introduces the main features of this plan; however, it is noted that the legislation on the Local Development plans is new and therefore not all aspects of the relevant process have been addressed (Aberdeenshire Council, Main Issues Report, 2009). The specific issue is also highlighted in the report of Willis (2008, p.10) where the requirements for taking a planning permission for Aberdeenshire golf resort are discussed. In order for the development management to best suit to the needs of the community of Aberdeenshire appropriate measures have been taken for the continuous improvement of the technology used in the development of the relevant projects; this issue is also discussed in the Scottish Executive (2008) Planning Advice Note 70: electronic planning service delivery (p.17-46) where it is noted that the development of e-planning schemes can to the limitation of time required for the completion of a series of tasks, including the online payment of the planning fees, the online consultation and the online submission of applications (Scottish Executive (2008) Planning Advice Note 70, 2008). 5. Conclusion The introduction of the Planning Scotland Act 2004 has helped the local community to develop effective spatial plans; through the scheme of the development management introduced by the above legislative text – replacing the previous term ‘development control’ – it has become easier for spatial planners in Scotland to monitor closely all phases of the specific process. Of course, the development management has specific structure and characteristics – as analyzed above – being more complex that the previous schemes of such king. However, its use in various community activities related with spatial planning has proved that development management can effectively support the improvement of quality and credibility of spatial plans – in the context of development management all phases of spatial planning are closely monitored and evaluated minimizing the risks from unexpected failures. Aberdeenshire Council (Scotland) has adopted the specific scheme in various spatial plans; the reports of the above authority – referring to those documents that are related with specific spatial projects – prove that the principles and the features of development management should be incorporated in all spatial planning initiatives. Even in cases that the persons participated in these projects are not appropriately skilled or experienced to understand the context of development management, the effectiveness of this scheme is not under threat: one of the basic characteristics of this scheme is the consultation support of the applicants/ developers through all the relevant process – a fact that minimizes the risks for the specific project’s failure. References Aberdeenshire Council, 2010, Planning, available at https://www.aberdeenshire.gov.uk/planning/ldp/mir/index.asp Department for Communities & Local Government (2006) Preparing Design Codes – A Practice Manual Planning Officers Society (2007) Development Management: Initial Guidance Planning Advisory Service (2007) Shaping and delivering tomorrow’s places: effective practice in spatial planning Roberts T (2007) Keeping control (development control), Planning, No 1745, 16 Nov, p19 Scottish Government (2009) SPS Circular 4/09 Development Management Procedures Scottish Executive (2008) Planning Advice Note 70: electronic planning service delivery Scottish Government (2007) Statutory Guidance on Planning and Sustainable Development: Consultation Paper Scottish Government (2007) Planning Enforcement Regulations, Consultation Paper Scottish Government (2007) A Brief Guide to the 2006 Scottish Planning Act Available at: http://www.scotland.gov.uk/Publications/2007/03/07131521/1 South East Plan, 2010, available at http://www.southeast-ra.gov.uk/seplan.html Willis, B (2008) Links loss stirs site fear (planning permission for Aberdeenshire golf resort), Planning, No 1795 14 Nov, p10 U’ren G and McMaster R (2008) Assessing the value of planning agreements in Scotland, available on www.scotland.gov.uk Appendix Graph 1 – Parts of the development procedure (source: Scottish Government (2009) SPS Circular 4/09 Development Management Procedures, p.2) Read More