Effective community engagement in local development planning: guidance

Evidence Gathering

Stage 1: Preparing the Development Plan Scheme and Participation Statement

Timing: Annual (minimum) - or as directed by Scottish Ministers.

Engagement Level: Inform/Involve/Collaborate

The purpose of the Development Plan Scheme, including the Participation Statement, is to let people know how and when they can get involved in the local development plan and keep them informed of progress. Development Plan Schemes must be reviewed and updated annually, to ensure that information is kept up to date, in accordance with the legal requirements.

The purpose of engagement at this stage is to involve people by seeking and having regard to views of the public on the Participation Statement. Collaboration at this stage can also build early partnerships that continue throughout the process.

Early in the process, awareness of the planning system and local development plan may be low locally within some communities, or groups of people. Planning authorities, working with other relevant service providers and organisations within and beyond the council, may need to consider how to increase awareness. It may be useful to communicate that the engagement process is an opportunity for people to be informed about the planning system, as well as being involved in making the local development plan. Planning authorities can use the Participation Statement to let people know about the arrangements to facilitate engagement, particularly with groups identified as facing barriers to engagement such as children and young people, those who are disabled, those who are neurodivergent, who do not have English as a first language, Gypsy/Travellers and Travelling Showpeople.

The first Development Plan Scheme and Participation Statement before the beginning of the plan-making cycle will be the primary focus for engagement activity. Advance stakeholder analysis, or mapping, by the planning authority, working with stakeholders, can help to identify relevant interests. Stakeholders can tell the planning authority how they think they can support the Plan Preparation and what methods of engagement are most effective for them.

The second and subsequent Development Plan Schemes are likely to require fewer forms of engagement. They may be more about informing stakeholders but can still offer an opportunity to improve effectiveness of engagement through involvement. For example, planning authorities can ask for feedback on the effectiveness of engagement methods so far, or for ideas about further stakeholders to involve.

Stakeholders will be relevant to the local circumstances but could include, for example the following individuals and their representatives:

• amenity organisations and groups of interest not defined by location – such as for: built environment, sports, heritage, cultural, and natural environment
• tenants' and residents' associations
• applicant groups
• business and industry, for example developers or local business organisations
• infrastructure providers and operators
• further and higher education establishments
• health and social care
• children and young people - including schools, youth councils, youth parliament representatives, further and higher education establishments, parents and carers, families with young children
• families with young children
• older people, their families and carers and representative organisations;
• communities impacted by socio-economic disadvantage
• people and organisations with experience of poverty
• community bodies - including those who have registered a local place plan or - where known - expressed an interest in registering a local place plan
• community groups
• community councils
• development trusts
• disabled people, their families and carers, and organisations such as local access panels
• representative organisations for deaf, deafblind and British Sign Language users
• people of different genders
• minority ethnic and race groups
• equality groups
• faith groups
• LGBTQI+ organisations
• Gypsy/Travellers and representative organisations
• Travelling Showpeople
• any other protected characteristics.

For engaging with children and young people planning authorities should:

• be informed by reference to ‘Decision Making: Children and Young People’s Participation Guidance’
• consult local authority guidance relating to working with children and young people
• tailor engagement to the needs of the groups
• adhere to latest guidance for protecting vulnerable groups.

For engaging with schools planning authorities should:

• liaise with the local authority’s education services department
• use existing frameworks for engagement between schools and the council
• use information received from the use of the Place Standard tool as part of the Learning for Sustainability work of the school if available
• consider aligning opportunities for engagement with other relevant work to reduce risk of consultation overload. This may mean engaging at different development plan stages or focusing on relevant assessments or strategies, for example Play Sufficiency Assessments, Open Space Strategies, play strategy, sports pitch strategy, or local transport strategies.

For engaging with youth councils planning authorities should:

• liaise with the relevant local authority department
• where possible, utilise existing forums / frameworks for engagement with youth councils (which may operate under a different name e.g. (local) youth parliament).

For engaging with Scottish Youth Parliament representatives planning authorities should:

• identify the Scottish Youth Parliament constituencies covered by the plan
• identify the organisations operating in the area that have a Scottish Youth Parliament representative. These can be found from the Scottish Youth Parliament website and currently include: The Boys’ Brigade, Carers Trust, Church of Scotland; Federation of Student Islamic Societies, Girlguiding Scotland, LGBT Youth Scotland, RNIB Haggeye, Scripture Union, Scouts Scotland, Who Cares Scotland, and YMCA Scotland
• liaise with the Scottish Youth Parliament by e-mail, including the name/constituency/voluntary organisation of the Member of the Scottish Youth Parliament (MSYP).

For engaging with Gypsy/Travellers community planning authorities should:

• be informed by reference to the MECOPP good practice guide when approaching working with Gypsy/Travellers
• involve community health workers (CHW) that work with MECOPP and other trusted services to help tailor the approaches to and resources for consultation
• adopt a communication style that is culturally appropriate and inclusive. Ensure participant facing documents are checked by community member for accessibility and appropriateness
• refer to additional resources: Public Health Scotland, STEP Education and Scottish Government.

Publication requirements

The planning authority are required by section 20B(5) of the Planning Act to:

• send two copies of the Development Plan Scheme to the Scottish Ministers
• publish it (this includes publication by electronic means / on the internet)
• place a copy in each public library in the area to which it applies.

Planning authorities are also required to publish and keep up to date the information relating to engagement with children and young people. Publication and annual update of the Development Plan Scheme fulfils this requirement where it sets out the engagement activities with children and young people.

Feedback

A ‘you said we did’ type approach to reporting on the engagement ahead of publishing the Development Plan Scheme, including after annual review, can help to inform the people involved and provide transparency and confidence in the process.

Stage 2: Inviting Communities to Prepare a Local Place Plan

Timing: The Evidence Report is required to set out how planning authorities have invited the preparation of local place plans and the assistance offered for their preparation (Planning Act Section 16B(3)(d)). The statutory minimum is to undertake this before the local development plan is prepared. Ideally, the timing could allow for validation and registration of a local place plan in time to inform the Evidence Report stage of the local development plan. Local place plans can be prepared at any time, however, and those that are not ready in time to inform the Evidence Report will still be a valid consideration in later steps of plan making and implementation.

Engagement level: Inform/Involve/Empower

The purpose of a local place plan is to enable a community body to set out their aspirations and proposals for the development and use of land in their area. This can help to enhance people’s engagement and involvement in the planning system.

The purpose of issuing the invitation is to inform community bodies that they are invited to prepare a local place plan, which in turn will involve communities in the preparation of the Local Development Plans. Local place plans offer a route to empowering communities as it is community bodies who will decide on the content of the local place plan they prepare. Planning authorities are required to take registered local place plans into account in preparing the local development plan.

The invitation must also to inform community bodies about the assistance available to them to prepare local place plans.

It is not anticipated that planning authorities would need to engage with stakeholders about what the invitation says. It may be helpful to reach out to known groups to discuss the timing of it and the date by when local place plans should be prepared.

More information about local place plans, the content of the invitation and the assistance to local communities can be found in Annex B of the Local development planning guidance.

Publication requirements

Publication of a stand-alone invitation on the planning authority website is recommended in addition to inclusion of the timing within the Development Plan Scheme. Planning authorities could use their existing networks of community bodies and other local stakeholders to also raise awareness of the invitation.

The invitation will inform community bodies of when the period to submit local place plans will be. The Development Plan Scheme alone is unlikely to be sufficient to meet the invitation requirements. Other ways to communicate the invitation (where data protection requirements are met) could include, for example:

• as part of a ‘call for ideas’ by the planning authority - if undertaken at an appropriate point to coincide with the timing of the invitation and date by which local place plans are to be prepared
• via community bodies with registered local place plans, and community councils
• by highlighting the invitation to community planning partnerships
• in council newsletters
• by making direct contact with groups and organisations - including those identified in preparing the Development Plan Scheme or organisations previously expressing an interest in preparing a local place plan
• using local authority social media
• via the local authority Third Sector Interface
• by distributing information locally, such as posters in public buildings.

Feedback

Planning authorities must include as part of the Evidence Report, information on how local place plans were invited and the assistance provided to communities to help them make the plans. This will help inform people. Community organisations making local place plans should also consider how they provide feedback to people who helped, in order to keep them informed.

Stage 3: Preparing the Evidence Report

Timing: The Evidence Report is to be prepared, and submitted to the Gate Check, for assessment, before work on the Proposed Plan proceeds.

Engagement level: Inform/Involve

The purpose of the Evidence Report is to support the quality and effectiveness of the local development plan. Planning authorities should involve communities in the creation of the Evidence Report.

At this stage the Local development planning guidance (2023) is clear that a range of stakeholders should be included. Reference back to the Development Plan Scheme and Participation Statement (Stage 1) will assist identifying relevant stakeholders. The minimum requirement set in law ( Section 16B) is for planning authorities to seek the views of:

• children and young people – in particular school pupils, youth councillors and youth parliament representatives
• community councils
• disabled people
• Gypsy/Travellers
• key agencies
• the public
• other persons prescribed.

The following information also supports the Evidence Report:

• Play Sufficiency Assessments - the planning authority must assess the sufficiency of play opportunities in its area for children.

The PSA regulations set out requirements for engagement including with children, parents and carers, community councils, the public, and any other persons or community bodies considered appropriate by the planning authority. Guidance has been published about the assessments. Engagement is to collaborate with communities

• Forestry and Woodland Strategies - These include requirements to consult organisations as appropriate are set out in the Town and Country Planning (Scotland) 1997 Act (as amended).
• Where Open Space Strategies are prepared, they can support the Evidence Report. The strategies may be prepared with engagement that is to involve communities.

Publication requirements

The completed Evidence Report is published alongside the Proposed Plan.

Feedback

The Evidence Report is to include a commentary on how communities have been invited to prepare local place plans and the assistance provided to them. It will also include a statement on how stakeholder views were sought and taken into account. This feedback also helps to inform communities.

The ‘Evidence Report structure’ set out in the Local development planning guidance can be used to help ensure the evidence received is set out transparently, and to explain its implications for the plan.

Stage 4: Gate Check

Timing: The Gate Check^[3] takes place after the Evidence Report is sent to Scottish Ministers.

Engagement level: Inform/Consult (if necessary)

The purpose of the Gate Check is to establish whether the Evidence Report contains sufficient information to prepare a local development plan. This is undertaken by an appointed person (usually a Scottish Government ‘reporter’). Where the report considers that the Evidence Report does not contain sufficient information, they write an ‘assessment report’. Further information about the Gate Check is in the local development planning guidance

The local development planning guidance states that stakeholder engagement in preparing the Evidence Report is important, so that views on the sufficiency of the information can be considered. Where stakeholders are agreed on an issue, it is unlikely that this will be considered further. Where disputes remain, different views may be considered to help establish whether the Evidence Report contains enough information. The appointed person leading the Gate Check may consult with certain stakeholders either in writing or through a hearing to inform their assessment.

Publication requirements

Where the Gate Check concludes that the Evidence Report:

• does not contain sufficient information - an assessment report is prepared setting out the reasons for not being satisfied with the sufficiency of the evidence and submitted to the planning authority and the Scottish Ministers
• contains sufficient evidence - a formal ‘assessment report’ is not required, however it is expected that the appointed person will prepare a letter, which includes their reasoning, and inform the planning authority and Scottish Ministers.

The appointed person’s findings will be published on the DPEA website.

Feedback

In the interest of transparency, planning authorities may consider informing stakeholders of the outcome of the Gate Check. An assessment report means at least some of the information in the Evidence Report will need to be checked again or added to and planning authorities may need to engage with stakeholders to do that. In those cases, it may be useful to refer to the stages set out earlier in this guidance.