Effective community engagement in local development planning: guidance

Plan Preparation

Stage 5: Making (preparing) the Proposed Plan

Timing: There is no legislative requirement on the timing for making the Proposed Plan following the Evidence Report. However, it is expected that planning authorities will aim to move quickly from successfully completing the Gate Check to preparation of the Proposed Plan, as the authorities will wish to ensure the plan is closely informed by the baseline evidence and that it is current.

Engagement Level: Inform/Involve/Collaborate

The purpose of the Proposed Plan is to identify where new development should take place and where it should not. Planning authorities are responsible for making the Proposed Plan for consultation.

In doing so, they are encouraged to involve - and if possible - collaborate with communities. This can include returning to those who have contributed to previous stages as well as engaging further stakeholders. This may help to develop an understanding of any conflicting or competing views expressed at the Evidence Report and Gate Check stages. Having regard to registered local place plans in the making of the Proposed Plan may provide an opportunity to develop engagement in this way.

Collaboration with communities on options and alternatives early in this stage may be beneficial. This can also help to inform the statutory impact assessments, particularly the Strategic Environmental Assessment. Planning authorities may wish to further involve people through an open ‘Call for Ideas’ to inform the Proposed Plan.

Certain themes, for example local living and 20 minute neighbourhoods or renewable energy, are more likely to be of greater interest to communities for collaboration than others. Relevant issues and areas to focus on will vary depending on the local context. Engagement at this stage could help planning authorities and communities collaborate to build a shared dialogue and understanding of matters raised and the decisions to be made ahead of the consultation on the Proposed Plan.

Publication requirements

There are no defined publication requirements at this stage in terms of the style of the Proposed Plan, though it must include:

• a spatial strategy, with a detailed statement of the planning authority’s policies and proposals as to the development and use of the land, other matters as may be prescribed
• a proposals map or maps
• diagrams, illustrations and descriptive matter (if any) as the planning authority considers appropriate for the purpose of explaining or illustrating the proposals in the plan
• Schedule of Land Ownership - where the local development plan contains plans, policies, or proposals for development on land owned by the planning authority which identifies that land, and references the relevant plans, policies or proposals
• and any other matters which the planning authority considers it appropriate to include.

The Local Development Plan Guidance sets out the Publication requirements for the Proposed Plan, alongside which must also be published the Evidence Report and proposed Delivery Programme.

A copy of the Proposed Plan must be:

• published on the internet; and

be made available at:

• an office of the planning authority
• every public library in the local development plan area.

Feedback

Involving and collaborating with people can create opportunities for feedback to keep people informed as part of the engagement as issues and options are considered.

Stage 6: Consulting on the Proposed Plan

Timing: Minimum 12 week consultation period, as set out in the Development Plan Scheme.

Engagement Level: Inform/Consult

The planning authority should consult with communities on the published Proposed Plan. The purpose of consultation at this stage is to provide a formal opportunity for communities to comment on the Proposed Plan.

The consultation approach should meet the needs of those being consulted. These will have been considered as part of the preparation of the Development Plan Scheme and Participation Statement.

The planning authority should inform those groups who are required as a minimum to be involved in the local development (Planning Act section 16A and section 16B) that the consultation is open, and consult in accordance with the Development Plan Scheme and Participation Statement.

Publication requirements

As a statutory minimum, notice of the publication of the Proposed Plan for consultation must be sent to:

• adjoining planning authorities to the plan area
• community councils whose area (or any part of their area) is within the local development plan area
• key agencies
• Scottish Ministers.

The notice must also be published in a local newspaper and on the internet.

Also, as a minimum, a copy of the Proposed Plan must be:

• made available at an office of the planning authority
• made available in every public library in the local development plan area
• published on the internet.

Neighbours that may be significantly affected by development proposals will be notified by the planning authority of the Proposed Plan.

It is considered good practice to send the notice of the publication of the Proposed Plan for consultation to all those involved in its preparation, as well as to relevant public bodies.

Where the local development plan covers land within the central Scotland Green Network national development boundary, the planning authority must also consult the Green Action Trust.

Although not required, making copies of the Proposed Plan available at other locations, such as community hubs and places of worship, may also help communities access it, subject to local authority resources.

This is an important stage to inform communities about the effects of the plan and, where required, to consult on impact assessments. Further guidance on this is available:

• Strategic Environmental Assessment
• Habitats Regulations Appraisal
• Public Sector Equality Duty
• Fairer Scotland Duty
• Island Communities Impact Assessment
• Child Rights and Wellbeing Impact Assessment

The Evidence Report (Stage 3) and proposed Delivery Programme (Stage 9) are also published alongside the Proposed Plan.

Feedback

To inform people about information relevant to the local development plan, the Evidence Report is published alongside the Proposed Plan. The Evidence Report includes a statement on the steps taken by the planning authority to seek views of the public, including specific groups of people, and the extent to which views made have been taken into account.

Impact assessment activities for ‘Plan Preparation’ Stage

Stage 7: Modifying the Proposed Plan (optional stage)

Timing: After the consultation period has ended the planning authority can modify the Proposed Plan.

Engagement Level: Involve/Collaborate

Making modifications means making changes to the Proposed Plan before it goes for Examination. The purpose of making modifications to the Proposed Plan after the consultation period has ended is to let the planning authority improve the plan by:

• responding to comments (representations) made during the consultation
• responding to matters raised by Scottish Ministers or key agencies made during the consultation, and
• dealing with other minor technical or drafting matters.

Using this mechanism can assist with minimising conflict, reduce the length and complexity of Examinations, and improve the quality of robustness of the local development plan. However, there is no requirement that a planning authority has to modify the plan at this stage.

The Modification stage may be an opportunity for the planning authority to involve communities by working with them to understand the issues raised and what an appropriate solution may be, including consideration of differing views. Where partners have been identified, the Modification stage offers the potential to collaborate for innovation around solutions.

Not all matters raised through the consultation will need further contribution from communities for their resolution. The matters raised and a way forward may be clear and uncontentious.

Publication requirements

Where authorities make modifications to a Proposed Plan following consultation, a Modification Report is required, setting out the modifications made and explaining the reasons for making them. There is no opportunity to comment on the Modification Report as it should reflect changes made in response to the earlier consultation on the Proposed Plan.

It is also good practice, where matters have been raised in significant numbers and changes have not been made, for planning authorities to acknowledge such representations in the Modification Report and explain why change was not considered appropriate. This should bring transparency to decision making, demonstrating to stakeholders that have engaged in the process how the changes, or original position, contribute to the intended outcomes of the LDP. There is no opportunity to comment on the Modification Report.

Stage 8: Examination

Timing: Where there are representations that cannot be resolved through modifications, a planning authority must seek an independent Examination of the plan. Scottish Ministers may require an Examination of the plan where the planning authority has not modified it. Where an Examination is needed, the plan cannot be finalised until the Examination has ended. The Examination may identify modifications to be made to the plan before it is adopted.

Engagement Level: Consult/Inform

Where an Examination of the plan is held, the person appointed to oversee the Examination (the reporter) may require further information to fully understand the representations made on the Proposed Plan that are being considered. This is a form of consultation with relevant stakeholders, where the information is usually invited in writing. In some cases, a hearing may be required to enable discussion on specific matters. Reporters may request further information, or representations from parties they wish to hear from, by issuing a Procedure Notice, which will set the required date by which the information should be provided to them. The length of time reporters set may vary depending on the type and complexity of further information they are requesting be provided.

There are also engagement aspects around advertising, notifying, and reporting, related to the Examination, in the Town and Country Planning (Scotland) Act section 18, section 19, section 19ZA and section 19A.

Publication requirements

As a minimum, planning authorities are required to send to the Scottish Ministers:

• the Proposed Plan (as modified)
• a report on the consultation and involvement of the public to meet or go beyond the Participation Statement
• the proposed Delivery Programme
• a report of modifications made and reasons for making them.

The documents listed above should also be published.

Where an Examination is to happen, the planning authority also has to:

• advertise the Examination in a local newspaper
• advertise the Examination in local public libraries
• notify everyone who made representations to the Proposed Plan about the Examination.

The person appointed to undertake the Examination will:

• publish the Examination report
• submit it to the planning authority
• notify everyone who made representations to the Proposed Plan about the plan’s submission and publication, including everyone who made representations following further consultation or involvement of the public if that was required by Scottish Ministers.

Feedback

Where an Examination has been held, the reporter (person appointed to oversee the Examination) will publish an Examination report, including recommendations for modifications to the Proposed Plan. This will inform those involved of how their comments have been addressed at Examination and about the recommended modifications to the plan.

Planning authorities will inform communities of the modifications made in response to:

• the representations made to the plan
• the recommendations of an Examination
• a Direction from Scottish Ministers.

This is done by publishing a Modification Report and notifying those who made representations to the plan about it at the adoption stage (stage 9).

Where a planning authority is not accepting the recommendations of an Examination, then it must publish a Recommended Modifications Statement at the adoption stage (stage 9).