Planning performance and fees: consultation

Introduction

This consultation paper proposes a new approach to how the performance of planning authorities is measured, the role of the planning improvement co-ordinator and a new structure for the planning fee regime along with the introduction of additional services which can be charged for and the ability to waive or reduce planning fees in certain circumstances.

Since the Independent Panel Reported in 2016 we have been gathering information to inform our approach going forward. This has included

• Research – Reasons for delays with planning applications for housing – August 2018^[1]
• Research – Customer Service and the Planning System – August 2018^[2]
• Research – Monitoring the Outcomes of Planning – August 2018^[3]
• RTPI analysis – Financial Implications of Implementing the Planning (Scotland) Act 2019 – August 2019^[4]
• HOPS research – Costing the Planning Service – February 2019^[5]
• HOPS research – Increase in Major Fees – February 2019^[6]
• RTPI ongoing analysis of the numbers of people employed in the planning service and planning services budgets
• RTPI research – Developing skills, behaviours and knowledge – April 2017^[7]
• HOPS and Improvement Service surveys on Skills, Shared Services and Training of Elected Members – August 2018^[8]

The resourcing of the planning system has been a recurring issue since the financial downturn and we have worked with authorities and others since then to understand the issues involved and encouraged alternative ways of working such as shared services and sharing and learning from each other.

The Independent Panel appointed to review the planning system in 2015 considered both performance and fees during their review and made the following comments/recommendations:

• Timescales remain critical in providing certainty and should remain part of performance reporting framework;
• Alternative mechanisms to support improvement should be found;
• The penalty clause should be removed;
• A fuller study of combined consents should be undertaken;
• Planning fees for major applications should be increased substantially; and
• Scope for further discretionary charging should be considered further.

As a first step in 2017 the maximum planning fee was increased to £125,000 which provided in its first year over £4m additional income to planning authorities. The Planning (Scotland) Act 2019 includes provisions to extend the range of services which authorities can charge for and also the ability for Scottish Ministers to charge for the services they provide under the Planning Acts.

It is important to note that this paper seeks views on how planning fees cover the cost of determining an application. Although research published by the RTPI has identified that the Planning Act will place additional duties on planning authorities, it is not the role of planning fees to cover those new duties unless they relate specifically to the determination of an application. However, it is noted that currently planning fees only account for on average 63% of the cost of determining an application. Therefore, we expect that closing that gap should free up resources for the remainder of the planning service.

However, we recognise that increasing fees in isolation is not the only solution. We need to look at smarter resourcing and the opportunities which digital services can bring to the planning service such as increasing efficiencies in the preparation and submission of plans and applications.