Circular 32/1983
Previous Circular Cancelled/ Amended: 28/1976, 16/1977
Date 25 November 1983
The Chief Executive
Regional and Islands Councils
Chief Executive District Councils
(except in Highland, Borders and Dumfries and Galloway Regions)
Dear Sir
STRUCTURE AND LOCAL PLANS
1. This Circular:-
(i) summarises recent changes to primary legislation affecting the procedures for the preparation of development plans;
(ii) introduces the Town and Country Planning (Structure and Local Plans) (Scotland) Regulations 1983 (SI 1590); and
(iii) in the light of the changes to primary and subordinate legislation, and of the extent to which development plan coverage has now been achieved, describes the general principles which the Secretary of State considers should be borne in mind by planning authorities in the preparation of plans and alterations to them.
2. The Town and Country Planning (Structure and Local Plans) (Scotland) Regulations 1983 come into force on 1 December 1983. A copy of the regulations is enclosed (Planning Authorities only). These regulations revoke and replace the Town and Country Planning (Structure and Local Plans) (Scotland) Regulations 1976. Annex A to this circular provides a commentary on the 1983 regulations, describing in detail the procedural changes prescribed therein. Annexes B and C are Procedure Notes for the preparation of structure and local plans respectively.
3. This circular replaces SDD Circular 28/1976, together with the Procedure Notes associated with it. Paragraphs 1.1-1.5 of Circular 16/1977 are also cancelled.
Background
4. The new regulations are consequential upon amendments to the statutory provisions relating to the preparation of development plans effected by the Local Government (Miscellaneous Provisions) (Scotland) Act 1981 and the Local Government and Planning (Scotland) Act 1982. They have been prepared in the light of comments from a wide range of interested parties, and the opportunity has also been taken, in drafting the regulations, to make changes, reflecting experience of the operation of the 1976 regulations, which have the effect of simplifying and streamlining certain procedures.
Local Government (Miscellaneous Provisions) (Scotland) Act 1981
5. The relevant amendments contained in the 1981 Act provided powers of general prescription rather than of individual direction by the Secretary of State to achieve consistency of development planning throughout the country, and to streamline procedures wherever possible. The powers of individual direction which were removed by the Act included the power to direct an authority to institute a new survey for all parts of its district, or to keep certain survey matters under review; to direct the period over which changes in the characteristics of the authority's district should be estimated for survey purposes; to direct the content of a structure plan or the form and content of a local plan; to direct the preparation of a local plan after the structure plan for the area had been approved; to direct the preparation of an alteration to a local plan once a structure plan had been approved; to prescribe the places at which a local plan should be made available for inspection; and to direct further publicity and consultation after the Secretary of State had considered the statement of local plan publicity and consultations submitted by the authority. These amendments were fully described in Annex B to Scottish Office Finance Division Circular 16/1981.
6. For the most part these amendments did not necessitate changes to the regulations. The regulation prescribing the procedure by which the Secretary of State may direct further consultation on a local plan is, however, no longer required and the new regulations do not include such a provision. In preparing the regulations, the opportunity has also been taken to remove several other related minor powers of direction by the Secretary of State which were specified in the 1976 regulations. These include the power to direct further consultation at the plan preparation stage, the power to direct the scale of a local plan proposals map and the power to direct the reprinting and updating of documents.
Local Government and Planning (Scotland) Act 1982
7. The relevant provisions of the 1982 Act had the effect of further streamlining procedures. The most important change was the provision of an optional expedited procedure for alteration of a structure or local plan, omitting the full publicity and consultation requirements for the preparation of a plan. The Act also gave the Secretary of State discretion to decide whether or not an examination in public of a structure plan should be held and made provision for greater flexibility in the procedures for the preparation and adoption of local plans. An authority is now obliged to make arrangements for a Public Local Inquiry (PLI) to consider objections to a local plan, or to proposed modifications to a local plan, only if an objector so requires. A local plan may be modified before adoption to take account of objections or matters arising from objections (whether or not they have been considered at a PLI) and of minor technical or drafting matters. The amendments made by the 1982 Act were fully described in Annex B to SDD Circular 29/1982.
Development Plans: General Principles for Preparation, Review and Monitoring
8. Although structure plan coverage for the whole of Scotland is nearly complete, considerable progress remains to be made on the preparation of local plans. Moreover, plans already prepared require to be reviewed in the light of changing circumstances. Accordingly, the Secretary of State invites planning authorities to bear in mind the following general principles in the preparation of development plans and alterations to them:-
(a) plan making should never be an end in itself and each plan should serve a clear purpose;
(b) the overall purpose of development planning is to set out the planning authority's policies and proposals for the use of land in the best interests of the community, with regard to the resources likely to be available for the implementation of the plan. The plan should identify the needs and opportunities for development with a view to attracting, stimulating and releasing enterprise in the community. It should attempt to resolve conflicting pressures on the use and development of land and hence guide prospective developers, inform the public and facilitate speedy decisions on planning applications;
(c) plans must, therefore, be readily comprehensible by the layman. They should concentrate on the essentials; be realistic in the use of resources; avoid the glossy and the grandiose; be prepared swiftly in accordance with a timetable set and adhered to by the planning authority; and be kept up to date;
(d) a plan must also take full account of national policies. The Secretary of State's priorities on the land use aspects of nationally important issues are set out in the National Planning Guidelines and he will expect planning authorities to take full account of the advice set out in the guidelines. The Secretary of State will examine plans submitted to him to ensure that due regard has been taken of national policies and, where he considers that this has not been done satisfactorily, he will require appropriate modifications to be made;
(e) a balance should be struck between the need for individuals and organisations to be consulted about planning proposals which may affect them and the need for prospective developers in both the public and private sectors to have adequate guidance in the form of speedily produced up to date plans;
(f) as staff resources are limited, priority should be given to plan making for areas where changes are expected and development pressures are likely to be greatest.
9. It is essential that the provisions of completed development plans should be monitored and reviewed. To keep a plan up to date the assumptions upon which it is based will require to be regularly reassessed and alterations prepared as and when necessary. The Secretary of State envisages that development planning activity in the coming years will increasingly be concentrated on such work. The amendments to primary legislation described above are designed to introduce flexibility into the procedures for the alteration of plans and this aim is also reflected in the new regulations. Planning authorities are urged to take full advantage of the revised procedures in preparing alterations to plans in response to changed circumstances.
10. Further guidance on the preparation and review of structure and local plans respectively is provided in the following paragraphs.
Structure Plans
11. Structure plans should be confined to issues of genuinely strategic importance. Section 5(4) of the 1972 Act requires the planning authority to have regard to economic objectives and to the resources likely to be available during the life of the plan. The plan should express the land use development implications of the economic, social and other policies of the authority; reference to these policies can therefore be made in justification of the policies and general proposals in the structure plan, although the Secretary of State's approval of the plan will relate only to the strategic land use policies and proposals contained therein. In addition the Secretary of State has prescribed in regulation 7 of the 1983 regulations certain other matters which must be contained in a structure plan. These are a description of the existing social, economic and physical structure of the area; the needs and opportunities for change; and the broad criteria for development control including, where appropriate, guidance on the application of these criteria in local plans. In examining structure plans and alterations submitted to him in future the Secretary of State will pay close attention to the regard which the planning authority has had to these requirements.
Local Plans
12. Although the Secretary of State has not set a target date for the completion of local plan coverage for all, or any part, of Scotland, he attaches great importance to the need for local plans to be prepared as soon as possible for those areas where development pressures are at present being experienced, or are expected. He regards local plans as the essential base for sound development control decisions and for providing clear guidance to potential developers, particularly those engaged in industrial development and house building. A local plan should provide a detailed prospectus for development and set out a firm framework within which decisions on planning applications can be made. It should also inform the public about proposals for development, redevelopment or improvement in the area. A local plan should, therefore, provide clear statements of the planning authority's development control policies for all parts of the plan area and equally should show the parts of the area where policies of no change will apply.
13. Regulation 25 in the new regulations prescribes matters which must be included in all local plans and provides that, in preparing a local plan, a planning authority must have full regard to the implications of the policies and general proposals of the relevant structure plan. Authorities are reminded that a local plan cannot be adopted unless it conforms to the structure plan. The Secretary of State expects regional and district planning authorities to work in close co-operation to identify the requirements for local plans in their areas and to have them prepared expeditiously. It will continue to be the Secretary of State's aim to seek to be involved in the preparation of local plans only where issues of national importance are involved or where there is clear evidence that statutory requirements have not been fulfilled.
Further SDD advice
14. The Secretary of State wishes to draw the attention of planning authorities to Planning Advice Notes 27 and 28 which provide detailed technical guidance on the preparation of structure and local plans respectively. These Notes will continue to be kept under review and revised from time to time to take account of the experience of authorities in preparing development plans and to reflect current best practice. The National Planning Guidelines are also kept under review and will be amended as and when necessary.
15. Enquiries about this circular or its Annexes should be directed to Mr C M A Lugton (Extension 4631) at the above address. Further copies of the circular may be obtained from Mr A Cunningham (Extension 5372). Additional copies of the regulations are available from Her Majesty's Stationery Office.
Yours faithfully
D J ESSERY
Annex ATOWN AND COUNTRY PLANNING (STRUCTURE AND LOCAL PLANS) (SCOTLAND) REGULATIONS 1983
Annex BSTRUCTURE PLANS: PROCEDURE NOTE
Annex CLOCAL PLANS: PROCEDURE NOTE