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1 1 1 1 14 44 46 6 (2008) 20 ELM : STRATEGIC ISSUES – SCOTLAND – HENDRY

Strategic Issues – Scotland

Sarah Hendry UNESCO Centre for Water Law, Policy and Science,
University of Dundee

Headline Issues Modernising Planning Appeals:
http://www.scotland.gov.uk/Publications/2008/06/
• Planning matters
17115652/1
• Climate change
Draft Regulations on Development Planning:
• Energy efficiency and microgeneration
http://www.scotland.gov.uk/Publications/2008/06/
• Soil framework consultation
04091042/0
• Environmental liabilities
Draft Regulations on the Planning Hierarchy:
• SEARS – a new approach?
http://www.scotland.gov.uk/Publications/2008/06/
• Flooding Bill – consultation responses
02094814/0
• Set-aside land
Development Management:
http://www.scotland.gov.uk/Publications/2008/05/
20110409/0
Planning matters Draft Regulations on Development Plan Examinations:
http://www.scotland.gov.uk/Publications/2008/05/
An analysis of responses has been produced, generally 20154243/0
positive, in relation to the recent consultation on Strategic Draft Regulations on Planning Enforcement:
Development Planning Authorities. A significant number http://www.scotland.gov.uk/Publications/2008/05/
of respondents from the Scottish Borders do not want to 12104756/0
be included in the Edinburgh strategic authority area, as
they feel their interests will be neglected. By contrast,
Shetland Islands council does want to be included in the The value of planning agreements
Aberdeen area, as that is the Shetlands’ main transport
link. There seems to be surprisingly little concern about Dundas and Wilson and Bidwells were commissioned to
the proposals to ’split’ Fife between Dundee and assess the value and importance of planning agreements
Edinburgh, perhaps because of the nature of the relevant in 2004–07, and likely future benefits to 2010. Headline
services, although exactly where the line will fall has not findings are that both the number and value of agreements
yet been decided; some felt Fife council should make this are increasing, with use being made of section 69
decision. Outwith the Borders, transport links are the main agreements under the Local Government (Scotland) Act
reason why respondents wish to be included (or not) in a 1973, for one-off payments, as well as section 75
particular area. agreements under the Town and Country Planning
Whilst there is broad support for the process, there (Scotland) Act 1997. The study also looked at agreements
are still many difficult details around procedure and under the Roads (Scotland) Act 1984, although these are
funding; not surprisingly, the authorities themselves would less common, but it did not consider planning conditions.
like much of this to be left to be determined by their future The majority (around 75 per cent) of all agreements
cooperative working, but the decision on the funding now are linked to major housing applications, with
options (an equal share for all the authorities, or based recreation, and then roads, bringing in the largest sums.
on either population or area) will surely be set by the Authorities with formula-based policies for developer
government for all the new authorities. contributions were achieving more substantial sums than
those using other mechanisms. Authorities with dedicated
Scottish Government 2008 Strategic Development Planning staff are better at monitoring and follow-up. Interestingly,
Authorities: Designation Orders and Statutory Guidance: just three authorities (Glasgow, Edinburgh and the
Analysis of Consultation Responses available at: http:// Borders) accounted for 53 per cent of the agreements
www.scotland.gov.uk/Publications/2008/05/22161818/0 entered in the review period. The study estimates between
£91m and £167m may be gained in the period to 2010.
Consultation responses, without analysis as yet, have been The extensive report is accompanied by a set of summary
published on several of the recent planning consultations: findings.

The Strategic Development Planning Authorities: http:// McMaster et al (Dundas & Wilson / Bidwells) 2008 An
www.scotland.gov.uk/Publications/2008/06/19101429/55 Assessment of the Value of Planning Agreements in Scotland
(Scottish Government Social Research) available at: http://
www.scotland.gov.uk/Publications/2008/03/05114332/0

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