Problems in the Planning System

"How long will it take me to obtain planning permission?" The more experienced among us would possibly reply "how long is a piece of string?".

Broadly, planning applications are in two categories. Householder applications, and commercial applications, i.e. mining, retail, housing and waste. Most planning applications, approximately 65%, are dealt with in two-three months, but the length of time for major projects to be determined is greater. A decision is still awaited on the Harris super-quarry, where application was submitted in March 1991 and the close of the public enquiry was in June 1995.

Call-ins by the Scottish Ministers are causing significant delays. Most applicants expect to wait at lease four months, whilst many wait sixteen months and a substantial number, over three years.

Planning appeals and their determination are widely recognised as not quick enough ranging in timescale from the quickest within three months to some taking over two years.

There is a suggestion that Scottish planning authorities are generally quicker than in England, but that call-ins and appeals are more generally handled south of the border than in Scotland.

It is also generally believed that Scotland tends to be more positive regarding commercial development in contrast to a perceived negativity in England.

However, all of that said, there is no doubt, for a variety of reasons, local authority decision making is slow, north or south and in its own way militates against and can smother business opportunities. Whilst it is necessary to balance the promotion of economic development with the preservation of the environment, many aspects of the process must be simplified and a can-do atmosphere created.

Local authorities should make greater use of specialist planning officers to deal with larger scale developments, e.g. minerals and retail. The authorities could also be more realistic in their information demands from applicants. Perhaps too, examination of the system in Ireland would be beneficial where unconditional permission is deemed to be granted unless the local authority issue their decision within two months of receipt of the application. Perhaps, as has been suggested, some fast track system be introduced on payment of an additional fee.

If the time taken to determine planning appeals is reduced then the appeal road would surely become a realistic option for an applicant faced with an uncooperative planning authority.

Authorities should be more accountable to applicants by changing the test for the award of expenses to become a more effective sanction against slow authorities. The SEDD should implement an open process in relation to call-ins, where applicants are informed and updated regularly on what is happening to their application. A thorough review of the call-in system should be initiated with the aim of achieving quicker decisions. Lack of a time limit for judicial review of local authority planning decisions must surely be an area for further research and if it can be shown that the status quo is causing problems which could be avoided, then perhaps a change in the form is required.