GLASGOW PLANNING CHARTER Introduction The Planning System in

GLASGOW PLANNING CHARTER

Introduction The Planning System in Scotland underpins decisions about the future development and use of land in our towns and cities and in rural areas. The system should balance competing demands to ensure that land is used and developed in the public’s long-term interest. Effective involvement of communities is integral to these aims. Engaging members of the public provides accountability and robustness to the processes involved in the development of land. Planning Law, as set by the Scottish Parliament and Scottish Ministers, requires local authorities to allow the public to comment on planning matters. There are 3 main components to the planning system in Scotland. Planning System Development Plans Scotland’s planning system is plan-led and these plans set out how places should change into the future. A Participation Statement, prepared as part of the Development Plan Scheme, describes the public consultation to be undertaken before a new Development Plan is adopted. Consultation takes place with the community on the Main Issues Report and then on the Draft Plan. Development Management This is the process for making decisions on planning applications etc. Planning law requires that decisions on planning applications accord with the development plan unless there are material grounds for an exception. Planning law requires that neighbours are notified of proposed developments. Larger applications require formal pre-application consultation with communities, which must include an event to publicise the proposal. Enforcement This is the process that ensures development is carried out in accordance with approved details, and decides where action can be taken where they are not. It also considers unauthorised development or use. The Council’s Enforcement Charter gives an undertaking of helpfulness to work with the public in a spirit of co-operation when dealing with concern over breaches in planning control.

Glasgow Planning Charter The Glasgow City Council Planning Charter aims to provide the basis for community involvement in the Planning system to enable communities to engage effectively in the processes that will affect and shape their areas. The Charter also aims to assist developers in encouraging and promoting meaningful community engagement in relation to proposed developments that will affect communities. Early contact is a key part of successful engagement and should always be a priority when significant development is considered. There a number of ways communities can become involved in the Planning system. By law, the Council must consult with the public when it is preparing a Development Plan and notify the public when it receives planning applications. When preparing a City Development Plan, the Council must consult the public at various stages. At the start of the process, the Council has to publish a Participation Statement outlining the approach it will take to community engagement. Consultation takes place on the Main Issues Report and on the Draft Plan. Development Management is the process by which the Council makes decisions on planning applications. Planning law requires the serving of notice of the proposal on neighbouring properties and for time to be allowed for receipt of representations. For major applications (as defined in planning law), pre-application consultation is required. This means developers must consult affected communities before submitting an application. Prospective applicants must consult with Community Councils and other relevant bodies and organise at least one consultation event. The consultation event must provide relevant details of the proposed scheme, take place in the affected area and be appropriately publicised. Applicants intending a major development must lodge a report with their application describing their pre-application consultation. The Council also encourages applicants to present their proposals to the Planning Applications Committee before lodging an application. The Council will encourage developers to make early contact with communities to highlight proposed development likely to affect their areas. Enforcement is the process where breaches in planning control are investigated and where necessary formal enforcement action is taken. The Council publishes an Enforcement Charter, which is kept under review.

Community Councils The Council as a Planning Authority Community Councils play an important part in representing their communities, particularly where major development proposals are planned. The Council is the city’s statutory planning decision-making body. It should determine applications in line with the Development Plan, taking account of all relevant matters, including the views of local residents. The Council consults formally when requested on any application and ensures community views are considered when determining any application. The Council encourages developers to consult with Community Councils over significant proposals and to ensure early consultation on large and complex development proposals. Community Councillors are not generally experts in planning matters; they are volunteers with limited resources. Developers should take account of this in their dealings with them, and recognise that community councils are statutory consultees whose views are of importance in the planning process. The Council prepares a Report of Handling or a Committee Report (depending on whether the decision is delegated to officers or will be taken by a Committee) on each application. This summarises the application and the decision making process that has taken place. These reports cover all matters relevant to making the decision, including representations received, with a summary of the content and an evaluation of the points raised. The application details, the reports and decisions issued are available online using the Council’s public access system. The Council encourages applicants to have early dialogue with Community Councils, particularly with regard to applications of a significant scale. This early dialogue allows consideration and discussion at a time where applicants can more easily take on board community views. The Council expects all applicants submitting major applications to present their proposals to the Council’s Planning Applications Committee at pre application stage.

Glasgow Planning Charter Development Management Local Development Plan Pre Application Stage Submission of Proposal The Council will; ■ ■ Open the City Development Plan process by publishing a Participation Statement indicating the strategy for public engagement in the preparation of the City Development Plan. ■ Engage with communities and other stakeholders through a ‘Call for Sites’, which gives them an opportunity to highlight opportunities to promote sites for development and protection in the new City Development Plan. ■ Explore, with communities and other stakeholders, how to use the Place Standard and other methods to reveal how the city is performing and provide evidence to inform priority issues that the new City Development Plan should address. Publicise and consult with all stakeholders on a Main Issues Report highlighting options on how to approach key topics and areas of change affecting the new City Development Plan. Work with our partners including PAS (formerly Planning Aid Scotland) to support engagement events working with communities and community councils at key stages in plan preparation. On publication of the Draft Plan, notify the public and highlight their ability to comment on all aspects of the plan. This will include notification to neighbours of proposal sites contained in the Draft Plan and consult where required for a six week period. ■ Engage with participants through the Examination process to alert them of outcomes. ■ Outwith the main City Development Plan process, the Council will consult on all emerging Supplementary Guidance and conduct focused engagement to inform preparation of Spatial Guidance. ■ Encourage developers to consult communities at an early stage, especially on Major applications where statutory preapplication consultation is required. ■ Provide affected Community Councils with details of case officers processing applications to be their first point of contact. ■ Encourage developers to hold at least one public event early in the pre-application consultation process. ■ Provide updates on the progress of any Major application to developers or community councils on request. ■ Respond positively to pre-application meeting requests from developers. ■ Consult community councils on any Major applications affecting their areas. ■ Offer Processing Agreements to developers who request these. ¢ ■ Offer Planning/Design workshops at preapplication stage for Major applications. Re-notify neighbours and re-consult community councils regarding any significant alterations to an application post-submission where a fresh application is not required. ■ Ensure that developers consult relevant Community Councils at pre-application stage on Major applications, along with other relevant community bodies. ■ ■ Work with developers to identify the most appropriate method of consultation and the information they must provide. Ensure that Reports of Handling and Committee Report provides a full summary of public comments on any application and details the evaluation of any representations received. ■ Ensure the required report on public consultation is lodged with the planning application. ■ Encourage developers of Major applications to present their proposals to the Planning Applications Committee at pre-application stage.

Decision Making Enforcement The Council will; ■ Make Decision Notices and associated reports available on the Council’s planning portal after determination of an application. ■ Prepare a Planning Enforcement Charter outlining the Council’s policy towards taking enforcement action. ■ Send notification of the decision to those who submitted a representation after determination of an application. ■ Review the Planning Enforcement Charter every 2 years. ■ Explain to stakeholders how they may raise a complaint about a breach of planning control and what service they may expect to receive in the circumstances. ■ Provide service pledges in the delivery of the enforcement service. ■ Provide service standards, which are public commitments to a measurable level of performance that clients can expect under normal circumstances. ■ Review progress of legal agreements regularly and consider alternatives if there is no progress. ■ Post material relating to discharge of conditions on the Council’s planning portal as soon as possible after receipt. In addition, The Council will; ■ Provide pre-application advice to prospective applicants free of charge. ■ Encourage early contact with developers and promote the use of the pre-application enquiry process. ■ Continue to review legacy cases and work for a continuous reduction in their number. ■ Continue holding stakeholder events, targeting Community Councils and consider customer feedback on service delivery.

12 Prepared by: Development and Regeneration Services, 231 George Street, Glasgow, G 1 1 RX.

Development Plan Development Management Enforcement, Appeals, Local Review THE PLANNING TRINITY

WHAT IS DEVELOPMENT MANAGEMENT? • A statutory obligation under the Town & Country Planning (Scotland) Act 1997 – primary legislation. This is accompanied by extensive secondary legislation – Regulations and Orders • A system of control over the use of land which helps deliver and support the Development Plan • This is achieved by enabling control over “Development” through requiring formal permission from the Council to undertake development, or • Taking action against unauthorised development – Enforcement.

DEVELOPMENT “The carrying out of building, engineering, mining or other operations in, over or under land, or the making of any material change in the use of any buildings or other land. ” (S 26 of 1997 Act) • Building works an application for planning permission might be required • Change of Use an application for planning permission might be required BUT NOT ALL DEVELOPMENT REQUIRES PLANNING PERMISSION

PERMITTED DEVELOPMENT Planning permission granted by Scottish Ministers via The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 – Covers what are considered fairly minor works. – The GPDO Sets out what doesn’t need planning permission from the Council - a series of complex and detailed criteria. • Householder development (extensions etc). Controls were relaxed in February 2012) • Changes of use • Minor industrial development • Some telecommunications development • Many others – Extent of PD is usually subject to limitations on size, location, etc. – Consultation Paper now issued to widen the scope of non-householder PD

PLANNING APPLICATIONS The hierarchy of development The categorisation of developments in the hierarchy is intended to • Establish a more proportionate approach to determining planning applications • Permit the focussing of resources on proposals that involve greater economic benefits or environmental impact. National Local Major Local Minor – no pp. required (PD, etc. )

NATIONAL AND MAJOR Subject to enhanced scrutiny • Pre-application consultation (all National and Major) • Proposal of application notice (all National and Major) • Design and Access statements (all National and Major) • Pre-determination hearings (National and all Major significantly contrary to the Development Plan) • 4 months to determine • Decision by Full Council (National and all Major significantly contrary to the Development Plan) • Appeals against decisions must be made to Scottish Ministers

KEY STAGES IN THE APPLICATION PROCESS Pre-application Submission • Formal mandatory consultation • Desirable optional consultation • Processing agreements • Documents, plans, fee • Neighbour notification and other publicity • Online planning • Consultation • Statutory • Non-statutory Assessment and Decision • • Role of Development Plan Material considerations planning. representations@drs. glasgow. gov. uk Report of handling Decision level – Committee/Delegated Powers Appeals/Review Enforcement

DECISIONS • Delegated powers (including statutory scheme) • Committee – – report detailing the proposal, relevant policies, material considerations, representations and assessment need for detailed note of reasons for amending or overturning officers’ recommendations

GLASGOW CITY DEVELOPMENT PLAN UNDERSTANDING LOCAL PRIORITIES

Area Local Plans City Plan 2 2009 City Plan 2003 City Development Plan 2017

A sustainable place to live and work.

DECISIONS

Understanding Local Priorities • Learning from experience • Recognising what’s possible • What can a priority be: • A place • A facility • A problem • Something missing