Publication - Consultation paper

Planning system - promotion and mediation: draft guidance - consultation

This consultation paper seeks views on draft guidance on the promotion and use of mediation in the Scottish planning system.

74 page PDF

875.8 kB

74 page PDF

875.8 kB

Contents
Planning system - promotion and mediation: draft guidance - consultation
Annex F: Guidance on The Promotion and Use of Mediation - Strategic Environmental Assessment Pre - Screening Assessment

74 page PDF

875.8 kB

Annex F: Guidance on The Promotion and Use of Mediation - Strategic Environmental Assessment Pre - Screening Assessment

SEA Pre-Screening Document

Responsible Authority:

Scottish Government

Title of the plan:

Guidance on the promotion and use of mediation in the Scottish planning system

What prompted the plan:

(e.g. a legislative, regulatory or administrative provision)

Provisions in Section 40 of The Planning (Scotland) Act 2019 require Scottish Ministers to prepare guidance on the promotion and use of mediation in the Scottish planning system by 25 July 2021.

The 2019 Act also requires in advance of publishing the guidance, Ministers are to consult planning authorities and other such bodies as are considered appropriate. Due to the scope of the draft guidance, this should additionally include: the general public; community councils; developers; and key agencies.

Plan subject:

(e.g. transport)

Town and Country Planning

Brief summary of the plan:

(including the area or location to which the plan related)

The draft guidance focusses on the use of mediation as a means of exploring, resolving or reducing disagreement between persons in the Scottish planning system. Persons can include: planning authorities; the general public; community councils; developers; and key agencies. It will apply across the whole of Scotland with local authorities needing to have regard to the guidance.

The advice in the guidance will focus particularly on the potential use of mediation in development planning (consultation arrangements as set out in the participation statement and resolving issues in advance of the development plan examination) and development management (promoting the use of mediation in pre-application consultation on national and major developments with communities). Local Development Plans are developed by all Scottish planning authorities. There were in the region of 325 applications for major developments in Scotland in 2018/19.

Brief summary of the likely environmental consequences:

 (including whether it has been determined that the plan is likely to have

 Brief summary of the likely environmental consequences:

 (including whether it has been determined that the plan is likely to have

no or minimum effects, either directly or indirectly)

The intention of the guidance is to support one of the overarching themes within the review of planning - collaboration over conflict. The focus of the draft guidance is on identifying the potential use of mediation in the planning system in areas where it is clear there is the potential for conflict or disagreement. Due to the inherent voluntary nature of mediation, there is no statutory requirement to enter into mediation by parties.

The intention of the guidance is to support one of the overarching themes within the review of planning - collaboration over conflict. The focus of the draft guidance is on identifying the potential use of mediation in the planning system in areas where it is clear there is the potential for conflict or disagreement. Due to the inherent voluntary nature of mediation, there is no statutory requirement to enter into mediation by parties.

In response to the criteria in Schedule 2 of the SEA (Scotland) Act 2005, the aim of the guidance is to support decision-making processes in the planning system. Mediation has the potential to influence decision making through the consideration of the views of all relevant parties. It has the potential to form one element of the consultation on the development plan. Though the final decision on the plan rests with the planning authority.

With regard to pre-application consultation, it has the potential to influence the prospective applicants planning application. However, the decision on the planning application rests ultimately with the decision-maker.

If any changes to the plan or any mitigation was required in order to resolve potential points of conflict these would be subject to their own SEA requirements, as part of the planning process. It is therefore our view that the guidance would have no or minimal environmental effects once implemented.


Contact

Email: planningmediation@gov.scot