Planning applications: key agency rapid planning audits

Executive Summary

The five Agencies whose processes, practices and procedures examined by me in this Review play a vital role in Scotland’s Planning system.

They bring skills, expertise and objectivity where needed most in striving to meet the goals shared by all users of planning services of delivering high quality planning decision making, in a reasonable timescale and avoiding unnecessary cost.

Each agency has a track record of delivery over many years.

But – for a number of reasons – the Review carried out by me has been timely and necessary.

In an increasingly complex regulatory environment with land use management systems seeking to address an increasing number of formidable challenges, this Review – rapid though it has been – seeks to step out from the day to day challenges faced in the Agencies (at all levels) to consider what can be done to improve the public service offered.

I offer no Root and Branch reforms. I consider there is much to commend what the Agencies do to good effect.

But, with constructive and reflective contributions from agency staff, planning authorities and a group of representative users, I offer in this Report a series of inter-connected recommendations designed to further the three sets of goals – or themes – of improving speed, reducing complexity and enhancing shared goals in driving towards securing high quality planning decision making.

I believe there is scope, with a focus applied by all, for Agencies to enhance their performance and do better.

In this review, I develop five headings which, taken together, have the potential to make an essentially good and effective system of Agency engagement, perform and deliver better.

These are:

• To recognise the strengths inherent in the national status of each of the Agencies, building on the potential in each of them to better realise what that scale can offer in striving to be and become centres of excellence. There is potential to build such centres in depth and breadth of skills, expertise and knowledge. This can develop both capacity and capability in creating a culture of continuous improvement in public service. Chapter 2 of my Report focusses on these 3 C’s – capacity; capability; and culture (Recommendation 1).
• To create an increasingly coherent and common culture of continuous improvement and mutual learning, through closer integration between them. This creates efficiencies and encourages Agencies to look to each other to find the best (and emulate it). Chapter 3 of my Report suggests a series of 5 inter-related themes towards these ends (Recommendations 2 to 5). I commend them as a collective package. This builds on the strong work of the National Planning Improvement Champion as applied to the unique needs of these Agencies, enhances the outcome focus of Agencies in their planning roles, places planning firmly at the centre of purpose of Agencies, draws the Agencies together towards shared strategic roles; and does so with a firm rooting with the key stakeholders of the Agencies.
• To build on the disparate steps already being done to front load engagement at increasingly early stages in the planning process (ahead of making an application), I recommend creating a streamlined service of the highest quality, focussed on the highest profile developments or proposals for development. I believe this to be an effective way to reduce inefficiencies arising from the duplication of skills and would be welcomed by applicants. But only if it can be shown that the service is built into the centre of excellence model suggested in Chapter 2 and where Agencies can evidence by their actions that they have, and are willing to apply, the skills to deliver in a constructive way, understanding of the needs of all users. Crucial to this is the development of clear models for these high profile developments able to clearly differentiate from more minor and less complex applications where current systems work well. Crucial too is greater clarity on the information Agencies need (and get) in order to engage in these new systems. While processes are in place, guidance is in place and checklists are in place, these are not fully effective. Chapter 4 of my Report recommends the creation of a fast track service, building on those two crucial pre-conditions (Recommendations 6, 7 and 8) and implementation of my recommendation in Chapter 2.
• To address the ways in which the suggested Fast Track systems can, in more detail, deliver significant benefits. Chapter 5 recommends that consideration should be given to the processes and systems relating to pre application, validation and consultation with Agencies. These would follow from the identification of the types of cases that are treated as complex (Recommendation 7) and the review and update of guidance setting out in detail the key required information (Recommendation 8) to be applied to a Fast Track system (Recommendation 6), all in Chapter 4. Agencies are encouraged to re-commit to pre-application engagement (Recommendation 9) and I recommend considering making pre-application engagement mandatory in national and major projects Recommendation 10) and highly encouraged or incentivised in complex cases defined by the Agencies under Recommendation 7. Based on responses to me, I recommend a review of the criteria for consultation with Agencies (Recommendation 11). To operationalise the Fast Track service and retain the high achieving responses in cases not deemed as complex, I recommend a simplified form of consultation in cases where Agencies are content to leave matters with planning authorities and improvements in the consistency of consulting with Agencies (Recommendations 12 and 13). Recommendation 14 is a necessary consequence of these proposals in reviewing how cases are triaged. Recommendation 15 is designed to enhance understandings of local councillors of inputs from Agencies.

To reflect ever changing modes of IT and AI as tools to assist effective delivery. I address these both in the use of AI models and how user friendly websites of the Agencies are. There is a strong read across on inter-Agency consistency (Recommendation 3) and I make a recommendation specifically on options for website construction and on reviews (to ensure that they stay relevant) in a fast moving IT world (Recommendation 16).

As I recognise in Chapter 1, a rapid review has limitations on the gathering of an evidence base as strong as would be possible or desirable. For those reasons, these recommendations require careful consideration and consultation in the period ahead. I therefore include a final recommendation (recommendation 17) suggesting a periodic review of progress towards such of the recommendations in this Review as are accepted. I also include a note of other matters which – for a range of reasons – are not put forward as recommendations but are in my view relevant for consideration in future policy development.