Planning applications: key agency rapid planning audits

Annex 2 – Key Agency website review

Historic Environment Scotland

Planning responsibilities of the agencies

• Providing statutory advice in the planning and other consenting systems on potential impacts from developments on listed buildings, scheduled monuments etc.
• Determining applications for scheduled monument consent and enforcement activities for any unauthorised works.
• Providing general advice on the management of the historic environment, such as inputting to HES grants decisions and policy development, and externally providing advice on good practice and advocating for positive heritage outcomes for Scotland’s people and communities.
• Producing guidance on managing the historic environment in the planning system, including the managing change series which plays a key role in supporting the implementation of policy 7 (Historic Asset and Places) in National Planning Framework 4.

Website review

Are planning responsibilities easy to find on the website?

Yes, ‘Our role in planning’ webpage is easily accessible and contains details of HES’s role.

• “Planning and guidance” section, HES’s role is described in accessible language.
• “Our role in planning” clearly sets out HES’s statutory functions.
• “Understanding our regulatory roles” shows how HES provides regulatory and advisory services in planning and other consenting systems.

If a user is unfamiliar with HES or the planning system, they may still need to navigate around (advice & support > planning & guidance > our role in planning) rather than landing straight on a “consultation trigger” page

Is it clear if/how you can contact agencies for advice?

Yes, direct contact details are provided.

• Under “Our role in planning” page it states:“You can contact our Heritage Directorate to discuss a development proposal early on. Our response time for such consultations is 21 days.” Historic Environment Scotland and provides email address.
• “Contact Us” page with general contact details: email, phone, postal address.

“You can contact our Heritage Directorate to discuss a development proposal early on. Our response time for such consultations is 21 days.” Historic Environment Scotland and provides email address.

Website doesn’t specify which team should be contacted for the type of enquiry someone may be looking for.

Is it clear what cases they are likely to be notified on?

Yes, HES statutory consultee role is listed on the Development Management tab.

There is no quick checklist for thresholds or smaller types of cases.

Is it clear what information requirements are needed if the agency is likely to be consulted?

Not clear, but information is provided on the ‘Historic Environment Policy for Scotland’ webpage related to the types of scenarios where HES deliver on their duties.

• “Our role in planning” page emphasises early engagement, “Listed building consent process” page states the planning authority will consider applications in light of HES’s Managing Change guidance series, Historic environment legislation” page makes clear that the regulatory framework exists and sets the context for what will be required.

However, there is no easy to find, “you must include” checklist on the page for all consultation types (at least not obvious in the main navigation). Much of the detail is in further downloadable PDFs or guidance documents.

Is it clear if the agency will participate in pre-application discussions and in what circumstances?

Yes. The option is clearly set out, the website states that HES welcomes early/pre-app engagement, that is seen in the below sections:

• “Pre-application engagement” section (on “Our role in planning”)
• “Engagement and analysis: We often work closely with developers and planning authorities at the pre-application stage of a development proposal.”

The agency survey responses set out where processes are communicated

Were those easy to find?

These aren’t easy to find unless you have knowledge of the documents to search for. Some of the detailed procedural information (e.g., response timescales) requires reading the service standard document rather than the main page. So users may need to dig for full process detail (for example the referenced “Planning Service Standard” is mentioned but may not be obvious).

• “Our role in planning” page details their involvement.
• “Planning and guidance” landing page gives links to the different parts of the process.
• “Listed building consent process” page states what happens in assessment, consultation, etc.

What sort of balance is there between technical detail and plain English?

A good balance.

An unfamiliar user may need explanation for some specialist planning terms but overall good balance.

Summary of conclusions

Potential considerations

There’s a lot of information with a number of guidance documents available which are not always obviously related to a search on planning applications.

Consider a rationalising of the planning related functions of HES to make the website more accessible.

• Checklist tools could be added for consultation, requirements on documents to be submitted.
• Provide plain English glossary of specialist planning terms.
• Keep documents up to date

NatureScot

Planning responsibilities of the agencies

• Pre-application and scoping advice;
• Responding to consultations that fall within the terms set out in our Service

Statement;

• Environmental Impact Assessment;
• Habitats Regulations Appraisal;
• S36 and S37 casework.

Website review

Are planning responsibilities easy to find on the website?

Yes, they can be found on the page ‘Our Planning Role and Consulting Us’

• Sections labelled “Professional advice ->Planning and development” which includes pages such as “Our planning role and consulting us”. This page describes how they engage with the planning system.
• Guidance documents like “Guidance - Development Management and the Natural Heritage” which set out in more detail their role in the planning.

A casual or first-time user might need several clicks (and familiarity with planning/consultees language) to arrive at the relevant section.

Is it clear if/how you can contact agencies for advice?

Yes. Information is provided with email addresses and interaction with InformedDecision tool.

Is it clear what cases they are likely to be notified on?

Yes, this information is set out:

• The “InformedDECISION™” page gives a practical tool for applicants to determine whether their development needs to consult NS.
• There is also a “How and when to consult NatureScot – checklist” document which sets out criteria for consultation.

For smaller-scale developments or minor cases users may need to read the checklist document in full to determine whether consultation is necessary. Perhaps, the document could display a clearer indication for these types of cases.

Is it clear what information requirements are needed if the agency is likely to be consulted?

The InformedDecision tool sets out the required information to initiate pre-application process.

The general website pages may not always summarise in simple bullet list all the required documents. Users often need to download and read the detailed guidance documents themselves. A “what you must submit” checklist would be helpful.

Is it clear if the agency will participate in pre-application discussions and in what circumstances?

Yes, the opportunity to engage in pre-app is stated in a number of places on the website.

• “Guidance – Development Management and the Natural Heritage” section “2.4 Pre-application engagement”.
• “Our planning role and consulting us” page points to the use of the platform and early contact.

The agency survey responses set out where processes are communicated

Were those easy to find?

Relatively easy to find. However, if you were a user purely looking for “how do I progress from concept - submission” you might browse a few pages.

What sort of balance is there between technical detail and plain English?

Good balance. Accessible language for the general user, while providing detailed technical documents for specialists. Main pages written in relatively plain English and guidance documents include more technical language and professional detail.

Summary of conclusions

Potential considerations

There’s a lot of good information, but located across a number of different pages.

Consider whether that information could be rationalised. A simple summary checklist for applicants would improve clarity. Perhaps, consider a more prominent link from the homepage or developer landing page: “Planning & Development – Consult us” so users don’t have to browse multiple menus.

Scottish Environment Protection Agency - Home | Scottish Environment Protection Agency (SEPA)

Planning responsibilities of the agencies

SEPA are a statutory consultee under the Town and Country Planning (Scotland) Act and other regimes such as the various environmental impact assessment regimes and the Electricity Act.

Almost eighty percent of SEPA’s work comes from town and country planning consultations.

SEPA provide independent advice on request to determining authorities on a range of casework as set out in the consultation framework. This brings together our consultation arrangements for all regimes into a single document, for ease of reference for consulting bodies.

Website review

Are planning responsibilities easy to find on the website?

Yes, the planning pages are to be found within the ‘Land’ part of the website. SEPA’s responsibilities related to planning are set out on these pages.

• Dedicated “Planning” section under “Environment ->Land -> Planning”. The page titled describes SEPA’s role in planning and states their responsibilities.

Someone less familiar with the planning/consultation jargon might require a few clicks (and some understanding of technical terms) to find the exact responsibilities around planning applications.

Is it clear if/how you can contact agencies for advice?

The information directs applicants to the Planning Authority, however, contact details are available.

• “How and when to engage with/consult us” page. Their regional planning teams and their early engagement with planning authorities is all mentioned.

Is it clear what cases they are likely to be notified on?

The webpage information directs the reader to their Triage Framework. This framework contains information on reasons which trigger need for consultation with SEPA.

Is it clear what information requirements are needed if the agency is likely to be consulted?

The Triage Framework provides information and links to additional guidance on the information required to support planning applications.

A developer or agent looking for a simple list of documents/information you must submit for SEPA consultation on the front page will have to open the guidance PDF.

The guidance is not always presented as an easy “checklist” on the main page.

Is it clear if the agency will participate in pre-application discussions and in what circumstances?

Yes, this is stated and pre-app is supported. However, suggestion is that the Planning Authority is contacted to engage in pre-app.

The agency survey responses set out where processes are communicated

Were those easy to find?

Yes. Processes are clearly communicated and accessible, though some of the detail is hidden in PDF documents rather than navigating from the main page.

What sort of balance is there between technical detail and plain English?

Good balance. Main page uses reasonably plain English and is accessible for non-specialist users. Website provides access to detailed guidance notes for specialists. The “Standing Advice” document and other PDFs are quite technical as well.

Summary of conclusions

Potential considerations

Lots of information is available with references to separate guidance documents.

Consider whether there is opportunity to include on the webpages simple detail of the types of cases that SEPA wishes to be engaged on.

Provide checklist/ bullet list on what applicants are expected to submit on main page before diving into PDFs.

Scottish Water

Planning responsibilities of the agencies

Scottish Water is a statutory consultee under the Town and Country Planning (Scotland) Act as well as Environmental Impact Assessments. SW’s planning team provide advisory responses to any applications submitted to Scottish Water by a local authority or Scottish Government.

Website review

Are planning responsibilities easy to find on the website?

Yes, to a degree, responsibilities are set out on their Business and Developers webpage.

• Page titled “Planning Your Development” on the “Business & Developers” section which outlines SW’s role as a statutory consultee.
• Home page navigation includes “Business & Developers ->NEW – Connecting to Our Network ->Developing housing and commercial properties /->Preparing / Planning-Your-Development”.

A casual user or first time applicant may not find it obvious which page covers “when we will be consulted”. Page is under the “Preparing” heading rather than labelled e.g. “Statutory consultee responsibilities” which might confuse some users.

Is it clear if/how you can contact agencies for advice?

Yes, contact information is provided on the Business & Developers page.

• On the “Planning Your Development” page, the “Applying” page, the “Activities within Our Catchments” page.

The site distinguishes different contact points for different types of enquiry, which is fantastic, however, this is not clear for absolutely every scenario.

Is it clear what cases they are likely to be notified on?

Yes, information is provided via links to guidance documents for individual householder applicants and business/ developers.

• On the “Planning Your Development” page and on the “Activities within Our Catchments” page.

It does not provide all threshold triggers in a simplified checklist but for many standard scenarios the guidance is adequate.

Is it clear what information requirements are needed if the agency is likely to be consulted?

The developer guide provides this information and is clear.

• On the “Applying” page there is a list of essentials necessary to complete their application form.
• On the “Planning Your Development” page it references technical design documents (e.g. sewers).

Some detail is deeper in supporting documentation.

Is it clear if the agency will participate in pre-application discussions and in what circumstances?

Yes, SW set out a clear process for engaging early, which includes a Pre-Development Enquiry Service. The information on the webpage indicates clearly the approach for individual household applicants and housing or business applicants.

The agency survey responses set out where processes are communicated

Were those easy to find?

Yes, easy to access.

What sort of balance is there between technical detail and plain English?

A good balance, the website caters to both technical and non-technical users.

• Pages aimed at developers are written in plain English.

More technical design standards documents provide deeper tech details.

Summary of conclusions

Potential considerations

Clearly set out website and links to guidance documents.

A more obvious “Statutory Consultee - When to engage with us” button with a quick checklist for non-specialists could be an improvement.

Transport Scotland

Planning responsibilities of the agencies

Transport Scotland represents Scottish Ministers’ duties as a statutory consultee under the Town and Country Planning (Scotland) Act (TCPA). Almost 81% of our workload derives from TCPA planning consultations, although we are also consulted through other legislation such as the various environmental impact assessment regimes and the Electricity Act 1989.

Under the provisions of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, as set out in Regulation 25 and Schedule 5, Transport Scotland is consulted on planning applications that meet the following criteria:

• within 67m of a trunk or special road or proposed trunk or special road;
• includes the formation, laying out or alteration of any means of access to a trunk or special road, or proposed trunk or special road;
• likely to result in a material increase in the volume of traffic entering or leaving a trunk or special road; or
• likely to result in a material change in the character of traffic entering or leaving a trunk or special road.

Website review

Are planning responsibilities easy to find on the website?

Yes, to a degree, overall straightforward to locate guidance and policy.

• Planning applications section available in the main menu under “Our approach” > “Industry guidance”. The page sets out Transport Scotland’s role as a statutory consultee in the planning process.
• Development Planning section indicates their duty as a Key Agency for development plans.

Level of accessibility will differ depending on experience of the applicants with the planning system. If you were not already familiar with the site structure you might have to navigate a few clicks. The home page itself doesn’t flag “planning consultation responsibilities” up front. Some PDF guidance docs may be concealed behind a few clicks as well.

Is it clear if/how you can contact agencies for advice?

Yes, clearly set out.

• “Contact & feedback” page under “Planning applications”
• The “Development Planning” page offers an email address for queries.

The “Advice on planning for small developments” PDF provides contact details at the end of the guidance.

Is it clear what cases they are likely to be notified on?

Yes, clear explanation of when they should be consulted.

The webpage does indicate that TS are primarily concerned with development proposals that may impact on the strategic transport network.

• Criteria set out on the “Planning applications” page under “When to consult Transport Scotland on a planning application”.
• Small developments guidance gives threshold sizes and indicates when a Transport Assessment may or may not be required.

Further information is provided in guidance for small development and development requiring a transport assessment, both are dated 2016.

development-and-the-trunk-road-network-march-2016

advice-on-planning-for-small-development-march-2016

Is it clear what information requirements are needed if the agency is likely to be consulted?

Yes, to a degree, some detail is technical.

• Small developments guidance includes a table of indicative size criteria for when a Transport Assessment is required.
• Development Planning guidance indicates that Planning Authorities should contact them early to scope the appraisal approach and modelling tools.
• “Development and the Trunk Road Network” document mentions that they will sign up to processing agreements when requested, and notes data/models can be shared.

Users will still need to download PDFs as the most in depth information in the tech guidance documents.

Is it clear if the agency will participate in pre-application discussions and in what circumstances?

Yes, that is clearly stated. The 2016 guidance documents indicate that it is beneficial to engage early with TS on development proposals.

• “Planning applications” guidance under “Pre-application discussions” states that applicants are encouraged to engage with them at the earliest opportunity and whenever a query arises.
• “Advice on Planning for Small Developments” guidance as well
• “Development and the Trunk Road Network” document also mentions they will sign up to processing agreements when requested and discuss early in the process.

The agency survey responses set out where processes are communicated

Were those easy to find?

Not easy to find unless you have the document links OR know what to search for in their publications list.

Room for improvement if you came to the website without knowing where to look you would have click here and there through menus and sub menus.

What sort of balance is there between technical detail and plain English?

Well balanced, however, there is a significant amount of tech detail in the PDFs.

Summary of conclusions

Potential considerations

Limited information on the webpages themselves, with links through to PDF documents.

Consider whether more detail could be provided on the website itself that offers clear information on what TS’ responsibilities are and how to engage them or how they are engaged in the applications process.

• Add a dedicated “Planning & Development” item on the home page.
• Ensure the tech PDFs are updated regularly
• Perhaps, provide a checklist for developers on when they should be consulted.