Publication - Consultation paper

Local development planning - regulations and guidance consultation: part C - local development planning - draft guidance

Published: 17 Dec 2021

Part C of the local development planning - regulations and guidance consultation sets out: (1) the overall aims and expectations for new style LDPs; (2) the process of how to achieve a new style plans; (3) and detailed thematic guidance on how new style plans are to implement policies in NPF4.

Local development planning - regulations and guidance consultation: part C - local development planning - draft guidance
Annex C – Local Development Plan Process

Annex C – Local Development Plan Process

Evidence Gathering

Key Stage - Early Preparation

Local Development Plan

Development Plan Scheme (DPS):

  • Prepared at least annually (or when directed by Scottish Ministers)
  • Includes Participation Statement
  • Adopted by planning authority

Invitation to local communities to prepare Local Place Plans

Strategic Environmental Assessment

Programme for work on SEA set out in DPS

Other Appraisal / Assessment

DPS sets out programme for work on assessments including:

  • Public Sector Equality Duty Assessment
  • Fairer Scotland Duty Assessment
  • Island Communities Impact Assessment (where relevant)
  • Habitats Regulations Appraisal

Key Stage - Evidence Report

Local Development Plan

Gather and collate appropriate evidence

Seek views of key agencies, children and young people, and the public at large in the preparation of the Evidence Report.

Prepare Evidence Report

Approval of Evidence Report by full Council

Submission to Scottish Ministers

Strategic Environmental Assessment

Scoping workshop

Collect Environmental Baseline

Prepare Scoping Report

Submit Scoping Report to Consultation Authorities

Other Appraisal / Assessment

DPS sets out programme for work on assessments including:

  • Public Sector Equality Duty Assessment
  • Fairer Scotland Duty Assessment
  • Island Communities Impact Assessment (where relevant)
  • Habitats Regulations Appraisal

Key Stage - Gate Check

Local Development Plan

Scottish Ministers appoint person to assess Evidence Report

Gate Check of Evidence Report

Requests for further information and / or hearings (where appropriate)

If evidence considered sufficient, appointed person informs planning authority and Scottish Ministers

If evidence not sufficient, appointed person prepares “assessment report”.

Strategic Environmental Assessment

Scoping workshop

Collect Environmental Baseline

Prepare Scoping Report

Submit Scoping Report to Consultation Authorities

Other Appraisal / Assessment

DPS sets out programme for work on assessments including:

  • Public Sector Equality Duty Assessment
  • Fairer Scotland Duty Assessment
  • Island Communities Impact Assessment (where relevant)
  • Habitats Regulations Appraisal

Plan Preparation

Key Stage - Proposed Plan

Local Development Plan

Preparation of Proposed Plan, including Spatial Strategy

Call for Ideas

Site Assessment

Delivery Programme:

  • Consult with key agencies, Scottish Ministers and anyone named in the Programme during preparation
  • Approved by full Council before publication

Proposed Plan approved by full Council.

Publish Proposed Plan, Evidence Report and Delivery Programme together.

Consultation:

  • 12 weeks statutory minimum
  • consult with key agencies and Scottish Ministers
  • consult with Central Scotland Green Network Partnership (where appropriate)

Modification of Proposed Plan (where appropriate) and preparation of Modification Report

Strategic Environmental Assessment

Site assessment

Identification of reasonable alternatives

Assess any local policies

Prepare Environmental Report

Consultation on Environmental Report alongside Proposed Plan

Other Appraisal / Assessment

Transport Appraisal prepared and published with Proposed Plan

Required Assessments:

  • Public Sector Equality Duty Assessment
  • Fairer Scotland Duty Assessment
  • Island Communities Impact Assessment (where relevant)
  • Habitats Regulations Appraisal

Key Stage - Examination

Local Development Plan

Publish Proposed Plan and Modification Report (where appropriate)

Preparation of summary of unresolved issues (Schedule 3)

Where unresolved representations, appointment of person to examine plan

Examination of Proposed Plan

Preparation of Examination Report and Recommendations

Modification of LDP (where necessary)

Strategic Environmental Assessment

Amend Environmental Report as required following Examination

Submit amended Environmental Report to Scottish Ministers

Other Appraisal / Assessment

Transport Appraisal prepared and published with Proposed Plan

Required Assessments:

  • Public Sector Equality Duty Assessment
  • Fairer Scotland Duty Assessment
  • Island Communities Impact Assessment (where relevant)
  • Habitats Regulations Appraisal

Delivery

Key Stage - Adoption

Local Development Plan

Adoption of LDP by planning authority.

Publish LDP

Publish Report on Modifications or ‘Recommended Modifications Statement’ (where applicable)

Adopt and publish Delivery Programme within 3 months of LDP being constituted

Strategic Environmental Assessment

Prepare Post Adoption Statement

Publish Post Adoption Statement

Key Stage - Monitoring & Delivery

Local Development Plan

LDP kept under review – monitor changes in Annex B characteristics, monitor impact of policies / proposals.

Delivery Programme:

  • kept under review and updated at least every 2 years, or if the Scottish Ministers direct the authority to update it

Housing Land Audit:

  • prepared annually by each planning authority
Strategic Environmental Assessment

Monitoring


Contact

Email: LDPRegsandGuidance@gov.scot