East Dunbartonshire Development Plan Scheme

A Development plan Scheme (DPS) sets out how the next Local Development Plan (LDP) will be prepared and reviewed. It includes:

• an explanation of what a Local Development Plan is;
• a timetable for preparing the next local development plan; and
• a participation statement, providing details on how to get involved.

The DPS therefore acts as an important communications tool. It is key to supporting deliverable and people-focussed plans by letting stakeholders know when and how they can get involved in the plan and keep informed of progress. Development Plans are also supported by a Delivery Programme, which outlines how and when the policies and proposals of the plan are to be delivered. The Delivery Programme is an important part of the framework for how the council monitors the performance of the LDP.

The Council will publish a development plan scheme at least annually.

The purpose of planning is to manage the development and use of land in the long term public interest. It does this by setting out how our places will change into the future, including where development should and shouldn’t happen.  In planning terms, ‘development’ can mean a number of things including the construction of new buildings, changes to the use and appearance of existing buildings, and other changes in the way land is used. Development Plans establish where all future development, including new homes and workplaces, should be located. They also set out how key services and facilities will be provided, such as active travel networks, education and retail provision. Development Plans also play a key role in supporting the transition to net zero carbon emissions and protecting and enhancing the places that we value most.

LDP2 was adopted in November 2022. It sets out a spatial strategy for East Dunbartonshire including detailed policies and specific proposals for the development and use of land throughout East Dunbartonshire. The Plan provides a basis for decisions on planning applications, and future proposals must align with the strategy.

National Planning Framework 4 (NPF4) was approved by the Scottish Parliament in January 2023 and came into force on 13 February 2023. It is a long-term framework which sets out an approach to planning and development that will help to achieve a net zero carbon, sustainable Scotland by 2045.  Under the Planning (Scotland) Act 2019, NPF4 forms part of the Development Plan and will be used to inform decisions on planning applications.

A series of guidance documents support the Local Development Plan 2. These explain, in detail, how the LDP2 policies are to be implemented and are used in the determination of planning applications. They are comprised of statutory ‘Supplementary Guidance’ documents and non-statutory ‘Planning Guidance’ documents. At present there are 18 guidance notes in total, which can be viewed on the  Council website -   www.eastdunbarton.gov.uk/planning-guidance .

Following the publication of National Planning Framework 4 on 13 February 2023, the Clydeplan Strategic Development Plan 2017 ceased to have effect from that date and no longer forms part of the development plan. Under the Planning (Scotland) Act 2019, SDPs are to be replaced by Regional Spatial Strategies. The Council is continuing to support the Clydeplan regional planning authority in preparing a future Regional Spatial Strategy, alongside the other constituent authorities within the Glasgow City Region:  East Renfrewshire, Glasgow, Inverclyde, North Lanarkshire, Renfrewshire, South Lanarkshire and West Dunbartonshire (further details below).

The Planning (Scotland) Act 2019 (the Act) was passed by the Scottish Parliament in June 2019. It sets out the future structure of the planning system in Scotland. New regulations and guidance on local development planning to accompany the Act were introduced by the Scottish Government in 2023 and will inform the preparation of the next East Dunbartonshire Local Development Plan (LDP3).

Under the Planning (Scotland) Act 2019, LDP3 will consider the ambitions and outcomes for an area, looking 20 years ahead. It will be developed through collaboration and based on robust evidence so that they are focused on delivery. The Plan will be place-based, with the inclusion of a clear Spatial Strategy reflected in a collection of maps, site briefs and masterplans where possible. There will be an emphasis on the Place Principle and stronger links with the Local Outcomes Improvement Plan (LOIP). Finally, LDP3 will be relevant and accessible to the people with an interest in the area.

The Planning (Scotland) Act 2019 introduced the opportunity for community groups to prepare a Local Place Plan (LPP) for their area. The aim of this is to empower communities and strengthen links between citizens, communities and the planning system. LPPs are a way for communities to highlight issues, ideas and aspirations for their areas. Examples of matters that can be addressed in Local Place Plans include:

• sites which support climate change adaptation, such as renewable energy or flood mitigation;
• local initiatives for the promotion of active travel and community food growing;
• sites for housing, including for affordable housing, new or retained local employment or new tourism/community facilities;
• retaining, improving, and expanding quality open space and green/blue infrastructure and play facilities;
• conservation of the natural/built environment;
• improvements in the town/neighbourhood centre;
• support for a national development, as featured in the National Planning Framework; and
• protection of valuable local assets.

 Planning Circular 1/2022: ‘Local Place Plans ’ was published 21 January 2022 and provides guidance to planning authorities and communities on the procedures for preparing and registering Local Place Plans. The Scottish Government has also  produced a ‘How to Guide’  which provides further practical information for those interested in preparing Local Place Plans.

Once complete, LPPs can be submitted to the Local Authority for ‘registering’ and, provided that they meet the minimum legislative requirements, will be a material planning consideration. Proposals and projects within any LPP submitted to the Council before an advanced stage in the plan preparation process can be considered for inclusion within LDP3.

Under the terms of the Planning (Scotland) Act 2019 the requirement for Strategic Development Plans (SDPs) in the four largest city regions has been removed and, in its place, there will be a requirement for all authorities, working together as they see fit, to prepare a Regional Spatial Strategy (RSS) setting out strategic development priorities for their region. Although they will not form part of the statutory development plan, Scottish Ministers and planning authorities must have regard to any RSS in preparing, revising or amending any NPF or LDP respectively.

A range of other plans and strategies will influence the LDP3, informing the overall spatial strategy and specific policies. The diagram below indicates some of these key plans and strategies:

Under the new planning regulations, planning authorities are required to prepare the following strategies and assessments alongside their LDPs.

The Planning (Scotland) Act 2019 requires planning authorities to prepare and publish an Open Space Strategy. The Open Space Strategy sets out a strategic framework of the planning authority’s policies and proposals relating to the development, maintenance and use of green infrastructure, including open spaces and green networks. An open space strategy must contain an audit of existing open space provision and an assessment of current and future requirements.

The Planning (Scotland) Act 2019 brings in a requirement for planning authorities to prepare a forestry and woodland strategy. These will identify woodlands of high nature conservation value and set out the authority’s policies and proposals as to:

• the development of forestry and woodlands;
• the protection and enhancement of woodlands;
• the resilience to climate change of woodlands;
• the expansion of a range of types of woodlands to provide multiple benefits to the physical, cultural, economic, social and environmental characteristics of the area; and
• any other matter which they consider appropriate.

The Act sets out procedural details around consultation of the strategy and publication requirements.

The Planning (Scotland) Act 2019 requires planning authorities to assess the sufficiency of children’s play opportunities in their area. The Play Sufficiency Assessments (PSA) will inform the evidence gathering phase of the LDP2 preparation by identifying sites for sports, play and outdoor recreation for people of all ages. The Open Space Strategy will aid in conducting the play sufficiency assessment.

The Environmental Assessment (Scotland) Act 2005 makes Strategic Environmental Assessment (SEA) a legal requirement for many public plans, programmes and strategies, including the Development Plan. The policies and proposals contained within the new Local Development Plan 3 will be assessed for their potential impacts on the environment using the SEA process.

The purpose of SEA is to provide a high level of protection for the environment by ensuring that environmental issues are considered by decision makers alongside social and economic issues.  It does this by systematically assessing the potential significant effects of the plan, and recording the results in an Environmental Report.  It also makes sure that the decision making process, in relation to the environment, is open and transparent by providing opportunities (through a period of consultation) for the community and other stakeholders to get involved at an early stage.

In preparing a LDP, planning authorities are required to undertake a HRA in accordance with The Conservation (Natural Habitats, &c.) Regulations 1994. The purpose of this is to establish whether the plan is capable of having an adverse effect on a European site(s), either alone or in combination with other plans or projects. When considering the effects of the plan, it is important not to be limited to the planning authority boundary, and to consider whether there is an obvious pathway for effects to impact sites within the vicinity.

An Equality Impact Assessment (EIA) is a structured way of analysing the functions and policies of Council Services to establish how they affect different groups in the community. This can help us to identify any negative impacts any of our services might have on a particular group or sector of the community. We can then take action to help minimise or eliminate any negative impacts.

Carrying out an EIA involves an assessment of the likely (or actual) effects of policies on people in respect of ‘protected characteristics’. Protected characteristics are defined within the Equality Act 2010 as: age; disability; gender reassignment; marriage & civil partnership; pregnancy & maternity; race; religion & belief; sex & sexual orientation. As part of the preparation of the Local Development Plan 3, the Council will assess the potential impact on each of each of these groups.

The Fairer Scotland Duty, set out in Part 1 of the Equality Act 2010, places a legal responsibility on particular public bodies in Scotland, including councils, to actively consider how they can reduce inequalities of outcome caused by socioeconomic disadvantage when making strategic decisions. The aim of the duty is to help make better policy decisions and deliver fairer outcomes.

The Equality Act 2010 (section 149) places a duty (known as the Public Sector Equality Duty (PSED)) on public authorities to:

• eliminate discrimination, harassment and victimisation;
• advance equality of opportunity; and
• foster good relations between persons who share a protected characteristic (age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; sexual orientation) and those who do not.

The indicative timetable diagram below is based on the Town and Country Planning (Development Planning) (Scotland) Regulations 2023 and Local Development Plan Guidance. This provides an overview of the plan making process over the coming years, including the key requirements within each stage and an anticipated completion timeframe. The Scottish Government expects all planning authorities to adopt a ‘new style’ LDP within five years of the adoption of National Planning Framework 4.

New Development Planning Regulations and LDP Guidance

The above timetable is based on best estimates at this early stage of the LDP3 process, it is expected that this timetable will change. As we are now embarking on a new style of Local Development Plan under the Planning (Scotland) Act 2019 and as set out in the new Development Planning Regulations, the length of time it will take to undertake and complete each stage is uncertain, meaning that key milestones are subject to change. It is widely accepted that the new LDP regulations, and specifically the new requirements being placed on planning authorities, will take a period of time to bed-in. The DPS will be updated annually and this provides an opportunity to review and refine the timetable as required.

It should also be noted that many other planning authorities will be progressing their own LDPs within the same time period, following a similar timetable. This carries with it the risk that multiple Evidence Reports from across Scotland will be submitted to Scottish Ministers at the same time, which may cause a ‘bottleneck’ situation in terms of their scrutiny and approval, before we are able to progress to the next stage. Similarly, it is likely that multiple LDPs will reach the examination stage at roughly the same time, meaning that there could be resourcing issues with the undertaking of examinations by the Planning and Environmental Appeals Directorate (DPEA). The Council understands that this issue is currently being monitored by the Scottish Government and Heads of Planning Scotland (HoPS) in terms of implications for planning authorities. It is expected that future versions of the DPS will be better placed to factor in any consequences from this situation in the timetable.

The Planning (Scotland) Act 2019 includes a requirement for planning authorities to invite local communities to carry out a Local Place Plan. As indicated in the timetable above, the Council has now launched the invite for communities to prepare a Local Place Plan. The level of interest and uptake within East Dunbartonshire’s communities is still unclear and this may have implications on the overall LDP3 timetable. A web page has been devised for supporting Local Place Plans. See also the Local Place Plans section in the Draft Participation Statement below.

The Council will ensure that appropriate and proportionate steps are taken to engage with communities and the public at large during the preparation of the LDP. We will take into account the views of those who may be directly, or indirectly, impacted by proposals, providing opportunities for a diverse range of people to express their views. Our aim is for as many people and groups as possible to have the opportunity to engage in the process of preparing Local Development Plan 3. You may want to do this on your own or as part of a local organisation, such as a community council, residents association, local business or voluntary group. Key agencies, landowners and developers will also feed into the process. Everyone is entitled to comment and this applies as much to people who support the plan as to those who want to make objections. We will notify the public, interested parties and all other stakeholders at key stages throughout the LDP process, beginning with an early engagement exercise, and prior to the carrying out of any substantial work on the plan.

The Participation Statement sets out in detail the ways in which the Council will engage with key stakeholders at all stages of preparing LDP3. New planning regulations require planning authorities to consult the public on the proposed engagement methods before embarking on preparing the plan.  This allows interested stakeholders to have a say in how they can be most effectively consulted so that authorities can tailor their approach to improve the effectiveness of the engagement.

During the evidence gathering stage of the LDP process, a proportionate and flexible approach will be adopted by the Council in terms of consulting with key stakeholders. This will include an early engagement phase that will provide an opportunity for the public at large to be involved in shaping the evidence base for LDP3.  There will also be targeted engagement related to particular topics/areas of evidence, where required. This can include targeted workshops, one-to-one meetings and individual sessions with specific target groups, such as community representatives, key agencies, disability groups, Gypsy/Travellers and young people to seek their views on where they live.

The following sections provide further detail on the approach to engagement at each stage of the LDP3 process.

There are 4 key phases where stakeholders can help shape the LDP:  

To ensure that a wide range of stakeholders get involved in the plan-making process it is important that the Council uses multiple different methods of communication. Whilst the regulations set out minimum requirements for groups that should be contacted the Council seeks to go beyond this. The diagram below sets out a draft list of communication methods that the planning authority will use to make stakeholders aware of the opportunities to engage at the various stages of preparing LDP3.

As the plan-making process matures and the nature of engagement changes some communication methods may need to change or will be less appropriate. The figure below sets out at the various stages at which each communication method will be used.

To ensure that as many people as possible have the opportunity to engage in preparing LDP3 the Council will undertake various engagement activities and sessions. These sessions will provide an opportunity for stakeholders to speak to officers to gain an understanding of the plan–making process, make comments and propose ideas.  The diagram below sets out a draft list of engagement activities that the Council will use to facilitate engagement on LDP3. Further detail on each of the activities is also provided.

The table below sets out the stages at which the engagement methods will be used.

Whilst the engagement sessions will provide an opportunity to feed into the LDP process (particularly at the earlier stages), stakeholders will be able to provide comments and representations at any point during each consultation period via online resources and in writing. This is particularly important at the Proposed Plan stage where the Reporter working on the behalf of Scottish Ministers is required only to consider written representations. The diagram below sets out a draft list of engagement materials and the stages at which these will be used.

Recent changes to the planning system have introduced a provision for communities to prepare Local Place Plans for their areas. Local Place Plans area opportunity for communities to highlight issues, ideas and aspirations in their areas. Local Place Plans are not intended to replace existing opportunities to participate in the planning system, but are to provide additional input.

Local Place Plans can identify areas of potential change, opportunities for enhancements and suggest areas of vacant or derelict land for new or alternative uses. Conversely, they can recommend land and buildings that should be protected as important local assets. Local Place Plans can also set out circumstances where the community group wishes to amend provisions within the Local Development Plan.

Local Place Plans can be prepared by community councils or any other constituted community group (this includes groups formed specifically for the purpose of preparing a Local Place Plan). Once complete, LPP’s can be submitted to the Local Authority for ‘registering’ and - provided that they meet the minimum legislative requirements - will be a material planning consideration. Proposals and projects within any LPP submitted to the Council before an advanced stage in the plan preparation process can be considered for inclusion within LDP3.  As set out in the Development Plan Scheme timetable, the Council anticipates that work on preparing the Proposed LDP3 will commence in autumn 2025. This is considered an appropriate point at which we would expect finalised LPPs to be submitted, if they are to be taken into account during drafting of the Proposed LDP3. The Local Development Plan Guidance states that LPP’s should be submitted to the Council before the Evidence Report is submitted for Gatecheck. The Council considers that this is not necessary provided that a community has registered their interest in preparing a LPP by the Gatecheck stage.

Whilst the planning authority will not be responsible for preparing and delivering LPP's, potential support for groups preparing LPP’s could include:

• Help gaining an understanding of what NPF4, LDP3 and any relevant Locality Plans are trying to achieve.
• Assistance with structuring the LPP
• Assistance with preparing spatial and GIS data
• Signposting to potential funding mechanisms.
• Signposting to online help and other information sources (such as PAS/ Our Place).
• Suggestions for engagement methods for them to use whilst consulting others on their plans.
• Helping communities to understand what they can do themselves.

The Council has a dedicated webpage containing information and resources to help support communities prepare Local Place Plans which can be accessed by visiting  www.eastdunbarton.gov.uk/LPP .

Early engagement with stakeholders in the preparation of the plan, for example through Place Standard exercises or plans prepared by the community, may highlight locally contentious issues or sites that are the subject of competing interests. Where such issues of dispute arise during the preparation process, the Scottish Government advocates for mediation to be used to overcome these issues. Whilst this is not a process that the Council has used before, where possible the Council will look to resolve differences and build support for proposals through mediation initiatives. Mediation is defined in terms of section 268A(7) of the 1997 Act and ‘includes any means of exploring, resolving or reducing disagreement between persons involving an impartial person that the Scottish Ministers consider appropriate’. It is one of a range of techniques sometimes labelled as ‘alternative dispute resolution (ADR)’ which can include facilitation, conciliation and arbitration as well as mediation. Although a voluntary process, mediation can be used to help to build bridges between stakeholders and resolve issues of dispute. The Council will also consider any requests for mediation and the impact on the LDP3 timetable (if any) will be reflected in the next annual update to the Development Plan Scheme.

The Council would welcome comments on this Development Plan Scheme, to help us improve our approach to preparing the Local Development Plan 3. This includes comments on methods of public participation. Contact details for sending comments or finding out more about the local development plan process are as follows:

Email:  development.plan@eastdunbarton.gov.uk 

Phone: 0300 123 4510

Post: Land Planning Policy, 12 Strathkelvin Place, Kirkintilloch, East Dunbartonshire G66 1XH

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