Useful information

·       Planning & Role of community Council

·       Licensing

·       Community planning

This section provides a brief introduction to key aspects of planning, as Community Councils play a valuable role within the planning system. The planning system is a devolved matter. The Scottish planning system is overseen and operated by Scottish Ministers and planning authorities in Scotland, which are the 32s and two national park authorities. The planning system is about creating better places and taking decisions on the infrastructure that is needed and assets to be protected for the benefit of future generations. The planning system improves places through identifying the types of development that should be supported. Development is defined in the planning act as “the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land”. This could be a new building or a change to an existing building, for example change of use from a house to a shop. Community Councils are most likely to be involved in representing their community’s views in the preparation of Local Development Plans (LDPs) and commenting on planning applications. Particular attention should be given to providing an input into Local Development Plans as they form the basis of all decisions made on planning applications. Further information about the planning system is available from the Scottish Government website Planning and architecture - gov.scot (www.gov.scot)

 

Community Councils have a statutory right to be consulted on licensing under section 21 (1) b of the Licensing (Scotland) Act 2005, which places a duty on Licensing Boards to notify the Community Council of all applications they receive for premises licences. This is a new duty and a change from what was previously provided for in the Licensing (Scotland) Act 1976.

The Licensing (Scotland) Act 2005 contains provisions about notification of Board applications and objections and the link to the legislation is available here: Licensing (Scotland) Act 2005.

·       Licensing Boards are encouraged to consult widely within their respective areas and the 2005 Act ensures that:

·       Licensing Boards are required to notify the Community Council of any new premises licence application or application to substantially vary how a premises operates

·       Community Councils are able to object or offer representations to an application and request Licensing Boards hold a hearing to review a licence if it is operating out with the premises licensing conditions or the licensing objectives.

·       Local authorities employ a Licensing Standards Officer whose duties include mediating with licensed premises to try and solve problems including those raised by Community Councils

·       Licensing Boards are required to involve people resident in the locality in consultation on a Board’s Licensing Policy Statement or overprovision assessment, which could include reference to how it intends to involve Community Councils in Licensing Board matters.

The Scottish Government issued statutory guidance to Licensing Boards under Section 142 of the 2005 Act and this guidance is frequently referred to as “Section 142 guidance”. However, it is recognised that the Guidance cannot anticipate every possible scenario that may arise. Licensing Boards may therefore depart from the Guidance if they have reason to do so but must give the Scottish Ministers notice of the decision together with a statement of reasons for it. The Licensing (Scotland) Act 2005 Section 142 Guidance for Licensing Boards was updated in January 2023 and is available here: Licensing (Scotland) Act 2005 Section 142 Guidance for Licensing Boards

Why should Community Councils be interested in the Community Plan?

The Community Plan and related documents set out the shared community planning vision for Inverclyde and the actions which are being progressed to achieve this vision. Our local communities have a key role to play in this.

 

The work being taken forward across our communities, by local Community Councils and Locality Action Plans, contributes to achievement of the community planning vision for Inverclyde.

 

Importantly, as representatives of our local communities, Community Councils also have a role to play in ensuring that the voice of local people is heard and influencing the Community Planning agenda.

 

By working together, we can make a real difference in our local communities.

 

Further information:

 

To learn more about community planning in Inverclyde, or to view the Community Plan 2023/33 and related documents, visit the community planning website:

 

6008 Inverclyde Alliance Partnership Plan (2).pdf

 

Localities - Inverclyde Council

 

Community Councils in Inverclyde of the Authority can contact Inverclyde Council:

corporate.policy@inverclyde.gov.uk