7.1 As part of the preparation for PPP schemes, NHS bodies are expected to obtain outline planning permission for the sites to be developed prior to advertising the scheme in OJEU. Where outline planning permission is not appropriate, for example, where the site involves a listed building or buildings in a conservation area and full planning consent is required instead by the planning authority, then NHS bodies should discuss the requirements of the project with the Private Finance & Capital Unit.
7.2 It should also be made clear to participants that obtaining outline planning permission before the project was advertised should not limit their scope for innovation in bids. If a bid was returned that advocated the use of a different site or required outline planning permission to be re-obtained then this, and any additional time delay, would be considered alongside any bids which were within the outline planning permission already obtained. The NHSScotland body would need to compare the costs and benefits of the different bids.
7.3 Where an NHSScotland body proposes that surplus land is to be included in a scheme, then it is recommended that outline planning permission for any sites is obtained as early on in the procurement process as possible. The value of a site may depend on the type of outline planning permission that can be obtained for it, which will affect the affordability parameters of the scheme. If a NHSScotland body is considering including land and buildings within a PPP scheme they should consult Chapter 8 of Section 3 on Land and Buildings.
Note, in all circumstances the risk of full planning risk and full planning permission is to be passed from the NHSScotland body to the preferred participant.
7.4 Judicial Review risk is not time limited in Scotland (compared with England where it is a defined 12 weeks). Participants will however often accept the 12 week period as a reasonable period for this risk. Judicial Review risk centres around challenge to the authenticity of the outline planning permission process. The starting position for NHS bodies is that the preferred participant must be required to factor this risk into its proposals and funding documentation etc.
7.5 NHS bodies should also cross refer to relevant Land and Building Guidance relevant to the NHS and to Chapter 8 of Section 3 on Technical & Commercial Issues.