Development Planning A new approach Fiona Simpson
Purpose of planning 3ZA Purpose of planning (as inserted by section 1 of the 2019 Act) (1) The purpose of planning is to manage the development and use of land in the long term public interest. (2) Without limiting the generality of subsection (1), anything which — (a) contributes to sustainable development, or (b) achieves the national outcomes (within the meaning of Part 1 of the Community Empowerment (Scotland) Act 2015), is to be considered as being in the long term public interest. (3) This section applies only to the Scottish Ministers’ and planning authorities’ exercise of functions under Parts 1A and 2.
National Planning Framework • Incorporates SPP • Statutory development plan status • 10 year cycle • Can be amended (regulations) • Outcomes
National Planning Framework - legislative requirements Have regard to: • National strategy and action plan for housing • Infrastructure investment plan • National transport strategy • Strategic transport projects review • Land use strategy • Climate change adaptation programme • National strategy for air quality • Land rights and responsibilities statement • National strategy or action plan for the ownership or use of land • National marine plan + policy aim of greater ‘regional’ coverage
National Planning Framework - legislative requirements Lay draft revised NPF in Seek representations on Up to 120 days draft revised NPF Parliament Amend draft revised NPF to reflect representations • Further consultation (as considered appropriate ) Lay draft revised NPF in Parliament for approval Lay explanatory document covering: • Consultation undertaken • Summary of representations received • Changes made to the draft as a result of representations Approval (Scottish Parliament) Adoption (Scottish Ministers)
National September 2019 Early engagement and development • Explore Scotland 2050 • Evidence and analysis September 2020 Draft NPF4 • Parliamentary scrutiny • Seek representations 2021 Revised Draft NPF4 • Parliamentary approval Adoption
Regional spatial strategies – new duties Process Content Specify area • Prepare and adopt a RSS Identify: • Publish a draft • o the need for strategic Publish a summary of information used development • Statement inviting o outcomes to which strategic representations by a specified development will contribute date • o priorities for delivery of Consult / send copies to authorities affected, key agencies, strategic development any other appropriate person o proposed locations (map or • Finalise diagram) • Publish and submit to SM
National Regional September 2019 Collaboration (optional) Early engagement and development • • Explore Scotland 2050 Gather regional representatives • • Evidence and analysis Design co-production • Undertake work to explore outcomes, need, priorities September 2020 Draft NPF4 • Produce indicative RSS • Parliamentary scrutiny • Seek representations 2021 Revised Draft NPF4 • Parliamentary approval Adoption
National Regional September 2019 Collaboration (optional) Early engagement and development • • Explore Scotland 2050 Gather regional representatives • • Evidence and analysis Design co-production • Drafting • Undertake work to explore outcomes, need, priorities September 2020 Draft NPF4 • Produce indicative RSS • Parliamentary scrutiny • Seek representations Develop full RSS (required) 2021 Revised Draft NPF4 • Parliamentary approval Adoption
National Planning Framework Development Plan • PS & consultation • Draft NPF (laid before Parliament) with ‘explanatory National Planning document’ Discretionary power Framework • If consultation results in change, further consultation requiring PAs to inc SPP provide • Approved through Parliamentary scrutiny information • ‘ must have regard to ’ any adopted RSS N PF ‘ must have • ‘targets for the use of land in different areas of regard to’ RSS Scotland for housing’ Regional LDP to Spatial ‘ take Local Development Plan into Strategy • account’ Evidence Report (Gatecheck) NPF (subject to consultation), approve and submit to SM LDP ‘ must • If satisfactory proceed to prepare LDP have regard to’ RSS • If unsatisfactory DPEA prepare ‘Assessment Report’ and recommendations, PA revise ER and resubmit LPP ‘ must • have Publish proposed LDP and ER, consult Local regard to’ • If modify proposed LDP, republish or submit for NPF examination with Participation Statement, Proposed Development Delivery Programme & modifications (Schedule 4s). Plan • Extra Examination options – return or revise • LDP to ‘ take Plan adopted by Council into account’ LPP • LDP ‘ must have regard to ’ RSS (& LOIP) • Are to ‘ take into account ’ NPF & reg LPPs Local LPP ‘ must have • ‘targets for meeting the housing needs of people Place regard to’ LDP living in the part of the district to which it relates’ Plans • No supplementary guidance 10 years
Local development plans- S15 Form and content • LDP to set out a spatial strategy taking account of: • Housing targets, housing needs including students, older people, disabled people, availability of housing land • Desirability of allocating land for resettlement / rural decline • Health of the population, health needs and effects on health • Education needs and effects on education • Infrastructure: to now include water and energy (in particular renewable energy), healthcare and education • Cultural venues and facilities (including live music venues) • + disused railway lines, self-build list, public conveniences, water refill locations
Local development plans: process • Invitation to prepare local place plans (Ministers to review after 7 years) • Take into account NPF, LOIP, registered local place plans • Facilitate participation of children and young people • Evidence report • Consult on evidence report (key agencies, children and young people) • Address matters listed under 15(5) + Summary of action on adaptation of housing + Summary of action on Gypsy / Traveller accommodation + Local place plan invitation + Steps taken to engage groups & how taken into account • Must be approved by full council • Examination of evidence report • Assessment report • Procedures (regulations)
Local development plans (other) • Supplementary guidance removed • Delivery programmes • Examination powers: • Require planning authority to amend the plan after adoption • Require authority to prepare a new plan if insufficient land for housing • Ministerial discretionary powers at NIA removed • Recommended-modification statement • Modifications can be made (regulations)
Informed by EVIDENCE REPORT & PROPOSED PLAN Evidence Report GATECHECK and early engagement Full council sign off Consult Publish with Evidence Report Proposed evidence report Comply with Environmental Consult Submit Assessment (Scotland) Act 2005 Gatecheck assessment Modify Submit to Examination with Assessment report statement of modifications and reasons Revise EXAMINE Notify
Discussion • What are the priorities for further collaboration / discussion to inform regulations and guidance on local development plans? Please list key questions for further consideration by the working group / future sub groups. • No need for answers…..yet !
Development Planning Transitional Arrangements Robin Campbell
Development Planning Legislation / Guidance The Planning etc (Scotland) Act 2006 The Town and Country Planning (Development Planning) (Scotland) Regulations 2008 - the main development planning regulations. The Town and Country Planning (Grounds for declining to follow recommendations) (Scotland) Regulations 2009 The Planning etc. (Scotland) Act 2006 (Development Planning) (Saving, Transitional and Consequential Provisions) Order 2008 Circular 6/2013 – Development Planning
Status of Development Plans Age of Current 'Local' Plans 0% 22% Less than 5 yrs old 5 to 10 yrs old 10 to 15 yrs old 78%
Status of Development Plans Current Stage of Plans in Preparation 14% Pre-Main Issues Report 'Pre-MIR- 31% Main Issues Report 'MIR' Proposed Plan 'PP' 17% Pre-Examination 'Pre-Ex' Examination 'Exam' Post-Examination (3m) 'Post-Ex' 7% Adoption / Approval (incl NIA) 'Ad/Ap' 10% 12% Action Programme / Supplementary Guidance 'AP/SG' 2% 7%
Status of Development Plans
Transitional Arrangements – Key Elements Minimise disruption and abortive work for plans already in preparation Drafting of “saving” regulations What can be done now before new system comes into effect? Preparation/consultation on regulations/guidance; Consider LDP preparation and timetable for NPF 4 Consider the different stages of LDP in system
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