Development Planning A new approach Fiona Simpson Purpose of - - PowerPoint PPT Presentation

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 Parliament Seek representations on draft revised NPF 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

Amend draft revised NPF to reflect representations

• Further consultation (as considered appropriate)

Approval (Scottish Parliament) Adoption (Scottish Ministers)

Up to 120 days

Early engagement and development

• Explore Scotland 2050
• Evidence and analysis

Draft NPF4

• Parliamentary scrutiny
• Seek representations

Revised Draft NPF4

• Parliamentary

approval Adoption National September 2019 September 2020 2021

Process

• Prepare and adopt a RSS
• Publish a draft
• Publish a summary of information

used

• Statement inviting

representations by a specified date

• Consult / send copies to

authorities affected, key agencies, any other appropriate person

• Finalise
• Publish and submit to SM

Content Specify area Identify:

• the need for strategic

development

• outcomes to which strategic

development will contribute

• priorities for delivery of

strategic development

• proposed locations (map or

diagram)

Regional spatial strategies – new duties

Early engagement and development

• Explore Scotland 2050
• Evidence and analysis

Draft NPF4

• Parliamentary scrutiny
• Seek representations

Revised Draft NPF4

• Parliamentary

approval Adoption Collaboration (optional)

• Gather regional representatives
• Design co-production
• Undertake work to explore
• utcomes, need, priorities
• Produce indicative RSS

National Regional September 2019 September 2020 2021

Early engagement and development

• Explore Scotland 2050
• Evidence and analysis
• Drafting

Draft NPF4

• Parliamentary scrutiny
• Seek representations

Revised Draft NPF4

• Parliamentary

approval Adoption Develop full RSS (required) National Regional September 2019 September 2020 2021 Collaboration (optional)

• Gather regional representatives
• Design co-production
• Undertake work to explore
• utcomes, need, priorities
• Produce indicative RSS

National Planning Framework inc SPP Local Development Plan Regional Spatial Strategy Local Place Plans Development Plan

Local Development Plan

• Evidence Report (Gatecheck)

(subject to consultation), approve and submit to SM

• If satisfactory proceed to prepare LDP
• If unsatisfactory DPEA prepare ‘Assessment Report’

and recommendations, PA revise ER and resubmit

• Publish proposed LDP and ER, consult
• If modify proposed LDP, republish or submit for

examination with Participation Statement, Proposed Delivery Programme & modifications (Schedule 4s).

• Extra Examination options – return or revise
• Plan adopted by Council
• LDP ‘must have regard to’ RSS
• Are to ‘take into account’ NPF & reg LPPs
• ‘targets for meeting the housing needs of people

living in the part of the district to which it relates’

• No supplementary guidance

National Planning Framework

• PS & consultation
• Draft NPF (laid before Parliament) with ‘explanatory

document’

• If consultation results in change, further consultation
• Approved through Parliamentary scrutiny
• ‘must have regard to’ any adopted RSS
• ‘targets for the use of land in different areas of

Scotland for housing’

NPF ‘must have regard to’ RSS LDP ‘must have regard to’ RSS LDP to ‘take into account’ NPF Discretionary power requiring PAs to provide information LDP to ‘take into account’ LPP (& LOIP) LPP ‘must have regard to’ NPF LPP ‘must have regard to’ LDP 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)

Submit to Examination with statement of modifications and reasons Consult Assessment report Proposed evidence report Submit Gatecheck assessment Notify Revise EVIDENCE REPORT & GATECHECK PROPOSED PLAN Publish with Evidence Report Consult Full council sign off Modify

Comply with Environmental Assessment (Scotland) Act 2005 Informed by Evidence Report and early engagement

EXAMINE

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

78% 22% 0%

Age of Current 'Local' Plans

Less than 5 yrs old 5 to 10 yrs old 10 to 15 yrs old

Status of Development Plans

14% 17% 7% 12% 7% 2% 10% 31%

Current Stage of Plans in Preparation

Pre-Main Issues Report 'Pre-MIR- Main Issues Report 'MIR' Proposed Plan 'PP' Pre-Examination 'Pre-Ex' Examination 'Exam' Post-Examination (3m) 'Post-Ex' Adoption / Approval (incl NIA) 'Ad/Ap' Action Programme / Supplementary Guidance 'AP/SG'

Status of Development Plans

• 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

Transitional Arrangements – Key Elements

Transitional Arrangements – Current Thinking

• where a Planning Authority has reached the

Proposed Plan consultation stage for their emerging plan by Quarter 4 2021 they will be able to proceed to adoption/approval as per the existing provisions and procedures in the 1997 Act (introduced by the 2006 Act)

• Emerging LDP’s which have not reached the

Proposed Plan consultation stage by Quarter 4 2021 will be subject to the new process introduced by the 2019 Act and these plans should be prepared and planned for on that basis

Transitional Arrangements – SDP’s

• Approved Strategic Development Plans and any associated

Supplementary Guidance will remain in force until the publication of NPF4 (Publication = approval by Scottish Parliament)

• After Aberdeen City and Shire, we don’t expect any more SDP’s

to come forward for approval

• Expect to remove the requirement for preparation of SDP’s at

an early stage

• Work on RSS’s has begun

Transitional Arrangements – Supplementary Guidance

• Supplementary Guidance associated with a SDP will cease

to have effect upon the publication of NPF4

• Supplementary Guidance which is prepared and adopted in

association with an existing LDP (or an LDP covered under “saving” regs) will remain in force until the adoption of a new LDP under the 2019 Act

• Overall we are supporting the reduction of Supplementary

Guidance in current LDP’s

Looking Ahead – LDPs and NPF 4

• LDP’s are ‘to take into account NPF’
• Approval of NPF 4 subject to Scottish Parliament
• Implications of a significant difference between draft and

approved NPF 4

• What happens to ‘old style’ LDP’s adopted after NPF4

approved? Potential for abortive work / challenge?

• Draft NPF will be a material document
• Precedence of NPF v LDP - the Act indicates where there is

conflict, the more recent document takes precedence.

• Transitional Arrangements (para 2) refers to Authorities may

wish to consider whether there is scope for them to take account of elements of the emerging NPF. This should be recognised as a risk.

Looking Ahead – Plan Preparation Timing

• Challenges for some authorities adopting a new style plan

within 5 years of existing plan

• Concerns that for recently adopted LDPs, some may reach

five years old before the adoption of a new-style plan under the 2019 Act

• Can some steps be taken now to streamline preparations

under new system? Evidence report?

• Potential to work with LA’s/stakeholders to look at

timescales for preparation of new style plans?

Looking Ahead – Plan Preparation and Supplementary Guidance

• Supplementary Guidance will not be part of new DP system
• What will happen to the current content of supplementary

guidance under the new system?

• Need for accessible / succinct plans
• Future scope for having content of SG as guidance as non-

statutory documents that would be a material consideration.

Transitional Period

• Prepare / consult on regulations and guidance
• Lay regulations in Q4 2021
• Issue guidance 2020/21
• Work with stakeholders in interim
• How to progress current system while developing future

system

Transitional Period

• What could new style plans look like?
• Build on the previous lead practice pilot projects
• work with willing planning authorities / stakeholders in the

preparation of new style LDP’s

• How can we embed new ways of working?
• Look at level of information and format of new style LDPs

Transitional Arrangements – Other

• Preparation of RSS particularly during the transition period.
• At present there is meant to be alignment between development plans, local

housing strategies and HNDAs (SPP para 114). With LDPs moving to a 10 year timescale, and the LHS remaining 5 yearly, it is not clear how this alignment will be achieved in the future. Again this may be a matter for NPF4 and development plan guidance, but it is also, to some extent, a transitional issue.It would be really helpful if some advice could prepared on those circumstances.

• The guidance seems to be encouraging planning authorities to take forward LDPs

under the existing system as the alternative would be to wait until 2021 to start the LDP process. In the SESplan context, without any up to date strategic guidance what are the local authorities to use as a context.

• It’s difficult to see how to justify the inclusion of some elements of the new system

(for example Local Place Plans) when preparing a plan under current regulations. Adding elements that are not required by statute will be time consuming and will have a financial cost.

• How are Local Place Plans to be facilitated and considered in the transition period?

Questions for working group

TBC

THANK YOU