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Scotland planning news, May 2024
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The Scottish Government has released a consultation entitled Investing in planning – resourcing Scotland’s planning system. It is one of three significant planning consultation documents from the Scottish Government, all of which are still accepting responses. The other consultations, discussed in the stories that follow, are Masterplan Consent Areas: consultation on draft regulations and National Planning Framework and local development plans - proposals for amending regulations.
Investing in planning seeks views on a range of options designed to improve the capacity of the Scottish planning system. The consultation contains within it a range of policy ideas, which are developed to varying degrees. In this Lichfields Blog, we focus primarily on elements of the consultation that are at ‘proposal’ stage, rather than those where views are being sought on initial concepts that will likely be the subject of a future consultation.
The consultation closes on 31 May 2024.
Investing in planning - resourcing Scotland's planning system: consultation
The Scottish Government is consulting on Masterplan Consent Area (MCA) regulations that would bring forward a new form of planning “authorisation”, intended to place local authorities at the forefront of design and delivery of a scheme. MCAs are envisioned to function alongside Simplified Planning Zones but as a “refreshed and rebranded” version. The current consultation relates to proposed regulations on the procedures to prepare Masterplan Consent Areas (MCAs). It sets out the proposed procedures and includes two sets of regulations: those covering the main process for making MCA schemes and those relating to environmental impact assessments. This Lichfields Blog explores MCAs in more detail.
The consultation closes on 22nd May 2024.
Masterplan Consent Areas - draft regulations: consultation
A consultation has been launched covering proposals for the regulations on procedures to amend the National Planning Framework and Local Development Plans. It aims to ensure the Scottish planning system is “more responsive and streamlined, whilst balancing the need for robust justification, engagement, and scrutiny”.
It is envisioned that that the amendment process will be a simplified version of the full review process, whilst balancing the need for due process (including appropriate justification and consultation on the proposed amendment). The consultation seeks views on who should be consulted and to what extent where an amendment is sought. It also explores the circumstances under which full engagement with statutory consultees and/or elected representatives should be triggered, and the extent of proposed change that would warrant a full review rather than amendment.
The consultation closes on the 22nd May 2024. Lichfields will release a blog before this date which explores further the potential implications of these proposals.
The Scottish Government has commissioned NatureScot to develop a biodiversity metric for the Scottish planning system. The work focuses on adapting England’s statutory metric to better reflect Scotland’s different legislative, policy and environmental context. NatureScot is currently consulting on key issues initially identified in adapting the English metric, with responses due by Friday 10 May. Caitlin Newham has published a blog with further detail on what this may mean for Scotland’s Planning System.
NatureScot: A Biodiversity Metric for Scotland's Planning System - Key Issues consultation
Planning guidance intended to support the application of NPF4 policy 15, Local living and 20 minute neighbourhoods, has been published.
The Scottish Government says that the guidance “is expected to be of particular relevance to planning authorities in the preparation of Local Development Plans (LDPs) and to support decision making in planning. Planning authorities are expected to consider how the guidance can be applied in a proportionate and place-based way, and to use their judgement in deciding which components of the advice are relevant to their processes”.
Scottish Government Planning Guidance - Local living and 20-minute neighbourhoods
It is now a statutory requirement for each planning authority to have a chief planning officer, following the coming into force of section 1A The Town and Country Planning (Scotland) Act 1997. The Scottish Government has published guidance that is to be taken into consideration by local authorities when appointing a chief planning officer.
Scottish Government: Chief Planning Officers: guidance
Section 1A The Town and Country Planning (Scotland) Act 1997
Direction 2023
In related news, the Planning (Scotland) Act 2019 includes not yet in force powers to require mandatory training of elected members exercising certain functions of the planning authority. From 13 July to 26 October 2023, the Scottish Government consulted on how this could be implemented. While an official response has not been issued, the Scottish Government has published an independent analysis of the responses.
Section 45 of the Planning (Scotland) Act 2019 (not yet in force).
Scottish Government: Planning system - mandatory training for elected members: consultation analysis
The legislation necessary for several new permitted development rights (PDRs) has been laid. According to the Scottish Government:
The Order relates to the third phase of the review; the measures it provides for are intended to help support the:
- deployment of domestic and non-domestic renewables equipment.
- alteration/replacement of windows to improve the energy efficiency of buildings.
- roll-out of electricity network infrastructure.
The new PDRs are expected to come into force on 24 May 2024, provided they stand up to parliamentary scrutiny.
The draft legislation creates five new classes of permitted development and substantially amend a further six classes. Most of these can be split between domestic and non-domestic.
Classes 6HA (solar equipment on a dwelling), 6HB (solar equipment on a building within curtilage of a dwelling), and 6HC (wind turbine on a detached dwellinghouse) are all new classes all relating to the installation of renewable energy equipment.
A replacement Class 6G provides a new approach to limitations on the permitted development (PD) for free-standing domestic wind turbines relates to the height of the turbine, among other limitations and conditions. This reflects the position in the consultation that “the current requirement to locate the turbine at least 100m from the curtilage boundary may be overly restrictive, even in rural areas”. According to the Government, a simpler and more streamlined prior approval process now applies to Class 6G.
New Class 6N will allow for “the installation, alteration or replacement of free-standing solar PV or free standing solar thermal equipment within the curtilage of a non-domestic building” subject to limitations and conditions, including that the solar PV or solar thermal equipment has a maximum cumulative surface area of 12sqm.
Subject to a new prior approval route, The PDR for solar parking canopies and associated battery/equipment storage (Class 9M), has been expanded, with the intention of making maximum use of qualifying parking areas for the generation of electricity from solar canopies, with limitations designed to prevent substantial parking space loss.
Finally, several controls on “the installation, alteration or replacement of solar PV or solar thermal equipment on a non-domestic building” permitted through class 6J are due to be lifted or reduced, most notably in relation to the extent to which the equipment protrudes from the surface of the building.
Relating to both domestic and non-domestic buildings, is new PD class 7A, which allows for the alteration of windows of buildings (albeit subject to conditions, including prior approval in some cases)[1]. The installation of heat pumps is also set to be more straightforward thanks to proposed amendments to PD class 6E and 6I.
PDRs relating to electricity undertakings have changed “so that it is explicit that these PDR relate to works for 'smart meter communications' and the 'distribution' and 'interconnection' of electricity alongside its 'generation, transmission, or supply.'”
The proposal for permitted development rights for reverse vending machines to be located on roads and pavement has not been taken forward. The consultation analysis reveals that whilst there was mixed support for this proposal, organisations, including local planning authorities, most commonly opposed the proposals.
The above provides an overview of the changes to PDRs that are due to come into force on 24th May 2024, but does not set out all the limitations and conditions of those PDRs. Please refer directly to the legislation or seek advice from Lichfields to understand the PDRs in detail.
Scottish Government: Permitted Development Rights review - phase 3: consultation analysis
Scottish Government: Permitted Development Rights Review Phase 3 – Legislation Laid in ParliamentLichfields
Scotland Planning News, November 2023 article regarding the three-phase review of permitted development rights
[1] Class 7A will not be able to be combined with PD class 9A (the extension or alteration of a shop or financial or professional services establishment).
Disclaimer: This publication has been written in general terms and cannot be relied on to cover specific situations. We recommend that you obtain professional advice before acting or refraining from acting on any of the contents of this publication. Lichfields accepts no duty of care or liability for any loss occasioned to any person acting or refraining from acting as a result of any material in this publication. Lichfields is the trading name of Nathaniel Lichfield & Partners Limited. Registered in England, no.2778116