Scotland planning news, November 2018

 

On 29 October, Chancellor of the Exchequer Philip Hammond delivered the Autumn Budget 2018 highlighting the economic priorities for the UK.

The spending decisions taken by the UK Government, and the application of the ‘Barnett consequentials’ (a formula that aims to give the devolved administrations the same pounds-per-person change in funding as a change in England), mean that the Scottish Government’s budget will be increased by over £950m through to 2020-21.

The UK Government has also announced a £150m commitment to allow a Tay Cities Deal to be agreed. Furthermore, formal negotiations will begin between the UK and Scottish Government on a possible Moray Growth Deal, while ‘good progress’ is being made towards Growth Deals for Ayrshire and the Borderlands, collaborating with both the Scottish Government and local partners in England (for the Borderlands).

The Scottish Finance Secretary, Derek Mackay, however commented:

‘According to this budget, the Scottish Government’s resource block grant from the UK Government – the money we are able to invest in day to day public services - remains almost £2 billion lower next year compared with 2010-11. This budget falls a long way short of delivering for Scotland.’

The Scottish Local Government and Communities Committee is continuing its consideration of the Planning (Scotland) Bill at Stage 2.

On 24 October, the Committee scrutinised the Bill for the 4^th Day of Stage 2 consideration. During that session, amendment 12 (on simplified development zones: land value capture) and amendment 45 (on the meaning of ‘development’) were agreed to by division (both with 4 members in favour, and 3 against).

Amendment 12, in the name of Graham Simpson, provides a ‘tool to enable local authorities to build new communities as well as extensions to, or significant developments within, existing settlements’. Specifically, the amendment will provide that, where a planning authority establishes a masterplan consent area, it may include provision for compulsory purchase; the amendment sets the basics of how purchase prices should be fixed.

Amendment 45, in the name of Andy Wightman, tweaks the meaning of ‘development’ to specify that ‘the use of a dwellinghouse for the purpose of providing short-term holiday lets involves a material change in the use of the building’. As explained by Andy Wightman:

‘Amendment 45 seeks to provide a clearer and simpler definition of what constitutes a change of use from a domestic dwelling to a short-term let. […] Currently, short-term lets are not included in the Town and Country Planning (Use Classes) (Scotland) Order 1997. Class 7 covers hotels and hostels but does not include short-term lets.’

In moving his amendment, Andy Wightman explained that a ‘straightforward definition’ of what constitutes a change of use from a dwellinghouse to a short-term let was needed in planning law, and that amendment 45 would provide for that.

The Scottish Government has published a series of guidance notes aimed at planning and environmental appeals reporters appointed by Scottish ministers and in charge of deciding most of the appeals received.

The nineteen guidance notes provide reporters with procedural and practical information about how to deal with various aspects of the planning system, and with the appeal procedure. Guidance on the time limits on planning permissions, development plan examinations, and planning obligations’ appeals is included in the published notes.

The Scottish Government has announced new investment in ultra-low emission vehicles (ULEVs).

A £700,000 fund will allow housing associations to submit applications for funding to support the development of car clubs comprised of electric vehicles, so that tenants and local residents can hire vehicles when needed. The intention is for the fund to allow more households to consider the scheme as an alternative option to owning an electric vehicle. It is intended too that it will also help address concerns around access to off-street charging infrastructure.