Scotland planning news, September 2018

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Scotland planning news, September 2018

03 Sept 2018
       

Contents

 
 
 
 
 
 
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Headline news

 
     

Edinburgh and South East Scotland City Deal confirmed

On 7 August, Scottish First Minister Nicola Sturgeon signed off the Edinburgh and South East City Region Deal, following on from the signing of terms for the City Deal last year.

It is intended that the Deal will bring £1.3 billion into the region, with both the Scottish and UK Government committing to invest £300 million each over the next fifteen years.  The investment is to help unlock inclusive growth across the region, creating 21,000 new jobs, helping deliver 41,000 new homes, creating new transport links, and supporting innovation and culture within the region.

Of the Scottish Government’s investment, £60 million will support a ‘Data Driven Innovation programme’ which will see the creation of five new innovation hubs. The funding will help support scientific research on space, health sciences, agri-tech, and food and drink at Heriot-Watt, Queen Margaret and Edinburgh Universities.

£10m has also been allocated for a new concert hall, which will provide a new base for the Scottish Chamber Orchestra.

Nicola Sturgeon commented:

‘Taken together these projects will help the region continue to thrive and grow, fulfilling our ambitions for the region to be one of the fairest and most inclusive areas in the country.’

Scottish Government, Edinburgh and South East City Region DealPrime Minister’s Office, PM confirms Edinburgh and South East Scotland City Deal
     

 

Quote of the month

 
     
     
     
 

Edinburgh and the South East of Scotland is an area of huge importance to the Scottish economy […] The Scottish Government’s £300 million investment in the City Region Deal will contribute towards 41,000 new homes, 21,000 jobs and improve the skills of an estimated 14,700 people across the region. Our investments will ensure businesses and communities from across the region benefit from the opportunities created by this city region deal.

First Minister Nicola Sturgeon, on signing off the Scottish Government’s investment in the Edinburgh and South East Scotland City Region Deal (7 August 2018)
 
     
     
 

Research highlights common causes for delayed housing decisions

The Scottish Government has published research examining the timescales for determining planning applications for housing.

The research has revealed that a small proportion of applications are significantly affecting average timescales, in identifying around 100 applications in the first two quarters of 2017-2018 which took over one year to conclude.

A detailed study was undertaken to understand what the primary and secondary reasons for delay were, when determining these applications. The primary reason is defined as the one which was largely responsible for the application being determined past the statutory timescales, with the secondary reason being what further protracted the determination process.

The most common primary reason was the delayed response from an applicant to a request for information; this accounted for 42% of applications in the study. The most common secondary reason for a delay was the requirement for a legal agreement; this accounted for 44% of applications in the study.

When a legal agreement was required, it delayed the application process on all occasions. This delay resulted from a number of issues, including: a lack of response from the applicant regarding signing; delays caused by the Council's legal team; negotiation of financial obligations or relating to viability; and the need for the agreement of an applicant to pay a s69 financial contribution.

The report notes that a pro-forma-based approach for standard legal agreements could provide a simple and effective way of reducing the time taken to determine applications.

Scottish Government, Reasons for delays with planning applications for housing
 

Scottish Land Commission calls for planners to be granted compulsory sales powers

A report by the Scottish Land Commission has called for local authorities in Scotland to be granted Compulsory Sales Order (CSO) powers, building on suggestions first brought forward by the Commission in 2012.

The Paper argues that the new powers would provide authorities with a mechanism to bring back sites and buildings which have been left empty or derelict for long periods of time back into productive use. It estimates that the powers could potentially rejuvenate 11,600 hectares of vacant or derelict sites, alleviating blight from local communities.

Once a site had been identified, planning authorities would be required to work with the land-owner to bring it back into use. If the local authority was unable to achieve this within a six-month time frame, they would then be able to trigger a CSO. The designation of a CSO would allow the authority to market the site, and sell to the highest bidder. After the costs associated with sales and marketing costs had been recouped, the proceeds would pass to the original owner.

The report argues that like Compulsory Purchase Orders, CSOs would need to be based on proportionality. The public interest served by returning the site to productive use would have to outweigh the costs to the individual. Authorities would be empowered to use a human rights framework to demonstrate the public interest of intervention. The process would need to be transparent, with the landowner given the right to appeal.

On issuing a CSO, the planning authority would be able to attach conditions that would require the purchaser to redevelop the site, and bring it back into use within a specified time frame.

 Professor David Adams of the Commission commented:

‘CSOs could be part of a tool kit to bring unused land – especially small parcels of land that have lain unused and unloved, in our city and town centres – back into productive use. We envisage it being used as a power of last resort; councils and landowners should be working together to try and find solutions first.’

Scottish Land Commission, New legal power proposed in Scotland to tackle blight of vacant and derelict landScottish Land Commission, Compulsory Sales Orders - a proposal from the Scottish Land Commission
 

Scottish Government report explores possibilities of monitoring planning policy outcomes

The Scottish Government has published a report examining the potential for monitoring place-based outcomes of planning policy, to better demonstrate the value added by the planning process. The research marks a shift away from focusing predominantly on procedure, instead drawing on the effectiveness of outcomes - a move that was put forward in the 2015 review of the Scottish planning system.

The report notes that whilst there is strong support for focusing more intensely on the outcomes of policy, at present there are no ready-made models that the Government can adopt.

The report identifies a potential new model, based on a performance management logic chain which would:

‘(i) capture planning inputs, activities and outputs, (ii) enable the outcomes of planning to be monitored, and (iii) capture through post hoc evaluation the direct impacts (better places) and the indirect impacts on the wider policy agenda.’

Strong support is given for using the Place Standard tool that has been developed to assess the quality of place, based on 14 different parameters covering both the physical and social elements of a place.

The report concludes that whilst there is growing momentum for a change in the way planning is appraised, local authorities are already under-resourced, and there will be additional costs associated with adopting new practice. New systems will be needed to be implemented, alongside new ways of working, as well as a wider change in the culture of planners.

Scottish Government, Monitoring the outcomes of planning, A research studyScottish Government, Review of the Scottish planning systemScottish Government (and others) Place Standard
     

 

The Lichfields perspective

 
     
     
     
 

The signing of the Edinburgh and South East Scotland City Deal marks an exciting step for the growth of the region. The devolution of funding and decision-making provides a real opportunity to work on the area’s strengths, placing science, technology and culture at the forefront of a programme of inclusive growth.

Tom Davies, Planning Researcher
 
     
     

 

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