Scotland planning news, June 2019

SESplan’s second proposed Strategic Development Plan (SESplan 2) was rejected by the Scottish Ministers on 16 May. SESplan is the Strategic Development Planning Authority for the South East Scotland, a partnership comprising Edinburgh, East Lothian, Midlothian, Fife, Scottish Borders and West Lothian authorities.

In its letter to the Acting SESplan Manager, Scotland’s Chief Planner John McNairney highlighted the reasons for the Scottish Ministers’ rejection. Specifically, the Scottish Ministers are not satisfied that the Plan has been informed by an appropriate Transport Appraisal and therefore the Plan does not adequately consider the relationship between land use and transport planning. Furthermore, the Scottish Ministers do not support the use of supplementary guidance to address the identified issues, as this is not considered as an acceptable solution.

As highlighted in the Chief Planner’s letter, it is now for the Strategic Development Planning Authority (SDPA) to decide what the next steps of this process will be; among the available options, the SDPA could choose to prepare a new SESplan 2 adequately informed by a full Transport Appraisal.

A series of amendments to the Planning (Scotland) Bill have been published ahead of the yet-to-be scheduled Stage 3 debate.

Of most interest is the Daily List of Amendments to the Bill published on 22 May, which includes a series of amendments proposed by the Scottish Minister for Local Government, Housing and Planning Kevin Stewart.

Specifically, his proposed amendment 54 would amend the Town and Country Planning (Scotland) Act 1997 to introduce legislative provisions requiring ‘[a] planning authority, or two or more authorities acting jointly’ to prepare and adopt a ‘regional spatial strategy’. The expectation would be for the planning authority (or authorities) to review their adopted regional spatial strategy at least once in every 10 years. Interestingly it is proposed that revisions to the National Planning Framework and revisions to Local Development Plans “must have regard to” any adopted Regional Spatial Strategy.

As a consequence of the proposed introduction of regional spatial strategies, proposed amendment 55 would remove the requirement to prepare strategic developments plans, currently included in Sections 4-14 of the Town and Country Planning (Scotland) Act 1997.

Another proposed amendment of particular interest is amendment 34, which states that the current National Planning Framework would need to be reviewed ‘no later than 23 June 2024’, and thereafter ‘once in every period of 10 years’.

The Key Agencies Group has issued a joint statement raising concerns about the provisions relating to Masterplan Consent Areas, as amended at Stage 2 of the Planning (Scotland) Bill. Masterplan Consent Areas will grant planning permission for development as specified in the scheme, as well as listed building consent and conservation area consent.

The Key Agencies highlighted that the removal of the Scottish Ministers’ power to call-in Masterplan Consent Area schemes might have negative implications. Specifically, they highlighted that when an agency raises objections to a proposed scheme due to potential negative impacts on their areas of interest, which are viewed as matters of national interest, there should be scope for Scottish Ministers to consider whether call-in would be appropriate to ensure national-level scrutiny. Accordingly, the Key Agencies recommended the Scottish Government to reinstate the notification and call-in provisions for Masterplan Consent Areas.

The Key Agencies Group comprises Architecture and Design Scotland, Historic Environment Scotland, The Scottish Environment Protection Agency, Scottish Natural Heritage, and sportscotland.

The Scottish Government has published a report looking at ways to address the housing construction skills gaps.

The New Housing & Future Construction Skills Report includes 40 recommendations around various areas of work, including investments in apprenticeships, upskilling workers, and how to attract more people into the industry. Of interest to planning, Chapter 4 of the report recommends additional investments and support to encourage more people to consider planning and building standards roles, particularly given the further workload demands that might arise from the Planning (Scotland) Bill’s provisions.

On 16 May, the Environmental Assessment (EU Exit) (Scotland) (Amendment) Regulations 2019 were made by the Scottish Ministers; they will not result substantive changes to the legislation.

Part 2 of the Regulations amends the Environmental Assessment (Scotland) Act 2005 to update various references in the Act; the relevant provisions will come into force on 30 June 2019.

Part 3 of the Amendment Regulations addresses legislative deficiencies that would otherwise arise from the withdrawal of the UK from the European Union; the related provisions will come into force on exit day.