News
Scotland planning news, November 2019
08 Nov 2019
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Headline news |
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The Planning (Scotland) Act 2019 (Commencement No. 1) Regulations 2019
The first set of Regulations commencing several provision of the Planning (Scotland) Act 2019 came into force on 8 November.
The Regulations provide for amendments to Part 1A of the Town and Country Planning (Scotland) Act 1997 in order to bring into effect the statutory framework for the preparation of the National Planning Framework.
The Regulations also provide for the insertion of section 3ZA ‘Purpose of planning’ into the Town and Country Planning (Scotland) Act 1997. This means that the purpose of planning now statutorily applies to the Scottish Ministers and planning authorities in Scotland when exercising their functions relating to preparation of the National Planning Framework and strategic development plans and local development plans:
“(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”.
(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”.
The Regulations also partially bring into force several other sections of the Planning (Scotland) Act 2019, but only for the purpose of making regulations or issuing, varying, publishing and revoking guidance.
The Planning (Scotland) Act 2019 (Commencement No. 1) Regulations 2019
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Quote of the month |
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Fracking can only happen if licences are issued and we do not intend to issue any licences which would permit that. |
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Fracking ‘incompatible’ with Scottish climate policy
The Scottish Government has deemed fracking ‘incompatible’ with its climate policy.
Energy Minister Paul Wheelhouse confirmed the decision on 3 October, stating:
“after a comprehensive evidence-gathering exercise, we have concluded that the development of onshore unconventional oil and gas is incompatible with our policies on climate change, energy transition and the decarbonisation of our economy”.
Consequently, the Scottish Government will not issue any licences for fracking in Scotland and it is essentially prohibited for the moment.
The update to the Scottish Parliament says:
“To put this position into immediate effect, the Chief Planner has today written to planning authorities across Scotland, stating our finalised policy and confirming that a new planning Direction is being issued in respect of this policy.
That action means that decisions on onshore unconventional oil and gas developments will be made having regard to planning policy and procedure, and within the framework of Scottish Government policy – a policy that does not support unconventional oil and gas development in Scotland”.
The new direction has now been issued and sets out how Scottish Minsters must be notified of any new planning application within seven days of validation. Local planning authorities are now also prohibited from granting planning permission to any new application for unconventional oil and gas development without notifying Scottish Ministers first. Furthermore, planning permission cannot be granted by the local planning authority before 28 days have expired from when Scottish Ministers have been notified.
The Town and Country Planning (Notification of Applications) (Unconventional Oil and Gas) (Scotland) Direction 2019Scottish Government, Fracking ‘incompatible’ with climate policyScottish Government, Unconventional oil and gas development: our position
Work commences on National Planning Framework 4
The Scottish Government has started work on producing its National Planning Framework 4 (NPF4).
The broader objectives of the new Planning Framework include setting out a view to 2050 in terms of spatial development and guiding national planning policy.
NPF4 is proposed to differ from NPF3 in terms of its long-term focus; providing a more holistic geographic overview as well as a greater alignment with alternative approaches to development.
To achieve this, NPF4 will subsequently incorporate Scottish Planning Policy (SPP), enabling it to form part of the statutory development plan. Furthermore, regional spatial strategies will also be taken into account with a view to enabling a more joined up approach to future planning.
NPF4 is intended to include policies seeking to “respond to the shift to inclusive growth; improve health and well-being for the people of Scotland, improve equalities and eliminate discrimination; provide a spatial planning response to the Global climate emergency; provide a renewed focus on rural development including rural repopulation; and give a stronger steer on housing delivery and diversification including the setting of targets on land for housing”.
In terms of timescales, early engagement will begin between January to March/April 2020, with a draft going before Parliament for consultation around September 2020 in tandem with public consultation. Following this, the Scottish Government aims to present the final version to parliament in 2021.
Scottish Government Planning and Architecture blog, National Planning Framework 4 – The Essentials!
Research leads to recommendations on developing planning policy
The Scottish Government has commissioned research into how planning authorities have incorporated Scottish Planning Policy (2014) policies into their development plans. This has led to several recommendations on ways of developing Scottish planning policy going forward, including:
- The National Planning Framework (NPF) should clearly set out the remit of the Local Development Plan including avoiding reiterating national policies other than in specified circumstances. The NPF might include policies frequently seen in local development plans
- The NPF should include a clear and concise set of national policies and specific criteria for the assessment of planning applications
- NPF identifying where there is flexibility to adapt policies at a local level
- The NPF should enable planning to support and deliver climate change mitigation and adaptation
- The presumption in favour of sustainable development should remain at the forefront of the plan making process and accordingly policy wording should ensure sufficient weight is given in the Development Management process.
Scottish Government, Adoption of Scottish planning policy in local development plans: research
Local energy policy statement: consultation
The Scottish Government is consulting on a draft Local Energy Position Paper which outlines the approach from the Scottish Government towards stakeholders during development of energy related projects.
Five key themes have been developed which aim to shape the way that stakeholders should look to interact with energy related projects in Scotland. These are People, Place, Networks and Infrastructure, Pathways to Commercialisation and Opportunity. Within each theme is embedded two principles which aim to provide more specific guidance relating to the theme.
The Paper is being consulted on until 4 December 2019.
Scottish Government, Local energy policy statement: consultation
The Lichfields perspective |
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The Scottish Government’s permanent ban on unconventional oil and gas development signals clear intent toward a continued shift toward renewables. What is now required is clear policy direction at a national level that continues support for renewables and also for technologies that will facilitate this transition in the interim as the renewables energy supply matures. |
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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