News
Scotland planning news, April 2021
09 Apr 2021
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Chief Planner provides update on COVID-19 measures and planning reforms
John McNairney, Scotland’s Chief Planner, has provided an update on how the planning system is continuing to function through the pandemic, while setting out the Scottish Government’s progress on its scheduled planning reforms.
The letter highlights how the two Scottish Coronavirus Acts have been crucial in facilitating the continuation of the planning service in Scotland while ensuring public safety and supporting the nation’s economy. It confirms that these Acts have been extended until 30 September 2021, though it also states that this the final six month period by which these can be extended.
These extensions allows for the continuation of the following provisions, which extend the duration of planning permissions, listed building consents and conservation area consents (covered in more detail here), enable the publication of planning documents online rather than at physical locations, and have allowed committee meetings to happen without public attendance.
The letter also explains the need to continue to evaluate the relaxation of planning controls in light of the pandemic, with authorities encouraged not to take enforcement action in circumstances where relaxation of planning has supported businesses and services adapt during the pandemic and would continue to do so. It is stressed that the temporary relaxations will be removed at the appropriate time.
Regarding the National Planning Framework 4 (NPF4), the Chief Planner writes that the Government will publish soon a consultation analysis of the 250 responses received from the consultation on the NPF4 position statement. Furthermore, the digital transformation of planning is outlined with £35m of funding outlined for the next five years for the transformative programme, aimed at embedding digitalisation across the planning system.
Scottish Government, Chief Planner letter: stakeholder update - March 2021
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Throughout, we have sought to ensure our planning system was able to adapt to the circumstances, to continue to operate and to play its part in the national effort both in living and working through the pandemic and in supporting recovery. We will continue to consider and implement appropriate temporary measures for planning and also consider carefully when it is right for those measures to be removed. |
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Consultation launched on Local Place Plan Regulations
The Scottish Government has published a consultation seeking views on current proposals regarding forthcoming regulations to be introduced, that will set out the details for the content, preparation, submission and registration of Local Place Plans (LPP).
Primary legislation for Local Place Plans was introduced in 2019 through the Planning (Scotland) Act 2019. Local Place Plans are intended to provide a framework for local communities so that they can lay out their own ambitions for the future development of their areas, providing scope for LPPs to form part of the Local Development Plan once fully introduced.
LPPs will be prepared by a community body, which is defined as either:
“(a) a community-controlled body within the definition given in section 19 of the Community Empowerment (Scotland) Act 2015; or
(b) a community council established in accordance with Part 4 of the Local Government (Scotland) Act 1973.”
In formulating the regulations, the Scottish Government has stated that it aims to introduce legislation which is “light-touch” so as to allow for flexibility to better meet local circumstances, while balancing this against the need for a framework which is suitably robust to properly enable the development and consideration of LPPs.
The consultation seeks views on what other prescribed matters LPP should take into account for (beyond LDPs and the NPF which are already required under the Act), such as Locality Plans and Local Outcomes Improvement Plans.
In terms of the Form and Content of LPPs, it is proposed that the Regulations require a statement setting out the community’s proposals for the future development and land-use of the area. This it says should be clear and visual, using graphics, photographs, and must provide a map of the area covered by the LPP.
It also proposes minimum statutory requirements in relation to the level of consultation Community Bodies should take prior to the submission of a draft LPP, and particularly the extent to which Bodies should consult across the community and also whether ward councillors should be involved.
It is proposed that Regulations will improve community engagement, reduce conflict and improve trust levels in the planning process by the wider public.
A separate literature review and research report into LPP was also published this month, highlighting further opportunities for LPPs to build on a number of other government objectives, including:
- delivering national strategic policy objectives at the local level;
- supporting wider planning reforms and the implementation of the Planning (Scotland) Act 2019;
- deliver on the community empowerment agenda;
- build trust and relationships between communities and local government; and
- provide intelligence from local communities to inform future public services.
The Consultation closes on 25 June 2021.
Local place plans - proposals for regulations: consultationScottish Government, Local place plans: literature review and final report
Target set for 100,000 new affordable homes
The Scottish Government has published its new Housing strategy, ‘Housing to 2040’. The document has set a target of building 100,00 affordable homes in the next ten years, 70% of which will be available for social rent.
The Strategy also sets out its aim for all new homes in Scotland built by councils and housing associations to be zero carbon by 2026. A single set of standards will also be established that outline the requirements for housing quality and accessibility in all homes. It is proposed that by the end of 2023, a new requirement for a Local Heat and Energy Efficiency Strategy (LHEES) will be introduced across all local authority areas. LHEES Delivery Plans will provide a basis for action for authorities, developers and other stakeholders, to identify areas for targeted intervention and early measures.
The Scottish Government argues the Housing Strategy will be pivotal in Scotland’s economic recovery from the Coronavirus pandemic, estimating it will support around 14,000 jobs each year and facilitate a £16 billion investment package.
Scottish Government. Housing to 2040
The Scottish Government has produced a report which supports the upcoming National Planning Framework 4 and Section 3F of the Town and Country Planning (Scotland) Act 1997. The report focuses on the reduction of emissions via the use of zero and low carbon emitting technologies in new buildings. The research also focuses on the ways in which planners can conclude that enough reductions in emissions have taken place.
Section 3F of the Town and Country Planning (Scotland) Act 1997, as amended through Section 72 of the Climate Change (Scotland) Act 2009 states that:
‘A planning authority, in any local development plan prepared by them, must include policies requiring all developments in the local development plan area to be designed so as to ensure that all new buildings avoid a specified and rising proportion of the projected greenhouse gas emissions from their use, calculated on the basis of the approved design and plans for the specific development, through the installation and operation of low and zero carbon generating technologies’.
The Scottish Government has outlined that in preparation for the National Planning Framework 4, they will highlight the particular impact of zero and low carbon emitting technologies as well as how the legislative requirements will be met.
Scottish Government, Planning policy - Section 3F: research
Small increase in delivery of new build homes
The Scottish Government has released annual statistics relating to the housing sector. The supply of new build homes has seen an increase of 3% for 2019/20, despite activity levels being affected by the pandemic in March 2020. Overall, 21,910 new build homes were completed in the period.
In terms of sales, the Housing Market Review highlights that Q4 of 2020 saw transactions increase by 27.4% despite an overall drop in sales that year of 17.3%. The boost in housing sales in Q4 was experienced across Scotland with biggest increases being seen in Aberdeen City/ Shire and Moray. The increase in sales at the end of 2020 has continued into 2021 with the figures for the first two months of the year 17.7% higher than the average for the same period between 2016-19.
The Review has also revealed a large decrease in mortgage lending with the reduction in loan to value mortgages decreasing 90% on the pre pandemic level in 2019. However, new mortgages for first time buyers in Scotland increased by 43.2% in Q4 2020 with mortgages for home movers increasing by 26.7%. Across the whole year, the impact of the pandemic is notable as overall new mortgages for first time buyers decreased by 12.3%.
Scottish Housing Market Review 2021
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