New research has been published that looks at how effective Scottish planning policy has been in influencing local development planning and decision making in local development plans (LDPs), with topics covering Sustainability, Placemaking, Promoting Town Centres, Rural Development, Valuing the Historic Environment, and much more.
The Scottish Government writes:
The Scottish Planning Policy (SPP) is a statement of Scottish Government policy on how nationally important land use planning matters should be addressed across the country. The SPP currently has no statutory status.
An independent review of the Scottish planning system was undertaken in 2015-2016. One of the recommendations to come out of the review was that consideration should be given to integrating the SPP with the National Planning Framework (NPF), with both being afforded the same statutory weight as the development plan.
This change to the planning system was taken forward in the Planning (Scotland) Bill which was introduced to the Scottish Parliament in December 2017[1]. The Bill was passed on the 20th of June 2019 and officially became the Planning (Scotland) Act 2019 on the 25th of July 2019, when it received Royal Assent. The Act outlines that the status of the NPF will be elevated, from material consideration, to part of the development plan.
The Scottish Government appointed Ironside Farrar, to gather information on how planning authorities have incorporated Scottish Planning Policy (2014) policies into their development plans. The research undertaken has explored how future national policies could be developed in light of the changes brought forward by the Planning (Scotland) Act 2019 which result in NPF being elevated from material consideration to part of the development plan.
The aim of this research was to undertake a review of how the existing arrangements are currently being applied in development planning and identify the issues that will need to be considered and addressed in framing future policies. The objective of this project was to ensure that the Scottish Government has a sound overview of how effective the policies in the current SPP are in influencing local development planning and decision making.
Research Methodology: With a view to responding to the defined aim and objective of the project, Stage 1 involved desk-based data collection to gather a robust baseline of development plan policies identifying any direct correlation between SDP/LDP policy, SG and SPP. This established:
- Which SPP policies are widely applied in a consistent way.
- Which SPP policies appear to cause issues for implementation e.g. with interpretation, confusion or are being inconsistently applied.
- Where SPP policies have been changed or adapted to meet local circumstances, including possible explanations for doing so.
- Which policies not covered in the SPP appear frequently in plans.
In Stage 2, a survey was set up to gather feedback from Planning Authorities and other stakeholders with experience of dealing with the implementation of SPP policies through development plans and an understanding of how they are influencing planning decisions. The survey gathered 69 online responses, and a further 4 written submissions.
Policy Summaries
The following paragraphs summarise the findings of Stage 1 and 2 with regards to how well the range of topics covered in development plans relate to the existing policies in the current SPP, what SPP policies work well for decision making purposes, which policies are widely applied in a consistent way and which are causing issues for implementation.
Sustainability
The overall concept of Sustainability was well represented through all Local Development Plans and is widely regarded as a useful policy. Sustainability was one of the most selected answers for policies that work well for plan making purposes. Some concerns were raised about how to consistently apply the policy in Development Management as proposals may be sustainable in certain aspects but fail in others. The policy was described by some as too vague and open to interpretation yet others considered the term broad enough in its own right to merit flexible interpretation.
Placemaking
The overall concept of Placemaking was well represented through all Local Development Plans and is widely considered a useful policy. Placemaking was the most selected answer for policies that work well for plan making purposes. The policy is considered practical for Development Management purposes as it ensures that the material consideration of design is represented. Confusion arose around the wording of the policy and it was noted that it is unclear what parts of the policy are statements or guidance. It was noted that placemaking is sometimes compromised to meet housing targets, making it difficult to apply. Placemaking was the most selected answer for policies that need local flexibility as local context is important to design.
Promoting Town Centres
All Local Development Plans promoted a town centre first policy, but the requirements for retail impact assessments, town centre health checks and avoidance of clustering non-retail uses in town centres are less consistently applied. Five LDP policies were identified that varied from SPP to meet local circumstances. Promoting Town Centres was the second most selected answers for policies that work well for plan making purposes, noted as giving a clear and detailed statement of Scottish Government’s expectations. Promoting Town Centres was the most selected answers for policies that work well for Development Management purposes, the sequential approach was identified as a particularly useful tool. It was considered that the policy could go further to promote mixed use development which would allow the role of town centres to adapt to the modern retail environment. Geographical differences require the policy to clearly distinguish how it should be applied in urban and rural areas.
Promoting Rural Development
The promotion of rural development was represented in the majority of Local Development Plans, not as applicable to some authorities due to geographical make up. Policies regarding the provision of leisure accommodation, promoting special qualities of an area, discouraging the suburbanisation of the countryside and refusing development which requires new defences against coastal erosion are less consistently applied. The policy was considered to work well for plan making purposes as it provides a sensible distinction between pressured and remote areas. For Development Management purposes the wording of the policy was noted as articulate and still allows for appropriate variation when required. It was considered that the policy could be improved by providing more detail on how wild land policies should be applied, adopting a more lenient approach to protecting land of less than prime agricultural quality and a more consistent approach to rural housing. Promoting Rural Development was the most selected answer for policies that need local flexibility as each rural locality has widely different priorities.…
Valuing the Historic Environment
All Local Development Plans valued the historic environment, but the requirements for Marine Protected Areas and World Heritage sites are less consistently applied as they are not relevant for many localities. 3 policies were identified that varied from SPP to meet local circumstances. The policy works well for plan making purposes as it provides a clear list of considerations that should be covered by local policy. For Development Management purposes the policy provides a good balance between the conservation of historic buildings and locations and the need to promote economic development. The policy could provide more clarity on battlefield and archaeological sites, but the fact that key agencies like Historic Environment Scotland provide additional detailed guidance means this policy is potentially superseded. Archaeological studies are difficult to apply due to resourcing issues in smaller localities. Flexibility was not deemed as suitable for this policy to ensure historically important assets are preserved but the right balance should be sought in areas of high sensitivity.…
Recommendations and Conclusions
The following recommendations on possible priority areas for change to be considered as part of the review of SPP have emerged following the research.
- NPF should clearly set out the remit of the Local Development Plan making it clear that national policies are not required to be repeated in Local Development Plans, unless justified amendments have been made.
- NPF should include a clear and concise set of national policies to enable greater consistency in decision making across Scotland based broadly on the Principal and Subject policies included in the 2014 SPP. This will ensure consistency and support an efficient Planning Authority function. Specific criteria for the assessment of planning applications was considered useful.
- NPF should clearly identify where there is flexibility to adapt policies at a local level. This would ensure policies can be varied where appropriate to reflect the varied nature of Scottish planning authorities. Through the research examples have been identified where SPP policies have been changed or adapted to meet local circumstances.
The following two examples demonstrate the type of local variations identified:
- Angus Policy TC18 (Core Retail Areas) states that development proposals seeking to change the use of existing ground floor retail premises will be acceptable where the proposed use is a restaurant/or at least 10% of units are vacant. SPP notes that town centres should display a diverse mix of uses and wider economic and social activity during the day and in the evening. Angus Council have quantified their policy, an adaptation of SPP Subject Policy on Promoting Town Centres to meet local circumstances.
- Loch Lomond National Park Authority (Economic Development Policy 3) safeguards land for economic purposes and will only be contravened if, after twelve months of marketing, there is not viable interest in the site. SPP notes that allocations should be flexible enough to accommodate changing circumstances, but Loch Lomond National Park Authority have quantified their policy, an adaptation of SPP Subject Policy on Supporting Business and Employment to meet local circumstances…….
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- As widely advocated through the consultation process, NPF should enable planning to support and deliver climate change mitigation and adaptation, whilst recognising the role of Building Standards and other regulatory functions. NPF should take the opportunity to promote aspirations for active travel, energy efficiency, waste reduction, heat networks, reducing energy demand and other means of reducing carbon emissions and, where practicable, look to increase those associated minimum standards currently set out in relevant regulations.
- Where possible, policy principles throughout NPF should continue to be cross referenced to relevant detailed guidance, adding weight to the policy requirement…
