Planning Bill published by Scottish Government
A Bill for an Act of the Scottish Parliament to make provision about how land is developed and used has been introduced by cabinet secretary for communities, social security and equalities, Angela Constance MSP.
The eagerly awaited Planning (Scotland) Bill follows a wide-ranging consultation earlier this year on proposals which aimed to transform the planning system and builds on recommendations of an independent review carried out by a panel of experts last year.
Ministers have insisted the Bill will “improve the system of development planning, give people a greater say in the future of their places and support delivery of planned development”.
Provisions within the Bill include Simplified Planning Zones and proposals to develop an Infrastructure Levy to help support the development of infrastructure to unlock land for development. It also includes a new right for residents to produce their own development plans.
The Bill will strengthen the status of the National Planning Framework, bringing Scottish planning policy within the statutory development plan. It will also remove the requirement to produce strategic development plans and changes the process of producing a local development plan so there is “greater emphasis” on delivering developments.
It will give planning authorities more powers to take enforcement action against unauthorised development. It will also require planning authority staff to undertake training.
An infrastructure levy will be introduced in the bill that will be payable to local authorities and linked to development. This can be used to help pay for infrastructure projects that could incentivise new development.
The Bill’s aims include:
- Focusing planning, and planners, on delivering the development that communities need “rather than focus on continuous writing of plans that lack a clear route to delivery”
- Empowering people and communities to get more involved and to have a “real influence” over future development
- Strengthening the strategic role of planning in co-ordinating and supporting the delivery of infrastructure needed to support development, including “much-needed” housing
- Reducing complexity, while “improving accountability and trust” in planning processes and decision-making.
In a ministerial statement to the Scottish Parliament yesterday, local government minister Kevin Stewart described how the Bill will create a new structure for a more proactive and enabling system with clearer development plans, earlier engagement with communities, streamlined procedures and smarter resourcing.
Mr Stewart said: “Scotland’s economy needs a world-class planning system. Our planning system must take a strong and confident lead in securing the development of great places that will stand the test of time and this Bill will encourage more people to play an active role in shaping these.
“In addition to restructuring and simplifying the system to provide greater certainty for investors and communities alike it will reflect the importance of development and infrastructure to achieve our ambitions for housing, schools and regeneration – creating jobs and generating economic growth.
“Performance improvement will be formalised so applicants can rely on receiving a consistent service and local authorities will have greater powers to charge for their services. In short, this Bill will reduce bureaucracy so that planners are better equipped to lead high-quality developments that support the economy and enhance our communities.”
Scottish Alliance for People and Places
The Scottish Alliance for People and Places welcomed progress in the Bill and commended the minister’s approach to engagement, but has said the Bill could be more ambitious if it is to achieve the type of transformational culture change that the Scottish Government and the wider sector wants to see.
The Alliance is a collection of organisations working across the place-making and planning sector. Unique in Scotland, the group formed in recognition of the opportunity to build a more inclusive, respected, efficient and ambitious system of planning that puts people at the heart of their places.
The Alliance’s goal is to ensure forthcoming changes to the planning system in Scotland meet the ambitions of communities, the built environment profession and the Scottish economy by working with government, parliament and local communities to articulate a compelling argument for change and develop constructive ideas for how to realise that change.
Speaking following the publication of the Bill, chair of the Scottish Alliance of People and Places, and former First Minister of Scotland, Henry McLeish, said: “We welcome the progress that has been made in the publication of the Planning (Scotland) Bill, and we recognise the significant consultation process that has been undertaken to get us to this point. Furthermore, the serious and detailed engagement of the Minister is an exemplar of good governance and we welcome it wholly.
“However, it is our view that there space to build on the Bill’s ambition and this is will be important if we are to achieve our collective goal of a transformational culture change in the planning system.
“In some communities in Scotland, planning is viewed as an imposition - something done to us by big developers in partnership with local government. It’s about our neighbour’s extension. It’s about stopping the development we don’t like, rather than working together to plan the positive developments we want to see - local parks, schools, hospitals, and, crucially, housing. In many other communities, especially in deprived areas, some people may not even know the planning system exists, let alone how to get involved.”
“We want to see a move to a much more inclusive, holistic and innovative system of planning, where there is systematic and robust engagement with local communities and all stakeholders from the outset and throughout the entire process. This requires a transformational culture change which involves articulating a compelling and positive vision for planning, rather than simply making technical changes.
“We look forward to working the Scottish Government and Scottish Parliament over the coming months to present constructive and innovative ideas for how we think this can be achieved through the Bill.”
The professional body for town planners has called for a bold approach when considering the new planning bill for Scotland.
Stefano Smith, convenor of Royal Town Planning Institute Scotland (RTPI Scotland), said: “We said at the outset of the planning review that it was a fantastic opportunity to realise the potential of the planning system and to highlight the important role planning had in creating the types of places we want across Scotland. Any new planning act must aim to fulfil those initial aspirations of a planning system that delivers infrastructure to enable development and achieve sustainable economic growth.
“The Bill, as introduced, has the right direction of travel and will fix some of the issues faced in planning our cities, towns and villages. However, we question if it is bold enough to make the step change required for a world leading planning system.”
RTPI Scotland believes that there is still an opportunity to do this through ensuring the bill promotes:
- a new ambitious approach to engaging communities where discussion and debate takes place at the start of the process and is based on what people want their area to be rather than on what they don’t want
- a more coordinated approach to planning, development and infrastructure through making the National Planning Framework more influential, establishing new statutory Regional Planning Partnerships and taking new approaches to funding infrastructure
- a planning system that delivers development through capital funding from local authorities and other community planning partners
- a properly resourced and influential planning service that promotes good place making through establishing a statutory Chief Planning Officer in every local authority
Planning Aid for Scotland
PAS has called on the Scottish Government to be bolder and more ambitious in its Planning Bill in order to realise a more positive, collaborative planning system which carries the trust of local communities and empowers them to actively engage in the decisions about their local places.
PAS is Scotland’s leading place and built environment charity. Its work includes everything from a free planning advice and mentoring service, to tailored training and public engagement events catering for members of the public, planning professionals, local authorities, public bodies, elected members, community groups, young people, volunteers, and for those simply interested in how planning is shaping their environment.
PAS chief executive, Petra Biberbach, sat on the Independent Panel which was set up in September 2015 by Scottish Ministers to review the planning system. The Panel reported its findings in 2016.
Ms Biberbach said: “PAS wants to see a planning system that is much more positive and inclusive. This involves working with local communities, planners and other stakeholders at the very beginning of the planning process in order to encourage a more collaborative approach based on meaningful dialogue and trust.
“This Bill is a real opportunity to bring about a real and meaningful change in the way we engage people in the decisions about their places, and we think the Scottish Government needs to be bolder and more ambitious in its approach. Whilst there is a lot in the Bill around engaging communities earlier in the process that we welcome, there needs to be more detail on how this will achieved and what processes will be in place to ensure that it happens in meaningful way.
“Once we have had the time to fully consider the legislation, we will continue to work with the Scottish Government and Scottish Parliament to outline our ideas on how we think this can be achieved through the legislative process, but we do not think the Bill goes far enough in its present form. We want to see an ambitious planning system fit for a thriving Scotland.”
Hew Edgar, RICS Scotland policy manager, said the Planning Bill “needs to be more ambitious”.
He said: “While the Scottish Government’s approach should be applauded, via the establishment an independent Review of planning and sector-wide engagement, this process has lasted for more than two years. As such, RICS, like most of the sector, had hoped for a more innovative and ground-breaking set of provisions that would provide the necessary changes to cement Scotland’s planning system in the ‘world class’ category.
“There are undoubtedly positive and welcome changes within the Bill that can fix some of the more technical barriers; but overall the Bill needs to be more ambitious. Only then will it make the required changes that will enable the system to be less reactionary, and create a framework that can maximise output in the form of infrastructure, housing, and place-making.
“RICS is a member of the Scottish Alliance for People and Places, and will work the Alliance, Scottish Government and Scottish Parliament to explore constructive ideas that make the whole-sale changes that are required.”
Scottish Property Federation
Andrew Sutherland, chairman of the Scottish Property Federation and Joint MD of Miller Developments, said: “The proposals in the Bill deserve a cautious welcome from the Scottish real estate sector. Altogether they hold some promising suggestions to move from a regulatory system to a positive and active enabler of good quality development, with appropriate early engagement and focus on growing the economy to secure new investment and development. If we are to drive local economic growth, jobs and investment we must have strong public leadership and an efficient, aspirational and delivery-focused planning service.
“However, we continue to hold major reservations over the prospect of a Scottish Infrastructure Levy and further discretionary fees when we are yet to see a step change in performance.
“We look forward to seeing these concerns addressed further if the Bill is fully to realise its potential to unlock development and deliver the much-needed infrastructure for our growing population and business needs.”
Sarah Baillie, planning partner at international law firm, Addleshaw Goddard, said: ”We are pleased to see the continued commitment to improving the planning system and the introduction of Planning Bill into the Scottish Parliament today. Scotland’s economy needs a flexible, positive and effective planning system, and whilst much work has been undertaken since 2015, we expect that significant questions will be raised during the progress of the Bill. Much information is also still required on the specifics of implementation of new legal and policy mechanisms, even if the Bill does go through.
“The challenge of delivering both more, and good quality housing, and the approach to infrastructure provision is far from resolved - it can’t be left to just the planning system to resolve. Also, if there really is to be a step change from that of a regulator, to a positive and active enabler of good quality development and a shift from reacting to proactively supporting investment and development proposals, then there needs to be a significant cultural change and the Bill alone won’t provide that.
“Local planning authorities need to be adequately resourced in both financial and human terms, and, having graduated with a planning degree, it stems from the grassroots up starting with Scottish universities creating courses that attracts students to continued and adequate professional development and support for the planning profession, to ring-fencing planning application fees for the planning department.
“A Bill committee will now be formed to take evidence and make recommendations and this will provide a real opportunity to participate in the Bill’s legislative scrutiny. We would actively encourage the property industry, planners and other key stakeholders to fully engage, share their innovative ideas, views and opinions with any calls for evidence by the Scottish Parliament.”