Planning Bill changing shape

The Planning Bill sets out proposed high-level changes to the overall framework under which planning operates. The bill is currently being considered in committee at stage 2 and has generated a significant number of far-reaching amendments. This article focuses on those amendments, approved or yet to be considered, which will or may form the amended bill for consideration at stage 3.

Purpose of planning

This was not expressed in the bill. The Scottish Government considered it was difficult to define this, and as there was no consensus it was better left to policy to define. Kevin Stewart, Minister for Planning, has come forward with an amendment defining that the purpose is to manage the development and use of land in the longer-term public interest having regard to contributing to sustainable development and national outcomes within the meaning of the Community Empowerment (Scotland) Act 2015. While that has been accepted, the committee has also approved two further amendments, one to meet certain UN resolutions and the other to require that development and use of land is in the best long-term public interest. If enacted, these requirements will be criteria against which all planning decisions must be made and could form the basis for challenge if they are not.

National Planning Framework

These provisions of the bill were subject to numerous amendments around the topics of form and content, consultation, information to assist, parliamentary scrutiny, and reporting. The committee approved amendments to include housing targets including those for older and disabled people; improve increases in population of rural areas; have regard to any infrastructure investment plan; address climate change more fully; and to provide additional scrutiny by way of a public consultation period of 120 days and increased parliamentary scrutiny of 120 days (rather than the 90 days set out in the bill).

Development plans

Most controversially, the committee has approved an amendment to delete s 2 of the bill, the effect of which is to reinstate the requirement for strategic development plans (SDPs). Their abolition was one of the key changes in the bill and a core recommendation of the independent commission set up to review the planning system. Under the amendments, SDPs will be supported by an evidence report rather than a main issue report.

A local development plan must include a statement regarding likely health effects and a target for the provision of housing for older people and disabled people, including action to support the use of accessible design. An amendment has been approved for policies on the provision of public conveniences. A local development plan must also have regard to the desirability of preserving disused railway infrastructure for future transport.

Other matters

Under amendments already approved, planning authorities will have to prepare and publish an open space strategy, including proposals as to the maintenance and use of green infrastructure. Scottish minsters will be required to report on the housing needs of older people and disabled people on a two-yearly cycle.

Important amendments yet to be considered by the committee include the participation of children and younger people in the local development plan process and a requirement for adequate play provision. There are moves to delete s 4 of the bill, which removes supplementary guidance; to introduce schemes for land value capture by compulsory purchase of land and for the compulsory purchase of housing land; and to introduce an “agent of change” principle to protect cultural venues from new development that might threaten their viability; to strengthen the green belt and give higher priority to flood risk; and to amend appeal rights and in effect confer a third party right of appeal. The last of these would involve a right of appeal to any person, and a community right of appeal, where the development is not in accordance with the development plan; but no right of appeal on land not allocated in a development plan. The Scottish Government’s position on this issue is to oppose these fundamental changes to the appeal system on the basis that stronger community engagement which the bill will deliver at an earlier stage is more constructive than adversarial third party appeals.

The minister has also proposed a 10-year “sunset” clause for the proposed infrastructure levy if regulations are not made to bring it into effect.

The full Parliament will then consider the bill at stage 3. Further amendments can be made and sections of the bill may be referred back to stage 2 for further consideration.