As summer comes to an end and the nights are drawing in, we look to the months ahead, with proposals for new legislation being made, new approaches being taken, and more, which we hope will not result in darker days for planning …. On which, read on below!
On Holyrood
Proposed Local Government Powers and Protection Bill – Conservative MSP Miles Briggs has announced plans for a new Bill which, if passed, would prevent decisions made by local planning authorities being overturned on appeal to Scottish Ministers. It will though require cross-party support to introduce this as a Member’s Bill, and it is not clear if this will be achieved. Many will also remember that appeal rights were debated extensively during the preparation of what is now the Planning (Scotland) Act 2019, with no changes ultimately made to the appeals process in that. If introduced and passed the proposed Bill could have a significant impact given that, in 2021/22, 45% of local authority planning decisions were overturned, with that rate being as high as 60% or more for some Councils. We will then await with interest the outcome of this proposal.
Electric vehicle charging – in the interest of supporting and encouraging the growing uptake of electric vehicles (EVs), the Scottish Government has announced that they will publish secondary legislation by the end of the year requiring EV charging infrastructure to be provided as part of all new developments. And, while this will be implemented by way of changes to building regulations, rather than planning regulations, it will be important to be aware of the relevant requirements at the planning application stage to ensure that these can be met. Likewise, where the provision of such infrastructure is already currently required by some planning authorities, it will be necessary to check how those requirements compare to those to be introduced. Specifically, it is understood that the requirements for new buildings will be that:
– all new residential buildings with parking must have at least one EV charging point with a minimum 7kW rating; and
– all new non-residential buildings with more than 10 parking spaces must provide an EV charging point with a minimum 7kW rating for 1 in every 10 of these.
There will also be requirements for residential and non-residential buildings undergoing major renovation to provide charging points.
For more on this, and on the timescales for these proposed changes being implemented, watch this space.
On local government
Short term let control areas – following a theme that has been touched on in a number of previous Spotlights, including last month’s, the City of Edinburgh Council’s short term let control plan has now been approved by Scottish Ministers, and is to come into force next month. However, this may not be the end of the story, as campaigners are already saying that the proposed control zone doesn’t go far enough and, amongst other things, are calling for the number of short-term lets in Edinburgh to actively be reduced rather than just regulated. Meantime, while we are awaiting further news on The Highland Council’s proposal to designate Badenoch and Strathspey as a short term let control area, a new scheme is being piloted there in which properties can be purchased by The Council to prevent them becoming short-term lets, with 130 potential sellers reportedly having shown interest in the scheme so far, and 40 properties having been purchased by The Council to date, making this also something to keep an eye on.
On planning applications
Coul Links golf course – we have previously reported on the controversial planning application for a new golf course on Coul Links in Dornoch, which was refused by Scottish Ministers in February 2020 on the grounds that the potential socio-economic benefits did not outweigh the harmful impacts of the proposed development on protected habitats and species (for more details on which, see our February 2020 Spotlights). A proposal of application notice has though now been submitted to The Highland Council for revised plans for the golf course which the promoters say will restore and protect the Coul Links (which is covered by a number of national and international conservation designations). It is anticipated that a planning application for this will be submitted later this year, so we will look out for that.
Aberdeen living wall – whilst not currently a planning application, we were interested to hear about the struggle that Aberdeen City Council has apparently being having to identify a building for a green wall in the city centre to provide the wow factor that such walls seem to have had in cities elsewhere around the world. As well as the visual impact of green walls they also provide benefits in terms of, for example, removing air pollutants, improving biodiversity, improving thermal efficiency of buildings, and reducing stress and providing an improved sense of wellbeing. So, if anyone has a building they are prepared to offer up for this use, please let the Council know, and we’d be more than happy to assist with a planning application for that!
On other matters
Historic battlefields – Historic Environment Scotland (HES) has launched a consultation to gather views on best practice in the designation and management of historic battlefields within the Scottish planning system, following the publication of a report earlier this year about how the Inventory of Historic Battlefields is working in this context. Ultimately, while that report concluded that the Inventory and policy protections which exist around it are functioning as intended, changes could be made to improve its working, provide greater clarity, and promote greater confidence in the system, with a number of recommendations made in these regards. Responses to the consultation will then shape any actions HES take in respect of these recommendations and, as such, we would strongly encourage anyone with an interest in any historic battlefields to respond accordingly.
On us
Having both had some time off over the past month, we now also have new energy, and are looking forward to the months ahead. That energy has also been boosted by the great news this month that the economic benefits of Space Hub Sutherland are already trickling through with the announcement by Orbex (the launch service provider for the spaceport) of the creation of 50 new jobs, many of which will support the testing of rockets at their test facility in Kinloss. Having been involved in securing consent for both the spaceport and the test facility it is gratifying to see the anticipated positive outcomes coming to fruition.
On which to find out how we can help with any aspect of the planning process, please visit our website or email us at info@auroraplanning.co.uk. Or, if you would like to see our other blogs or sign up for email updates, please click here.
Thanks for reading!
Pippa and Maggie
