Planning has been in the news a lot this quarter…. In October, we had the announcement that production at the Horse Hill oil drilling site was stopping as a result of its planning consent being quashed (per the decision in R (Finch) v Surrey County Council – see our June Bulletin for more details). And this month there have been headlines about controversial planning reforms in England, which the Government claims will end development chaos, but which critics denounce as an attack on local democracy. At the same time, there are other stories that may not have featured so prominently in mainstream media but which are significant for planning in Scotland and the sectors in which we work. For which, read on…
Masterplan Consent Areas – with the Regulations for making Master Plan Consent Area (MCA) schemes having been laid in Parliament in September (as noted in our September Bulletin), the relevant legal powers went live on the 5th of December. With one commentator questioning whether this is “an early Christmas present for housebuilders and other developers”, these are intended to allow planning authorities to take a place leadership role by proactively consenting the type and quality of development they wish to see in their areas through a MCA scheme. Now it’s time to put this to the test…
Amendment of Local Development Plan Regulations – our September Bulletin also included details of Local Development Plan (LDP) Amendment Regulations that were laid in Parliament that month, and these have now also come into force as of the 5th of this month, enabling LDPs to be amended between full review cycles if/when newly emerging issues arise. Of particular interest, the Regulations include details of the information and considerations to which the planning authority is to have regard in preparing an amendment to a LDP, and the process that needs to be followed. However, whereas planning authorities are required to take into account any relevant registered Local Place Plans (LPPs) when initially preparing a LDP, there is no such requirement to do so when amending a LDP. As strong advocates of LPPs, we would have liked this requirement to have been carried forward into the amendment Regulations, and would hope that planning authorities will in any event still take account of LPPs where appropriate (albeit, at present, many authorities are behind schedule for producing up to date LDPs in the first instance, and so this may be somewhat of a moot point, depending on the extent to which LDPs are then amended in practice – one to watch).
Guidance on Effective Community Engagement in Local Development Plans – in our June 2023 Bulletin we highlighted the Scottish Government’s consultation on effective engagement in local development planning, following which the Government has now published new guidance for professionals and communities to help people be more involved in this. The guidance sets out the different levels of engagement which are appropriate for different stages of the local development plan process and the opportunities for engagement available at each of them, and provides links to other useful sources of information. It is often difficult to achieve meaningful engagement from the wider community in the preparation of local development plans and so, given the importance of those plans to the future of communities in terms of how they look and function, it is hoped that this guidance will facilitate more, and more meaningful, engagement in the process.
Investing in planning – having noted on our September Bulletin that responses to the Scottish Government’s consultation on investing in planning showed support for an annual inflationary increase to planning fees, changes implemented on the 12th of December saw fees increased by 7.9% for 2022 and 6.8% for 2023. At the same time, guidance on the new fee regime has been published in the form of Planning circular 3/2024, with this confirming that fees are intended to be increased again in the summer of 2025 to take account of inflation in 2024 and each year thereafter. For some developments, this may result in a big difference in the fee due, and so is important to be aware of!
Infrastructure levy for Scotland – in our June Bulletin, we commented on consultation being undertaken at that time by the Scottish Government on the proposed introduction of a new infrastructure levy. Having reviewed the responses to that consultation, the Scottish Government identified concerns over whether the levy would offer meaningful benefits in terms of infrastructure funding and delivery and, in November this year, stopped work on introducing this in favour of instead exploring ways to improve existing mechanisms for securing contributions (namely section 75 planning obligations). This notwithstanding, the Scottish Government has since also published a report on the responses to the consultation, providing an overview of the general comments made, and this is available here for anyone interested in a more depth insight into the reasons for which work on this was stopped (which include concerns from all sectors about the impact of the levy on viability and discouraging investment).
Planning and the housing emergency: delivery plan – although no longer a sector in which we are heavily involved, the availability of good quality, affordable housing is something which is very close to our hearts. And, as such, we welcomed the publication in November of the Scottish Government’s Planning and housing emergency: delivery plan. The plan recognises the importance of planning in enabling development and the need to unlock the potential of planning as a lever for investment. To do which, the plan sets out a number of actions focussed on four key objectives: providing a strong and consistent policy framework for investment; actively enabling and facilitating development; improving efficiency of the system; and investing in capacity with access to excellent professional skills and expertise. The Scottish Government has stated that the actions relating to these objectives will be progressed at pace over the coming six months and so we look forward to seeing what difference they will make to addressing the housing emergency.
Realising Scotland’s hydrogen potential – at the end of last month, the Sottish Government published Scotland’s first hydrogen sector export plan, outlining the targeted actions needed to secure Scotland as a key producer and exporter of renewable hydrogen by 2030. Of particular interest to us, this highlights the importance of a supportive political and regulatory environment, including clear planning and consenting guidance to support developers navigating the planning and consenting systems, and to serve as an aid for local planners and decision makers. It is stated that this guidance will be published before the end of 2024, so this will hopefully be something to add to the holiday reading list…
Community benefits consultation – this month sees the start of the Scottish Government’s consultation on ways to improve how communities receive additional benefits from renewable energy developments, such as funding, in-kind works, support for local projects or a reduction in energy bills. Over the last year, more than £30m of community benefits have been offered by renewables developers and, with it predicted that investment in clean energy sectors will reach £40b over the next decade, the aim of the consultation is to ensure that such benefits (which are currently entirely voluntary) are sustainable, meaningful and make the biggest positive impact on communities. Although community benefits sit independently of the planning and consenting regimes, this consultation will be of interest to both renewable energy developers and communities. Details of the consultation are available here, and we would encourage you to contribute your views before the closing date of 11 April 2025.
Proposals to streamline the planning system for major energy projects – jointly, the Scottish and UK Governments have been consulting on proposals to streamline the Scottish planning system for large energy projects of 50MW, with the aim of cutting delays, creating a fairer system, and unlocking Scotland’s pipeline of energy projects. This follows similar changes having been introduced in England and Wales to speed up decision making on energy infrastructure projects there, with the consultation document describing this as “the next step in joint work from the 2 governments to cement Scotland’s role in making the UK a clean energy superpower.” Further details on the proposals, which relate to pre-application requirements, appeals, public inquiries and powers to allow consents to be revoked, suspended or varied, are available here. Although decisions on energy infrastructure projects in Scotland are devolved, the UK Government is responsible for energy policy and the legislative framework (the Electricity Act 1989) is reserved for the UK Parliament, and so it is for Westminster to bring forward the necessary legislation, which it is said will be done as soon as Parliamentary time allows.
Energy policy elsewhere in the UK – another change noted as being on the horizon in our September Bulletin was a proposed amendment to the English National Planning Policy Framework (NPPF) to provide more support for onshore wind and renewables developments. Following which, an updated NPPF was published this month, the terms of which make it clear that climate adaptation and mitigation are central to planning decision making. However, whereas the consultation draft published earlier this year would have required planning authorities to “support planning applications for all forms of renewable and low carbon energy”, this wording has not been included in the version that has now been published. Rather, when determining planning applications for renewable and low carbon energy, planning authorities are required to “give significant weight to the benefits associated with renewable and low carbon energy generation and the proposal’s contribution to a net zero future” which, while welcome, does not provide the same level of equivocal support as many in the renewables sector had hoped for. It also means that there continues to be a disparity between policy support for renewable energy developments in Scotland (where these are generally supported by Policy of 11 of National Planning Framework 4) and in England, where there is no equivalent policy provision. Climate change however affects England and Scotland alike, and we are equally in need of renewable sources of energy to facilitate a transition to net zero. It can thus just be hoped that planning authorities in England recognise this, and give due support to renewable energy developments accordingly.
Royal Town Planning Institute Awards for Planning Excellence – we were delighted to hear that the redevelopment of Union Terrace Gardens (UTG), a key project in the regeneration of the city centre of our home city of Aberdeen, was awarded a commendation for Excellence in Planning for a Successful Economy in this year’s RTPI Awards. This is just the latest in a string of awards for UTG, with the judges report stating that it is “…an impressive project that has been delivered after many years of hard work and determination. Planning led with a strong policy framework and masterplan led approach. Excellent civic leadership and vision. Inclusive and collaborative.” The Gardens certainly look stunning at any time of year, and we would highly recommend a visit if you are ever in the city.
On us – as we come to the end of another year, we would once again like to thank everyone who has worked with us over this time, and wish everyone all the best over the holiday period. And here’s looking forward to what 2025 brings!!
Meantime, to find out how we can help with any renewable energy infrastructure or emerging technology related developments, or if you are a charity or community group looking for assistance, then please visit our website or email us at info@auroraplanning.co.uk. Or, if you would like to sign up for email updates, please click here.
Thanks for reading!
Pippa and Maggie