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Reflections from the Scottish Planning and Environmental Law conference

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The theme of this year’s conference posed a question to speakers and delegates of the conference: is the current planning climate in Scotland presenting “new opportunities, or more of the same?”

Delegates came together in the COSLA building in Edinburgh to discuss all areas of planning and environmental law in Scotland. The gathering included a range of organisations and sectors, including lawyers and solicitors, planners, engineers, academics and civil servants.

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Image by Rebecca Jackson

The morning session focused on energy, infrastructure and economic development. Ross Martin (@SCDIChief), chief executive of the Scottish Council for Development and Industry kicked the day off with a discussion of place making in Scotland. He highlighted the economic benefit of good planning, noting that when it is done well planning has a core role in economic development strategies and can facilitate growth within an area.

This was followed by a discussion from Professor Becky Lunn from the University of Strathclyde who gave delegates some interesting food for thought in her discussion of the environmental, economic and moral consequences of Scotland’s energy choices.  A day after Ineos imported its first container of US shale gas to its Grangemouth refinery, Professor Lunn told delegates, that no energy solution is problem free, but “if we (Scotland) say no to the domestic production of gas and nuclear energy we are saying yes to something else”- the demand needs to be met regardless of whether the energy is produced in the UK or not. She questioned the moral arguments that it could be acceptable to import shale from elsewhere, while we are not content enough with the level of safety, the security of regulation and its wider environmental impact to do it ourselves (something which was picked up on by Ruth Davidson later that same day in FMQ’s). Professor Lunn advocated a strong public element to discussion, and a robust and well-informed debate around long term energy choices. She also warned against “crisis led” energy policy-making dictated by rhetoric of “fear and shortage”.

housing estate

 

Head of planning at Homes for Scotland, Tammy Adams (@TammyHFS) discussed the delivery of high quality homes in Scotland within the wider planning context. She highlighted the challenges and opportunities for house building, arguing that delivering new homes in Scotland should be “a golden thread” running through the Scottish planning system, and that an effort should be made to better align market realities and site strategy, but maintain flexibility of delivery.

The penultimate session of the morning was delivered by Sara Thiam, director of the Institution of Civil Engineers Scotland. She looked at the role of infrastructure and planning. Sara discussed the potential of devolution to city regions to grow the economy by allowing city regions to plan and build infrastructure which reflects their local social and economic needs. She also spoke about the need to be strategic about infrastructure choices, not just pushing increased finance for infrastructure, but targeting it strategically, investing in green infrastructure where possible, and thinking long-term about projects and desired outcomes.

The morning was brought to a close by event sponsors Terra Firma Chambers who provided some useful insights into  up-to-date case law, including notable cases that many delegates could draw on for their day to day decision making and planning submissions.

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Image by Rebecca Jackson

The afternoon session opened with a panel session which featured insights from four speakers: Greg Lloyd, Emeritus Professor of Urban Planning at Ulster University; Craig McLaren, RTPI Director of Scotland and Ireland; John McNairney, Chief Planner at the Scottish Government; and John Hamilton, CEO Winchburgh. The discussions focussed on the new opportunities presented in planning in Scotland, including the review of planning, building homes, creating more joined up planning and the planning process more generally. Discussions were wide ranging, generating a lot of interaction both within the panel and between the panel and the delegates. The discussions were wrapped up by a second case law update.

The final presentation of the day was delivered by Steve Rogers, Head of Planning and Regulatory Services at Dumfries and Galloway Council and Chair of Heads of Planning Scotland. He spoke about his experiences with smart resourcing and the importance of leadership in planning.

Overall it was a day full of insight and expertise, which provided everyone who attended with the opportunity to think critically about the state of planning in Scotland from a number of different positions. It posed questions to be considered, allowed delegates to reflect on their day to day practice and highlighted opportunities and potential barriers for planning in Scotland in the future.

An annual subscription to SPEL Journal is £145. For further details or a sample copy, please contact Christine Eccleson, SPEL Journal’s Advertising Manager, on 0141 574 1905 or email christine.eccleson@Idoxgroup.com

SPEL Journal is read by decision makers in Scottish planning authorities, planning law practices, planning consultancies, surveyors, civil engineers, environmental managers and developers across Scotland. It is also valued by many practitioners outside of Scotland who need to keep abreast of developments.

 

The changing landscape of planning: views from the Scottish Planning and Environmental Law Conference 2015

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The Scottish Planning and Environmental Law Journal (SPEL) held its annual conference in Edinburgh on 17th September. This year’s theme was “the changing landscape of planning”.

Rebecca Jackson, 2015

Photo: Rebecca Jackson

The death of strategic planning?

The keynote speech of this year’s conference was delivered by Professor Greg Lloyd, Emeritus Professor of Urban Planning, Ulster University. He outlined a concept of ‘landscapes of planning’, taking delegates on a whistle-stop tour of what he viewed as the four landscapes of modern planning: post WWII; post 1979; post 1997; and post 2011.

This reflected a journey from post-war social democratic principles, to immature new liberalism under Thatcher, to a third way synthesis under Blairite Labour and what he described as ‘pure unadulterated Neoliberalism’ post-recession.

Professor Lloyd argued that we will soon be transitioning into a fifth landscape which may see the ‘de-coupling of capitalism and democracy’; as the state becomes smaller and more interested in pursuing private rather than public interest (he specifically referenced books by Mason, 2015 and Streck, 2014).

He emphasised the need for planners to be aware of these transitions and for the profession to attempt to remove itself from the current path dependent, money driven culture. Otherwise it would result, he argued, in “reactionary, short term planning; the death of strategic planning and the rise of the know nothing school.”

Unconventional gas … a need to build public trust

The second topic of the morning was a discussion about planning’s future relationship with energy, particularly unconventional gas. Public controversy in the UK over fracking has received considerable news coverage in the last few months. The Scottish Government also announced in January a moratorium on granting planning consents for unconventional oil and gas developments, including fracking, while further research and a public consultation are carried out.

Tom Pickering from INEOS Upstream presented on INEOS specific practices, while Sandy Telfer, DLA Piper Scotland, discussed the impact of increased regulation on the contamination of water supply at shale drilling sites in Pennsylvania.

The key thing to come out of these presentations, and the questions from the floor which followed, was the emphasis on education and making information accessible to members of the public to gain their trust on the subject of fracking and horizontal drilling.

Rebecca Jackson, 2015

Photo: Rebecca Jackson

Linking community and spatial planning …”it’s not rocket science”

Following a quick coffee break the next session was delivered by Nick Wright, Principal, Nick Wright Planning and Karl Doroszenko, development planning and regeneration manager at East Ayrshire Council. They spoke on community planning and spatial planning in Scotland and how it should, and can, work effectively to deliver better services for communities.

Nick Wright gave an update on research by the RTPI on the benefit of linking spatial and community planning. This was followed by Karl Doroszenko who spoke about the experience of East Ayrshire Council and the creation of their community planning partnership.

The presentations provided a useful insight for delegates, particularly planners, as to how they could integrate shared planning into their practices. Karl spoke at length about cooperation and the benefit this had on delivering services for the local community in East Ayrshire.

Just before lunch there was the first round up of Planning Case Law delivered by Maurice O’Carroll, Advocate at Terra Firma Chambers.

Priorities and game changers in the next parliament … “planners have an important role to play”

The afternoon session began with Stefano Smith, Vice Convenor of RTPI Scotland, looking at priorities and game changers in the next Parliament. He spoke of the need for planners to discuss and engage with the 2016 election in Scotland. It is planners themselves who need to take responsibility for promoting the importance of planners and planning in order to generate public discussion about the planning system.

He identified 7 key themes which the RTPI believe should shape how planning is approached in the next parliament. He emphasised the necessity for planning to realise its full potential and to work towards key priorities to deliver planning effectively.

Rebecca Jackson, 2015. Stefano Smith addresses the conference.

Photo: Rebecca Jackson, 2015. Stefano Smith addresses the conference.

“We need radical change, centred on land use and management”

Following Stefano Smith, three speakers considered the priority actions of land use and delivering land for new homes in Scotland. Blair Melville of Turley began by outlining the housing situation in Scotland. He commented that planners are using the economy as an excuse not to plan effectively for housing but that this should not be the way forward for planning in Scotland.

Robin Holder, MD of HolderPlanning then reflected on whether planning was helping or hindering the delivery of housing. Housing land supply has been an eternal argument for planners, which has led to a large shortfall in housing supply. He suggested a new approach where there is a move away from regional Strategic Development Plans and Main Issues Reports, which he saw as a drag on the planning process, in favour of local community-based development plans which could be consulted on instead.

Professor David Adams rounded off the discussion and put it to delegates that they should be taking a more radical approach to land use in order to reform planning. He commented that planners need to rediscover the fundamental link between use of land and planning. He looked specifically at the Land Reform Review Group and their suggestions on Compulsory Sale Orders and the creation of a new Housing Land Corporation for Scotland in the proposals being considered currently in the 2015 Land Reform Bill.

Rebecca Jackson, 2015. Speakers take questions from the floor

Rebecca Jackson, 2015. Speakers take questions from the floor

Continuous improvement in the planning system

The final session of the afternoon was given by David Leslie, Acting Head of Planning and Building Standards at Edinburgh City Council who gave his reflections on continuous improvement in the planning system in Scotland and how joint working and innovation in future projects can drive planning forward. He commented that both transformational and cultural improvement is needed to promote effective planning.

Finally there was a second roundup of planning case law delivered by Alasdair Sutherland, an advocate at Terra Firma Chambers.

What is the future of planning in Scotland?

A key message which emerged regularly throughout the day was the question of consultation: how do planners strike the balance between consulting fully with a community and creating a quick planning process which sees decisions reached quickly and clearly.

Another was the question of land in Scotland and how we can maximise its use to help achieve the outcomes set out in the national planning framework.

A third key theme was how local communities can be integrated into the planning system more – are community planning partnerships the way forward or is there another way?

And finally how do we review and evaluate planning – should central government be taking a greater role in ensuring that outcomes are met and concerns of the public are taken into account?

The day provided an opportunity for individuals involved in the planning sector to get together to share ideas and understanding about how planning in Scotland should work and the changing nature and demands of planning. The topics covered drew together a diverse range of themes, and it was good to see delegates and speakers interacting and debating. As the planning process in Scotland continues to adapt to meet new challenges in the future, it’s clear that Scottish Planning and Environmental Law Journal will remain at the forefront of commentary and insight.

Follow us on Twitter to see what developments in public and social policy are interesting our research team.

Read our other recent articles on planning:

The changing landscape of planning: Scottish Planning & Environmental Law Conference 2015

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spel conference image 2By Morwen Johnson

This year’s SPEL Conference is on Thursday 17 September in Edinburgh, and we’re finalising an insightful programme. In a fast moving economic and political environment, the last 12 months has witnessed many developments which impact on the planning system. This year’s conference will provide a space for the planning and environmental law community to discuss and debate these.

Key topics

Key issues to be explored include planning issues around unconventional gas. Public controversy in the UK over fracking has received considerable news coverage in the last few months. Just two weeks ago, the shale gas firm Cuadrilla announced it was to appeal against the decision by Lancashire County Council to refuse permission to drill and frack at two sites in the county (Little Plumpton and Roseacre Wood on the Fylde Coast). The Scottish Government also announced in January a moratorium on granting planning consents for unconventional oil and gas developments, including fracking, while further research and a public consultation are carried out. We’re bringing together representatives from the legal and business viewpoints at the conference to explore the implications.

Another hot topic is how the planning system can ensure the delivery of housing land. Neil Collar from Brodies LLP wrote in the last issue of Scottish Planning and Environmental Law Journal about how planning authorities and developers both have a role to play. From a practitioner point of view, he highlighted that local planning authorities need to address development promotion – not just identifying sites in in plans but taking a proactive approach to delivery, for example addressing issues such as multiple ownership or infrastructure requirements at an early stage. The SPEL Conference will explore this in more depth.

As usual we’ll also be reflecting on national planning policy, and the programme of planning modernisation. We’ve been running the SPEL conference for nearly 20 years and in this time it has gained a reputation for being a forum for open and critical debate about the operation of the planning system in Scotland.

Conference programme

The programme features a broad range of speakers, bringing perspectives from the private sector, local government planning, academia and central government to bear on the issues.

Confirmed key speakers include:

  • Professor David Adams, Ian Mactaggart Chair of Property and Urban Studies, University of Glasgow
  • David Leslie, Acting Head of Planning and Building Standards, The City of Edinburgh Council
  • Nick Wright, Nick Wright Planning and due to be Convenor, RTPI Scotland in 2016
  • Maurice O’Carroll, Advocate, Terra Firma Chambers
  • Alasdair Sutherland, Advocate, Terra Firma Chambers

We’re also delighted that Gordon Steele, QC, will be chairing the conference for us.

If you’re interested in planning or environmental law in Scotland then SPEL Conference 2015 is the perfect chance to hear about the latest developments and network with others.

The 2015 Scottish Planning and Environmental Law Conference is on 17 September at the COSLA Conference Centre, Edinburgh.

The full conference programme and booking form are available here.

Morwen Johnson is the Managing Editor of Scottish Planning and Environmental Law Journal.

Putting the green back into planning policy

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By Morwen Johnson

Environmental issues weren’t at the forefront of the recent general election – analysis by Loughborough University showed that the environment, despite being a significant issue of public concern, received very little attention in the press or media coverage. So it’s pleasing to see that a number of think tanks and organisations have recently been highlighting the importance of a green perspective in spatial policy.

Greening spatial policy

Professor Deborah Peel and Professor Greg Lloyd (reviewing some of these reports in the latest issue of Scottish Planning and Environmental Law Journal) suggest that the debate in the UK over housing supply is transforming the prevailing view of land assets and the green economy. Combined with European Union-led arguments for greater sensitivity in protecting and enhancing green infrastructure, it would seem that the planning profession need to urgently consider whether (and how) to defend established concepts such as green belts.

Ensuring that the planning system is robust also appears to be a critical task if you look at the challenges of implementing alternative energy solutions, when the national agenda and local public opinion seem to be at odds. The news this week that Lancashire County Council has rejected a major fracking application is just one example. This decision was despite the application having been recommended for approval by planning officials, subject to working hours, noise control and highway matters. The question of green belt development is also becoming increasingly polarised, when what we need is nuanced consideration of the social and economic consequences of changes to planning policy.

Where does rural planning fit?

The RTPI is attempting to stimulate debate. Last year’s project on Promoting Healthy Cities highlighted that the environment in which we live, work and spend our leisure time has a huge impact on our wellbeing. In the policy world however, the rural dimension and rural communities can be forgotten. The focus can easily slip into unquestioning preservation of a (fictional) idyll. This ignores fundamental rural issues such as poverty, social exclusion, access to affordable housing, accessibility of services, and the need for economic diversification. It also assumes a clear distinction between urban policy and rural policy, when in fact there are strong urban-rural interdependencies.

Concluding their article, Peel and Lloyd argue that “it’s time we engaged proactively with some of the ideas around different governance arrangements and interventions for our green infrastructure and developed a stronger appreciation of green assets for the 21st century”. As a profession, planners need to take the lead in developing a rural vision which is modern and fit for purpose. The risk if we don’t is that the green planning agenda will be driven by politics not policy.

Further reading

A green policy agenda? Greg Lloyd, Deborah Peel IN Scottish Planning and Environmental Law, No 169 June 2015, pp52-53

Improving public space debates Greg Lloyd, Deborah Peel IN Scottish Planning and Environmental Law, No 167 February 2015, p 4

The green belt: a place for Londoners. (2015) London First

Greening the machinery of government: mainstreaming environmental objectives. (2015) WWF-UK

Places to be: green spaces for active citizenship. (2015) Fabian Society

Garden villages: empowering localism to solve the housing crisis. (2015) Policy Exchange

City villages: more homes, better communities. (2015) ippr

Building Britain’s future: how the Infrastructure Act will affect local authorities

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By Steven McGinty

After several months of debate, the Infrastructure Act was given royal assent on the 12th February 2015, introducing a number of important changes. The Bill was announced in the Queen’s Speech with the intention to:

“bolster investment in infrastructure and reform planning law to improve economic competitiveness”.

On the day of its assent, Transport Secretary, Patrick McLoughlin, expanded on this, explaining that:

“This act will hugely boost Britain’s competitiveness in transport, energy provision, housing development and nationally significant infrastructure projects. Cost efficient infrastructure development is all part of the government’s long term economic plan, boosting competitiveness, jobs and growth.”

The Act has resulted in a number of policy changes.  The majority of these are relatively mundane and are unlikely to engender much public scrutiny; however, there are a few high profile and controversial changes. Below I’ve outlined some of the most important changes for local authorities, as well as communities.

Land Registry

The Act has introduced changes to Local Land Charges, transferring responsibility from individual local councils in England and Wales to the Land Registry, which will be providing a broader range of services. This was recommended in the ‘Land Registry, Wider Powers and Local Land Charges’ report, which suggested a need to standardise costs and provide a more predictable service.

This has been criticised by the Local Government Association (LGA), who have suggested that local councils are best placed to meet the needs of businesses and local residents.  They have also raised concerns about the costs involved in making technical changes to local council systems, as well as the disruption it would cause to the property market. It’s estimated that local councils have about 20 million entries on their registers of Local Land Charges, across 350 local councils.

Community Rights and energy exploration (fracking and renewable energy)

Individuals within or connected to a community have been given the rights to buy a stake in renewable electricity schemes.  This appears to have been well received, as local residents are now able to receive some of the financial benefits of local electricity production.

However, changes to hydraulic fracking have been a lot more controversial.  The Act allows energy companies the right to exploit petroleum or deep geothermal energy, without notifying the owners of the land, as long as it’s at least 300 meters below surface level. They also have the right to put any substance underground, to change the condition of the land, and to leave material behind.

Not surprisingly, campaigners, such as Simon Clydesdale from Greenpeace UK, have criticised these changes, suggesting that the new legislation is encouraging fracking and is so loosely worded that it could possibly permit the burial of nuclear waste.

Discharge of Planning Conditions

The Act makes it clear that certain types of planning conditions can be discharged if on application to the local authority, the developer has not had a decision made within the prescribed period. It also allows the Secretary of State to make a development order relating to the discharge of a planning condition in an area. This would mean that local authorities would not be able to stop these developments for lack of written approval.

Mayoral Development Orders

These orders provide greater powers to the Mayor of London to grant planning permission for development on specified sites within Greater London. It’s been seen as a useful reform to make it easier for planning permission to be granted on complex sites that cross local authority boundaries. This has been viewed as important for tackling London’s housing shortage.

Although not all of the changes are as high profile as fracking, it’s important that local authorities take time to examine the Infrastructure Act, and to make sure that they are ready to respond to the new legislative environment.

Although many of the changes in the Infrastructure Act will not come into force until a later date, local authorities need to be aware of the possible impact on planning processes and procedures.

Over two thirds of UK local authorities use Idox solutions to effectively manage the property and development lifecycle.

The Idox Information Service can give you access to a wealth of further information on planning issues. To find out more on how to become a member, contact us.

Further reading

The ‘f’ word (fracking): crucial future energy source or greatest threat to the countryside?

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© Copyright Martin Thomas and licensed for reuse under a Creative Commons Licence

By Laura Hughes

Fracking hasn’t been out of the headlines recently, particularly since the UK Government gave the green light for fracking across many parts of the country, including in national parks and other protected areas in ‘exceptional circumstances’.

Those in favour argue that fracking offers great opportunities to stabilise the country’s energy market and develop regional economies. Those against fracking claim that the environmental and health impacts are far too great, or too uncertain, to justify the process. So, what’s fracking really all about?

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