Highlights of the SPEL conference 2017

This year’s Scottish Planning and Environmental Law conference, held in Edinburgh’s COSLA building, focused on Anticipating and preparing for change and covered a range of topics from the impact of Brexit on planning and environmental law in Scotland to how planning and planners can help tackle the growing housing crisis. Delegates were given the opportunity to reflect on the challenges for planning and environmental law in Scotland as well as the great opportunities the next few years may present to the profession.

Bringing the planning profession together

The conference provided an opportunity for professionals from across the planning and law professions to come together to discuss some of the key challenges to their profession going forward. While Brexit was high on the list of discussion topics, the possibilities for reform, and the opportunities for practitioners to learn and share their experiences and knowledge with one another, for what is now the 26th year of SPEL, continued to be at the heart of the conference discussions.

Is planning fit for purpose?

Chaired by Stuart Gale QC, from event sponsors Terra Firma Chambers, the conference was opened by Greg Lloyd who addressed the issue of the “distinctiveness” of the Scottish planning system, asking the question, “Is planning fit for purpose?” In the context of Brexit and with the benefit of years of planning knowledge, Greg discussed the performance of planning and how its modernisation is equipping planners to deal with challenges in the future.

The Rt. Hon Brian Wilson, former UK energy minister, spoke next on the challenges energy targets are posing not only for environmental lawyers and practitioners but also for planners. He discussed how the drive to achieve energy targets both in renewable and traditional energy generation needs to be tackled as much by planners as environmentalists and politicians. He also highlighted the need to meet the growing demand for energy by helping to reduce energy use and tackle wider socioeconomic issues relating to energy in Scotland.

Brexit – the impact on planning

The morning session was brought to a close firstly by Laura Tainsh from Davidson Chalmers who spoke about the intricacies, expectations, challenges and potential opportunities for environmental law and practitioners in Scotland following the UK’s decision to leave the EU. She highlighted the importance of ensuring that the essential elements of environmental law are retained within any future UK or Scottish legislation and that a system is created which provides an opportunity for robust scrutiny and maintenance of standards, specifically in relation to the consistency of application. She also discussed some of the ways in which existing principles and policies can be future proofed. Following on from Laura, Robert Sutherland gave an overview of recent developments in community right to buy in Scotland.

The morning session also included a case law roundup which reviewed and discussed recent significant cases including: RSPB vs Scottish Ministers (2017); Douglas vs Perth and Kinross Council (2017); and Wildland ltd vs Scottish Ministers (2017).

Delivering new housing

The afternoon opened with a panel session, where speakers tackled the million-dollar question of whether planning reform will assist in the delivery of new homes to help tackle the growing housing crisis. Speakers from Renfrewshire council, the University of Glasgow, house builder Taylor Wimpey, and Rettie & Co. discussed a range of topics from barriers to the delivery of homes and infrastructure, to the setting of national housebuilding targets, as well as the challenge of building the right sort of housing, in the right place at the right cost, and the role of local authorities in meeting housing need.

The afternoon session included a second case law roundup which saw review and discussion of recent significant cases including: Taylor Wimpey vs Scottish Ministers (2016); Angus Estates (Carnoustie) LLP vs Angus Kinross Council (2017); and Hopkins Homes Ltd. vs Scottish Ministers (2017).

The role of planning in driving inclusive growth

The conference was closed by self-professed “economic agitator” Ross Martin, who discussed the role of planning more widely within Scotland’s economy and its role as an agent for driving inclusive growth. He stressed the need for planners and other related professionals to look at the “bigger picture” when it comes to planning, using the system as the engine for growth and development, rather than as a barrier, and challenged those in the room to think creatively about how planning can play a role in strategic, but inclusive growth in Scotland going forward.

Some of the key points of discussion to come out of the conference were:

  • Planners, and planning lawyers need to recognise the importance of the wider social and economic context on their decision making, even if that decision only relates to one single building
  • Brexit is providing a lot of uncertainty and raising a lot of questions about the future of planning and environmental law in Scotland and the UK as a whole, but it may provide an opportunity for practitioners to take the lead and shape the system in a way that better suits current needs
  • There is scope and appetite, following the UK’s decision to leave the EU, to create a specialist planning and environmental law court to help scrutinise decisions and fill the void left by the EU in terms of accountability and implementation of environmental law, practice and strategy going forward

SPEL Journal is a bi- monthly journal published by the Idox Information Service. The journal is unique in covering all aspects of planning and environmental law in Scotland. Each issue contains articles on new legislation, significant court cases, expert comment on key planning appeals, government circulars and guidance, ombudsman cases and book reviews. SPEL deals with matters of practical concern to practitioners both in the public and private sector. Please contact Christine Eccleson at christine.eccleson@idoxgroup.com if you are interested in learning more about the journal or our subscription rates.

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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.

 

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

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

February issue of SPEL Journal (Scottish Planning & Environmental Law)

spel feb 2015The Knowledge Exchange publishes a bi-monthly journal covering all aspects of planning and environmental law in Scotland. SPEL Journal (Scottish Planning & Environmental Law) launched over 30 years ago and is one of the leading information sources on land use planning and environmental legislation across the country.

The latest edition of SPEL includes articles focusing on:

Key court cases examined in the February edition include:

  • Secretary of State for Communities and Local Government v Venn – Aarhus and Protective Costs Orders
  • The John Muir Trust v The Scottish Ministers  – Protective Expenses Order
  • South Lanarkshire Council v Coface SA  – Liability for restoration payment
  • Hallam Land Management Ltd v The Scottish Ministers  – Housing supply and education infrastructure

SPEL was launched in 1980 as ‘Scottish Planning Law & Practice’, to be a journal of record of Scottish planning. When it became apparent that the emerging field of environmental law was strongly linked to land use planning, the name of our journal changed to reflect this.

Written by a wide range of subject experts, SPEL Journal includes accessible commentary on topical subjects and current issues; details of new legislation and significant court cases; expert comment on key planning appeal decisions, government circulars and guidance; as well as notes about ombudsman cases and book reviews.

SPEL Journal is read by decision makers in Scottish planning authorities, planning law practices, planning consultancies, architects, 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.

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.

October issue of SPEL Journal (Scottish Planning & Environmental Law)

SPEL 165The Knowledge Exchange publishes a bi-monthly journal covering all aspects of planning and environmental law in Scotland. SPEL Journal (Scottish Planning & Environmental Law) launched over 30 years ago and is one of the leading information sources on land use planning and environmental legislation across the country.

The latest edition of SPEL includes articles focusing on:

Key court cases examined in the October edition include:

It also looks at proposed planning controls for payday lending and betting offices; and features a KnowHow article on amenity notices.

SPEL was launched in 1980 as ‘Scottish Planning Law & Practice’, to be a journal of record of Scottish planning. When it became apparent that the emerging field of environmental law was strongly linked to land use planning, the name of our journal changed to reflect this.

Written by a wide range of subject experts, SPEL Journal includes accessible commentary on topical subjects and current issues; details of new legislation and significant court cases; expert comment on key planning appeal decisions, government circulars and guidance; as well as notes about ombudsman cases and book reviews.

SPEL Journal is read by decision makers in Scottish planning authorities, planning law practices, planning consultancies, architects, 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.

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.

The World Cup 2014 is great for many things but public health isn’t one of them

football and beer sign

Used under a Creative Commons license from Flickr (source)

by Steven McGinty

This month, the world’s attention has been unequivocally focused on Brazil, with the start of the 2014 World Cup. For many, the arrival of the #WorldCup has been four years in the waiting. However, for some, the potential negative consequences of the World Cup are of great concern.

Two of the main organisations to make their viewpoints known are Alcohol Concern and the BMJ. They both highlight that the increased consumption of alcohol will be damaging to public health, with increases both in alcohol related violence and emergency admissions. The medical evidence on irresponsible drinking seems clear enough, but the question is, what can be done to prevent this? Continue reading

The Public Bodies (Joint Working) Scotland Act 2014 – should it have gone further?

Health Cubes_iStock_000022075266Largeby Steven McGinty

Last month, on April 1st, the Public Bodies (Joint Working) Scotland Act 2014 was given its royal assent. According to Alex Neil, Cabinet Secretary for Health and Wellbeing, this new addition to the statute book signifies a ‘landmark’ change for the provision of healthcare in Scotland. The Act will be introduced in stages, with the full integration of health and social care expected by April 2016. The principal aim is to provide better patient outcomes through the integration of health and social care services. There has been broad support for the new legislation, but some say the Act has not gone far enough. Continue reading