The 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.
Recent issues of SPEL have included responses and comment on the draft NPF4 as well as articles focusing on other key policy and practice areas:
The failure of planning guidance to reflect the impact of noise on wildlife
National development planning for Scotland’s rural areas
The draft NPF4, energy and the move to net zero
The Scottish Government’s onshore wind policy review
Access to justice in environmental litigation, and non-compliance in Scotland’s civil justice system with the Aarhus Convention
Key court cases examined recently in the journal include:
R v The Environment Agency – Pollution harmful to a vulnerable child
Greenpeace Ltd v The Advocate General – Unsuccessful challenge to oil field exploitation consent
North Lowther Energy Initative Ltd v The Scottish Ministers – Wind farm approval challenge
Cosmopolitan Hotels Ltd v Renfrewshire Council – Procedures for challenges to the validity of proposed local development plans
Trees for Life v NatureScot – Quashing of beaver culling licences
A journal of record
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.
A widely read and valued resource
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 £170. For further details or a sample copy, please contact Heather Cameron on 03330111542 or email heather.cameron@Idoxgroup.com.
Last week, we reported on a series of webinars organised by Partners in Planning, a partnership of key organisations and sectors to support Scotland’s planners in delivering successful places.
This week, we’re looking at a further webinar in this series, which focused on the creation of low carbon places.
Planning for carbon conscious places
Steve Malone and Heather Claridge from Architecture & Design Scotland (A&DS) opened the webinar by describing how A&DS have been exploring how the challenge of climate change can act as a driver towards the creation of low carbon places.
A&DS has been supporting the Scottish Government in implementing its climate change plan at a local level. This recognises that the planning system plays a key role in tackling climate change, and helping Scotland achieve its carbon emission targets.
Over the course of a year, A&DS worked with four local authorities to develop and deliver plans that prioritised climate action. As a result, a number of key principles of a carbon conscious place were identified.
A place-led approach
A place of small distances
A place designed for and with local people
A place with whole and circular systems
A place that supports sharing (of assets and services)
These principles are closely connected with ideas identified in earlier work by A&DS which explored how placemaking can tackle the challenges of an ageing population.
A&DS further developed this work to imagine the changes that might need to happen to support more carbon and caring conscious places by 2050. Earlier this year, its report Designing for a Changing Climate shared the learning from the year-long exploration into a whole place approach to the net-zero carbon challenge.
The report provided examples of each of the principles in action, and considered what Scotland would look like in 2050 if these principles were adopted for urban neighbourhoods, city centres, towns and rural areas.
Among the ideas highlighted were:
rooftops repurposed as usable areas with green space and room for urban growing
accessible zero emission public transport connecting city centres
local food growing and agroforestry helping support food self-sufficiency and security
natural flood defence schemes
peatland and woodland restoration to help a rural area absorb carbon and balance emissions
A&DS is now working with local authorities to apply these principles in real places. For example, in Clackmannanshire, the principles are being used to guide development of a mixed use housing site in Alva.
Planning as a circular economy enabler
Later in the webinar, Angela Burke and Ailie Callan from the Scottish Environment Protection Agency (SEPA) considered how the design of places that are conducive to the circular economy can help to tackle climate change.
Since the industrial revolution, the world’s economies have used a linear “take-make-consume-dispose” pattern of growth, a model which assumes that resources are abundant, available and cheaply disposable.
In contrast, a circular economy changes that mindset by designing-out waste and pollution, keeping products and materials in use and regenerating natural systems. These principles not only apply to resources such as consumer goods and product packaging, but also to land, water, buildings, infrastructure and energy.
Angela and Ailie went on to describe how planning can be an enabler of the circular economy. In Scotland, the planning system is set to change, with the publication of a new National Planning Framework (NPF4), which sets out where development and infrastructure is needed to support sustainable and inclusive growth.
NPF4 will address a number of high level outcomes, such as meeting the housing and wellbeing needs of the people of Scotland and meeting targets for reducing greenhouse gas emissions. Integrating circular economy principles early in the planning process will help to deliver a number of these outcomes, and NPF4 policy will provide the framework to ensure that these principles are integrated into new developments.
Ailie provided some examples of how circular economy principles can be embedded into planning:
Brownfield sites can be redeveloped instead of developing new sites and generating higher carbon emissions.
Distribution nodes on key transport corridors can enable electric vehicles to carry out last stage of delivery, minimising emissions and reducing traffic.
Developing re-use hubs at these distribution nodes can drive down waste.
Mobility hubs can ensure that everyone is well connected, not just for public transport, but also cycle paths, routes for mobility vehicles and charging points for electric vehicles.
Planning for shops and services locally (perhaps sharing the same premises) will reduce the need to travel outside the local area.
Angela and Ailie concluded with an invitation to anyone interested in partnering with SEPA on developing the circular economy in Scotland.
20 minute neighbourhoods
In the final section of the webinar, the Scottish Government’s Chief Architect, Ian Gilzean looked at 20 minute neighbourhoods. This is not a new concept, but has gained added significance due to the COVID-19 pandemic.
20 minute neighbourhoods are all about living more locally by ensuring people have most of their daily needs met within a 20 minute walk from home. This in turn improves quality of life and reduces carbon emissions.
20 minute neighbourhoods bring together a range of characteristics, including transport, housing, schools, recreation, shopping and local employment. Recent limitations on travel due to the coronavirus have given many of us a lived experience of 20 minute neighbourhoods. But they have also brought into sharp focus the barriers preventing people from accessing work, shops and services close to where they live.
Ian went on to describe the implementation of the 20 minute neighbourhoods concept in Melbourne, Australia. Since 2017 Plan Melbourne has embraced this concept, feeding into the ambition of Melbourne to become a more liveable, connected, sustainable city. While some parts of Melbourne, such as the inner suburb of Fitzroy, already enjoy the facilities that make up a 20 minute neighbourhood, some of the outlying suburbs do not, and Plan Melbourne has been aiming to tackle some of the problems that prevent these places from delivering on the concept.
20 minute neighbourhoods appear to be an idea whose time has come. The pandemic has triggered a rise in remote working, and especially working from home. At the same time, cities have seen significant rises in cycling numbers. The economic impact of COVID-19 is still playing out, but it’s already clear that the recovery of small businesses and local services will be a priority, along with the need to reimagine urban centres.
Ian explained that these factors have all fed into the Scottish Government’s Programme for Government, which has a strong focus on localism. This in turn has generated commitments and policies on town centre and community regeneration, local working hubs and active travel infrastructure, all underpinned by the new National Planning Framework.
Ian concluded with an example of a project in the Wester Hailes district of Edinburgh, where the city council has been developing a local place plan. The plan is making the most of existing assets, such as local canal and rail connections, as well as identifying new opportunities, such as cycle routes, food growing and green spaces.
This webinar, along with others in the series, provided plenty of useful information about how Scotland is trying address climate change through the planning system, while also taking account of local communities’ needs.
Much more remains to be done if Scotland is to meet its net-zero ambitions, but it’s clear from the initiatives highlighted in these webinars that communities in partnership with local and national government and other stakeholders are working hard to create carbon conscious places.