How empowering the community can help us create better places to live

Places can be defined in a lot of different ways: the geographic location, the physical buildings, the people who live there and the relationships that are formed. Central to places should be the people who live and interact there. Putting people, and communities at the heart of placemaking can benefit the physical infrastructure of a place, by identifying what is needed. And allowing residents a say in their local area can also give communities a sense of empowerment and ownership of their place, somewhere they can be proud to call home and somewhere they feel safe, included and valued.

Can places empower people?

In short… YES! Positive places have the power to lift the community up, give them a sense of empowerment, worth and inspiration. But places also have the power to alienate and dis-empower.

Places which are run down, with no or low levels of community engagement can contribute to communities becoming disparate, isolated and can reinforce negative stereotypes, particularly those which relate to poverty, deprivation and social exclusion. Making places that are thriving hubs for communities to be built upon can have a significant impact on the experiences and quality of life for communities living within them. Work being done by organisations like SURF show how important effective regeneration projects can be in revitalising places and the people who live there.

A recent RTPI blog post emphasised the importance of place on helping to reduce the impact of poverty and break some of the more significant socioeconomic barriers marginalised groups within communities can face. It emphasises the importance of place-based urban policy and how core policy features like the planning of a space or the design of a building can actually have a significant impact on the people who interact with that space.

A national standard for community empowerment

As important as the physical space are the people who live and work within it.

In the policy context of the Community Empowerment (Scotland) Act 2015, What Works Scotland, along with others drafted a set of ‘fit for purpose’ national standards for community empowerment, to build on those published in 2005. It was hoped that the new standards would provide clarity and focus on ways to help strengthen and improve participation and engagement at a local level. There are seven standards: Inclusion; Support; Planning; Working Together; Methods; Communication; and Impact.

Identifying and making the most of community assets

Asset based development was originally created as a description of how local residents grow collective efficacy and what they use to do so. It involves paying attention to what is in a local place – not what we think should be there, or what is not there. These ‘assets’ are found within a community and can be physical, such as infrastructure, but can also be the skills and knowledge of local people.

The key concept centres on the fact that everyone has something positive that they can contribute to a community. It follows that, if everyone does or is given the opportunity to contribute positively to their community, then there will be less requirement for spending on services from local government. It can also mean greater accountability at a community level for making changes that actually impact positively and directly on the lives and experiences of people who live and work there. Taking time to identify these assets and feeding this into how places are created can be a key part of ensuring communities feel empowered and valued.

Community anchors are an important tool

Community anchors have been identified as vital in many instances to ensure the continued development and capacity building of communities within a place. Their roles can extend across the community from building capacity and resilience, to supporting local democracy and helping to drive social change within a community. Community anchors play an important role in empowering communities and getting them involved in the design and delivery of services in their area.

A report published by What Works Scotland in 2018 examines the developing roles of community anchors within communities. The report explores the developing discussions between the community sector, public services and policymakers and considers how they might work more closely together to deliver bespoke and localised community driven policies.

Summing up

Empowering communities to feel valued and engaged is a key part of developing places that are inclusive and enjoyable places for people to live. Promoting communities as key agents of change within the areas in which they live not only improves the community, but can also help on an individual level, fostering a sense of pride and value. Creating better places is a key strand to regeneration and planning policy. Putting communities at the heart of creating places will ensure that places not only meet the needs of local people but are inherently connected to them.


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Reeling in the year: a look back at 2018

It’s been another busy year for The Knowledge Exchange Blog. We’ve covered a variety of subjects, from housing and the environment to education and planning. So as the year draws to a close, now’s a good time to reflect on some of the subjects we’ve been blogging about during 2018.

Bibliotheraphy, walkability and family learning

We started the year with health and wellbeing in mind. Our first blog post of 2018 highlighted the increasing application of “bibliotherapy”:

“The Reading Agency’s Books on Prescription scheme has been running nationally in England since 2013 and since it started has been expanded to cover Books on Prescription for common mental health conditions, Books on Prescription for dementia, Reading Well for young people and Reading Well for long term conditions. 635,000 people are estimated to have benefited from the schemes.”

In February, we blogged about family learning, where parents engage in learning activities with their children. This can involve organised programmes such as Booksmart, but activities such as reading to children or singing with them can also be described as family learning:

Research from the National Literacy Trust, suggests that “parental involvement in their child’s reading has been found to be the most important determinant of language and emergent literacy”.

In recent years, growing numbers of cities and towns have introduced “shared spaces”, where pedestrians, cyclists and drivers share the same, deregulated space. As we reported in March, the practice has proved divisive, with supporters claiming that shared spaces can improve the urban environment, revitalise town centres, and reduce congestion, while opponents believe that shared space schemes – particularly the removal of kerbs and crossings – are dangerous and exclusionary for vulnerable groups of pedestrians, people with disabilities and those with reduced mobility.

In April, we took the opportunity to promote the Idox Information Service, highlighting a selection of the hundreds of items added to our database since the beginning of 2018. All members of the Idox Information Service have access to the Idox database, which contains thousands of reports and journal articles on public and social policy.

Voters, apprentices and city trees

Local elections in May prompted us to blog about the voting rights of those with age related degenerative mental conditions such as dementia and Alzheimer’s.

“Many people with dementia still hold strong political feelings, and know their own opinion when it comes to voting for political parties or in a referendum. However, the process of voting can often present them with specific challenges. It is up to local authority teams and their election partners to make the process as transparent and easy for people with dementia and Alzheimer’s as possible. Specific challenges include not spoiling the ballot, and the ability to write/ see the ballot paper and process the information quickly enough.”

A year after the launch of the government’s Apprenticeship Levy in June, we highlighted a report from the Reform think tank which suggested that significant reforms were needed to improve England’s apprenticeship system. Among the recommended changes were a renewed focus on quality over quantity, removal of the 10% employer co-investment requirement and making Ofqual the sole quality assurance body for maintaining apprenticeship standards.

The shortage of affordable housing continues to exercise the minds of policy makers, and in July we blogged about its impact on the private rented sector:

“In many cases people view the private rented sector as being a stop gap for those not able to get social housing, and not able to afford a deposit for a mortgage. Although in many instances they may be right, the demographic of those renting privately now is changing, and becoming more and more varied year on year, with many young professionals and families with children now renting privately.”

The long, hot summer of 2018 was one to remember, but its effect on air quality in urban areas underlined the need to combat the pollution in our air. In August, we blogged about an innovation that could help to clear the air:

“Designed by a German startup, a City Tree is a “living wall” of irrigated mosses with the pollution-absorbing power of almost 300 trees. A rainwater-collection unit is built into the City Tree, as well as a nutrient tank and irrigation system, allowing the assembly to water itself.”

Planning, polarisation and liveable cities

September saw another highly successful Scottish Planning and Environmental Law conference. It opened with a thought-provoking presentation by Greg Lloyd, professor Emeritus at Ulster University, and visiting professor at Wageningen University in the Netherlands, who challenged delegates to consider what might happen if the current planning system were to be abolished altogether, to clear the way for a new and more fit-for-purpose planning system.

In October, we focused on the ever-increasing job polarisation affecting the labour market:

In the EU, data shows that between 2002-2014 medium skilled routine jobs declined by 8.9%, whilst high skilled roles rose by 5.4%, and low skilled jobs grew marginally (0.1%). As a consequence, wage inequalities have grown.”

More than half the world’s population now lives in urban areas, presenting significant challenges to local authorities who have to try and make their cities work for everyone. In November, we reported from The Liveable City conference in Edinburgh, which showcased ideas from the UK and Denmark on how to make cities more attractive for residents and visitors:

“A great example of the reinvention of a post-industrial area came from Ian Manson, Chief Executive of Clyde Gateway, Scotland’s biggest and most ambitious regeneration programme. When it comes to recovering from the demise of old industries, the East End of Glasgow has seen many false dawns. As Ian explained, when Clyde Gateway was launched ten years ago, the local community were sceptical about the programme’s ambitions. But they were also ready to engage with the project. A decade on, the area has undergone significant physical generation, but more importantly this has taken place in partnership with the local people.”

Although much has been made of the government’s claim that austerity is coming to an end, many local authorities are still struggling to provide services within tight financial constraints. One of our final blogs this year reported on local councils that are selling their assets to generate revenue:

“In a bid to increase affordable housing supply, for example, Leicester City Council has sold council land worth more than £5m for less than £10 as part of deals with housing associations.”

Brexit means….

Overshadowing much of public policy in 2018 has been the UK’s decision to leave the European Union. Our blog posts have reflected the uncertainties posed by Brexit with regard to science and technology, local authority funding and academic research.

As we enter 2019, those uncertainties remain, and what actually happens is still impossible to predict. As always, we’ll continue to blog about public policy and practice, and try to make sense of the important issues, based on evidence, facts and research.

To all our readers, a very happy Christmas, and our best wishes for a peaceful and prosperous new year.

Liveable cities with people at their heart

The historic Royal Mile in the centre of Edinburgh was the suitably attractive setting for a conference last week on liveable cities. As Paul Lawrence, Executive Director of Place at Edinburgh City Council, observed, Edinburgh has been grappling with liveability for 300 years. But it’s one of many cities now facing new challenges to ensure that the concept applies as much to the “have-nots” as to the “haves.”

Including the precariat

Paul described Edinburgh’s single biggest challenge as addressing social and economic polarisation. While the city has a very successful economy, the benefits are not being enjoyed by all of its people. Many have well-paid jobs and enjoy a good quality of life, but those at the fringe of the labour market – the “precariat” – are on short-term contracts, with low wages and poor housing.

At the same time, the city of Edinburgh is facing significant urban planning challenges. Paul highlighted the difficulty for pedestrians – particularly those with disabilities – negotiating Princes Street at the height of the Edinburgh Festivals, and noted that the city didn’t have a single example of a successful pedestrian precinct.

Making successful places

The theme of how to make cities more liveable was taken up by Ian Gilzean, Chief Architect for the Scottish Government. He gave numerous examples of successful placemaking, such as the Crown Street and Laurieston redevelopment projects in Glasgow and regeneration in Edinburgh’s Craigmillar district. Ian also highlighted the work of charette programmes, which bring communities together to engage in the design and development of their neighbourhoods.  Ian stressed that the key drivers of sustainable development – social, economic and environmental – were also vital for improving the health and wellbeing of communities.

Reinventing a post-industrial area

A great example of the reinvention of a post-industrial area came from Ian Manson, Chief Executive of Clyde Gateway, Scotland’s biggest and most ambitious regeneration programme. When it comes to recovering from the demise of old industries, the East End of Glasgow has seen many false dawns. As Ian explained, when Clyde Gateway was launched ten years ago, the local community were sceptical about the programme’s ambitions. But they were also ready to engage with the project. A decade on, the area has undergone significant physical generation, but more importantly this has taken place in partnership with the local people. Unemployment in the area is now 26% – still too high, but an improvement on the 39% of 2008. The project has taken risks –  building infrastructure such as roads and a school in the hope that developers will be attracted. And, as Ian explained, Clyde Gateway needs more people to settle in the area to fill the gap left by the 20,000 who moved away in the post-war years.

To attract more people, places need to be distinctive, to surprise and delight. And, as Ian stressed, they need to acknowledge and respond to their historical urban patterns and buildings. For example, the much-loved former Olympia cinema at Bridgeton Cross has been given a makeover, and is now home to a public library, café, boxing centre and Scotland’s first BFI Mediatheque.

Learning from Denmark

The conference was organised by the Royal Danish Embassy in the UK, and there were good examples of successful placemaking from Denmark.

Jacob Kurek, from Henning Larsen Architecture in Copenhagen explained why the Danes are so famous for doing design differently. “We have a curiosity and ambition for making things better for people.” Denmark has put this philosophy into practice, designing clean harbours for swimming in the city centre, providing safe and stylish bike lanes and planning open-air spaces that take account of the challenging Danish winters (what Jacob described as “conquering the public realm”).

This approach has attracted attention elsewhere, and Jacob described his work in Belfast, where there are plans to transform the east bank of the River Lagan, using Copenhagen harbour as a model.

Stephen Willacy, Chief Architect for the city of Aarhus, reminded the audience that there’s more to Denmark than Copenhagen.  Aarhus is a city on the move, with a population growth of 5,000 per year. Stephen described some of the efforts to make Aarhus a good city for everyone by developing facilities for living, playing and working, including an ambitious masterplan for the city’s harbour.

Ewan Anderson of 7N Architects in Edinburgh has also been learning from Denmark. He took his team to Copenhagen to explore the city’s innovative approaches to place making, such as the transformation of a car park into a playground and the creation of a “pop-up neighbourhood” on a former warehouse site. Once back in Scotland, the 7N team developed their own ideas for making more liveable cities – introducing electric bikes for hilly streets, replacing a car park with a modern art gallery and even transforming Edinburgh’s Leith Walk into a Ramblas of the north.

Putting people at the heart of placemaking

Too often, architects and town planners have failed to engage with the communities they serve. Throughout the day, speakers at this conference made it clear that those days are largely in the past. Many made reference to the influential Danish architect Jan Gehl, whose vision for successful public space and urban design had people at its heart.

As this conference demonstrated, his vision is being realised in places as different as Copenhagen and Glasgow, Belfast and Aarhus, to the benefit of visitors and more importantly for those who live there.


More on urban planning and liveable cities:

Creating caring places: placemaking in our town centres

What do caring places look like? How can planners, developers and project organisers contribute to the discourse around creating caring places? And what responsibility do they have to communities to help develop places that put people at their heart?

They are just some of the questions being increasingly raised by organisations in Scotland, trying to identify if there is a new way to focus on place and wellbeing in Scotland’s towns. Projects such as Carnegie Trust’s Kindness, Scottish Towns partnerships’ Town Centres First, or Architecture and Design Scotland’s Creating Caring Places are all exploring the importance of the quality of a place to the wellbeing of people who live there. But what does this mean for people who actually plan these areas, and what could they consider in the future to help develop more caring places?

The 3 P’s: place, people, practice

Many of the discussions around creating places which foster wellbeing and wellness centre around 3 key concepts:

Place: Understanding place and the impact that it has on wellbeing is a significant part of this agenda. The environment in which people live day-to-day has a significant impact on individuals and can be both a positive or negative influence. It can help to facilitate positive community interaction, creating stronger community ties and helping organisations and people to feel more valued within their community.

In order for places to be caring a number of factors have been identified, and these are common across research done by a number of organisations including Architecture and Design Scotland and the Carnegie Trust. These include: a sense of support (from people); a sense of purpose (stuff to do); a sense of place (familiar surroundings); and a sense of worth (feeling wanted).

People: Loneliness or social isolation has the same impact on health and mortality as smoking 15 cigarettes a day. Traditionally, it has often been assumed that older people are most often victims of social isolation (as they are less mobile and less willing or able to participate in community activities). Recently however more research has been produced which highlights the growing isolation of younger people. Understanding the nature of isolation, which impacts across the whole community, can help us to identify effective solutions which benefit and engage multiple groups.

Practice: This particularly relates to care within communities. The process of deciding where and how we care for the old or ill is a vital part of how we function as a society. Effective care extends far beyond the physical act of caring for someone, although this is obviously a key element. It also includes creating more and better jobs within the sector, and encouraging people to enter the profession as a worthwhile career choice; shifting the focus from acute to primary care settings and away from hospital-based emergency care; and giving people greater choice about how and where they receive care through increasing and improved personalisation of services.

There is a responsibility on both spatial and community planners to identify need and to create places which facilitate wellness, choice and care at home. This could be through the building of new infrastructure or more effective transport, or it could be through the creating of a community centre which offers recreational classes to someone who would otherwise have no contact with the outside world. Putting place at the centre of discussions provides an opportunity for a community approach to wellbeing, with strategies on placemaking being linked to other approaches such as asset-based, or strengths-based, planning.

Thinking about people like we think about the environment

Even as little as 10 years ago, the prevalence of environmental impact assessments for development projects was limited. Now we take for granted that we measure the impact of a project on the environment. What if we thought about people and in particular the risk of isolation, in the same way during planning processes? What if developers, planners and project organisers considered the “isolation impact” of a project, how it would impact the people of a local area, and whether it would specifically impact one group more than another (either for good or for bad), and reported on the steps they were taking to mitigate any adverse impact?

It is a striking notion, but creating a set of criteria to measure the social impact of developments, may be hugely useful if we are trying to place an increasing emphasis on inclusion and community within our town centres.

In fact, planners are beginning to realise the critical role they play in connecting services to people, and the necessity of understanding which services are needed in an area and how to make them as accessible for the whole community as possible. And while it is down to the community to use the resources they are given by planners to create connections and networks that help to combat things like poor mental health and social isolation, the decisions that planners make about how and where to plan in services and infrastructure can be the difference between someone leading an active and engaged life, and someone living a life where the only human contact they have in a day is a carer.

Planners can and should recognise the significant role they can play in making someone’s life more livable.

Final thoughts

Creating caring places for people to live and grow old in is vital to the success of our communities. Effective and thoughtful decisions on investments such as infrastructure and community planning projects can have a significant positive impact on wellbeing and reduce loneliness not only among older people, but throughout the community.

Increasingly, policy makers in Scotland are being asked to consider the human element of planning in their work. Creating places that allow people to feel safe, valued and happy is key for planners to help bridge the gap between the creation of places, and the wellbeing of people who live in them.


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Scottish Planning and Environmental Law conference is a ‘huge success’

SPEL Conference 2018 banner

Last week, we welcomed delegates and speakers to the 2018 Scottish Planning and Environmental Law (SPEL) conference in Edinburgh, sponsored by Terra Firma Chambers.

Delegates and speakers came from organisations across Scotland to discuss and debate the current state and future opportunities for planning and environmental law in Scotland.

Should we just scrap planning altogether?

The conference was kicked off in typically thought provoking style by Greg Lloyd, Professor Emeritus at Ulster University, and visiting professor at Wageningen University in the Netherlands. Professor Lloyd delivered this year’s keynote and took the opportunity to challenge delegates and other speakers to consider what might happen if the current planning system were to be abolished altogether, to clear the way for a new and more fit-for-purpose planning system.

The creation of a new way of planning has, Professor Lloyd argued, the potential to better align community needs and other areas of policy like land and taxation, as well as creating opportunities for a more functional system, not as bogged down in process, where communities can come together to help make decisions about planning in their local area.

This “utopian vision of the future of planning” could potentially allow planning to ‘catch up’ with other services given that currently it is a 1950s model which has been shaped and adapted to allow us to “get by” rather than being reformed to suit new and changing planning needs. This new way, he argued, could be achieved if we are bold enough to take the leap away from the constraints and barriers presented by the “old” system.

Community empowerment and community right to buy: what are the implications for planning law?

Mark Lazarowicz and Pippa Robertson from Terra Firma Chambers and Aurora Planning respectively, navigated delegates through the complex waters of community right-to-buy, with Mark setting the scene and outlining some of the key elements to legislation and policy which have helped to shape community empowerment, including discussions around “relevant authorities”; “subjects of transfer”; and the “activation and implementation of community right-to-buy”. Pippa followed this with a discussion around community empowerment in relation to right-to-buy, and how this can be used to bring land back into active use.

The Planning Bill and funding infrastructure

Archie Rintoul, former chief valuer in Scotland, gave what many found to be a frank and insightful discussion of the issues around infrastructure development. Continuing on a similar theme after lunch, Russell Henderson from RPS explored the role of transport policy, and in particular sustainable transport. In both sessions there was further discussion of the importance of facilitating and accommodating new infrastructure, while recognising the growing responsibility to be aware of environmental factors, in part through the development of sustainable development measures for transport.

Following Russell, Laura Tainsh from Davidson Chalmers outlined the basis for, and the potential implications of, the Landfill Tax Ban, including an exploration of what the Bill may mean for those who work within the waste sector, and the potentially significant environmental impacts that the landfill ban may have when it is introduced in 2021.

The conference also included timely discussion of the progress of the Planning Bill and case law updates from Terra Firma, informing delegates of the latest developments in recent key cases.

Planning’s role in promoting inclusive economic growth

The conference was closed by RSA Scotland’s Lesley Martin who discussed how planning can help to promote inclusive economic growth. She questioned how the implementation and translation of the planning bill into practice will impact on inclusive growth in towns and cities.

Economic growth within places, she argued, can be driven through effective planning, and inclusive planning processes can in turn help to create inclusive economic growth. The planning bill is, she suggested, a symbol and an opportunity to provide an ambitious statement of the potential of wiser policy approaches. Planning is not merely about controlling or enabling development – it is an example of how the way we think and behave more generally impacts on inclusive growth in our towns and cities.

Summing up

This year’s SPEL conference sought to explore some of the wider implications of the Planning Bill for Scottish planning and the environment. By covering a range of topics the conference sought to highlight some of the key challenges and implications that the Bill may pose to the profession and to practice. The speakers were brought together to provide a range of perspectives and to help frame these issues for delegates and raise points for discussion and debate – and there was certainly plenty of that!

We would like to thank our speakers, those who attended and our sponsors, and hope to see you all next year!


We publish Scottish Planning and Environmental Law Journal every two months. More information on the journal and how to subscribe is available here.

We also blog regularly on planning and environmental issues … why not read one of our other recent articles:

SPEL Conference 2018 open for bookings

SPEL Conference 2018 bannerWe’re excited to announce that this year’s Scottish Planning and Environmental Law Conference is on Thursday 13 September in Edinburgh, and there’s already a great lineup of speakers confirmed.

This conference remains the flagship conference in its field, reflecting our commitment to supporting knowledge sharing and excellence within planning and the built environment professions.

The last year has witnessed many developments which impact on the planning system and the conference will provide a space for the planning and environmental law community to discuss and debate these.

Key topics

This year is the 28th SPEL Conference and we’re focusing on two key themes – the Planning Bill and wider environmental matters.

In May, the Stage 1 Report on the Planning (Scotland) Bill was released. Whilst some proposals appear to be going through the process relatively unchallenged, there are others which will be subject to further scrutiny.

As we anticipate what a future planning system is going to look like, planning reform is not the only driver of change. The Energy Strategy, climate change, the 2021 Landfill ban and the National Transport Strategy will also impact on planning.

As usual, we’ll also be reflecting on recent case law and considering how it relates to daily practice. The conference is an excellent opportunity for solicitors and planners to refresh their knowledge of recent changes in planning and environmental law, as well as providing time for quality networking.

Conference programme

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

Confirmed speakers this year include:

  • Mark Lazarowicz, Terra Firma Chambers
  • Pippa Robertson, Aurora Planning
  • Archie Rintoul, former Chief Valuer Scotland
  • Karen Heywood, Interim Chief Reporter, Planning & Environmental Appeals Division, Scottish Government
  • Karen Turner, Director of the Centre for Energy Policy, University of Strathclyde
  • Greg Lloyd, Emeritus Professor of Urban Planning, Ulster University
  • Lesley Martin, RSA Scotland
  • Laura Tainsh, Partner, Davidson Chalmers
  • Russell Henderson, Associate Director, RPS

We’re pleased that Douglas Armstrong QC will be chairing the conference.

If you’re interested in planning or environmental law in Scotland then SPEL Conference 2018 is the perfect chance to hear about the latest developments and network with others.


The 2018 Scottish Planning and Environmental Law Conference is on 13 September at the COSLA Conference Centre, Edinburgh.

The conference programme and booking form are available here.

The conference is supported by Terra Firma Chambers.

Pursuing inclusive growth … will the Planning (Scotland) Bill be enough?

After months of anticipation, the Scottish Government has finally introduced the Scottish Planning Bill into Parliament this week. The need for reform was originally explored in 2015’s independent review (resulting in the report ‘Empowering planning to deliver great places‘) so progress has been relatively slow, with multiple workstreams and consultations working towards fulfilling the aims and aspirations of the review.

Ministers have insisted the Planning (Scotland) Bill will “improve the system of development planning, give people a greater say in the future of their places and support delivery of planned development”. The complexity of reform in this area is exemplified, however (if any evidence is needed), by the announcement at the end of November that the Draft Planning Delivery Advice on Housing and Infrastructure was to be withdrawn as (in the words of the Chief Planner) “there remain a number of areas of continuing disagreement”.

Enabling inclusive growth

The Bill proposes a number of measures including bolstering the status of the National Planning Framework, removing the requirement to produce strategic development plans and simplifying the processes for producing local development plans. The Minister for Local Government and Housing, Kevin Stewart, explained that “We should be focused on delivery rather than a continuous cycle of plan making”.

In a wide-ranging series of reforms, the Bill makes provision for simplified development zones. These are described as being “similar to, but will improve on, existing provisions for simplified planning zones. These will support more effective delivery of development through zoning of land, frontloading of scrutiny and aligning of consents.”

As expected, there is also a strong focus on empowering people and local communities and enabling them to have real influence on future development. The Bill includes a new right for communities to produce their own plans for their places. These ‘local place plans’ and their relationship to local development plans, has the potential to be complex.

At the time of the consultation on the Planning Bill, SPEL Journal highlighted concerns that community planning and land-use planning “speak to very different agendas” and the desire to reconcile the two presents difficult challenges.

As well as a number of changes to development management processes, the Bill also includes provision to strengthen enforcement powers, widen the scope of planning fees and introduce an infrastructure levy.

There is also a new requirement for members of planning authorities to undertake training.

Watch this space

Immediate responses to the Planning Bill seemed cautious.

The RTPI Scotland called for a “bold approach”. The Bill had “the right direction of travel and will fix some of the issues faced in planning our cities, towns and villages” However they questioned if it would be enough “to make the step change required for a world leading planning system.”

The Chair of the Scottish Alliance for People and Places, the Rt Hon. Henry McLeish commended  the significant consultation process that had led to this point, but said “there is space to build on its ambition” if Scotland is to achieve “a move to a much more inclusive, holistic and innovative system of planning”. This requires “articulating a compelling and positive vision for planning, rather than simply making technical changes”. Planning Aid Scotland chief executive Petra Biberbach said the Bill in its current form doesn’t go far enough on engagement and inclusivity and should be revised.

Concerns were also raised by the John Muir Trust over protection for Scotland’s landscape and environment. The JMT said it was disappointed by the Bill and that it risked introducing more centralising of control, in particular in relation to the balance between communities’ views and developers. “All this risks adding up to further, unaccountable ministerial decisions on issues better decided at a more local level.” As reported in SPEL Journal this year, the Trust has been involved in a number of planning appeals in the area of wind farm permissions and is a strong supporter, along with other organisations, of an Equal Right of Appeal for communities.

Completion of the Bill is subject to the Scottish Parliament’s timetable, but the Chief Planner has indicated that the Scottish Government expects it to be passed by the end of June 2018.


SPEL Journal (Scottish Planning & Environmental Law) is one of the leading resources on land use planning and environmental legislation across the country. During 2018, it will follow developments with the Planning Bill and provide expert commentary and analysis.

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

Drones in the city: should we ban drone hobbyists?

A young boy flying a drone

By Steven McGinty

Drones are becoming an increasingly observable feature of modern cities, from tech enthusiasts flying drones in local parks to engineers using them to monitor air pollution. And there have also been some high profile commercial trials such as Amazon Prime Air, an ambitious 30-minute delivery service.

However, introducing drones into the public realm has been something of a bumpy ride. Although the Civil Aviation Authority (CAA) produces guidance to ensure drones are flown safely and legally, there has been a number of hazardous incidents.

For example, in April, the first near-miss involving a passenger jet and more than one drone was recorded. The incident at Gatwick Airport saw two drones flying within 500m of an Airbus A320, with one pilot reporting a “significant risk of collision” had they been on a different approach path. In addition – and just 30 minutes later – one of these drones flew within 50m of another passenger jet, a Boeing 777.

Videos have also been uploaded to websites such as YouTube, which have clearly been taken from drones – a clear breach of the CAA’s rules prohibiting the flying of drones over or within 150m of built-up areas. This includes events such as the Cambridge Folk Festival, a match at Liverpool FC’s Anfield Stadium, and Nottingham’s Goose Fair. Jordan Brooks, who works for Upper Cut Productions – a company which specialises in using drones for aerial photography and filming – explains that:

They look like toys. For anyone buying one you feel like you’re flying a toy ‘copter when actually you’ve got a hazardous helicopter that can come down and injure somebody.

Privacy concerns have also started to emerge. Sally Annereau, data protection analyst at law firm Taylor Wessing, highlights a recent European case which held that a suspect’s rights had been infringed by a homeowner’s CCTV recording him whilst he was in a public place. Although not specifically about drones, Sally Annereau suggests this decision will have far reaching consequences, with potential implications for drone users recording in public and sharing their footage on social media sites. The Information Commissioner’s Office (ICO) has already issued guidance for drones.

The CAA report that there were more than 3,456 incidents involving drones in 2016. This is a significant increase on the 1,237 incidents in 2015.

The response

Cities have often taken contradictory approaches to drones. Bristol City Council has banned their use in the majority of its parks and open spaces. Similarly, several London boroughs have introduced ‘no drone zones’, although the London Borough of Richmond upon Thames has a relatively open policy, only banning drones over Richmond Park. Further, Lambeth Council requires hobbyists to complete an application form “to ensure suitability”, a standard similar to commercial drone pilots.

There have also been several accusations of double standards as large commercial operators such as Amazon receive exemptions to CAA rules, in front of photographers recording events, hospitals delivering blood, and researchers collecting data.

Although cities have a responsibility to protect the public, they also have to ensure citizens are able to exercise their rights. The air is a common space, and as such cities must ensure that hobbyists – as well as multinational firms – can enjoy the airspace. Thus, it might be interesting to see cities take a more positive approach and designate ‘drone zones’, where hobbyists can get together and fly their drones away from potential hazards.


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October 2017 issue of SPEL Journal (Scottish Planning & Environmental Law) out now

As the recent Scottish Planning and Environmental Law conference showed, there are a number of external pressures affecting the planning system at the moment. These include the uncertainty around Brexit, the drive to achieve energy targets, and demographic changes impacting on housing supply and demand. Understanding how economic and social factors affect policy and decision-making is important, especially as we await the Planning Bill from the Scottish Government.

A key resource for planners and planning lawyers at this time is the Scottish Planning and Environmental Law Journal. Filled with commentary and analysis from leading professionals, lawyers and academics, the journal explores current developments and case law, and is published every two months.

October 2017 issue

The October 2017 issue has just been published and includes articles focusing on:

  • Community engagement with the planning system
  • Planning policy in relation to battlefields
  • Review of old mineral planning permissions

It discusses the Scottish Government’s programme for 17-18 and potential matters of interest within it of interest to planning and environmental lawyers. The latest statistics on planning authorities’ performance and the annual review of the Planning and Environmental Appeals Division of the Scottish Government are also examined.

Key court cases examined in the October 2017 edition include:

  • Trustees of the Grange Trust v City of Edinbrugh Council – Discussion of two pertinent issues in roads law
  • Wildland Ltd and The Welbeck Estates v the Scottish Ministers – Wind farm consent and impact on Wild Land Area

There is also discussion of differences in Scottish and English planning policy in relation to when presumption in favour of sustainable development applies.

A long tradition of supporting the professions

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.

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 on 0141 574 1905 or email christine.eccleson@Idoxgroup.com.

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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