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the announcement at the end of November that the Draft Planning Delivery Advice on Housing and Infrastructure was to be withdrawn as (in the words of the Chief Planner) “there remain a number of areas of continuing disagreement”.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.

English Planning in Crisis: new ideas to recapture the purpose of planning in England

Housing estate iStock_000004526499Medium

“Essentially, the values of planning have been stood on their head, to the point where we have to ask whether the system remains fit for purpose.”

This is the stark assessment from the authors of a new book from Policy Press. In English Planning in Crisis, Hugh Ellison and Kate Henderson reflect on planning reforms since 2010, and argue that “the rich Utopian tradition that underpinned the town planning movement in England is dead, and needs wholesale recreation.”

The importance of planning

English Planning in Crisis highlights how essential planning is to the quality of life, noting that some of its key achievements have included securing mixed-use developments, the provision of social and genuinely affordable homes and protecting some of England’s most important landscapes. At its best, the authors contend, planning can provide for rich habitats and green space, good quality design, inclusion and resilience. But now, they argue, the once visionary town planning movement has become “little more than a residual form of land licensing.”

Reform and decline

The authors acknowledge that the decline of planning in England did not start in 2010. But they reserve particular criticism for the deregulation of policy on planning, housing and the built environment introduced under the coalition and Conservative governments.

Among the reforms in their sights are the withdrawal of the Code for Sustainable Homes, which had allowed councils to adopt their own sustainability levels as a planning requirement for new residential development, and the Deregulation Act 2015, which removed local planning authorities’ powers concerning construction, layout or energy performance of new dwellings.

There is also concern about extending the Right to Buy to 1.3 million housing association tenants, which the authors say has the potential “to transform socially and economically diverse communities into exclusively wealthy ones.” Similarly, they contend that the Conservative government’s Starter Homes policy (offering new-build houses at a price below their market value) will largely be of help to high earners.

Taken together, according to the book’s authors, reforms introduced since 2010 have resulted in a planning system that delivers poor-quality places, badly-designed dwellings, houses that are affordable only to middle and high-income earners, and ignores the challenges of climate change and an ageing population.

Planning beyond England

Before putting forward their ideas for rethinking the planning system in England, the authors look at planning systems elsewhere. They suggest that approaches adopted in Wales and Scotland provide pointers to how the English planning system can get back on track. They are particularly complimentary about Scotland’s framework for the spatial development of the country as a whole, which they suggest provides certainty and long-term thinking about planning. The authors also praise two regeneration initiatives in the city of Hamburg which have transformed derelict land into sources of renewable energy.

Ten steps to rebuild planning

The second half of English Planning in Crisis sets out a collection of evidence-based ideas for rebuilding England’s planning system. These include:

  • Replacing the current fragmented approach to planning for the future with a clear vision
  • Establishing a government department for spatial planning
  • Engaging with communities and individuals to develop solutions to the nation’s problems
  • Transforming the planning profession from an “old boys club” into a new generation of diverse and inclusive placemakers
  • Reform of planning education
  • A framework of equal rights in planning decisions
  • A national debate on house-building
  • Ensuring new homes are accessible for the elderly and disabled
  • Delivering sustainable homes, including a new zero-carbon policy
  • Fair taxation of land values.

The authors stress that these proposals are underpinned by the values of the Utopian tradition that inspired examples of planning at its best, including garden cities and the 1947 Town Planning Act. These values include social justice, fair rights to participate in decisions, and the fair distribution of resources arising from the development of land and primary resources.

In conclusion, the authors of English Planning in Crisis argue that only by reclaiming those essential values can England’s planning system recapture its purpose:

“Our future depends on the discovery of those democratic and altruistic qualities that once formed the ethos of town planning.”


The Idox Information Service has introduced an exclusive offer for RTPI members to help them with their evidence needs.

iApply logo colour 72dpi RGB

Idox’s iApply is leading the way with its integrated application system for planning and building control that has been built to grow with the future in mind.

Visit www.iapply.co.uk to learn more.