Tag Archives: scottish planning and environmental law

The year of living differently: reviewing The Knowledge Exchange blog in 2020

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2020 has been a year like no other. A microscopic virus – 10,000 times smaller than the width of a human hair – has dominated, disrupted and redefined the way we live and work.

Although the pandemic is primarily a public health emergency, its effects have been felt in all areas of public and social policy, from economic development and employment to transport and the environment. Throughout this year, our blog has reflected on the impacts of the coronavirus and the restrictions introduced to prevent its spread.

The COVID-19 knock-on

While the coronavirus pandemic has dominated the news headlines, it has also obscured the knock-on effects on the NHS. In October, we reported on the impacts of delays to preventative healthcare measures, such as screening and routine medical care in the form of pre-planned operations for long-term chronic and non-urgent conditions.

As the blog post noted, the impacts have been wide-ranging, including not only delays in care for case of physical ill health, but also for those seeking treatment for mental health conditions:

“Research suggests that incidence of mental illness during the coronavirus pandemic increased. However, the numbers of people accessing services and being referred for treatment have not increased proportionate to this.”

The ‘hidden epidemic’

Long before the coronavirus pandemic, domestic violence had become known as a ‘hidden epidemic’ in the UK. In September, our blog highlighted the unintended consequences of quarantine for domestic abuse victims.

After the UK entered lockdown in March, calls and online enquiries to the UK’s National Domestic Abuse line increased by 25%. Three-quarters of victims told a BBC investigation that lockdown had made it harder for them to escape their abusers and in many cases had intensified the abuse they received.

Despite additional government funding, the local authorities and charities which support victims of domestic violence have been struggling with the financial fallout from the pandemic. Even so,  important partnerships have been formed between local government, educational institutions and third sector bodies to provide safe spaces for women and their children fleeing violence. Among these was an initiative at the University of Cambridge:

“St Catherine’s College formed a partnership with Cambridge Women’s Aid to provide over 1000 nights of secure supported accommodation during the lockdown period.“

‘Same storm, different boats’

As the recent Marmot review has stressed, the coronavirus pandemic has exposed and deepened many of the deep-rooted inequalities in our society, including gender, ethnicity and income.  It has also shone a light on more recent inequalities, such as the growth of precarious employment among sections of the population.

In July, we looked at the uneven economic impact of the pandemic, focusing on the heavy price being paid by young people, women, disabled people and Black and Minority Ethnic (BAME) communities.

Women often work in the frontline of care services and have had to juggle childcare during lockdown. BAME communities are over-represented in key-worker jobs, and so were particularly vulnerable to coronavirus.

And although there has been much talk about ‘building back better’, our blog post drew attention to the observations of Dr Sally Witcher, CEO of Inclusion Scotland during a Poverty Alliance webinar:

“She asks whether indeed we should want to build back, when the old normal didn’t work for a large proportion of people, particularly those with disabilities. Dr Witcher also questions ‘who’ is doing the building, and whether the people designing this new future will have the knowledge and lived experience of what really needs to change.”

The impacts of a pandemic

Many other aspects of the impact of COVID-19 have been covered in our blog:

  • How housing providers have embraced the fluidity of an emergency situation, including tackling homelessness, engaging effectively with tenants and addressing mental ill health.
  • Digital healthcare solutions for those with coronavirus and for the continuity of care and day-to-day running of the NHS.
  • Creating and managing a COVID-secure workplace.
  • How COVID-19 is changing public transport, including an acceleration towards contactless payment and mobile ticketing.
  • The additional challenges of the pandemic facing autistic children and young people.
  • The impact of the coronavirus restrictions on the arts.
  • The role of green new deals in tackling climate change and economic inequality as part of the post-Covid recovery.

Beyond the virus

Although the pandemic has been at the forefront of all our minds this year, The Knowledge Exchange blog has also taken the time to focus on other important issues in public and social policy:

We’ve also taken advantage of the ‘new normal’ experience of remote working to join a number of webinars, and to report back on the observations and ideas emerging from them. Most recently, our blogs have focused on a series of webinars organised by Partners in Planning, which included contributions on how the planning system can help address climate change.

Final thoughts

The health, economic and social impacts of the pandemic are likely to be long-lasting – restrictions on travel, work and socialising will continue into the spring, and insolvencies and unemployment numbers are likely to rise. And the continuing uncertainty over the UK’s new trading relationship with the European Union will generate additional challenges.   

But, as a frequently difficult, often challenging and sometimes distressing year draws to a close, there is cause for optimism about 2021. Vaccines to prevent the spread of the virus have been developed with lightning speed. Across the UK people are already being vaccinated, with greater numbers set to receive the jab in the coming months.

Here at The Knowledge Exchange, we’ll continue to highlight the key issues facing public and social policy and practice as we move towards the post-Covid era.

Season’s greetings

It’s with even greater meaning than ever before that we wish all our readers a happy Christmas, and a healthy, prosperous and happy new year.

Best wishes from everyone at The Knowledge Exchange: Morwen, Christine, Heather, Donna, Rebecca, Scott, Hannah and James.

Follow us on Twitter to find out what topic areas are interesting our research team.

Taking forward key issues in Scottish planning at this year’s SPEL conference

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On 19th September 2019, we welcomed speakers and delegates to Edinburgh for the 29th Scottish Planning and Environmental Law Conference.

Before we began, the conference was invited to pause to remember and reflect on the life and achievements of Robert (Roy) Martin QC, who sadly passed away earlier this year. Roy was a long-time supporter and friend to the SPEL conference and a great addition to our speaker line up on many occasions. Everyone connected with SPEL would like to extend our condolences to Roy’s family and his colleagues at Terra Firma Chambers.

The conference brought together planners, planning lawyers, researchers and others who work in the field of planning, housing, development and infrastructure in Scotland for a day of discussion and debate around some of the key issues facing Scottish planning today and in the future.

Set to the backdrop of the most recent Scottish planning bill, the day focused broadly on two themes: the approach to housing, land value and infrastructure delivery;  and the impact of the community empowerment agenda. As in previous years, themed discussion topics were supplemented by the always well-received case law updates from conference sponsors and planning and environmental law specialists Terra Firma Chambers.

The day began with some brief reflection from our keynote speaker, Keith Winter, Executive Director, Enterprise and Environment, Fife Council. Keith considered his years in the profession, and the great steps planning has taken from its earlier years. He also posed some interesting questions for delegates and other speakers alike about the potential for the future of planning, discussing “positive planning”; placemaking; the challenges of needing to meet both local and national level expectations and meeting the challenges that face the next generation of planners – such as climate change – head-on.

Photo Copyright Rebecca Jackson

Housing, infrastructure and land values are all key topics for planners, and we spent the mid-morning session discussing all three. In the day’s longest session, panellists grappled with big topics for planning including whether the delivery of housing and infrastructure is becoming any easier; if more housing should (or could) be allocated to housing; how infrastructure will be funded in the future and whether we should be paying more attention to delayed sites which have already been granted approval.

Panellists brought a wealth of experience and perspectives to the discussion, with contributions from Taylor Wimpey, Homes for Scotland, Scottish Futures Trust, Lichfields, Renfrewshire Council and the Scottish Land Commission. The wide-ranging discussions on the supply and allocation of land for development, the implication of development for infrastructure and how multiple partners – not just planners – need to work together in order to create wonderful places where communities can live and work.

Photo copyright Rebecca Jackson

The afternoon session was dominated by discussions of community empowerment in planning and what opportunities and challenges the community empowerment agenda in Scotland could bring for the profession. A panel discussion which brought a refreshing range of perspectives was well received by an audience of delegates who were eager to ask questions and respond to comments from the panel, which included Nick Wright, from Nick Wright Planning; Pippa Robertson, director of Aurora Planning; Dr Calum MacLeod, Policy Director from Community Land Scotland and Antony McGuiness, Forward Planning team leader from West Dunbartonshire Council.

Panellists grappled with the challenges of aligning local place plans, local outcome improvement plans and local development plans; how community-led action can help address inequality and improve outcomes at a local level for communities and how integrating community and spatial planning is working in practice at the moment. The discussions proved to be one of the most successful of the day, with many delegates commenting on the value of the discussions to their own professional work.

Photo copyright Rebecca Jackson

The final session of the day explored the implications of the new planning act and its potential for delivering strategies which put place at their heart and enhancing the delivery of sustainable development projects across Scotland. Panel members included Stefano Smith, Director of Stefano Smith Planning and former Convenor of RTPI Scotland, Jacqueline Cook, Head of Planning at Davidson Chalmers Stewart LLP and Pam Ewen, Chief Officer of Planning at Fife Council and the Junior Convenor of Heads of Planning Scotland.

The conference provided an opportunity for reflection about the future of planning in Scotland and how practitioners from many different professions – not just planning and planning law – will have to come together to ensure that opportunities are seized upon.

And while it was widely acknowledged that the current model is far from perfect, and more exploration is needed to understand the potential and the application of the new planning legislation which has been introduced in recent years, it’s clear that there is willingness among the profession to learn lessons and to apply knowledge and determination to the current planning landscape to promote and develop planning in Scotland in the years to come so it can fully deliver for Scotland’s communities.

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

If you enjoyed this article you may also like to read:

Follow us on Twitter to find out what topics have been interesting our research officers, or search #SPEL2019 for more insight into the conference day. Delegates can get in touch for copies of presentation slides where available.

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

Scottish Planning and Environmental Law Conference 2019 open for bookings

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We’re pleased to announce that 2019’s Scottish Planning and Environmental Law Conference is returning to Edinburgh on Thursday 19 September, and the programme has now been released.

This flagship conference always attracts a knowledgeable audience from the planning and legal professions, with a focus on quality discussion and debate.

The focus this year is on two main themes: the approach to housing, land value and infrastructure delivery, and the impact of the community empowerment agenda in Scotland. With the Planning (Scotland) Act finally having received Royal Assent on 25 July, we’ll also be looking at what to expect next, including a review of the National Planning Framework. And as usual, there will also be the popular sessions on recent case law.

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. The chair for this year will be James Findlay QC.

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.

Confirmed speakers and panel members this year include:

  • Mark Lazarowicz, Terra Firma Chambers
  • Shona Glenn, Head of Policy & Research, Scottish Land Commission
  • Dr Mark Robertson, Managing Partner, Ryden
  • Nicola Woodward, Senior Director, Lichfields
  • Fraser Carlin, Head of Housing & Planning, Renfrewshire Council
  • Pauline Mills, Land & Planning Director, Taylor Wimpey
  • Tammy Swift-Adams, Director of Planning, Homes for Scotland
  • Nick Wright, Nick Wright Planning
  • Pippa Robertson, Aurora Planning
  • Dr Calum Macleod,Policy Director, Community Land Scotland
  • Neale McIlvanney, Strategic Planning Manager, North Ayrshire Council
  • Stefano Smith, Director, Stefano Smith Planning and former Convenor, RTPI Scotland
  • Pam Ewen, Chief Officer – Planning, Fife Council and former Convenor, RTPI Scotland
  • Jacqueline Cook, Head of Planning, Davidson Chalmers

If you’re interested in planning or environmental law in Scotland then there’s no doubt that SPEL 2019 is an unmissable conference.

The 2019 Scottish Planning and Environmental Law Conference is on 19 September at the COSLA Conference Centre, Edinburgh.

The conference programme and booking form are available here.

The conference is supported by Terra Firma Chambers.

Reeling in the year: a look back at 2018

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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.

SPEL Conference 2018 open for bookings

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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.

SPEL Conference 2017 open for bookings

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We’re pleased to announce that this year’s Scottish Planning and Environmental Law Conference is on Thursday 21 September in Edinburgh, and we already have a great lineup of speakers confirmed.

This conference remains the flagship conference in this field, reflecting our commitment to supporting knowledge sharing and excellence within 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

Moves to reform the planning system continue, with a Planning Bill now expected to come before Parliament in Winter 2017. The publication in June of a Position Statement from the Scottish Government indicates their future priorities for the planning system in Scotland.

Planning Minister Kevin Stewart recently said that “I firmly believe Scotland’s planners can lead the delivery of great places, empower communities and provide a stable environment for investment through the uncertain times we live in.” However new skills, knowledge and behaviours will be required to make the ‘new planning system’ successful.

Added to this the uncertainties around Brexit, especially the possible impact on environmental legislation, and it is clear that significant changes are likely to affect the sector.

The SPEL Conference will be addressing key issues of infrastructure development, housing supply and energy strategy, as well as planning and environmental legislation.

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

Confirmed key speakers include:

  • Professor David Adams, Ian Mactaggart Chair of Property & Urban Studies, University of Glasgow
  • Dr John Boyle, Director Research & Strategy, Rettie & Co
  • Fraser Carlin, Head of Planning and Housing, Renfrewshire Council
  • Greg Lloyd, Emeritus Professor of Urban Planning, Ulster University
  • Ross Martin, former Chief Executive, Scottish Council for Development and Industry
  • Pauline Mills, Land & Planning Director, Taylor Wimpey
  • Mark Mohammed, Terra Firma Chambers
  • Alasdair Sutherland, Terra Firma Chambers
  • Robert Sutherland, Terra Firma Chambers
  • Laura Tainsh, Partner, Davidson Chalmers
  • Ian Turner, Community Empowerment Team Leader, Scottish Government
  • Rt. Hon. Brian Wilson, former UK Energy Minister, Chairman Harris Tweeds Hebrides

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

If you’re interested in planning or environmental law in Scotland then SPEL Conference 2017 is the perfect chance to hear about the latest developments and network with others.

The 2017 Scottish Planning and Environmental Law Conference is on 21 September at the COSLA Conference Centre, Edinburgh.

The full conference programme and booking form are available here.

The conference is supported by Terra Firma Chambers.

Latest developments in Scottish Planning and Environmental Law

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spel-179Moves to transform the Scottish planning system continue to progress slowly, with a new consultation published on 10 January 2017 by the Scottish Government focused on 20 proposals for improving the system. This follows in the wake of May 2016’s independent report ‘Empowering planning to deliver great places’, and despite the fact that a number of the “immediate actions” identified by the Government in its response to the review, are still to be completed.

The latest issue of Scottish Planning and Environmental Law Journal contains reaction to the consultation paper from stakeholders and also considers how the main proposals in the consultation align with the provisions of the Town and Country Planning (Scotland) Act 1997. The consultation closes 4 April 2017.

Case law update and commentary

The February 2017 issue also includes articles focusing on:

  • The reduced recognition of planning within the Scottish economic policy environment, as reflected in the outputs of the Council of Economic Advisers
  • Freedom of Information and Registered Social Landlords
  • Scottish Government proposals to raise planning fees
  • The UK Government’s new Industrial Strategy and land-use planning
  • Amendments to the CAR Regulations – Water Environment (Controlled Activities) (Scotland) Regulations 2011/209
  • Prematurity and a ‘plan-led’ system, as seen in the appeal decision for Taylor Wimpey UK Ltd v The Scottish Ministers

There is also discussion of recent case law and environmental law.

Valued for over 30 years

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 bi-monthly journal is written by a wide range of subject experts.

Every issue 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.

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 1920 or email christine.eccleson@Idoxgroup.com.

Scottish planning … on the long road to modernisation

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Rural_Urban Landscape_iStock_000004526499MediumPlanning, and more specifically ensuring the delivery of new housing, has probably never had a higher profile on the political agenda in recent years. The focus on the performance of planning authorities is, of course, happening within a context of ongoing resource constraints and the wider Brexit-related uncertainties.

Within Scotland, there also appears to be a renewed debate and potential conflict between the plan-led system versus ‘planning by appeal’. And so its timely to look at some key recent developments which suggest the priorities in 2017.

Moving forward on the recommendations of the Independent Review

Work to take forward the reform of the Scottish planning system is ongoing, and six themed working groups are now in place in order to inform the preparation of a White Paper expected to be published for consultation at the end of 2016.

The themes covered by the working groups are:

  • Strong and flexible development plans
  • The delivery of more high quality homes
  • An infrastructure first approach to planning and development
  • Efficient and transparent development management
  • Stronger leadership, smarter resourcing and sharing of skills
  • Collaboration rather than conflict – inclusion and empowerment

Our August issue of SPEL Journal contained a number of articles commenting on the Planning Review.

Scottish Government plans for the year ahead

In addition to this, the Programme for Government published on 7 September included announcements in a number of areas of interest to planning and environmental law.

Legislation which will be promoted during 2016-2017 include a Forestry Bill which will complete the devolution of forestry to the Scottish Government. Early 2017 should see proposals for a new Climate Change Bill which will sit alongside a Climate Change Plan and accompanying Energy Strategy expected to be published this winter. These will outline the Scottish Government’s intention to reduce Scottish emissions by 80% between 1990 and 2050 and “represents a bold statement of Government’s priorities for the coming decades”. The Programme for Government also reiterates the continuing commitment to the target of supplying 100% per cent of electricity demand by renewables by 2020.

There is mention of a Circular Economy and Zero Waste Bill. This is due to be introduced in the second half of the parliamentary session. This Bill sits under the 2016 Circular Economy Strategy, Making Things Last, which, among other things, establishes Europe’s first food waste prevention target. No detail is given as to what this Bill will contain but it is mentioned alongside a commitment to continue working with local authorities on improving recycling rates and to consider the role of deposit return schemes, which perhaps gives some clues.

The key planning-related news in the Programme is that a Planning Bill is to be brought forward early in the parliamentary session (this was subsequently clarified to mean autumn 2017). This follows the recent independent review of planning.

The recommendation for Simplified Planning Zones, which came out of this review, is also to be implemented. This will be done ahead of the proposals for legislative change in the Bill. The purpose of these Simplified Planning Zones is to encourage housing development, and ties in with a commitment to deliver 50,000 new affordable homes over the next five years with 35,000 of them being available for social rent.

Indeed, on 13 October, the Scottish Government published further details of the SPZ pilots – Scottish Ministers have committed £150,000 to support 3 or 4 SPZ housing pilots and are inviting authorities to apply. They suggest that SPZ could be used to support housing in a variety of contexts, for example to:

  • support town centre living
  • support urban regeneration
  • promote diversification of housing types and supply, and innovative housing delivery.

The Programme for Government also suggests that we should see interim measures to modernise compulsory purchase orders so that vacant and derelict land can be brought back into use in communities. The Scottish Law Commission submitted a report at the end of  September to the Scottish Government on proposals for an overhaul of compulsory purchase, following consultation.

Finally, moves continue to be made in the controversial area of land reform following the Land Reform (Scotland) Act 2016. During this programme, the Scottish Government will be taking steps to implement the 2016 Act, including recruitment of the new Scottish Land Commissioners and consulting, in the autumn, on a Land Rights and Responsibilities Statement. There is also an ongoing consultation about proposals for a register of controlling interests in Scotland’s land to improve transparency in the ownership of land, with regulations to go before the Scottish Parliament in 2017.

Environmental Impact Assessment reform

In August the Scottish Government began a consultation about implementing reforms to the environmental impact assessment (‘EIA’) procedure. This relates to how Scottish Ministers propose to bring the requirements of European Directive 2014/52/EU (known as the ‘EIA’ Directive) into Scottish legislation, which must be done by 16 May 2017.

The consultation paper is accompanied by draft regulations in relation to town and country planning and electricity works, with parallel adjustments to be made to the other regimes where EIA applies, including forestry, trunk roads and marine licensing. A separate consultation will be held on ports and flood management. The consultation closes at the end of October 2016.

As Professor Colin Reid of the University of Dundee notes in the most recent issue of SPEL Journal “The overall goal of EIA remains that of ensuring that projects likely to have significant adverse environmental effects are identified and approved only after undergoing a thorough and open assessment procedure. The precise procedural formalities can go much of the way to ensuring that this is done effectively and efficiently, but ultimately it is how well the developers, authorities and public engage with the process that will determine how far it succeeds.”

Conclusion

As can be seen, the next year looks like it could bring some significant changes to the planning system in Scotland. The Scottish Planning and Environmental Law Conference, and SPEL Journal, provide much-needed channels for the planning community in Scotland to consider these challenges, and stay up-to-date.

Further reading

A Plan for Scotland: The Government’s Programme for Scotland 2016-2017. S King, Scottish Planning and Environmental Law Journal, Issue 177 Oct 2016, p102

Environmental Impact Assessment reform. C Reid, Scottish Planning and Environmental Law Journal, Issue 177 Oct 2016, pp102-103

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

Scottish planning reform: new opportunities or more of the same?

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spel conf banner

We’re pleased to announce that this year’s Scottish Planning and Environmental Law Conference is on Thursday 29 September in Edinburgh, and we already have a great lineup of speakers confirmed.

This event marks 25 years since the first SPEL conference and Idox is proud that it remains the flagship conference in this area, reflecting our commitment to supporting knowledge sharing and excellence within the built environment professions.

The last 12 months have 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

The major policy development is that we are currently awaiting a White Paper later this year from the Scottish Government in response to the Independent Planning Review report. The Government has already set out some immediate actions and longer-term work plans to be undertaken to create an “ambitious but practical programme of planning reform”.

However this agenda develops, it’s clear that the challenges facing the economy and communities remain – in the words of Kevin Stewart, Minister for Local Government and Housing, this means “supporting economic growth and house-building, whilst protecting and enhancing the quality of life of all our communities.” The SPEL Conference will be addressing these key issues of infrastructure development and housing supply.

Meanwhile the recent confusing messages from the UK Government on the new Hinkley Point nuclear power station have underlined the importance (and controversy) of energy security. The conference will include a discussion of the environmental, economic and moral consequences of Scotland’s energy choices.

The need for continued modernisation and efficiencies will be addressed in a session looking at leadership and smart resourcing. Research from the RTPI at the end of last year found that there’s been nearly a 20% reduction in planning department staff in Scotland since 2010. Gross expenditure in planning authorities has also dropped by £40 million between 2010/11 and 2015/16. Despite these pressures, councils have continued to deliver quality services but there is a very real risk around loss of skills.

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

Confirmed key speakers include:

  • Tammy Adams, Head of Planning, Homes for Scotland
  • Denis Garrity, Advocate, Terra Firma Chambers
  • John Hamilton, CEO, Winchburgh Developments Ltd
  • Greg Lloyd, Emeritus Professor of Urban  Planning, Ulster University
  • Rebecca Lunn, Professor and Head of CGEEG, University of Strathclyde
  • Ross Martin, Chief Executive, Scottish Council for Development and Industry
  • Craig McLaren, Director of Scotland and Ireland, RTPI
  • John McNairney, Chief Planner, Scottish Government
  • Stephen O’Rourke, Advocate, Terra Firma Chambers
  • Sara Thiam, Director, Institution of Civil Engineers

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

If you’re interested in planning or environmental law in Scotland then SPEL Conference 2016 is the perfect chance to hear about the latest developments and network with others.

The 2016 Scottish Planning and Environmental Law Conference is on 29 September at the COSLA Conference Centre, Edinburgh.

The full conference programme and booking form are available here.

The conference is supported by Terra Firma Chambers.

Hot topics in Scottish planning and environmental law

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spel feb headerThe 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.

Our latest edition of SPEL includes articles focusing on:

  • Outcomes of the 2015 UN Climate Change Conference
  • The practical experience of delivering Planning Permissions in Principle
  • Wild land maps and their impact on planning law and policy
  • Hut development and the planning system – a significant shift.

Key court cases examined in the February edition include:

  • Sally Carroll v Scottish Borders Council – A wind turbine case which has clarified the role of Local Review Boards.
  • Stewart Milne Group Ltd v The Scottish Ministers – An appeal against refusal for residential development, which further consolidates the position adopted by the Supreme Court in Tesco Stores Ltd v Dundee City Council [2012].
  • The John Muir Trust v The Scottish Ministers – Wind farm consent has been reduced, as a result of the processes followed in the case for consideration of responses from consultative bodies.

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.