SPEL Conference 2017 open for bookings

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

spel-177The next year is going to be a busy one for planning in Scotland, judging by the Scottish Government’s Programme for Scotland 2016-17.  The dual priorities of modernisation and increasing housing delivery are shaping policy direction, but it is in the courts that real-world issues affecting implementation and delivery of policy are addressed.

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

A key part of our remit is to provide commentary on significant case law. We also provide a forum for consideration of issues affecting the planning system, from the point of view of solicitors, planners and academics.

Reflecting on recent case law

Key court cases examined in the October 2016 edition include that perennially thorny topic of wind farm consents.

Firstly, the quashing of Stronelairg wind farm consent was overturned by the Inner House. This decision, which included the comment that ‘Creating images from different angles on the surrounding landscape does not provide the public with any information not already readily known and understood,’ may prompt discussions among planning authorities, statutory consultees and applicants about how visualisations and photomontages should be treated.

Secondly, the successful challenge of four offshore windfarm approvals by the RSPB highlights the difficulty for the Government and environmental stakeholders of achieving a balance between a commitment to realising the full potential of renewable energy in Scotland (including off-shore) at the same time as appropriately protecting the marine environment. Finding that necessary balance appears to be proving hard even in relation to projects where the appropriate environmental impact assessment has been carried out.

Other cases covered in October’s SPEL include:

  • Public sector equality duty as a relevant planning consideration [LDRA Ltd & Others v Secretary of State for Communities and Local Government & Others] – This decision is a reminder that protected characteristics have a wide scope and points to an onus being placed on decision-makers to demonstrate that the requirements of s149 of the 2010 Act have been considered.
  • ‘Community focused’ renewables planning permission quashed [R (on the application of Peter Wright) v Forest of Dean District Council and Resilient Energy Severndale Ltd]. This case focused on whether a financial contribution in the context of a wind turbine development may be taken into account in granting planning permission. The decision is in line with previous case law but as Karen Hamilton of Brodies LLP notes “If policy ‘encouragement’ of community schemes is to persist then a clearer path should be laid out to enable participating developers to be credited for their efforts“.
  • Liability of roads authority for injuries to cyclist [Robinson v Scottish Borders Council]. Whereas English courts have been reluctant to impose liability on highway authorities, this judgment found that the hazard would have been apparent to a roads authority of ordinary competence, using reasonable care.

The journal also includes commentary and articles on topical issues and policy developments.


Written by a wide range of subject experts, SPEL Journal includes accessible commentary on topical subjects and current issues.

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 … on the long road to modernisation

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

Reflections from the Scottish Planning and Environmental Law conference

spel 175 image

The theme of this year’s conference posed a question to speakers and delegates of the conference: is the current planning climate in Scotland presenting “new opportunities, or more of the same?”

Delegates came together in the COSLA building in Edinburgh to discuss all areas of planning and environmental law in Scotland. The gathering included a range of organisations and sectors, including lawyers and solicitors, planners, engineers, academics and civil servants.

spel-2

Image by Rebecca Jackson

The morning session focused on energy, infrastructure and economic development. Ross Martin (@SCDIChief), chief executive of the Scottish Council for Development and Industry kicked the day off with a discussion of place making in Scotland. He highlighted the economic benefit of good planning, noting that when it is done well planning has a core role in economic development strategies and can facilitate growth within an area.

This was followed by a discussion from Professor Becky Lunn from the University of Strathclyde who gave delegates some interesting food for thought in her discussion of the environmental, economic and moral consequences of Scotland’s energy choices.  A day after Ineos imported its first container of US shale gas to its Grangemouth refinery, Professor Lunn told delegates, that no energy solution is problem free, but “if we (Scotland) say no to the domestic production of gas and nuclear energy we are saying yes to something else”- the demand needs to be met regardless of whether the energy is produced in the UK or not. She questioned the moral arguments that it could be acceptable to import shale from elsewhere, while we are not content enough with the level of safety, the security of regulation and its wider environmental impact to do it ourselves (something which was picked up on by Ruth Davidson later that same day in FMQ’s). Professor Lunn advocated a strong public element to discussion, and a robust and well-informed debate around long term energy choices. She also warned against “crisis led” energy policy-making dictated by rhetoric of “fear and shortage”.

housing estate

 

Head of planning at Homes for Scotland, Tammy Adams (@TammyHFS) discussed the delivery of high quality homes in Scotland within the wider planning context. She highlighted the challenges and opportunities for house building, arguing that delivering new homes in Scotland should be “a golden thread” running through the Scottish planning system, and that an effort should be made to better align market realities and site strategy, but maintain flexibility of delivery.

The penultimate session of the morning was delivered by Sara Thiam, director of the Institution of Civil Engineers Scotland. She looked at the role of infrastructure and planning. Sara discussed the potential of devolution to city regions to grow the economy by allowing city regions to plan and build infrastructure which reflects their local social and economic needs. She also spoke about the need to be strategic about infrastructure choices, not just pushing increased finance for infrastructure, but targeting it strategically, investing in green infrastructure where possible, and thinking long-term about projects and desired outcomes.

The morning was brought to a close by event sponsors Terra Firma Chambers who provided some useful insights into  up-to-date case law, including notable cases that many delegates could draw on for their day to day decision making and planning submissions.

spel-3

Image by Rebecca Jackson

The afternoon session opened with a panel session which featured insights from four speakers: Greg Lloyd, Emeritus Professor of Urban Planning at Ulster University; Craig McLaren, RTPI Director of Scotland and Ireland; John McNairney, Chief Planner at the Scottish Government; and John Hamilton, CEO Winchburgh. The discussions focussed on the new opportunities presented in planning in Scotland, including the review of planning, building homes, creating more joined up planning and the planning process more generally. Discussions were wide ranging, generating a lot of interaction both within the panel and between the panel and the delegates. The discussions were wrapped up by a second case law update.

The final presentation of the day was delivered by Steve Rogers, Head of Planning and Regulatory Services at Dumfries and Galloway Council and Chair of Heads of Planning Scotland. He spoke about his experiences with smart resourcing and the importance of leadership in planning.

Overall it was a day full of insight and expertise, which provided everyone who attended with the opportunity to think critically about the state of planning in Scotland from a number of different positions. It posed questions to be considered, allowed delegates to reflect on their day to day practice and highlighted opportunities and potential barriers for planning in Scotland in the future.


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

SPEL Journal is read by decision makers in Scottish planning authorities, planning law practices, planning consultancies, surveyors, civil engineers, environmental managers and developers across Scotland. It is also valued by many practitioners outside of Scotland who need to keep abreast of developments.

 

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

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.

Latest news in Scottish planning and environmental law

spel 175 imageWith a new SNP minority government and the publication of an independent review of the Scottish planning system, 2016 looks like it could herald significant change for the planning profession north of the border.

The review found that there needs to be “a strong commitment to change existing practices and culture, and to re-focus the profession’s improvement agenda”. Whether there is the political will or the capability to take forward some of the more “game changing” proposals remains to be seen. What is certain is that we will see a large amount of soul-searching as to why previous calls for culture change have failed to be realised in practice.

Reflecting on case law

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

A key part of our remit is to provide commentary on significant case law. We also provide a forum for consideration of issues affecting the planning system, from the point of view of solicitors, planners and academics.

Key court cases examined in the June edition include:

  • Quashing of the Aberdeen City and Shire Strategic Development Planning Authority’s ‘Supplementary Guidance – Strategic Transport Fund’
  • Interpretation of performance guarantee bonds, in relation to restoration obligations (South Lanarkshire Council v Coface SA)
  • The Forth Crossing Act 2011: compensation for the temporary possession of land and Certificates of Appropriate Alternative Development
  • Quashing of green belt school permission (St Andrews Environmental Protection Association Ltd v Fife Council)
  • Two cases clarifying protective expensive orders
  • Interpretation of ‘for public use’ and the concept of public benefit (Hunt v Moray Council)
  • The meaning of ‘waste’ and the proper interpretation of ‘recovery’ in the Waste Framework Directive.

There are also articles focusing on:

  • The role of planning in addressing demographic change as seen in the need for retirement housing Greg Lloyd, Ulster University & Wageningen University
  • New guidance on the valuation of land for affordable housing Andrew McCafferty, Andrew McCafferty Associates
  • Commentary on new guidance on improving energy performance and emissions in existing non-domestic buildings Laura L Tainsh, Davidson Chalmers LLP
  • Commentary on recent planning obligation appeals John Watchman, Watchman & Co

Written by a wide range of subject experts, SPEL Journal includes accessible commentary on topical subjects and current issues. Given the Planning Review, there is still much to consider and debate, both within the framework of existing legislation, policy and guidance and in the context of an anticipated programme of further reform in Scotland.


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

SPEL Journal is read by decision makers in Scottish planning authorities, planning law practices, planning consultancies, surveyors, civil engineers, environmental managers and developers across Scotland. It is also valued by many practitioners outside of Scotland who need to keep abreast of developments.

Hot topics in Scottish planning and environmental law

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.

Biodiversity in the UK – it’s not just about habitat protection but how we live our lives

By Morwen Johnson

When we talk about preserving biodiversity many people will assume it’s something that’s only an issue in far-flung places like the Amazon rainforest. England however has at least 55,000 species of animals, plants and fungi, and over a thousand of these are at risk. This includes familiar species such as hedgehogs, red squirrels, the small tortoiseshell butterfly, and birds such as house sparrows and starlings.

Small changes can make a big difference

Protecting habitats is a vital part of conservation – and the UK is lucky to have such diverse landscapes. While sites of special scientific interest (SSSIs), areas of outstanding natural beauty and national parks all provide legal protection for the environment, it’s not all about large-scale conservation. Biodiversity can be supported at the local or neighbourhood level too.

Green infrastructure can help create habitat corridors for wildlife. We wrote recently about a new partnership between the Royal Society for the Protection of Birds and Barratt Developments looking at how the design of new housing developments can be wildlife-friendly. Another industry initiative is the BIG Challenge which encourages developers to add one new biodiversity enhancement to their construction site, development or existing building.

The shift to neighbourhood planning has also given communities more opportunities to improve their local environment. As well as mapping and protecting existing green assets, neighbourhood plans also enable communities to enhance or create new habitat areas.

This grassroots interest in the environment is reflected in other alternative approaches to making conservation relevant to the public, many of whom live in towns and cities.

Headlines were created earlier this year, with the suggestion that London should be rebranded as the Greater London National Park City. Many people don’t realise that 47% of London is already green space and has over eight million trees. The London Assembly has supported the campaign, with Assembly Member Jenny Jones saying in June: “This initiative could ensure that nature is included in every aspect of London’s urban fabric.

Inspiration from further afield can be found in the Rouge National Urban Park which was formally established in Canada in May 2015. A ‘national urban park’ is a new category in Parks Canada’s protected areas alongside national parks, national historic sites and national marine conservation areas.

Biodiversity offsetting

While this is all positive news, there is a potentially different story emerging at the same time. In England, DEFRA consulted on the idea of biodiversity offsetting in 2013. This is a market-based mechanism that aims to compensate for biodiversity loss as a result of development, through conservation activities that deliver an equivalent amount of biodiversity elsewhere. The results of the consultation have still not been published, but it may be that the idea is still on the government’s agenda.

The question of whether a monetary value can be placed on biodiversity or whether one established habitat can just be replaced by another one, is controversial. The British Ecological Society reported on recent research which identified the risks of implementing offsetting without fully understanding the consequences. How the government chooses to take biodiversity offsetting forward will be a key test of the principle of evidence-based policymaking, and their wider approach to the environment.

Social aspects of biodiversity policy

In June 2015 the Scottish Government published Scotland’s Biodiversity: a Route Map to 2020 setting out how the goals in Scotland’s biodiversity strategy are to be achieved. Seven main pressures are identified: pollution, land-use intensification and modification, spread of invasive species and wildlife disease, lack of recognition of the value of nature, disconnection with nature, climate change, and marine exploitation.

Writing in August’s issue of the Scottish Planning and Environmental Law Journal, Professor Colin Reid of the University of Dundee notes that two of the priorities “deal with our relationship with nature rather than direct physical impact.” This suggests an appreciation that protecting our environment “calls for a pervasive change of mind-set as opposed to simply stopping particular harmful activities.”

Professor Reid also says that the focus on actions related to natural capital and greenspace elements reflect a “greater emphasis on the pervasive and social aspects of biodiversity policy.”

A healthy natural environment can only be achieved if regard for nature is integrated into how we live our lives. Biodiversity policy is now making this connection more explicit and the challenge, perhaps, is to ensure that this is reciprocated in other areas, such as planning”.


Reference

Colin T Reid ‘Big steps for biodiversity‘ IN Scottish Planning and Environmental Law Journal, No 170 Aug 2015, p78

Morwen Johnson is Managing Editor of Scottish Planning and Environmental Law Journal.

If you enjoyed this blog, read our other recent articles:

The changing landscape of planning: views from the Scottish Planning and Environmental Law Conference 2015

The Scottish Planning and Environmental Law Journal (SPEL) held its annual conference in Edinburgh on 17th September. This year’s theme was “the changing landscape of planning”.

Rebecca Jackson, 2015

Photo: Rebecca Jackson

The death of strategic planning?

The keynote speech of this year’s conference was delivered by Professor Greg Lloyd, Emeritus Professor of Urban Planning, Ulster University. He outlined a concept of ‘landscapes of planning’, taking delegates on a whistle-stop tour of what he viewed as the four landscapes of modern planning: post WWII; post 1979; post 1997; and post 2011.

This reflected a journey from post-war social democratic principles, to immature new liberalism under Thatcher, to a third way synthesis under Blairite Labour and what he described as ‘pure unadulterated Neoliberalism’ post-recession.

Professor Lloyd argued that we will soon be transitioning into a fifth landscape which may see the ‘de-coupling of capitalism and democracy’; as the state becomes smaller and more interested in pursuing private rather than public interest (he specifically referenced books by Mason, 2015 and Streck, 2014).

He emphasised the need for planners to be aware of these transitions and for the profession to attempt to remove itself from the current path dependent, money driven culture. Otherwise it would result, he argued, in “reactionary, short term planning; the death of strategic planning and the rise of the know nothing school.”

Unconventional gas … a need to build public trust

The second topic of the morning was a discussion about planning’s future relationship with energy, particularly unconventional gas. Public controversy in the UK over fracking has received considerable news coverage in the last few months. The Scottish Government also announced in January a moratorium on granting planning consents for unconventional oil and gas developments, including fracking, while further research and a public consultation are carried out.

Tom Pickering from INEOS Upstream presented on INEOS specific practices, while Sandy Telfer, DLA Piper Scotland, discussed the impact of increased regulation on the contamination of water supply at shale drilling sites in Pennsylvania.

The key thing to come out of these presentations, and the questions from the floor which followed, was the emphasis on education and making information accessible to members of the public to gain their trust on the subject of fracking and horizontal drilling.

Rebecca Jackson, 2015

Photo: Rebecca Jackson

Linking community and spatial planning …”it’s not rocket science”

Following a quick coffee break the next session was delivered by Nick Wright, Principal, Nick Wright Planning and Karl Doroszenko, development planning and regeneration manager at East Ayrshire Council. They spoke on community planning and spatial planning in Scotland and how it should, and can, work effectively to deliver better services for communities.

Nick Wright gave an update on research by the RTPI on the benefit of linking spatial and community planning. This was followed by Karl Doroszenko who spoke about the experience of East Ayrshire Council and the creation of their community planning partnership.

The presentations provided a useful insight for delegates, particularly planners, as to how they could integrate shared planning into their practices. Karl spoke at length about cooperation and the benefit this had on delivering services for the local community in East Ayrshire.

Just before lunch there was the first round up of Planning Case Law delivered by Maurice O’Carroll, Advocate at Terra Firma Chambers.

Priorities and game changers in the next parliament … “planners have an important role to play”

The afternoon session began with Stefano Smith, Vice Convenor of RTPI Scotland, looking at priorities and game changers in the next Parliament. He spoke of the need for planners to discuss and engage with the 2016 election in Scotland. It is planners themselves who need to take responsibility for promoting the importance of planners and planning in order to generate public discussion about the planning system.

He identified 7 key themes which the RTPI believe should shape how planning is approached in the next parliament. He emphasised the necessity for planning to realise its full potential and to work towards key priorities to deliver planning effectively.

Rebecca Jackson, 2015. Stefano Smith addresses the conference.

Photo: Rebecca Jackson, 2015. Stefano Smith addresses the conference.

“We need radical change, centred on land use and management”

Following Stefano Smith, three speakers considered the priority actions of land use and delivering land for new homes in Scotland. Blair Melville of Turley began by outlining the housing situation in Scotland. He commented that planners are using the economy as an excuse not to plan effectively for housing but that this should not be the way forward for planning in Scotland.

Robin Holder, MD of HolderPlanning then reflected on whether planning was helping or hindering the delivery of housing. Housing land supply has been an eternal argument for planners, which has led to a large shortfall in housing supply. He suggested a new approach where there is a move away from regional Strategic Development Plans and Main Issues Reports, which he saw as a drag on the planning process, in favour of local community-based development plans which could be consulted on instead.

Professor David Adams rounded off the discussion and put it to delegates that they should be taking a more radical approach to land use in order to reform planning. He commented that planners need to rediscover the fundamental link between use of land and planning. He looked specifically at the Land Reform Review Group and their suggestions on Compulsory Sale Orders and the creation of a new Housing Land Corporation for Scotland in the proposals being considered currently in the 2015 Land Reform Bill.

Rebecca Jackson, 2015. Speakers take questions from the floor

Rebecca Jackson, 2015. Speakers take questions from the floor

Continuous improvement in the planning system

The final session of the afternoon was given by David Leslie, Acting Head of Planning and Building Standards at Edinburgh City Council who gave his reflections on continuous improvement in the planning system in Scotland and how joint working and innovation in future projects can drive planning forward. He commented that both transformational and cultural improvement is needed to promote effective planning.

Finally there was a second roundup of planning case law delivered by Alasdair Sutherland, an advocate at Terra Firma Chambers.

What is the future of planning in Scotland?

A key message which emerged regularly throughout the day was the question of consultation: how do planners strike the balance between consulting fully with a community and creating a quick planning process which sees decisions reached quickly and clearly.

Another was the question of land in Scotland and how we can maximise its use to help achieve the outcomes set out in the national planning framework.

A third key theme was how local communities can be integrated into the planning system more – are community planning partnerships the way forward or is there another way?

And finally how do we review and evaluate planning – should central government be taking a greater role in ensuring that outcomes are met and concerns of the public are taken into account?

The day provided an opportunity for individuals involved in the planning sector to get together to share ideas and understanding about how planning in Scotland should work and the changing nature and demands of planning. The topics covered drew together a diverse range of themes, and it was good to see delegates and speakers interacting and debating. As the planning process in Scotland continues to adapt to meet new challenges in the future, it’s clear that Scottish Planning and Environmental Law Journal will remain at the forefront of commentary and insight.


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The changing landscape of planning: Scottish Planning & Environmental Law Conference 2015

spel conference image 2By Morwen Johnson

This year’s SPEL Conference is on Thursday 17 September in Edinburgh, and we’re finalising an insightful programme. In a fast moving economic and political environment, the last 12 months has witnessed many developments which impact on the planning system. This year’s conference will provide a space for the planning and environmental law community to discuss and debate these.

Key topics

Key issues to be explored include planning issues around unconventional gas. Public controversy in the UK over fracking has received considerable news coverage in the last few months. Just two weeks ago, the shale gas firm Cuadrilla announced it was to appeal against the decision by Lancashire County Council to refuse permission to drill and frack at two sites in the county (Little Plumpton and Roseacre Wood on the Fylde Coast). The Scottish Government also announced in January a moratorium on granting planning consents for unconventional oil and gas developments, including fracking, while further research and a public consultation are carried out. We’re bringing together representatives from the legal and business viewpoints at the conference to explore the implications.

Another hot topic is how the planning system can ensure the delivery of housing land. Neil Collar from Brodies LLP wrote in the last issue of Scottish Planning and Environmental Law Journal about how planning authorities and developers both have a role to play. From a practitioner point of view, he highlighted that local planning authorities need to address development promotion – not just identifying sites in in plans but taking a proactive approach to delivery, for example addressing issues such as multiple ownership or infrastructure requirements at an early stage. The SPEL Conference will explore this in more depth.

As usual we’ll also be reflecting on national planning policy, and the programme of planning modernisation. We’ve been running the SPEL conference for nearly 20 years and in this time it has gained a reputation for being a forum for open and critical debate about the operation of the planning system in Scotland.

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 and Urban Studies, University of Glasgow
  • David Leslie, Acting Head of Planning and Building Standards, The City of Edinburgh Council
  • Nick Wright, Nick Wright Planning and due to be Convenor, RTPI Scotland in 2016
  • Maurice O’Carroll, Advocate, Terra Firma Chambers
  • Alasdair Sutherland, Advocate, Terra Firma Chambers

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

If you’re interested in planning or environmental law in Scotland then SPEL Conference 2015 is the perfect chance to hear about the latest developments and network with others.


The 2015 Scottish Planning and Environmental Law Conference is on 17 September at the COSLA Conference Centre, Edinburgh.

The full conference programme and booking form are available here.

Morwen Johnson is the Managing Editor of Scottish Planning and Environmental Law Journal.