Local development planning regulations and guidance - draft: consultation analysis

4. Conclusions

4.1.1 To guide the implementation of the changes proposed by the Planning (Scotland) Act 2019 (the 2019 Act), draft Local Development Planning Regulations and Guidance were prepared by the Scottish Government. The consultation began in December 2021 and sought feedback from those who will use the legislation and guidance, plus other interested parties and the wider public.

4.1.2 32 questions were asked about the content of the proposed Regulations and Guidance and the associated Interim Impact Assessments.

4.1.3 A total of 87 responses were received. Respondents were grouped under the following sectors:

• Planning Authority
• Development, Property & Land Management Bodies
• Third Sector
• Key Agency & Public Sector
• Professional & Representative Bodies
• Community & Individuals
• Energy

Main Conclusions

4.1.4 Respondents were generally supportive regarding the proposed Guidance and Regulations, with a series of comments on the detailed wording and around some main recurring issues. There was general support shown for minimal regulation but some key aspects where respondents called for additional regulations.

4.1.5 Both the new Evidence Report and Gate Check stages attracted a significant volume of comments. There were calls for minimum evidence and consultation requirements to be applied to the Evidence Report. Regulations on the scope of the Gate Check regulations would be welcomed by respondents, to establish what can be re-visited at the point of Examination.

4.1.6 Local variation was a recurring concern for all sectors. Respondents sought clarity that policies can be varied from national level to suit local situations. A legal framework was suggested to provide security alongside additional regulatory provisions to define the circumstances which may require a different policy approach in LDPs, and the process by which Planning Authorities are to justify any such deviations from the NPF.

4.1.7 The Thematic Guidance section of the consultation was subject to the highest level of engagement in the consultation process. Clarification was sought around the indicative and prescriptive elements of the guidance that would be difficult to apply across Scotland as a whole. Clarification on requirements of the guidance on issues such as evidence gathering is requested to establish the level of output expected by a planning authority in conjunction with the requirements of the Act.

4.1.8 Climate Change was referenced throughout the consultation as a major consideration for all sectors going forward. Respondents advocated setting targets and requirements.

4.1.9 There was support for the 20-minute neighbourhood (provided clarity on application was provided), infrastructure first and affordable housing approaches in principle.

4.1.10 Respondents welcomed the shift to a design-led, map-based approach to planning in the context of an advanced digital landscape. It was noted that this will require the upskilling of planners to prepare the new style of LDPs. Alongside this the enhancement of existing urban design skills will be required within local authorities to reduce reliance on written policy content.

4.1.11 Across the questions the respondents sought further cross-referencing to other plans and strategies at national, regional and local scale.

4.1.12 Multiple respondents noted that Planning Authorities are operating with minimal funding and resources to support good planning and delivery of development and related projects.