Climate Change Act – Section 72: thirteenth annual report

4. Operation and Effectiveness

Operation

4.1. While Section 3F is in force, the Scottish Government will continue to make representations on proposed local development plans that do not contain policies including the three elements identified in Section 3.

4.2. The new planning regime for local development planning, triggered by the adoption of National Planning Framework 4^[3] (NPF4) will be in force later this year (2023). Regulations and guidance for local development plans flowing from the Planning (Scotland) Act 2019 will be put in place, having already been consulted upon during 2022.

4.3. The new requirements will streamline the local development planning system, removing the previous Main Issues Report stage (as such this report does not include analysis of numbers of local development plans at Main Issues Report stage, unlike previous reports). The new Evidence Report stage is unlikely to need to reflect on Section 3F, as the monitoring requirements for the legislation fall to the Scottish Government and Section 3F is mandatory for the development plan, rather than a matter which requires evidence to inform spatial options.

4.4. The Planning (Scotland) Act 2019^[4] makes the National Planning Framework (NPF) part of the statutory development plan, meaning that it can be used to inform decision making on planning applications. This has the potential to streamline planning policy across the country. However, the provisions of Section 3F and Section 15 (about form and content of local development plans) of the 1997 Act still need to be applied by planning authorities in the preparation of local development plans.

4.5. Planning authorities may wish to consider the policy approach identified in research^[5] commissioned by the Scottish Government and published in 2021. The research proposes that the approach closest to the requirements of Section 3F, does not specify on the face of the policy an increase in the proportion of greenhouse gas emissions to be saved. The Scottish Government routinely makes representations on proposed local development plans where the Section 3F policy does not include one or more of the three elements considered necessary to comply with Section 3F. Ultimately it is for the planning authority to be confident that its proposed local development plan is legally compliant.

4.6. Many planning authorities paused progress on the first stage of the development planning process (publication and consultation of the Main Issues Report) because of the review of NPF. A small number of planning authorities that were further through the local development plan review process continued to progress towards adoption. Given this and the changes to the development planning system soon to be in force, the reporting on implementation of Section 3F has been slimmed down compared to that of previous annual reports.

4.7. Paragraphs 4.8 and 4.10 as well as Table 1 identify the number of adopted (in force) local development plans and the number of forthcoming plans (proposed local development plans) that appear to contain a policy which responds to Section 3F. As with previous annual reporting, this remains the majority of local development plans.

4.8. Number of adopted local development plans with a Section 3F type policy as of 15 February 2023:

• Section 3F policy – 32
• No Section 3F policy – 2

4.9. Notes on paragraph 4.8: There are 32 planning authorities plus two National Park Authorities with planning functions. There are more development plans than there are planning authorities because some local authorities have more than one local development plan. The East Ayrshire Minerals Local Development Plan is within the scope of Section 3F but is not counted here as it relates only to minerals. One local development plan was adopted in March 2010 so predates the coming into force of Section 3F but is counted as an adopted plan. The Highland Council has the Highland-wide Local Development Plan (counted) which is supplemented by three adopted Area Local Development Plans which are not counted as they are used in conjunction with the Highland-wide Local Development Plan.

4.10. Number of proposed local development plans in progress and including a Section 3F policy but not yet adopted as of 15 February 2023:

• Section 3F policy – 6
• No clear Section 3F policy – 1

4.11. Notes: West Dunbartonshire Council has two proposed local development plans, one will not be adopted but the Council's website is clear that it may be used as a material consideration for decision making. A more recent proposed local development plan is progressing. It is this later plan that is counted in paragraph 4.10. The second Highland Council Inner Moray Firth Area Local Development Plan is progressing but is not counted as it would be read alongside the Highland-Wide Local Development Plan once adopted.

Notes on Table 3. This table is created from information contained in Table 3 of the 2022 Twelfth Annual Report^[6] plus data from this year reported earlier in this report.

Effectiveness

4.12. Paragraph 4.13 shows the number of adopted Section 3F policies that use low and zero-carbon generating technologies as a means to: achieve building regulations emissions standards; go beyond them; to support proposals that meet and also that go beyond building regulations; and those policies where it is not clear how the policies relate to building regulations emissions standards.

4.13. Typology of adopted local development plan Section 3F policies:

• Type 1 - 26
• Type 2 – 0
• Type 3 – 2
• Type 4 – 4

4.14. Notes on paragraph 4.13. Type 1 policies use Section 3F as a way of achieving emissions standards set by building regulations. Type 2 policies use Section 3F as a way of exceeding emissions standards set by building regulations. Type 3 policies are a blend / hybrid of Types 1 and 2. Type 4 policies do not fall clearly within types 1, 2 or 3.

4.15. The policies in development plans inform the design approaches to the buildings proposed in planning applications. This is because decisions on planning applications in the planning system are based on the development plan in the first instance, in addition to material considerations relevant to the application. This means that building designers consider how their proposals help achieve the policy aims of the development plan. Designers will also need to consider how their proposals will achieve the requirements of building regulations to avoid needing to amend designs that have already secured planning permission.

4.16. It is for the relevant planning authority as the decision maker to reach a decision as to whether the proposed development accords with the development plan and the effect of material considerations they identify on the decision.

4.17. As reported in previous annual reports, research^[7] published in 2016 (commissioned by the Scottish Government) in relation to Section 3F, found that for reducing emissions, building regulations were the driving force, rather than Section 3F polices. This annual report does not present evidence to alter that research finding, although Section 5 identifies the progressive approach to emissions reduction set out in NPF4.

4.18. In line with previous annual reports on Section 3F, take up of the legislation within local development plans remains high as demonstrated in paragraph 4.8 and Table 1, and the approach is therefore considered to be effective.