Open space strategies regulations and play sufficiency assessments regulations - drafts: consultation analysis

Annex A: Main Public Consultation Questions

The full Open Space Strategies and Play Sufficiency Assessments Consultation Paper can be read on the Scottish Government website.

Open Space Strategies Regulations

Consultation Question 1

a) Do you agree with the idea of promoting an outcomes-based approach through the OSS Regulations? Yes/No/No View Any Comments

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An outcomes-based approach means focusing on what the policy should achieve, rather than inputs and outputs. It encourages organisations to work across traditional boundaries, looking at the bigger picture. It is positive and forward-looking, thinking about what type of places we want in the future, and what they can help achieve.

For further information, see paragraphs 14-19 of the Consultation Paper.

b) Do you agree with the suggested outcomes? Yes/No/No View Any Comments

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The proposed outcomes in the draft Open Space Strategies Regulations are:

a) improving access to green infrastructure, open space and green networks,

b) creating successful and sustainable places,

c) improving health and wellbeing,

d) advancing equality and eliminating discrimination,

e) securing positive effects for biodiversity, and

f) mitigation of and adaptation to climate change.

Consultation Question 2

Do you agree with the proposed definition of

a) "open space" Yes/No/No View Any Comments

b) "green space" Yes/No/No View Any Comments

c) "green infrastructure" Yes/No/No View Any Comments

d) "green networks" Yes/No/No View Any Comments

e) "ecosystem services" Yes/No/No View Any Comments

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"open space" means space within and on the edge of settlements comprising green space or civic areas such as squares, market places and other paved or hard landscaped areas with a civic function.

"green space" means space which provides a recreational function, an amenity function, or aesthetic value to the public such as areas of -

(a) grass,

(b) trees,

(c) other vegetation,

(d) water,

but not including agricultural or horticultural land."

"green infrastructure" means features or spaces within the natural and built environments that provide a range of ecosystem services.

"green networks" means connected areas of green infrastructure and open space, that together form an integrated and multi-functional network.

"ecosystem services" means the benefits people obtain from ecosystems.

For further information, see paragraphs 21-22 of the Consultation Paper.

Consultation Question 3

Do you agree with proposed thresholds for open space audits in draft Regulation 4(2)? Yes/No/No View Any Comments

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Draft Regulation 4(2) sets out that planning authorities must audit all open spaces in their area that are 0.2 hectares or greater, and any other smaller spaces that the planning authority considers appropriate to include.

The 0.2 ha threshold is already used in many open space audits as well as the Development Management Procedure (Scotland) Regulations 2013 (in defining Outdoor Sports Facilities). We also recognise there may be smaller spaces that authorities may wish to include, and so flexibility has been provided to allow these to also be included should the authority wish.

The requirement to include these spaces in the audit does not mean a full assessment has to be carried out for each open space.

For further information, see paragraphs 23-27 of the Consultation Paper.

Consultation Question 4

a) Do you agree with suggested information to include about each open space (location, size and type)? Yes/No/No View Any Comments

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Draft Regulation 4(3) requires audits to include for each open space, included in the audit, information on its location, size and type. Digital mapping systems (Geographic Information Systems) can show this information, which is available as part of the Ordnance Survey Greenspace dataset.

We believe these pieces of information are vital in considering levels of provision, and the quantity and accessibility of different types of open spaces.

For further information, see paragraphs 27-33 of the Consultation Paper.

b) Do you agree with Regulation 4(5) on the other information planning authorities may include in the audit? Yes/No/No View Any Comments

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Draft Regulation 4(5) sets out other aspects that planning authorities may include information on:

• accessibility to the public;
• functions of open spaces;
• the extent to which open spaces deliver those functions;
• presence of play opportunities; and
• condition.

This was drafted to reflect advice in PAN 65, reflecting established practice. It provides some flexibility for planning authorities, as to whether or not they provide information on these aspects; or prioritise it for particular types of open space.

For further information, see paragraphs 34-40 of the Consultation Paper.

Consultation Question 5

a) Do you agree with suggested approach to require locality level place based information? Yes/No/No View Any Comments

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Localities are

• electoral wards or
• areas the Council defines that are no greater than 30,000 population.

As part of a place based approach, we believe that as well as the data on individual open spaces, it will be helpful for open space audits to provide information about the overall local authority area and for localities, which is at a more neighbourhood level.

Draft Regulations 4(6) and 4(7) requires open space audits to include statements covering the accessibility, quality and quantity of open spaces and green networks; for the totality in their area and for each locality. This is intended to provide both a high level picture as to the state of open space in each local authority area; and a localised approach to support 20 minute neighbourhoods.

This should help authorities put in place policies and proposals, to ensure greater equity in access to quality open space.

For further information, see paragraphs 41-45 of the Consultation Paper.

b) Do you agree with the three high level aspects that should be covered in these statements 'accessibility', 'quantity' and 'quality'?

Yes/No/No View Any Comments

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People from different backgrounds, different groups, and living in different areas may experience different levels of quantity, quality and accessibility to open spaces and play spaces. Requiring planning authorities to consider the 'quantity', 'quality' and 'accessibility' of open space on a locality basis should help ensure local authorities have information on the amount and quality of open space within local neighbourhoods. This will help authorities to put in place policies and proposals, and to take action to seek to ensure greater equity in access to quality open space.

For further information, see paragraphs 45-46 of the Consultation Paper.

Consultation Question 6

Do you agree with the list of consultees for the open space audit?

Yes/No/No View Any Comments

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The proposed consultees are:

• children and young people, as defined by section 16B(14) of the Planning Act,
• older people,
• disabled people, as defined by section 16B(14) of the Act,
• community councils, established under Part 4 of the Local Government (Scotland) Act 1973,
• the public,
• key agencies, and
• any other person or community body which the planning authority considers to be appropriate, and
• the Green Action Trust, (where a planning authority's area (whether in full or partially) falls within the boundary of the Central Scotland Green Network).
• Key agencies are defined as meaning:
• Historic Environment Scotland,
• NatureScot (meaning Scottish Natural Heritage),
• Sportscotland (meaning the Scottish Sports Council),
• The Scottish Environment Protection Agency,
• Scottish Water,
• Public Health Scotland, and
• Regional Transport Partnerships (established under section 1 of the Transport (Scotland) Act 2005).

For further information, see paragraphs 47-50 of the Consultation Paper.

Consultation Question 7

Do you agree with the Assessment of Current and Future Requirements should

a) have regard to how open spaces and green networks in their area are contributing to the outcomes? Yes/No/No View Any Comments

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The Act requires open space strategies to contain an assessment of current and future requirements.

We think this is an opportunity for planning authorities to consider how well the open space resource in their area helps contribute to the outcomes (in terms of access to open space, place, health and wellbeing, equalities, biodiversity and climate change) and what future changes and requirements might be needed to help deliver on the outcomes.

For further information, see paragraphs 51-52 of the Consultation Paper.

b) be informed by engagement with the groups set out?

Yes/No/No View Any Comments

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The EQIA highlights it is vital that the needs of people from different groups and protected characteristics are taken into account when considering current and future requirements. We believe planning authorities should consider how well the open space resource, and provision of different types of space, across their area meets the needs of the community. The draft Regulations require the Assessment of Current and Future Requirements to be informed by engagement with those consulted on the audit (see More Information under Question 6)

For further information, see paragraphs 53-58 of the Consultation Paper.

Consultation Question 8

Do you agree Open Space Strategies should

a) include a statement setting out how they contribute to the outcomes?

Yes/No/No View Any Comments

b) identify strategic green networks? Yes/No/No View

c) identify how green networks may be enhanced? Yes/No/No View

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For further information, see paragraphs 60-62 of the Consultation Paper

Consultation Question 9

Do you agree with the proposed consultation requirements on draft Open Space Strategies? Yes/No/No View Any Comments

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The draft Regulations set out consultation requirements for draft Open Space Strategies, these require the planning authority to

• publish a draft Open Space Strategy;
• consult the consultees (see More information under Question 6);
• advertise the consultation in one of more newspapers circulating in the area), for two successive weeks, along with details of the date by which any representations must be made to the planning authority;
• hold a 12 week minimum consultation; and
• have regard to any valid representations.

For further information, see paragraphs 63-66 of the Consultation Paper.

Consultation Question 10

Do you agree with the proposed publication requirements for the OSS?

Yes/No/No View Any Comments

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The draft Regulations allow planning authorities to modify the draft OSS, after the closing date for representations, to take account of:

• any timeously made representations or any matters arising out of representations,
• any matters arising in consultation, and
• any minor drafting or technical matters.

The draft Regulations require the planning authority to publish the Open Space Strategy by electronic means (after the minimum 12 week consultation period, the closing date for representations and any modifications have been made).

For further information, see paragraphs 68-68 of the Consultation Paper.

Consultation Question 11

Do you agree the Regulations should set a 10 year minimum review period for updating open space audits and strategies? Yes/No/No View Any Comments

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The draft Regulations require planning authorities to review the open space strategy and publish an updated open space strategy within 10 years beginning on the date of publication of the most recent open space strategy.

The 10 year period links to the 10 year review cycle for local development plans, and is intended to support evidence led plan making.

For further information, see paragraphs 69-70 of the Consultation Paper.

Play Sufficiency Assessments Regulations

Consultation Question 12

Do you agree with the proposed definitions?

"children" Yes/No/No View Any Comments

"localities" Yes/No/No View Any Comments

"open space" Yes/No/No View Any Comments

"play opportunities" Yes/No/No View Any Comments

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"children" means persons under the age of 18 years

"localities" has the meaning given in section 9(2) of the Community Empowerment (Scotland) Act 2015

"open space" has the meaning given in section 3G(4) of the Act,

[This is the same as referred to under Question 2 above], and

"play spaces" means outdoor spaces which are accessible by the public and which offer play opportunities for children.

For further information, see paragraph 75 of the Consultation Paper.

Consultation Question 13

Do you agree planning authorities should map the locations of the two categories of play spaces, and how they are described in draft Regulations 3(2)(a) and (b)?

Yes/No/No View

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The draft Regulations require play sufficiency assessments to show, by means of a map, the location of play spaces for children within its area. It is to identify those play spaces—

(a) which are specifically for play, and

(b) which are within areas of open space and not specifically for play.

Play spaces specifically designed and managed for play are essential in meeting the needs of children to play outdoors, to have fun and to relax. Additionally, valuable informal play opportunities also exist in many open spaces, including natural spaces, woodlands, urban forestry and in some public realm areas. It is well-recognised that increasing children's contact with nature improves their physical and mental wellbeing, and can build resilience. Allowing children to use the natural world can help foster better understanding of nature and the need to protect and care for the environment

For further information, see paragraphs 78-85 of the Consultation Paper.

Consultation Question 14

Do you agree with the proposed requirement to assess play opportunities in respect of their suitability by age groups? Yes/No/No View Any Comments

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Discussions with stakeholders indicated to ensure there is adequate provision for outdoor play for children of all ages, the play sufficiency assessment must identify the play opportunities that are suitable for children of different ages, taking account of children's play needs or play preferences at different stages of their growth and development.

The draft Regulations require that the PSA must describe the play opportunities for all ages of children.

This is not intended to require segregation by ages but to ensure consideration is given to meeting the needs of children of all ages and to help show where potential exclusion may be present, preventing certain ages of children from accessing suitable play opportunities in their area.

We will continue to work with stakeholders and experts in the play sector to provide guidance around how to identify what is suitable for different ages of children.

For further information, see paragraphs 86-90 of the Consultation Paper.

Consultation Question 15

a) Do you agree to the proposed three aspects of assessment - 'accessibility', 'quantity' and 'quality? Yes/No/No View Any Comments and,

b) to provide them in written statements in respect of the totality of the local authority area and at each locality level? Yes/No/No View Any Comments

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Information on the quality, quantity and accessibility of play opportunities, at a local authority area level and for each locality should help inform the assessment of the sufficiency of play opportunities, and in considering whether the everyday play needs and demands of children can be met.

Shared good practice and guidance may offer more details on how to consider, assess and evidence quality, quantity and accessibility. The consultation paper sets out potential indicators that planning authorities may wish to consider in relation to these aspects.

For further information, see paragraphs 91-98 of the Consultation Paper.

Consultation Question 16

a) Do you agree with the requirement to consult as part of the process of carrying out the play sufficiency assessment? Yes/No/No View Any Comments

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We believe meaningful engagement must be integral to the process of carrying out play sufficiency assessments.

We do not intend to specify as to how the engagement should take place or what methodology must be used, only to emphasise that we expect the engagement to take place as part of the assessment process. We encourage sharing good practice and learning in this respect.

For further information, see paragraphs 104-107 of the Consultation Paper.

b) Do you agree with the proposed list of consultees on play sufficiency assessment? Yes/No/No View Any Comments

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The proposed consultees are:

• children,
• parents and carers,
• community councils within the planning authority's area established under Part IV of the Local Government (Scotland) Act 1973,
• the public, and
• any other person or community body which the planning authority considers to be appropriate.

Many stakeholders agree that children themselves know best where they play and what types of play opportunities suit them best. We want to ensure they are engaged in ways so they can properly and meaningfully participate, in line with the United Nations Convention on the Rights of the Child that every child has a right to express their views and have them given due weight in accordance with their age and maturity.

See paragraph 106 of the Consultation Paper.

Consultation Question 17

Do you agree with the publication requirement for play sufficiency assessments? Yes/No/No View

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The draft Regulations require planning authorities to publish the play sufficiency assessment by electronic means. This is intended to ensure it is readily available online, minimising the need for travel to view a printed copy.

We would also encourage planning authorities to consider publishing a child friendly version.

For further information, see paragraphs 108-110 of the Consultation Paper.

OSSPSA Impact Assessments

The OSSPSA Impact Assessments can be read on the Scottish Government website

Consultation Question 18

Do you have or can you direct us to any additional information that would assist in finalising these assessments (BRIA, EQIA, CRWIA, ICIA)?

Consultation Question 19

Please give us your views on the content of these assessments and how they have informed the draft provisions, or if you think changes are needed to the Regulations to further respond to the issues.

Consultation Question 20

Do you agree with the Fairer Scotland Duty screening and our conclusion that full assessment is not required? Agree/Disagree Any Comments

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The Fairer Scotland Duty applies to 'decisions of a strategic nature' – these are the key, high-level choices or plans that the public sector makes. We have considered that the preparation of the secondary regulations themselves would not constitute a strategic decision under the definition in the Fairer Scotland Duty Interim Guidance, and therefore an assessment is not required. However, consideration of potential impacts and benefits for people living on low income or in poverty is set out in the in the EQIA.

For further information, see Appendix F of the Impact Assessments document.

Consultation Question 21

Do you agree with the Strategic Environmental Assessment pre-screenings, that the Open Space Strategies and Play Sufficiency Assessments Regulations are exempt from the Environmental Assessment (Scotland) Act 2005, as the environmental effects are likely to be minimal?

Agree/Disagree Any Comments

[If you consider full assessments are required please suggest any additional sources that could help inform these assessments]

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The Environmental Assessment (Scotland) Act 2005 requires Scottish public bodies or those exercising functions of a public character (Responsible Authorities) to undertake a SEA when preparing plans, if it is likely to have significant environmental effects.

An exemption from the requirements of SEA can be gained for certain plans and programmes where the environmental effects can be shown as likely to be minimal.

We believe these Regulations fall within the scope of this exemption and the pre-screening documents have been prepared

For further information, see Appendix F of the Impact Assessments document.

Consultation Question 22

Any other comments