Open Space Strategies and Play Sufficiency Assessments Regulations: consultation

Draft Regulations

Draft Scottish Statutory Instruments

2022 No.

Town and Country Planning

The Town and Country Planning (Open Space Strategies) (Scotland) Regulations 2022

Made - - - - ***

Coming into force - - ***

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 3G(5) of the Town and Country Planning (Scotland) Act 1997(^[20]) and all other powers enabling them to do so.

In accordance with section 275(7BA)(^[21]) of that Act a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement

1. —(1) These Regulations may be cited as the Town and Country Planning (Scotland) (Open Space Strategies) (Scotland) Regulations 2022 and come into force on [ ].

(2) In these Regulations "the Act" means the Town and Country Planning (Scotland) Act 1997.

Amendment of section 3G(4) of the Town and Country Planning (Scotland) Act 1997

2. —(1) Section 3G(4) (open space strategy) is amended in accordance with this regulation.

(2) Before the definition of "green infrastructure" insert—

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

(3) In the definition of "green infrastructure"—

(a) for "of the" substitute "or spaces within the", and

(b) for "and social benefits" substitute "services".

(4) In the definition of "green networks" at the end insert ", that together form an integrated and multi-functional network".

(5) After the definition of "green networks" insert—

"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,

(6) In the definition of "open space" for "green infrastructure" substitute "green space".

Preparation of open space strategy

3. —(1) In preparing an open space strategy under section 3G of the Act, a planning authority must take into consideration how the policies and proposals in the strategy contribute to the outcomes in paragraph (2).

(2) The outcomes referred to in paragraph (1) 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.

(3) The planning authority are to include a statement as to how the open space strategy contributes to the outcomes in paragraph (2).

(4) The planning authority are to identify green networks wholly or partially within their area, which the planning authority consider to be strategic, by reference to a map.

(5) The planning authority are to identify how green networks which are wholly or partially within their area may be enhanced.

Audit of existing open space provision

4. —(1) The requirement for a planning authority to carry out an audit of existing open space provision under section 3G(3)(a) of the Act is to be carried out in accordance with this regulation.

(2) The requirement to carry out an audit of existing open space provision is in regard to—

(a) all open spaces within the planning authority's area which are 0.2 hectares or greater, and

(b) any other open spaces less than 0.2 hectares which the planning authority consider to be relevant.

(3) In respect of every open space under paragraph (2), the audit of existing open space provision is to include information on the—

(a) type of the open space,

(b) location of the open space, and

(c) size in hectares of the open space.

(4) The information required by paragraph (3) is to be presented using GIS based digital mapping.

(5) In respect of open spaces within their area, the planning authority may include information on—

(a) accessibility to the public,

(b) functions of open spaces,

(c) the extent to which open spaces deliver those functions,

(d) presence of play opportunities in open spaces, and

(e) the condition of open spaces.

(6) The planning authority's audit of existing open space provision is to include a statement of—

(a) accessibility,

(b) quality, and

(c) quantity,

for the totality of the open spaces in their area.

(7) The planning authority's audit of existing open space provision is to include a statement of—

(a) accessibility,

(b) quality, and

(c) quantity,

for the totality of the open spaces in respect of each locality within their area.

(8) In assessing the criteria in paragraphs (5), (6) and (7), the planning authority are to seek the views of, and have regard to any views expressed by—

(a) children and young people as defined by section 16B(14) of the Act,

(b) older people,

(c) disabled people as defined by section 16B(14) of the Act,

(d) key agencies,

(e) community councils established under Part 4 of the Local Government (Scotland) Act 1973(^[22]),

(f) the public, and

(g) any other person or community body which the planning authority considers to be appropriate.

(9) In assessing the criteria in paragraphs (5), (6) and (7), a planning authority for an area all or part of which falls within the boundary identified by the Central Scotland Green Network(^[23]) are to consult the Green Action Trust.

(10) In paragraph (8), "key agencies" means—

(a) Historic Environment Scotland,

(b) NatureScot (meaning Scottish Natural Heritage),

(c) Sportscotland (meaning the Scottish Sports Council),

(d) The Scottish Environment Protection Agency,

(e) Scottish Water,

(f) Public Health Scotland, and

(g) Regional Transport Partnerships established under section 1 of the Transport (Scotland) Act 2005(^[24]).

(11) In this regulation, "locality" has the meaning given section 9(2) of the Community Empowerment (Scotland) Act 2015(^[25]).

Assessment of current and future requirements

5. —(1) The requirement for a planning authority to carry out an assessment of current and future requirements under section 3G(3)(b) of the Act shall be carried out in accordance with this regulation.

(2) In assessing current and future requirements, the planning authority is to have regard to how green infrastructure, open space and green networks are contributing to the outcomes listed in regulation 3(2) in respect of —

(a) each locality in their area, and

(b) their area overall.

(3) In carrying out an assessment of current and future requirements under section 3G(3)(b) of the Act, the planning authority are to seek the views of, and have regard to any views expressed by those persons contained in regulation 4(8).

Consultation on draft open space strategy

6. —(1) The planning authority are to publish a draft open space strategy

(2) The planning authority are to consult as respects the draft open space strategy those persons listed in regulation 4(8).

(3) The planning authority shall advertise in each of two successive weeks, in one or more newspapers circulating in its area, notice of the publication under paragraph (1) specifying a date (being a date not less than 12 weeks after the date of publication) by which any representations with respect to the draft open space strategy must be made to the planning authority.

(4) The planning authority must have regard to any valid representations received from anyone consulted under paragraph (2).

Publication of open space strategy

7. —(1) The open space strategy is to be published in accordance with this regulation.

(2) After the date specified by virtue of regulation 6(3) the planning authority may modify the draft open space strategy so as to take account of—

(a) any representations timeously made to them as respects the draft open space strategy (or of any matters arising out of representations so made),

(b) any matters arising in consultation under regulation 6, and

(c) any minor drafting or technical matters.

(3) After the date specified by virtue of regulation 6(3) and after any modifications made under paragraph (2), the planning authority are to publish by electronic means the open space strategy.

Review of open space strategies

8. —(1) The planning authority are to review the open space strategy and to publish an updated open space strategy within the period of 10 years beginning on the date of publication of the most recent open space strategy.

Scottish Statutory Instruments

2022 No.

Town and Country Planning

The Town and Country Planning (Play Sufficiency Assessment) (Scotland) Regulations 2022

Made - - - - ***

Laid before the Scottish Parliament ***

Coming into force - - ***

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 16D(2) of the Town and Country Planning (Scotland) Act 1997(^[26]) and all other powers enabling them to do so.

Citation and commencement

1. These Regulations may be cited as the Town and Country Planning (Play Sufficiency Assessment) (Scotland) Regulations 2022 and come into force on [ ].

Interpretation

2. In these Regulations—

"the Act" means the Town and Country Planning (Scotland) Act 1997,

"children" means persons under the age of 18 years,

"locality" has the meaning given in section 9(2) of the Community Empowerment (Scotland) Act 2015(^[27]),

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

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

"play sufficiency assessment" means the assessment carried out by a planning authority under section 16D of the Act.

Form and content of play sufficiency assessment

3. —(1) The play sufficiency assessment must be a written report, incorporating maps as required in accordance with this regulation, setting out the assessment required under section 16D of the Act by a planning authority of the sufficiency of play opportunities in its area for children.

(2) The play sufficiency assessment must show, by means of a map, the location of play spaces for children within its area and 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.

(3) The play sufficiency assessment must describe the play opportunities for all ages of children.

(4) The play sufficiency assessment must, in respect of each locality within the planning authority's area, include statements as regards the overall—

(a) quality,

(b) quantity, and

(c) accessibility

of play opportunities in that locality.

(5) The play sufficiency assessment must include statements as regards the overall—

(a) quality,

(b) quantity, and

(c) accessibility

of play opportunities in the planning authority's area.

Consultation

4. In preparing the play sufficiency assessment the planning authority must consult—

(a) children,

(b) parents and carers,

(c) community councils within the planning authority's area established under Part IV of the Local Government (Scotland) Act 1973(^[28]),

(d) the public, and

(e) any other person or community body which the planning authority considers to be appropriate.

Publication

5. The planning authority are to publish the play sufficiency assessment by electronic means