The new national planning framework: EIR release

Information requested

Information relating to the meaning of the phrase “smaller scale opportunities” in Policy 16 in National Planning Framework 4 (NPF4), and copies of decisions made by the DPEA which made reference to this phrase, since 1 February 2023.

Response

As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

Response to your request

In regard to the first part of your request, for any information relating to the development of Policy 16 in NPF4, while our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exception under regulation 10(4)(e) (internal communications) of the EIRs applies to that information. The reasons why that exception applies are explained in the Annex to this letter.

NPF4 Quality Homes Policy 16 provides limited exceptions for development on unallocated sites, one of which relates to smaller scale opportunities within an existing settlement boundary. NPF4 is to be applied across Scotland and is designed to be read as a whole. In using the phrase ‘smaller scale opportunities’, we recognise that different areas across Scotland have varying situations and contexts and the scale of individual development proposals will be relative to these. With that in mind, the phrase “smaller scale opportunities” is to be interpreted by each planning authority as they see fit for their area.

We are currently progressing associated work which may be of interest to your enquiry. We are preparing updated guidance for Housing Land Audits (HLAs), which are required to be undertaken by planning authorities in Scotland. The guidance is yet to be finalised and published however whilst we have been progressing the work attention has been drawn to the need to be more specific about the definition of “small sites”. I have enclosed a copy of the Issues Paper from a Stakeholder Engagement Workshop, in which page 5 outlines the issues raised. Following this work, the definition of small sites has been proposed as a threshold of 4 units. This is outlined in a copy of the Feedback Paper, which I have enclosed (pages 6 – 8).

The reason we are considering this change is to seek consistency of approach to HLAs, which will support improved monitoring both locally and nationally. It is, however, important to note that HLAs need to be specific and detailed in order to measure / monitor past housing completions and future programming. National policy is more subjective and is to be applied in the appropriate local context. This threshold is therefore specific to HLA guidance only, and is not specified in NPF4.

Turning to your second request, for copies of all decisions made by the DPEA with reference to this phrase, under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. However, for ease, I include links below to all decision notices, since 1 February 2023, which reference this phrase. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

• PPA-140-2092 - Decision Notice - dated 08 February 2023: https://www.dpea.scotland.gov.uk/Document.aspx?id=922057
• PPA-270-2265 - Decision Notice - dated 5 December 2023: https://www.dpea.scotland.gov.uk/Document.aspx?id=983426
• PPA-320-2172 - Decision Notice - dated 12 February 2024: https://www.dpea.scotland.gov.uk/Document.aspx?id=992694
• PPA-340-2154 - Decision Notice - dated 6 November 2023: https://www.dpea.scotland.gov.uk/Document.aspx?id=979833
• PPA-400-2154 - Notice of Intention - dated 4 July 2023: https://www.dpea.scotland.gov.uk/Document.aspx?id=958904
• PPA-400-2154 - Decision Notice - dated 19 December 2023: https://www.dpea.scotland.gov.uk/Document.aspx?id=985090 (Please note that this is for the same case as the above Notice of Intention)

ANNEX
REASONS FOR NOT PROVIDING INFORMATION

An exception under regulation 10(4)(e) (internal communications) of the EIRs applies to some of the information you have requested because it is internal communication between Scottish Government officials regarding the drafting of proposed policy wording. This exception is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release as part of an open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in high quality policy and decision making, and in the properly considered implementation and development of policies and decisions. This means that officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether discussions on the formulation of government policy will be disclosed in the near future, when it may undermine or constrain the government’s view on that policy while it is still under discussion and development.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

FOI 202400401886 - Information Released - Feedback Paper

File type

15 page PDF

File size

424.4 kB

FOI 202400401886 - Information Released - Stakeholder Workshop

File type

13 page PDF

File size

418.5 kB