Green Freeports - Planning and Other Consents: National Protocol

Introduction

A Green Freeport is a large zoned area within a defined boundary which includes a rail, sea or airport. Operators and businesses in the zone can benefit from a package of tax and other incentives through a combination of devolved and reserved levers. 

Green Freeports are required to contribute to four key policy objectives:

• promoting regeneration and high-quality job creation
• promoting decarbonisation and a just transition to a net zero economy
• establishing hubs for global trade and investment
• fostering an innovative environment

Green Freeports are designed to boost innovation and inclusive growth within communities, while supporting Fair Work First practices, creating new green jobs, upholding the highest environmental protections and supporting economic transformation.

Site specific information

For each Green Freeport, site specific information will also be provided to accompany this national protocol. This will include:

• maps showing the boundaries of relevant tax sites, customs sites and seed funding projects to which the protocol applies
• a list of the developments proposed that require planning permission and/or other consents, showing clearly which tax sites, customs sites or seed funding projects they relate to, and the likely phasing of applications. This list will be updated with any significant changes, including where site plans evolve with new market information, as necessary
• named contacts for the planning authority or authorities and any other consenting bodies; developer/landowner; relevant key agencies
• a link to the planning authority/authorities’ scheme of delegation/ service standard

Protocol

Partners recognise and welcome the significant economic, social and environmental benefits that can be generated by the designation of Green Freeports in Scotland. This protocol is a non-statutory framework committing all partners to work together to facilitate the planning process, and also wider associated consenting processes, in tax sites, custom sites and seed funding projects of designated Green Freeports.

The developments which come forward within the Green Freeports will be varied in scale, nature and location and some projects will be more complex than others. In some instances planning permission and other consents will already be in place to enable developments within Green Freeports to be considered in a timely manner. Permitted development rights, which were amended in 2023 to take account of Green Freeports, will enable certain types of development to come forward without the need for a planning application. In other cases, consenting whether under the Planning Acts (including Listed Building Consent and Hazardous Substances Consent) or other legislation (Harbour Revision Orders, Marine Licensing) will require commitment to efficient processing and joint working in order to deliver economic and other benefits expeditiously.

Planning decisions will continue to be made under the legislative framework, in accordance with the development plan, unless material considerations indicate otherwise. Wider consenting decisions such as roads consents and marine licensing consents will continue to be made in accordance with the established regulatory frameworks and will also require commitment to efficient processing and joint working.

All partners will be active in undertaking to:

• work constructively, in the spirit of the Place Principle and the six spatial principles of the National Planning Framework 4, to deliver shared outcomes and the best results most efficiently;
• recognise that some new developments will be brought forward by applicants who are unfamiliar with the consenting process, timescales, requirements and terminology;
• use shared evidence to help inform decision making, engaging at an early stage to identify information requirements for particular proposals, understanding responsibilities for sourcing and communicating/mapping such information, and making evidence readily available, also recognising that some information requirements may become more detailed as the application progresses through different stages;
• ensure understanding of the importance of, and facilitate, early screening of proposals to assess whether Environmental Impact Assessment and/or Habitats Regulations Appraisal is required and facilitate appropriate scoping discussions;
• draft and support a processing agreement[1] (or other project management approach)  as a basis for project managing the consenting processes with an agreed timeline for all stages in the application processes including associated legal and other agreements and discharge of conditions;
• ensure there is clarity on the mechanism for funding and delivery of any necessary infrastructure before permissions are granted;
• include provision for determining planning applications for local developments within 2 months and major and national developments within 4 months where those applications are not subject to legal agreements, and ensuring that where applications are subject to legal agreements that committee or delegated decisions are taken wherever possible within those respective 2 and 4 month periods; more complex applications may require longer timescales – these should be set out through the processing agreement;
• commit to working as quickly and efficiently as possible to ensure that regulatory applications are determined within agreed timescales

Councils will undertake to:

• alignment of local authority consents processes;
• actively engage with developers and provide prompt, robust pre-application consultation advice. For major and national developments this will include advice prior to receipt of a proposal of application notice[2];
• actively engage with other parties, including non-statutory consultees as appropriate.
• provide a senior officer contact for each Green Freeport to own the process, as per each authority’s Scheme of Delegated Approval for Planning and a lead officer contact in relation to planning for each application. The senior contact will act as a contact point to support resolution of any post consent issues on implementation;
• co-ordinate a pre-application process to clarify and check information requirements with the developer, and statutory consultees where appropriate, to ensure efficient validation, processing and assessment of applications;
• agree reasonable and final dates for consultee responses and make contact with consultee lead officials in the event of a deadline not being met;
• review processing agreement dates with developer within four weeks of application validation;
• engage in pre-application and pre-determination dialogue to agree any necessary conditions with the developer and consideration of developer contributions including early preparation of legal agreements where appropriate.

Other relevant consenting bodies will:

• commit to efficient processing and joint working, to achieve timely decisions in accordance with the established regulatory frameworks;
• provide a senior officer contact for each Green Freeport to own the process, e.g. within Scottish Government Planning Decisions, Transport Scotland or Marine Directorate as appropriate.

Statutory consultees / agencies will:

• provide a senior officer contact for each Green Freeport to own the process and a lead officer contact for each application;
• support a co-ordinated approach to pre-application consultation and discussion, both for planning and regulatory consenting, including providing early clarity around information requirements;  
• agree and adhere to reasonable dates for agency responses and contact local authority lead officials in the event of deadlines not being met.

Developers / applicants will:

• enter into pre-application discussions with Councils and statutory agencies, where appropriate, in a timely manner;
• engage in meaningful and proportionate community engagement[3] at the pre-application stage;
• ensure that information sought by planning authorities, key agencies or other consenting bodies for applications is provided in the submission of those applications and is of high quality;
• ensure that any supporting information and data subsequently requested is provided in a timely manner and is also of high quality;
• consider reasonable requests in drafting legal agreements or developer contributions;
• discuss and agree provision of information to inform Habitats Regulations Assessment, including likely survey requirements, as the earliest possible opportunity.

Scottish Government will:

• engage with other partners and provide support where necessary;
• commit to process applications efficiently where Scottish Ministers may exercise their power to call in a planning application because it raises matters which merit ministerial scrutiny.

August 2024