Planning system - promotion and mediation: draft guidance - consultation

Introduction

1. This consultation paper relates to the introduction of guidance on the promotion and use of mediation in the Scottish planning system.

2. The draft guidance is part of our wider work on planning reform and implementation of the Planning (Scotland) Act 2019, including steps to reduce conflict, improve community engagement and build public trust in planning matters. Other measures, also enabled by the 2019 Act, include: enhancements to community engagement in local development plans; the introduction of a right for community bodies to prepare Local Place Plans; and amendments to legislation around pre-application consultation with communities on major and national planning applications. The Scottish Government has already consulted on amendments to pre-application consultation arrangements and will consult on secondary legislation for the development of Local Place Plans in early 2021.

Mediation and alternative dispute resolution

3. Mediation is one of a range of techniques sometimes labelled as ‘alternative dispute resolution (ADR)’ which can include facilitation, conciliation and arbitration as well as mediation. These techniques can be used to help to build bridges between stakeholders and resolve issues of dispute. Generally, mediation is a process involving an independent third party, whose role is to help parties to identify the real issues between them, their concerns and needs, the options for resolving matters and, where possible, a solution which is acceptable to all concerned.

4. The Scottish Government has been supportive of the use of mediation, and other ADR techniques, particularly in the area of access to justice^[1]. This has included work to encourage the use of resolution services like 'mediation' and 'arbitration' which can be cheaper and less time consuming than going to court.

5. Examples of the use of mediation can also be found in a range of areas including:

• the workplace^[2];
• peer to peer mediation for children^[3];
• family situations^[4];
• community / neighbourhood situations^[5].

Mediation in planning in Scotland

6. There have been suggestions of a role for mediation to form part of the Scottish planning system for a number of years. Modernising the Planning System^[6] (2005) indicated the then Government’s intention to examine the scope for introducing a mediation pilot project. Research based around that pilot study and supporting the use of mediation in planning was undertaken in 2010. In August 2011 the Government published an Output Paper which brought together some of the lessons from the Scottish Government’s mediation pilot project and the three completed case studies.  A copy of the paper is included in the supporting documents accompanying this consultation on Citizen Space.

7. A Guide^[7] on mediation in planning in Scotland, commissioned by the Government and produced by Core Solutions, was also published in 2009. The purpose of the guide was to help those involved in the planning system in Scotland better understand how mediation could be used to enhance the planning process. The use of mediation was also endorsed in Planning Advice Note 3/2010: Community Engagement^[8].  It recognises that mediation can be used to help to build bridges between stakeholders and resolve issues of dispute with the aim that the various parties understand each other and try to reach an agreement that everyone can live with.

8. Scottish Planning Policy^[9] supports the use of mediation, with innovative engagement approaches tailored to unique circumstances Mediation is also recognised as a potential dispute resolution method when considering compensation for land which is compulsorily purchased^[10].

Mediation and The Planning (Scotland) Act 2019

9. In 2016, the report of an independent panel’s review of planning, Empowering planning to create great places^[11] considered the role of mediation, primarily in development planning. This led to a consultation question in Places, People and Planning^[12] exploring whether professional mediation could support the process of allocating land at the Development Plan Examination. In addition, it noted that, if necessary and appropriate, consideration could be given to using professional mediation to further resolve any issues arising at the proposed Gatecheck stage. The analysis of consultation responses^[13] noted that there was not overwhelming support for the use of mediation, although 63% of civil society and 63% of business sector respondees supported the use of professional meditation in the process of land allocation. Whereas 53% of policy and planning and 61% of development industry respondees disagreed with the use of professional meditation in the process of allocating land.

10. At Stage 3 of the Scottish Parliament’s consideration of the Planning (Scotland) Bill, an amendment was passed by the Parliament requiring the Scottish Ministers to introduce guidance on the promotion and use of mediation. This subsequently became section 40 of the 2019 Act, inserting section 268A into the Town and Country Planning (Scotland) Act 1997 (the 1997 Act).

11. The provision states that Scottish Ministers may issue guidance on the promotion and use of mediation in the Scottish planning system. It also requires that Ministers must issue such guidance within the period of two years beginning with the date on which the 2019 Act received Royal Assent, namely by 25 July 2021. Further discussion on this section of the 2019 Act can be found below.

12. The relevant provisions of the Act are repeated in full in Annex A of the Draft Guidance. The requirements include:

• Ministers may issue guidance in relation to the promotion and use of mediation in relation to the following:
• the preparation of local development plans and related evidence reports;
• pre-application consultation;
• assisting in the determination of an application for planning permission; and
• any other matter related to planning that Ministers consider appropriate.
• Guidance may include:
• the form of mediation that is to be used in a particular circumstance; and
• the procedure to be followed in any such mediation.
• Local authorities must have regard to the guidance.
• Defining “mediation” to include any means of exploring, resolving or reducing disagreement between persons involving an impartial person that Ministers consider appropriate.

Objective

13. The intention of the guidance is to support one of the overarching themes of the review of planning - collaboration over conflict. The focus of the draft guidance is on identifying where there may be value in using mediation in the planning system in areas where there is some potential for conflict or disagreement.

The Draft Guidance

14. Mediation is a voluntary process, generally between two parties, which can be facilitated by a third, independent party. The thrust of the draft guidance is therefore aimed at promoting the use of mediation rather than requiring its use and, as set in the definition of mediation in the 2019 Act, as a means of exploring, resolving or reducing disagreement between persons.

15. In advance of preparing the draft guidance, the Scottish Government supported Scottish Mediation / PAS in preparing proposals for the promotion and use of mediation. Those draft proposals were subsequently tested in an online survey. Their proposals paper is included in the accompanying documents online.

16. In addition, the draft guidance reflects upon the work of Core Solutions in developing the Scottish Government’s Guide to the Use of Mediation in the Planning System in Scotland and the outputs from research into mediation published in 2011.

17. The proposed draft guidance is contained in Annex A of this paper. The following section provides narrative around the draft guidance.

General Matters

What is Mediation

18. The 2019 Act defines “mediation” to include any means of exploring, resolving or reducing disagreement between persons involving an impartial person that Ministers consider appropriate.

19. In term of this draft guidance, the definition of ‘mediation’ therefore relates to processes which include the involvement of an impartial person rather than relying on the parties involved using mediation / facilitation style skills themselves.

20. In its proposal paper, Scottish Mediation / PAS suggested that there were two frameworks around mediation and defined them as ‘informal’ and ‘formal’.

Informal Mediation opportunities - planners and other relevant stakeholders taking a mediation-style approach in their work in appropriate situations.

Formal Mediation opportunities - mediation is carried out by trained and experienced mediators when this is considered necessary.

21. For the terms of the guidance, we will use the terms ‘informal mediation’ and ‘mediation’ with the latter relating to the statutory definition in the 2019 Act.

22. With regard to the process of mediation, it can be a flexible process but may involve the following:

Stage 1: Identifying the need for mediation: one or more parties recognise that there is scope for an impartial person to assist them in exploring, resolving or reducing disagreement about a particular matter. Parties agree to mediation and identify an impartial person to assist.

Stage 2: Preparation: The person acting as the mediator may contact the parties in advance of the meeting to discuss and agree the procedures. This also gives the mediator an opportunity to begin to understand the parties concerns.

Stage 3: Scene Setting: Mediation typically involves a face-to-face meeting between the parties, though there is scope for this meeting to be held online if necessary. The mediator and the parties will typically have an opportunity to set out their positions in opening statements.

Stage 4: Understanding the issues: With the assistance of the mediator, there is scope for the parties to begin to explore the issues which underpin their positions. This is also the point where possible solutions may begin to emerge. It should be noted that it is not the role of the mediator to promote particular solutions but it will be for the parties themselves to generate and agree them.

Stage 5: Coming to a resolution: Following the discussions about potential solutions, there is an opportunity for the parties to set out what has been agreed. If this is simple to set out, it may happen at the time of the meeting. However, there may be scope for the mediator to prepare the agreement over the following days and for this then to be signed off by the parties. There may be instances where parties may not reach a formal agreement but the opportunity to discuss and understand the other parties position may be a valuable outcome.

23. In terms of the use of online and face-to-face mediation, the partial EqIA accompanying this consultation paper notes that there may be circumstances where the use of either method may have a differential impact on people with particular protected characteristics. Additionally, any final guidance will need to take into account any public health guidance on face-to-face meetings in place at the time. Scottish Mediation has prepared a paper^[14] which sets out some of the advantages and disadvantages of using a range of online technologies.

When to mediate

24. A number of opportunities in the planning system have been suggested for the use of mediation. The Scottish Government’s Guide to the Use of Mediation in the Planning System in Scotland suggests that there may be scope to mediate:

‘Potentially at all stages of the system, but in particular in development planning and pre-application in order to build consensus and reduce objections, and post-rejection of an application in order to resolve issues before any fresh application is made.’

25. The Scottish Mediation / PAS survey questions focussed on the potential scope to mediate at early points in the relevant planning processes, it concluded:

‘Whilst we still believe that mediation should be encouraged mainly in the early stages of any planning process, and that guidance is required to support stakeholders to understand when it might work best, based on our consideration of the responses we now also believe that mediation should be accessible when there is a conflict at any stage of the planning process.’

26. There is potential scope for mediation to be initiated by a number of parties. In planning matters, parties might include community councils, planning officials, developers / applicants, key agencies, and interested third parties.

27. When asked in the Scottish Mediation / PAS survey to suggest areas where mediation could be used in the planning system, there was not a clear call for mediation in any specific areas under development planning. However, there were a number of references to the use of mediation in enforcement.

28. Rather than consider the potential for mediation across all aspects of the planning system, we are proposing initially to focus on specific elements of the development planning and development management processes where: they were identified in the Scottish Mediation / PAS paper; and there appears to be the potential for disagreement between parties and mediatory action could provide for the exploration, resolution or reduction of such disagreement.

29. These are namely:

Development Planning: Development Planning Schemes / Gatecheck and Development Plan Examinations

Development Management: Proposal of Application Notices / Pre-Application Consultation

30. This does not mean that mediation could not be used successfully in other areas of planning, and could be undertaken outwith the scope of this draft guidance. We would be keen to hear people’s views on other areas of the planning system where guidance could be introduced, particularly where they have practical knowledge / experience of its use.

Q1. Have we got the range of areas to which the mediation guidance should cover right?

• Yes
• No
• No view

Please comment on your answer (particularly if you do not agree)

Policy support for the use of mediation

31. As noted above, there is already reference to mediation in Scottish Planning Policy - the Scottish Government’s document setting out national land use planning policies. It supports the use of mediation, with innovative engagement approaches tailored to unique circumstances.

32. As part of the wider work on planning reform, the Scottish Government is reviewing national land use planning policies. The outcome of the revision will lead to Draft National Planning Framework 4, due to be consulted in Parliament in Autumn 2021. The analysis of the responses to the National Planning Framework 4 Call for Ideas^[15] makes reference to the use of mediation in dispute resolution in considering housing numbers. Additionally the Scottish Mediation/PAS survey suggested that around 73% of respondents agreed/strongly agreed that National Planning Framework 4 should provide a policy framework for the use of mediation.

Q2. Do you agree with the suggestion to maintain policy support for the use of mediation in National Planning Framework 4?

• Yes
• No
• No view

Please comment on your answer (particularly if you do not agree)

Raising the visibility of mediation

33. Whilst noting the value of the 2009 guide to the use of mediation in the Scottish planning system, the Scottish Mediation / PAS report recommended the importance of making mediation as visible as possible in the planning system. It recognised that mediation has always been possible within the planning system but is in practice rarely used.

34. The survey accompanying the report asked respondents whether a standalone mediation guide would be sufficient to raise the visibility of mediation. Of those who responded, around 19% agreed/strongly agreed whereas 54% disagreed/strongly disagreed.

35. A number of the areas suggested for mediation are subject to further change through future implementation of the provisions in the 2019 Act.  The Scottish Government will consider further how to raise the visibility of mediation in other areas of the reformed planning process as guidance and practice develops over the next few years.

The cost of mediation

36. In considering access to civil justice, research literature on mediation suggests that rates of agreements seem to be consistent across diverse forms of mediation and service types (about 50-85%), and that there is high client satisfaction rate with mediation. It does however go on to note that the overall cost effectiveness of mediation is unclear.^[16]

37. In developing the Business and Regulatory Impact Assessment (BRIA) accompanying this consultation paper, it has been a challenge to assess the potential resource implications to parties of mediation in terms of both costs and time. Some information is available from searches of the internet about the costs of mediation and these have been set out in the BRIA. These would suggest that the use of mediation may lead to a small increase in overall costs to parties but that the benefits of removing some conflict from the system may be more difficult to assess at this point.

38. There are a number of free mediation services available in Scotland. These include the community mediation services provided by Sacro (see footnote 5). There are also court based mediation services run by the Edinburgh Sheriff Court Mediation Clinic (including Edinburgh and Livingston Sheriff Courts) and by the Strathclyde Mediation Clinic (including Glasgow, Paisley, Kilmarnock, and Falkirk Sheriff Courts). Scottish Mediation^[17] operate a public Helpline to provide information about mediation and to connect parties to registered mediators. They also carry out work on training school students and teachers to enable the provision of mediation in schools.

39. There remains the matter of who pays for the mediation. The Scottish Mediation / PAS paper noted that respondents to its survey suggested a range of different funding options for mediation, many of which were a mixed model with part national, local and developer funding.  It noted that if there is no clear route to funding, the option exists for all parties in a mediation process to fund the process equally. However, it expressed concern that this has the potential to exacerbate existing resource and power inequalities within the planning system.

40. We would like to build up more of a picture of current practice in mediation in planning / built environment around the costs to all parties. This should include other resource issues such as staff costs. We would also like to hear about your positive experiences of mediation, for example where it has broken a dispute or saved money / time.

Q3. Please tell us about your experience of using mediation including any financial / non-financial costs incurred. Please set out also how any costs were shared between the parties.

The potential role of mediation in development planning

41. The Scottish Mediation / PAS online survey suggested a number of opportunities in the development planning system to embed mediation. Those which received support were:  the inclusion of mediation in guidance on Development Plan Schemes; in early engagement / at the gatecheck; and at Development Plan Examinations.

Development Plan Schemes / Early Engagement

42. Section 20B of the amended 1997^[18] Act requires each planning authority to prepare a Development Plan Scheme (DPS) at least annually. The scheme is to set out the authority's programme for preparing and reviewing their LDP and what is likely to be involved at each stage. It should contain three elements as set out in section 20B(4):

(a) proposed timetabling;

(b) details of what is likely to be involved at each stage; and

(c) an account (referred to as an authority's “participation statement”) of when consultation is likely to take place and with whom and of its likely form and of the steps to be taken to involve the public at large in the stages of preparation or review.

43. Circular 6/2013: Development Planning^[19] notes that the DPS must include a Participation Statement stating when, how and with whom consultation on the plan will take place. Scottish Ministers currently expect Participation Statements to contain a range of innovative techniques and activities for consulting stakeholders, tailored to local circumstances and the issues being dealt with in the plan.

44. There is currently no requirement to consult on the content of development plan schemes. However, a new section 20B(4A) is to be inserted into the 1997 Act and will require that in preparing their development plan scheme the planning authority is to seek the views of, and have regard to any views expressed by the public at large as to the content of the participation statement.

45. In order to encourage the use of mediation in the development plan system, the Scottish Government is proposing to amend its guidance to planning authorities to make specific reference to mediation as one of the range of techniques and activities for consulting stakeholders.

Q4. Do you agree with the proposal that the Scottish Government’s guidance on Development Plan Schemes should reference the use of mediation as one of a range of innovative techniques and activities for engaging stakeholders to be considered in the planning authority’s participation statement?

• Yes
• No
• No view

Please comment on your answer (particularly if you do not agree)

46. The Scottish Mediation / PAS survey suggested that 86% of respondents agreed that there may be scope for the guidance on DPS to include reference to mediation. Whilst the survey doesn’t reflect further on the circumstances, there may be limited opportunity for conflict and therefore a limited role for mediation in sections 20B(4)(a) and (b). However, there may be scope for mediation to form a part of the planning authority’s engagement strategy as set out in its participation statement.

47. In light of the above, we would suggest that there is scope for planning authorities to consider and set out, in light of the local circumstances, the role that both informal mediation and mediation may have to play in its engagement strategy as set out in the participation statement. As the DPS is refreshed annually, there is scope for the potential role of mediation to change over the course of the period of plan preparation.

Q5. Do you agree with the proposal that planning authorities should consider the use of mediation when preparing the participation statement element of their Development Plan Schemes?

• Yes
• No
• No view

Please comment on your answer (particularly if you do not agree)

Gatecheck

48. The 2019 Act will introduce new requirements on a ‘Gatecheck’. Section 16B(1) will require that, a planning authority, before preparing a local development plan, is to prepare an evidence report. This stage aims to ensure that plans are informed by appropriate evidence and that it is transparent and subject to early scrutiny through a gatecheck.  The detailed requirements and associated guidance is currently in development.

49. The Scottish Mediation / PAS survey sought respondents views as to whether mediation should be encouraged at both the early engagement and gatecheck stages of the development plan process. Over 82% of respondents agreed or strongly agreed. Differing views were expressed in the comments ranging from mediation allowing for the consideration of opposing views and determination of the best way forward to concerns that there is currently a lack of clarity on the ‘gatecheck’.

50. We agree that, whilst the ‘gatecheck’ may be a good opportunity to introduce mediation, that further clarity is required on its workings before making any final decision. As the ‘gatecheck’ will not form part of the development plan process until 2022 we do not currently plan to include that in the guidance but will consider the scope of the use at a more appropriate time. We will also factor this in to our ongoing work to develop more detailed guidance, and potentially regulations, relating to the gatecheck.

Q6. Do you agree that the Scottish Government should further investigate the potential role of mediation at the gatecheck stage?

• Yes
• No
• No view

Please comment on your answer (particularly if you do not agree)

Reducing conflict in the Development Plan Examination

51. A Proposed Local Development Plan sets out the proposed policies^[20] that would be used to assess planning applications and identifies development opportunities across the local authority area.  The Local Development Plan should represent the planning authority's settled view as to what the final adopted content of the plan should be. Planning Advice Note 3/2010: Community Engagement currently suggests that planning authorities should seek to resolve differences and build support for the proposals through discussion and negotiation prior to the publication of the proposed plan.

52. Following the close of the period for representations on the Proposed Plan, planning authorities may make modifications, but only so as to take account of representations, consultation responses or minor drafting and technical matters.

53. Development Plan Examinations are intended as the principal means of independently examining any unresolved issues arising from representations on proposed local development plans, examining any unresolved issues raised in any representations. There may be an opportunity for mediation to reduce the number of unresolved issues prior to the development plan examination at this point.

54. The planning authority must prepare a summary of unresolved issues in the manner prescribed in Regulation 20 and Schedule 4 of the Town and Country (Development Planning) (Scotland) Regulations 2008^[21].

55. The Planning and Environmental Appeals Division has suggested that there are a wide range of matters which are covered by Schedule 4 forms, examples include: complying with Scottish Planning Policy, renewable energy proposals and housing land supply. Bodies / persons which make representations included: individuals; community councils; individual developers; industry representative groups; plus the Scottish Government and its agencies. Some examples of Schedule 4 forms are included for information: East Ayrshire Council^[22], Scottish Borders Council^[23], and West Dunbartonshire Council^[24].

56. Circular 6/2013^[25] currently suggests a typical time period of five months for the preparation of the documentation for the development plan examination. Regulations and guidance will however be updated to reflect the wider changes to development planning arising from the Planning (Scotland) Act 2019. This includes a new requirement for planning authorities to produce a report on the modifications made and the reasons for making them, when submitting the plan to Ministers. In the meantime, we would be interested in respondent’s views as to whether mediation at this stage in the process is likely to reduce the number of issues carried forward into the development plan examination, and include their thoughts on the potential impacts of timings at this key stage in plan development.

Q7. Do you agree with the proposal that the Scottish Government guidance should encourage the use of mediation between parties in advance of the development plan examination stage?

• Yes
• No
• No view

Please comment on your answer (particularly if you do not agree)

The potential role of mediation in development management

57. The Scottish Mediation / PAS online survey suggested a number of opportunities in the development management system to embed mediation. These focussed on the potential use around the Pre-Application Consultation process.

Background

58. Pre-application consultation (PAC) is a statutory requirement in relation to applications for planning permission for national and major developments - i.e. large scale development as opposed to local developments (as set by the hierarchy of developments^[26]). The purpose is for local communities to be made aware of proposals at an early stage, and have the opportunity to comment to the prospective applicant before the proposal is finalised and an application for planning permission is made. Details of the numbers of major developments in Scotland over the past three years can be found in the Island Communities impact assessment screening document at Annex D.

59. As noted in the recent consultation on changes to pre-application consultation^[27], ‘with increased guidance and awareness of the importance of engaging communities effectively in decisions about land, it may be possible to take a more co-operative approach to proposals.’

Proposal of Application Notices

60. Where PAC is required, the prospective applicant must provide to the planning authority a 'proposal of application notice' (PAN) at least 12 weeks prior to the submission of any application for planning permission. Current guidance on PANs is contained in Circular 3/2013.

61. The PAN must include the following information:

i) a description in general terms of the development to be carried out;

ii) the postal address of the development site, if it has one;

iii) a plan showing the outline of the site at which the development is to be carried out and sufficient to identify the site;

iv) detail as to how the prospective applicant may be contacted and corresponded with; and

v) an account of what consultation the prospective applicant proposes to undertake, when such consultation is to take place, with whom and what form it will take. This should include steps in addition to the statutory minimum for consultation.

62. The prospective applicant should indicate in the PAN what consultation, if any, they will undertake in addition to the statutory minimum.

63. The planning authority must respond within 21 days of receipt of the notice specifying any additional notification and consultation they wish to see undertaken (including that indicated by the prospective applicant) beyond the statutory minimum, in order to make it binding on the prospective applicant.

64. In requiring additional pre-application consultation, planning authorities must have regard to the nature, extent and location of the proposed development and to its likely effects, both at that location and in its vicinity. Additional consultation requirements should be proportionate, specific and reasonable in the circumstances.

65. Current guidance directs parties on planning community engagement activity to Planning Advice Note 3/2010.

66. We propose that Scottish Government guidance on additional consultation activity at PAC should be amended to encourage parties to consider both informal mediation and mediation as methods to resolve any disputes / conflicts at this stage of the planning process.

Q8. Do you agree with the proposal that the Scottish Government guidance should amend its guidance on Proposal of Application Notices to encourage the use of mediation between parties in any additional consultation activity attached to PAC?

• Yes
• No
• No view

Please comment on your answer (particularly if you do not agree)

Pre-Application Consultation

67. When asked whether local authorities should suggest the use of mediation to applicants at the pre-application stage, just over 75% of respondents agreed / strongly agreed. There was much less support for mediators being present at pre-application consultation events (just under 47% agreed / strongly agreed). There was also support for reference to be in PAC reports to the use of mediation (78% agreed / strongly agreed).

68. We agree with respondents that there is scope for the use of mediation at pre-application consultation stage and where it has formed part of the developer’s strategy to engage with the community, that reference should be made in the PAC report.

69. From an example cited in the Mediation in Planning Pilot Project: Output Paper, it could be suggested that at the PAC stage, any mediation may be best directed between the developer and community and considered at an early stage. Agreement that mediation is to be used as one of the consultation techniques may be most appropriately arranged in advance of the submission of the proposal of application notice. Current guidance in Circular 3/2013 suggests that prospective applicants may want to consider approaching communities to help frame their PAC. Planning authorities, in considering any additional consultation, may want to seek the views of others, for example, relevant community councils.

70. Whilst there is currently no legal requirement on the content of the PAC report, with the content of PAC reports covered by guidance, at section 2.36 of Circular 3/2013, the Scottish Government has just completed a consultation on amendments to PAC procedures, including the contents of the PAC report. The Government consulted on whether the report should provide an explanation of how the prospective applicant took account of views raised during the pre-application consultation process.

71. We are not able to pre-empt the responses to the consultation on PAC reports, but have drafted guidance in terms of the current PAC requirements. We will consider how the guidance can be amended in light of the PAC consultation.

Q9. Do you agree with the proposal that the Scottish Government should provide guidance encouraging the use of mediation between parties in Pre-Application Consultation?

• Yes
• No
• No view

Please comment on your answer (particularly if you do not agree)

Impact Assessments

72. Included with this consultation paper are partial versions of the following assessments:

• Business and Regulatory Impact Assessment (Annex B)
• Equalities Impact Assessment (combining Child Rights and Wellbeing Impact Assessment) (Annex C)

Q10. Please give us any views you have on the content of these partial assessments.

Q11. Do you have or can you direct us to any information that would assist in finalising these assessments?

73. We have also included our initial assessments screening out requirements to undertake assessments on Island Communities Impact (Annex D), the Fairer Scotland Duty (Annex E) and Strategic Environmental Assessment (Annex F). Based on the information we have identified, we do not consider there is a requirement to undertake full assessments in these cases.

Q12. Please give us your views on the Island Communities Impact, the Fairer Scotland Duty and Strategic Environmental Assessment screening documents and our conclusion that full assessments are not required.

Q13. If you consider that full assessments are required, please suggest any information sources that could help inform these assessments?