Local development planning guidance

Annex C: Impact Assessments

1. A number of different assessments must be undertaken to support the preparation of the LDP. These assessments are an integral part of the plan making process and should inform and be informed by the plan as it is prepared. They are:

• Equalities Impact Assessment;
• Public Sector Equality Duty Assessment;
• Fairer Scotland Duty Assessment;
• Island Communities Impact Assessment, where appropriate;
• Strategic Environmental Assessment; and
• Habitats Regulations Appraisal.

2. Figure 5 provides an overview of the SEA process, and other impact assessments alongside the LDP plan preparation stages.

Equalities Impact Assessment (EQIA)

3. We expect everyone involved in planning to take steps to ensure that a wide range of people are involved in shaping their future places.

4. Planning authorities are required to respect, protect and fulfil human rights in accordance with the Human Rights Act 1998. As per the Equality Act 2010, the Public Sector Equality duty is applicable and Equality Impact Assessments, Fairer Scotland Duty Assessments are required for LDPs.

5. The UN Convention of the Rights of the Child also means that young people must be encouraged to play an active role in planning. The Act's requirement for the views of children and young people to be sought when preparing the Evidence Report, and for it to include a statement as to how those view are taken into account, together with the requirement to undertake a play sufficiency assessment, with engagement on that assessment, will help ensure planning authorities have information to inform how the LDP can help support consideration of child's rights.

Public Sector Equality Duty (PSED)

6. The Equality Act 2010 (section 149) places a duty (known as the Public Sector Equality Duty (PSED)) on public authorities to:

• eliminate discrimination, harassment and victimisation;
• advance equality of opportunity; and
• foster good relations between persons who share a protected characteristic (age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; sexual orientation) and those who do not.

7. Although the 2010 Act is largely reserved, the Scottish Ministers have supplemented the general duty (PSED) by placing detailed requirements on Scottish public authorities through the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012. The 2012 Regulations are aimed at supporting the Scottish public authorities to improve implementation of the PSED by requiring them to: report progress on mainstreaming equalities; propose and publish equality outcomes; assess policies and practices from the perspective of equalities; and publish employee information on pay and occupational segregation.

8. Specifically regulation 5 of the Scottish Specific Duties requires that a listed authority must make such arrangements as it considers appropriate to review and, where necessary, revise any policy or practice that it applies in the exercise of its functions to ensure that, in exercising those functions, it complies with the equality duties. Further information is available in the Equality and Human Right Commission (EHRC) Guidance.

Fairer Scotland Duty Assessment (FSDA)

9. The Fairer Scotland Duty, set out in Part 1 of the Equality Act 2010, places a legal responsibility on particular public bodies in Scotland, including councils, to actively consider how they can reduce inequalities of outcome caused by socio-economic disadvantage when making strategic decisions. The aim of the duty is to help make better policy decisions and deliver fairer outcomes.

10. It should focus on socio-economic issues such as low income, low wealth and area deprivation. In the application of the Duty, particular importance is placed on involving relevant communities, especially people with experience of poverty, throughout all stages of the assessment. Due to their unique understanding of the issues they face, any decisions that take into account their expertise, how they might be affected by different options and what would work best for them will ultimately be most effective in addressing inequality.

11. To assist with implementation of this duty, the Scottish Government has published The Fairer Scotland Duty Guidance for Public Bodies.

Island Communities Impact Assessment (ICIA)

12. Under the Islands (Scotland) Act 2018, where applicable, a relevant authority must prepare an Island Communities Impact Assessment in relation to a policy, strategy or service which, in the authority's opinion, is likely to have an effect on an island community which is significantly different from its effect on other communities (including other island communities) in the area in which the authority exercises its functions.

13. Further guidance is available in the ICIA guidance and toolkit.

Strategic Environmental Assessment (SEA)

14. SEA is a statutory requirement that aims to ensure the environment is a primary consideration in the preparation of qualifying public plans, programmes and strategies. The Environmental Assessment (Scotland) Act 2005 requires those preparing qualifying plans, including the LDP, to undertake an SEA. SEA can also benefit the preparation of an LDP, supporting better understanding of its environmental context and setting out steps to avoid, mitigate or reduce significant adverse effects, where possible, or enhance positive ones. Improving the consultation process lies at the heart of SEA, ensuring the public and those who will be consulted are provided with the relevant environmental information relating to the plan to allow them to make informed choices.

15. SEA processes can help plan-makers consider how to prepare and deliver a better plan and achieve better environmental outcomes, while still delivering important plan objectives. The Consultation Authorities, who are NatureScot, SEPA and Historic Environment Scotland, can also play a vital role in SEA and support the plan-maker by offering their environmental expertise and advice at key stages in the assessment process. The environmental assessment process can at first appear daunting, but it is worthwhile, and the benefits can significantly outweigh the time and effort spent. This is especially true when considering the twin crisis of biodiversity loss and climate change. SEA provides a means to carefully consider these issues and to find ways to avoid and minimise adverse effects on these receptors and/or enhance positive ones. The intention is that planning should deliver a zero carbon, nature positive future.

16. It is important that any future modifications or amendments to a LDP would also need to be subject to screening, as a minimum. It may be possible to screen out small or minor modifications, if they are likely to have limited environmental effects. Modifications with significant environmental effects, would of course require an SEA.

Habitats Regulations Appraisal (HRA)

17. Those preparing a LDP also have to undertake a HRA in accordance with The Conservation (Natural Habitats, &c.) Regulations 1994, if the plan is capable of having an adverse effect on a European site(s), either alone or in combination with other plans or projects. When considering the effects of the plan it is important not to be limited to the planning authority boundary, and to consider whether there is an obvious pathway for effects to impact sites within the vicinity.

18. In this situation the planning authority would have to undertake an 'Appropriate Assessment' of the implications for any designation(s) in view of the site's conservation objectives, in order to avoid any adverse impacts, before the plan can be adopted. Where an appropriate assessment is required, the competent authority must consult NatureScot.