Open Space Strategies and Play Sufficiency Assessments Regulations: impact assessments

Appendix F: Strategic Environmental Assessment – Pre-Screenings

SEA Pre-Screening Document

Responsible Authority: Scottish Government

Title of the plan: Proposals for secondary legislation on Open Space Strategies

What prompted the plan: (e.g. a legislative, regulatory or administrative provision):

The Planning (Scotland) Act 2019 inserted new section 3G Open space strategy, into the Town and Country Planning (Scotland) Act 1997 ("the Act"). This introduced new duties on planning authorities to prepare and publish an Open Space Strategy (OSS). An OSS is to set out a strategic framework of the planning authority's policies and proposals as to the development, maintenance and use of green infrastructure in their district, including open spaces and green networks.

The Act sets out an open space strategy must contain:

(a) an audit of existing open space provision,

(b) an assessment of current and future requirements, and

(c) any other matter which the planning authority consider appropriate.

The Act did not contain administrative provisions for the development and preparation, or consultation and engagement requirements of OSSs. As these requirements were to contain a level of administrative detail, it was considered appropriate that they were dealt with through secondary legislation rather than on the face of the Act.

Plan subject: (e.g. transport):

Town and Country Planning

Brief summary of the plan: (including the area or location to which the plan related):

The regulations will cover requirements on the preparation of OSSs prepared across all Scotland. The Act provides powers for Scottish Ministers to by regulations—

a) make provision about how planning authorities are to discharge their functions under this section including, in particular—

i) how they conduct an audit under subsection (3)(a), and

ii) how they assess current and future requirements for the purposes of subsection (3)(b),

b) amend subsection 3G (4) by adding a definition or amending or omitting a definition for the time being specified there.

In terms of the area / location - the duty to prepare an OSS applies to planning authorities across Scotland, however the Act notes that national park authorities do not have to prepare an OSS. (*The Act notes at 3G(6) that for the purpose of the open space strategy section of the Act, a national park authority is not a planning authority).

Brief summary of the likely environmental consequences: (including whether it has been determined that the plan is likely to have no or minimum effects, either directly or indirectly):

The focus of the regulations is to provide the administrative provisions for the development of OSSs. It is the Act that establishes the need for planning authorities to set out a strategic framework of the planning authority's policies and proposals as to the development, maintenance and use of green infrastructure in their district, including open spaces and green networks.

The secondary legislation will provide more detail on the process, including :

• definitions (of 'open space', 'green space', 'green infrastructure', 'green network', 'ecosystem services');
• the types and size of spaces to be included in the open space audit;
• the outcomes planning authorities should consider when carrying out their OSS including: improving access to green infrastructure, open space and green networks; creating successful and sustainable places; improving health and wellbeing; advancing equality and eliminating discrimination; securing positive effects for biodiversity; and mitigation of and adaptation to climate change ;
• consultation and engagement requirements; and
• further details on the assessment of current and future requirements, including taking a localities approach.

In response to the criteria in Schedule 2 of the Environmental Assessment (Scotland) Act 2005, the aim of the regulations is to provide an administrative framework for preparation of OSSs. OSSs whilst not having a statutory link to the development plan, have the potential as part of evidence-led planning to influence decision-making through the LDP. It is the LDP which will be subject to Strategic Environmental Assessment (SEA), with the final decision resting with the planning authority.

If any changes to the plan or any mitigation was required in order to resolve potential points of conflict these would be subject to their own SEA requirements, as part of the planning process. It is therefore our view that the legislation would have no or minimal environmental effects once implemented.

We have also considered whether any of the 'guiding principles' set out in section 9 of the UK Withdrawal from the European Union (Continuity) Scotland Act ('the Continuity Act') are relevant to the regulations, and concluded that they are not. This is because the proposals concern the introduction of new procedural requirements on the preparation of Open Space Strategies. As discussed above, OSSs have the potential to influence decision making through their influence on the LDP, which will itself be subject to all relevant requirements for consideration under the Continuity Act.

Contact details:

Kristen Anderson

Planning and Architecture Division, Scottish Government

e-mail: kristen.anderson@gov.scot

Date of opinion: 7 December 2021

When completed send to: SEA.gateway@scotland.gsi.gov.uk or to SEA Gateway, Scottish Government, Area 2F(South), Victoria Quay, Edinburgh, EH6 6QQ

SEA Pre-Screening Document

Responsible Authority: Scottish Government

Title of the plan: Proposals for secondary legislation on Play Sufficiency Assessments

What prompted the plan: (e.g. a legislative, regulatory or administrative provision):

The Planning (Scotland) Act 2019 ("the Act") introduces a new duty under Section 16D on Play Sufficiency Assessment (PSA), into the Town and Country Planning (Scotland) Act 1997. This requires planning authorities to assess the sufficiency of play opportunities in their areas to form part of the Evidence Reports that support the preparation of the Local Development Plans (LDPs).

The provision of the Act:

16D Play Sufficiency Assessment –

1) A planning authority must assess the sufficiency of play opportunities in its area for children in preparing the evidence report.

The Act did not contain administrative provisions for the development and preparation, or consultation and engagement requirements of PSAs. As these requirements were to contain a level of administrative details, it was considered appropriate that they were dealt with through secondary legislation rather than on the face of the Act.

Plan subject: (e.g. transport):

Town and Country Planning

Brief summary of the plan: (including the area or location to which the plan related):

The proposed secondary legislation will cover the scope, consultation and publication requirements of the PSAs to be prepared across all local authorities areas in Scotland; as per below:

16D 2) The Scottish Ministers must by regulations make provisions about:

a. the form and content of the assessment

b. such persons who must be consulted in relation the assessment

c. publication of the assessment

Brief summary of the likely environmental consequences: (including whether it has been determined that the plan is likely to have no or minimum effects, either directly or indirectly):

The intention of the secondary legislation is to support one of the overarching themes within the planning reform – collaboration over conflict. The focus of the regulations is to provide the administrative provisions for the preparation of PSAs.

In response to the criteria in Schedule 2 of the Environmental Assessment (Scotland) Act 2005, the aim of the regulations is to provide an administrative framework for preparation of PSAs, which has a statutory link to the development plan and is to form part of the evidence-led planning to support and influence decision-making through the LDP. It is the overall LDP which will be subject to Strategic Environmental Assessment (SEA), with the final decision resting with the planning authority.

If any changes to the plan or any mitigation was required in order to resolve potential points of conflict these would be subject to their own SEA requirements, as part of the planning process. It is therefore our view that the legislation would have no or minimal environmental effects once implemented.

We have also considered whether any of the 'guiding principles' set out in section 9 of the UK Withdrawal from the European Union (Continuity) Scotland Act ('the Continuity Act') are relevant to the regulations, and concluded that they are not. This is because the proposals concern the introduction of new procedural requirements on the preparation of Play Sufficiency Assessment. As discussed above, PSA has statutory link with Development Plan as it forms part of the Evidence Report, hence support and influence decision-making through the LDP, which will itself be subject to all relevant requirements for consideration under the Continuity Act.

Contact details:

Kuan Loh

Planning and Architecture Division, Scottish Government

e-mail: kuan.loh@gov.scot

Date of opinion: 7 December 2021

When completed send to: SEA.gateway@scotland.gsi.gov.uk or to SEA Gateway, Scottish Government, Area 2H (South), Victoria Quay, Edinburgh, EH6 6QQ