Open Space Strategies and Play Sufficiency Assessments Regulations: impact assessments

Appendix D: Partial Island Communities Impact Assessment (ICIA)

Introduction

This assessment relates to draft secondary legislation on administrative issues relating to the new statutory duties for planning authorities to prepare Open Space Strategies (OSSs) and Play Sufficiency Assessments (PSAs). Provisions relating to OSSs and PSAs were introduced in the Planning (Scotland) Act 2019.

This document seeks to identify whether there are issues which merit further exploration through an Island Communities Impact Assessment (ICIA). If significant issues are identified, a full ICIA will be carried out.

The Islands (Scotland) Act 2018 (the 2018 Act)

Section 7 of the Islands (Scotland) Act 2018 provides for a duty on the Scottish Ministers that they must have regard to island communities in exercising their functions and in the development of legislation.

Section 8 states that Scottish Ministers must prepare an ICIA 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. These provisions came into force on 23 December 2020. The relevant local authorities are Argyll & Bute Council, Comhairle nan Eilean Siar, Highland Council, North Ayrshire Council, Orkney Islands Council and Shetland Islands Council.

In December 2020 the Scottish Government published guidance and a toolkit for the preparation of ICIAs^[144].

The 2018 Act lists the following areas that are relevant considerations for islands and islands communities:

• Population
• Economic development
• Transport
• Housing and fuel poverty
• Digital connectivity
• Health and social care and wellbeing
• Environmental wellbeing and biosecurity
• Climate change and energy
• Empowered island communities and strong local partnerships
• Arts, culture and language
• Education

Open spaces, green networks and access to sufficient play opportunities links to several of the considerations listed above, in particular around health and wellbeing, environmental wellbeing, climate change, transport (in relation to using green networks for active travel) and education (in relation to outdoor learning).

Step One - Developing a clear understanding of policy objectives

What are the objectives of the policy, strategy or service?

In developing the secondary legislation, our policy objectives and approach have included:

• delivering proposals for regulations on Open Space Strategies and Play Sufficiency Assessments which are prepared timeously, and inclusively, to support the wider timetable of Planning Reform and have widespread buy-in from stakeholders, and across local authority departments,
• enabling a joined up approach, aligning where possible procedural requirements across the two sets of draft Regulations, that support meaningful engagement as well as allowing efficient processes for local authorities,
• adopting a light-touch approach to secondary legislation, allowing for some flexibility to suit local circumstances,
• recognising good practice and existing guidance on open space strategies which are already in place.

Do you need to consult?

We have been working with a joint Working Group comprising representatives from key stakeholders covering both sets of draft Regulations. We also held presentations and workshops with local authorities including officials from island authorities.

How are islands identified for the purpose of the policy, strategy or service?

The proposed draft Regulations will cover all local authorities across Scotland.

What are the intended impacts/outcomes and how do these potentially differ in the islands?

We intend to use the regulations to put in place an outcomes based approach recognising the multi-functionality of open space and play areas to contribute to wider aspects including tackling climate change, health and wellbeing, positive effects for biodiversity, addressing inequalities and supporting placemaking.

We intend to require the open space audit and the play sufficiency assessment to be carried out on locality basis, and provide statements on quantity, quality and accessibility based on the same locality basis, hence taking account of any potential differences in different contexts and settings.

Is the policy, strategy or service new?

A majority of planning authorities have undertaken open space strategies on a non-statutory basis for many years. The Third State of Scotland's Greenspace Report (2018) showed that most authorities had an Open Space Strategy in place. The duties for planning authorities to prepare an Open Space Strategy and to assess the sufficiency of play opportunities for children in their area, are new duties, introduced through the Planning (Scotland) Act 2019. This policy is to put in place the detailed procedural matters by the means of secondary legislation.

Step Two - Gathering data and identifying stakeholders

What data is available about the current situation in the islands?

The Ordnance Survey Greenspace Map provides geospatial data on open spaces, including play spaces across Scotland. Based on GIS data, the Third State of Scotland's Greenspace Report (2018) provides spatial analysis and breakdowns of greenspace types by local authorities.

That Report also provided a snapshot (at that time) of authorities' progress in updating their (non-statutory) open space strategy.

The National Records of Scotland provides population data of Scotland, estimated on an annual basis, including data based on geographies, by age categories from birth, by gender and other demographic information.

Population demographics: NRS Scotland Mid-Year Population Estimates Scotland, Mid-2019 (2020)^[145] indicate that Na h-Eileanan Siar and the Orkney Islands are among the local authority areas with an older population in Scotland, with Shetland closer to the overall figures for Scotland.

Relevant council areas which experienced greatest population decline (in percentage terms) were:

• Argyll and Bute (-390 people, -0.5%)
• Na h-Eileanan Siar (-110 people, -0.4%)
• North Ayrshire (-540 people, -0.4%)

Areas which experienced the greatest decrease in population aged 0 to 15 were mainly rural and island areas. The five areas (Argyll and Bute, Na h-Eileanan Siar, North Ayrshire, Inverclyde and Dumfries and Galloway) which experienced the greatest decrease in the population aged under 16, also experienced the greatest decline in the population aged 16 to 64.

Settlements data: National Records of Scotland (NRS) - Population Estimates for Settlements and Localities in Scotland, Mid-2016 (2018)^[146] states that:

"The council areas with the lowest proportion of people living in a settlement^[147] are Na h-Eileanan Siar (30%) and Shetland Islands (38%). Many communities in these islands are sparser than those in the rest of Scotland, due to crofting and other factors, and so do not fulfil the density requirements needed to be counted as a settlement."

Do you need to consult?

The draft Regulations will be subject to a full public consultation. We would expect the six relevant local authorities covering the islands to respond.

We also intend to carry out targeted engagement with children's and youth groups including groups from an island background, these have been identified through discussions with Play Scotland and A Place In Childhood.

How does any existing data differ between islands?

[Source: Third State of Scotland's Greenspace Report ]

The map shows that most of the island authorities have a higher percentage of greenspace as a percentage of urban land area (>60%) compared to the majority of mainland Scotland. However, in contrast, Orkney has the lowest percentage of all the 32 local authorities (<40%).

The Third State of Scotland's Greenspace Report shows percentages of greenspace types in local authority areas

	Urban Scotland	Argyll & Bute	Highland	North Ayrshire	Na h-Eileanan an Iar	Orkney Islands	Shetland Islands
Public Park of Garden	4%	<1%	1%	7%	<1%	<1%	<1%
Private Garden	24%	18%	17%	21%	11%	37%	10%
Natural	20%	54%	44%	31%	58%	14%	63%
Amenity	36%	18%	27%	27%	26%	25%	22%
Golf course	6%	5%	4%	6%	2%	7%	1%
School grounds	2%	1%	1%	2%	<1%	3%	1%
Playing field	2%	1%	2%	2%	<1%	3%	1%
Play space	<1%	<1%	<1%	<1%	<1%	1%	<1%
Tennis court	<1%	<1%	<1%	<1%	<1%	<1%	<1%
Bowling green	<1%	<1%	<1%	<1%	<1%	<1%	<1%
Allotments/ Community Growing	<1%	<1%	<1%	<1%	<1%	<1%	<1%

The figures show that compared to urban Scotland, island authorities generally have a lower percentage of their greenspace as public parks or gardens, typically <1% compared with 4% in urban Scotland. Most of the island authorities have a higher % of natural greenspace than urban Scotland (20%), e.g. Shetland 63%, Western Isles 58%, however Orkney has a lower proportion at 14%. Orkney has a higher % of its greenspace as school ground and playing fields than the other island authorities and the urban Scotland average.

It is observed that across both urban and the island authorities, play space generally constitutes less than 1% of total green space areas; with Orkney showing 1%.

Approaches and dates of existing non-statutory Open Space Strategies:

Authority	Current OSS Adopted	Quality Assessment Approach	Status
Argyll & Bute	-	Bespoke	In development
Highland			No OSS as such – green networks and open space covered in LDP
North Ayrshire	2016	LEAMS	In development/ consultants appointed
Na h-Eileanan an Iar	2010 (OS audit)	Bespoke
Orkney Islands	2014	Quality Guide and Bespoke
Shetland Islands			In development

* Data from Third State of Scotland's Greenspace Report, and recent information sourced from Council websites.

The National Islands Plan Survey^[148] notes that island residents agree there are green or blue spaces within a 5-minute walk of their home (91%).

The National Islands Plan Survey also provides information on the availability of sports facilities; this will likely cover both indoor and outdoor sports facilities. It highlights that the majority (86%) of island residents agree that there are places where they can go to take part in sports and physical exercise. 73% of island residents agree that local sports facilities are good quality and well maintained. Island sub regions differed greatly on the availability of places for sport and physical exercise, with Argyll Islands reporting lower availability than other islands, with only 60% agreement. Open Space audits and strategies will cover outdoor sports facilities (not indoor). Quality is an aspect which the draft Open Space Strategies Regulations require planning authorities to consider; and maintenance is an aspect the Act states they must include policy on in their OSS.

Are there any existing design features or mitigations in place?

The Planning Bill Island Communities Impact Assessment was published in June 2019. The main theme that emerged through all of the discussions was the need to allow flexibility for the islands. Both sets of draft Regulations promote a locality based approach, which should be able to suit to island communities. There is also some discretion/flexibility for planning authorities, including those in island areas, in auditing their open spaces, which will allow them, where necessary to prioritise the considerations that are most important to their communities.

There may be differences in the types of play provision available across urban, rural and island contexts. So we intend to require planning authorities, in their Play Sufficiency Assessment, to identify play spaces specifically for play, and play spaces within open spaces which are not specifically for play – this should cover other play opportunities where children can and do play, and may better reflect the existing kinds of play opportunities on the islands, including opportunities to play in more natural environments, including on beaches and foreshores.

Step Three – Consultation

Who do you need to consult with?

• Relevant local authorities,
• Community bodies, including community councils and other individuals and organisations with an interest in open space and play opportunities in local communities,
• Children and young people from island communities.

How will you carry out your consultation and in what timescales?

There will be a full, formal public consultation. The consultation paper will be made available online on the Scottish Government website.

An engagement programme has been developed to consult children and young people, which will involve an online questionnaire, and contacting a selection of youth groups to invite their views, as part of that we intend to identify and include an island-based group.

The consultation will run for 15 weeks.

What questions will you ask when considering how to address island realities?

This partial ICIA will form part of a package of assessments accompanying this consultation paper. We will invite stakeholders to comment on its contents, including on any omissions in the evidence, and our initial conclusion set out below, as well as questions on the detail of the draft Regulations.

What information has already been gathered through consultations and what concerns have been raised previously by island communities?

Some officers from island planning authorities highlighted that the open space audit/play sufficiency assessment may have practical implications in the more dispersed and remote settings covered by island authorities. In particular that there could be impacts on officers covering such areas, which could involve longer distances to travel to audit open spaces or play areas (potentially involving planes or boats, and subject to weather conditions). Some flexibility has therefore been incorporated into the draft OSS Regulations.

Another issue raised was the need to ensure that the regulations cover the types of open spaces and play opportunities that are more typical in island communities. For example, it has been suggested that some smaller communities may not have, or may have fewer, specifically designed equipped play spaces, but instead have other more nature-based opportunities for children to play in, such as on beaches or foreshores or in other natural places; whilst others have mentioned that in some island communities, school playgrounds may act as the main play areas. Therefore, such spaces or play opportunities should be taken into account when considering the sufficiency of spaces for play. The draft Regulations seek to address this point, and any future guidance will expand further on different types of play opportunities.

Is your consultation robust, meaningful and sufficient to comply with the Section 7 duty?

Yes

Framing

Following ongoing engagement throughout the course of the planning review, an intensive island proofing exercise was undertaken through a collaborative workshop, held in September 2017 and in advance of publication of the Planning Bill. The results of this workshop are set out below.

Desk top analysis was undertaken of the evidence gathered for the development of the Planning Bill, including the equality impact assessment^[149] and ICIA^[150], plus the integrated impact assessment accompanying the early engagement^[151] on National Planning Framework 4.

The National Plan for Scotland's Islands^[152] was published in December 2019. It noted the following:

• island communities face many different transport challenges when carrying out their daily lives compared to those living in less rural areas of the mainland and urban areas.
• the importance of community was a key theme from the consultation and respondents provided a range of examples that highlighted the uniqueness of the islands and the strengths they provide for cultivating innovative initiatives and projects on a small scale.
• many of the islanders said that they felt remote from where decisions were taken and expressed a desire for more considered decision-making which included them.
• island communities indicated that although the progress with broadband connectivity was a positive, further advancement was needed given the variation of both mobile and broadband connection between, and within, the islands of Scotland.
• islanders feel strongly about preserving built heritage and the natural environment, not just for their economic value through tourism, but for the quality of life they support and as a legacy for future generations.

Population demographics: National Records of Scotland Mid-Year Population Estimates Scotland, Mid-2019 (2020)^[153] indicate that Na h-Eileanan Siar and the Orkney Islands are among the local authority areas with an older population in Scotland, with Shetland closer to the overall figures for Scotland.

Transport and Travel in Scotland Results from the Scottish Household Survey 2018 (2019)^[154] indicates that older people were less likely to have travelled the previous day. Only 51 per cent of those aged 80 and over had travelled the previous day and 65 per cent of those aged 70 to 79.

That survey also identified a variation in mode of travel by age. The older age group were more likely to catch a bus than younger children (33% compared to 9%), which may indicate older populations are more reliant on public transport.

Settlements data: National Records of Scotland - Population Estimates for Settlements and Localities in Scotland, Mid-2016 (2018)^[155] states that:

"The council areas with the lowest proportion of people living in a settlement^[156] are Na h-Eileanan Siar (30%) and Shetland Islands (38%). Many communities in these islands are sparser than those in the rest of Scotland, due to crofting and other factors, and so do not fulfil the density requirements needed to be counted as a settlement."

Internet use is less in older age groups than younger, and that there is a gap between premises in the islands able to access superfast and fibre broadband when compared to premises in other parts of rural Scotland (see Appendix A).

The following section considers the potential for differential impacts on island communities of each element of the draft Regulations.

Open Space Strategies

Amendment of section 3G(4) of the Town and Country Planning (Scotland) Act 1997 (Regulation 2)

The proposed draft Regulations set out to define the terms 'open space', 'green space', 'green infrastructure', 'green networks' and 'ecosystem services' - for consistency in understanding, these definitions would apply across the country.

Audit of existing open space provision (Regulation 4)

The Act (section 3G(3)(a)) sets out that the OSS is to include an audit of existing open space provision. The draft Regulations provide more detail on how the audits are to be undertaken, and draft Reg 4(1) requires the audit to be carried out in accordance with this regulation.

It is proposed in draft Reg 4(2) that the audit requirements would apply to all open spaces of 0.2 hectares, or larger, and any smaller open spaces which the planning authority considers appropriate to include. The draft Regulations set out some minimum requirements that have to be provided about each of these open spaces, on its size, location and type, and that this would be presented using GIS-based digital mapping (draft Regs 4(3) and 4(4)). It then, in draft Reg 4(5), gives some flexibility, setting out other aspects on which the planning authority may include information. These cover accessibility, function, the extent to which the open space delivers its functions, presence of play opportunities and condition. The discretion over those more detailed aspects is intended to assist planning authorities in managing their resources whilst carrying out their audits, particularly reflecting comments from officers in island authorities about the need for flexibility.

As well as the data about the individual spaces, draft Regs 4(6) and (7) require information provided as a statement on the accessibility, quantity and quality of the open spaces to be provided for the totality of the local authority area and at a locality level. Draft Reg 4(11) confirms 'locality' has the same meaning as under the Community Empowerment (Scotland) Act 2015. These provisions are intended to help ensure a meaningful place-based approach is taken, looking at the open space resource available locally to communities and across the wider local authority area.

Draft Reg 4(8) requires that in assessing the criteria in paragraphs 4(5), (6) and (7) that the planning authority seeks the views of, and has regard to, any views expressed by children and young people, older people, disabled people, the public, community councils and any other person or community body which the planning authority considers to be appropriate, as well as key agencies which are defined in draft Reg 4(10). In assessing those criteria, draft Reg 4(9) requires that where a planning authority's area, all or part of which falls within the boundary of the Central Scotland Green Network, they are to consult the Green Action Trust - of the island authorities this would apply only to North Ayrshire.

Assessment of current and future requirements (Regulation 5)

Section 3G(3)(b) of the Act sets out that the OSS is to include an assessment of current and future requirements, and draft Reg 5(1) requires that assessment to be carried out in accordance with Draft Reg 5.

The proposals in draft Reg 5(2) would require that in carrying out this assessment the planning authority has regard to how open spaces and green networks are contributing to the outcomes listed in draft Regulation 3(2) (see paragraph 27). We believe that there would be value in these assessments of requirements being carried out at a more local and/or at neighbourhood level than for the whole of the planning authority area; therefore we are proposing that the current and future requirements should be considered on a locality basis as well as for the overall area. This should be helpful to island communities in bringing a local approach that communities can get involved in for their own places.

The proposals in Draft Reg 5(3) require planning authorities, in carrying out the assessment of current and future needs, to engage with, and have regard to, any views expressed by prescribed groups, including community councils and any other community body which the council considers appropriate. We hope that this helps ensure to ensure that local groups, including those within island communities, are made aware and have the opportunity to highlight their local needs and requirements in terms of open spaces.

Preparation of open space strategy (Regulation 3)

Draft Regulation 3(1) sets out that in preparing their open space strategy the planning authority must take into consideration how the policies and proposals in the strategy contribute to a series of outcomes. The outcomes are listed in draft Reg 3(2): improving access to a 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. Draft Reg 3(3) requires the planning authority to include a statement as to how its Open Space Strategy contributes to the outcomes. We believe the outcomes have universal application and are as relevant in island communities as in other parts of Scotland.

The draft Regulations also require at draft Reg 3(4) the planning authority to identify green networks in their area, and at draft Reg 3(5) how these may be enhanced. We are not proposing any different arrangements for island communities.

Consultation on draft open space strategy (Regulation 6)

As set out in draft Reg 6(1) we intend to provide that as part of the process the planning authority publishes a draft open space strategy, giving people the opportunity to engage and provide their views on the draft. Draft Reg 6(2) requires the planning authority to consult those listed in Reg 4(8), which as well as the public includes community councils and any other community body which the council considers appropriate. We hope that this helps to ensure that local groups, including within island communities, are made aware and have the opportunity to provide their views. We are intending to prescribe in draft Reg 6(3) that there will an advert in the local press for two successive weeks about the consultation and setting a minimum 12-week period for consultation, and requiring in draft Reg 6(4) that the planning authority must have regard to any valid representations from anyone consulted under Draft Reg 6(2).

Publication of open space strategy (Regulation 7)

We intend to allow, through draft Reg 7(2), for planning authorities to modify the draft Open Space Strategy to take account of timeously made representations, any other matters arising in consultation and minor drafting or technical matters. This is a fairly standard provision commonly used in planning legislation and we are not intending to make any different arrangements for island communities.

Draft Reg 7(3) requires the OSS to be published by electronic means. This is to ensure that the OSS is easily obtainable and should be helpful for island communities, in removing the need to travel to Council offices or other premises to view a hard copy of the document.

Review of open space strategies (Regulation 8)

We are proposing in draft Reg 8 (1) that the planning authority is to review its open space strategy and publish an updated open space strategy no less than 10 years from the date of its most recent open space strategy. We are not proposing any different arrangements for island communities.

Play Sufficiency Assessments

The proposed draft Regulations set out to provide the administrative details of the new duty introduced in the Planning (Scotland) Act 2019, relating to Play Sufficiency Assessments. Planning authorities are required to assess the sufficiency of play opportunities in their area for children in preparing an Evidence Report (which supports the Local Development Plan for their areas). This new duty applies to all local authorities in Scotland, including island authorities.

Interpretation (Regulation 2)

Draft Reg 2 defines a series of terms used in the PSA Regulations ('the Act', 'children', 'locality', 'open space', 'play spaces' and 'play sufficiency assessment'. For consistency in understanding, these definitions would apply across the country.

Form and Content of play sufficiency assessment (Regulation 3)

Draft Reg 3(1) prescribes the PSA must be in the form of a written report, incorporating maps as required.

Draft Reg 3(2) requires the PSA to show, by means of a map, the location of play spaces for children. It is to identify those play spaces which are specifically for play, and those which are within open spaces but not specifically for play.

Draft Reg 3(3) requires the PSA to describe the play opportunities for all ages of children - to ensure appropriate provisions are considered for different play needs of children of different ages; to promote accessibility and inclusion.

Together these provisions should ensure that the assessment picks up both formal and informal types of potential play opportunities for all ages of children in the natural and built environment and to cover those play opportunities which are in other open spaces and/or in more nature-based spaces which are more typical in island authorities areas. We do not intend to set different requirements for island authorities.

Ensuring that there are adequate and appropriate play opportunities for children will help local authorities across all areas of Scotland, including the island authorities, in upholding children's right to relax and play under UNCRC Article 31.

Draft Reg 3(4) and 3(5) require that the PSA includes statements on quality, quantity and accessibility are provided on a locality basis and for the planning authority's area. This is to ensure that assessments are based on local needs and demands and reflect local context and circumstances. It should help in taking cognisance of local community views and input in the process, which can be particularly significant for island communities.

Consultation (Regulation 4)

Draft Reg 4 sets out a list of those the planning authority must consult in preparing the sufficiency assessment. This includes children, parents and carers, community councils, the public and any other person or community body which the planning authority considers appropriate. This helps to ensure that local people and local groups, including within island communities, have the opportunity to engage during the process of the preparation of the PSA and provide their views.

On the list of consultees we have intentionally put children and their parents and carers at the top, to highlight the importance of engaging and listening to local children and those who care for them and have their best interests at heart, in preparing the sufficiency assessment. This is to ensure that children across Scotland, including those in island communities, will have the opportunity to be involved in and inform the assessment meaningfully, thus upholding children's right for their views to be respected under UNCRC Article 12.

Publication (Regulation 5)

Draft Reg 5 requires the completed PSA to be published by electronic means. This is to ensure that the PSA is easily obtainable and should be helpful for all communities, including island communities, by removing the need to travel to council offices or other premises to view a hard copy of the document.

Potential issues and mitigation

One issue raised by island authorities was about potential resource implications on them due to greater travel distances involved for officers (or appointed consultants) to visit open spaces and play spaces as part of the open space audit or to assess them for their play sufficiency. We are exploring how the use of digital tools may assist in showing some information. We are also proposing to allow some discretion in the information authorities should include in their open space audit. We have also provide that there should be engagement with communities by localities, which can offer a means of "crowd-sourcing" and gaining local knowledge and insight. We have also sought to make links across between the two sets of draft Regulations to facilitate efficiencies, and will continue to expand on this approach in any future guidance.

The Draft OSS Regulations set a requirement for auditing open spaces that are 0.2ha and above, but also allow any smaller spaces to be included where the planning authority considers appropriate. This could help to ensure that smaller spaces of value are considered.

Both sets of draft Regulations promote a locality based approach, which should suit island communities.

Another issue is around engagement, and how people can become involved in the development of the open space strategy and in preparing the play sufficiency assessment. Whilst prescribing the requirement to consult and who to consult, we have intentionally chosen not to prescribe the methodology on how to carry out the engagement. We are aware of different and innovative ways that some local authorities are already using, as well as the many tools that are available for them to use or adapt. We think allowing the flexibility for local authorities to decide which methods of engagement best suit their local circumstances is helpful towards harnessing meaningful participation and input. This flexibility should help island authorities and communities to decide what works best for them.

Given islands may have a more scattered and older population and the availability of, and reliance upon, public transport, it may mean island communities are less able to attend community engagement events linked to the preparation of an OSS or PSA, or that it is more difficult and costly to do so. It is hard to make any conclusion as to the significance of any such challenges compared to other more remote parts of mainland Scotland, where populations may also be more dispersed, older and where access to public transport at least may be more difficult compared to larger urban areas. However, we are not proposing to prescribe in the draft Regulations how engagement takes place – thus offering flexibility to island authorities in how they carry out the engagement, whether through specific engagement sessions, linked to existing events, or through online engagement.

There is existing practice of using online engagement methods as part of the wider planning system. For example during the COVID-19 emergency, the requirement for a physical public event as part of Pre-Application Consultation, (part of certain planning applications' process) with communities has been suspended. Guidance indicates online measures for engagement should be used instead. Similar measures may provide some opportunity for more dispersed and older populations to engage.

This would not necessarily be a total solution for island communities. Whilst setting out the way to try to close the gap in digital connectivity, The National Plan for Scotland's Islands (2019) section on Digital Connectivity^[157] indicates a gap between premises in the islands able to access superfast and fibre broadband when compared to premises in other parts of rural Scotland. Also, in its response to the 'Call for Ideas' on the Scottish Government's National Planning Framework 4 (NPF4), Orkney Islands Council indicated "the islands still experience some of the poorest broadband and mobile phone connectivity speeds in the UK. Improved digital connectivity and investment in digital infrastructure to ensure equal coverage across Scotland should remain as a key objective in NPF4"^[158].

In addition, as set out in paragraph 13, Na h-Eileanan Siar and the Orkney Islands have a higher proportion of older people in their population, and older people are less likely or able to travel. The Scottish Household Survey 2020^[159] refers to a clear relationship between age and use of internet, with lower rates of internet use among older adults. In 2019, nearly 100 per cent of adults aged 16 to 24 reported using the internet compared to 43 per cent of those aged 75 and over. This gap is, however, narrowing.

Initial Conclusion

We believe it is likely that island communities will welcome the opportunities provided by Open Space Strategies and Play Sufficiency Assessments – and that they will have valuable local knowledge, and lived experiences to feed in about the quality and accessibility and the range of open spaces and play spaces in their communities. There may be some issues around suitable methods of engagement, given the specific nature of island communities. But the proposals offer flexibility for individual circumstances relating to island communities.

Our conclusion at this stage is that there do not seem to be significant implications from the proposed legislation that are specific only for island communities, as distinct from those in other remote parts of mainland Scotland. However, as the scope of the engagement undertaken to date is relatively limited, the consultation paper seeks views on this screening assessment; and invites any additional comments, relevant data or relevant information to be provided to us, to further inform this assessment and in identifying any necessary mitigating measures.

Planning and Architecture Division, Scottish Government

December 2021