Open Space Strategies and Play Sufficiency Assessments Regulations: impact assessments

Appendix E: Partial Business and Regulatory Impact Assessment

Title of Proposal:

Open Space Strategies and Play Sufficiency Assessments - Consultation on proposed secondary legislation

Purpose and Intended Effect

Background

New statutory duties^[160] on planning authorities^[161] to prepare and publish an open space strategy, and to assess the sufficiency of play opportunities in their area for children, were introduced in The Planning (Scotland) Act 2019^[162].

Most planning authorities have already been preparing open space strategies on a non-statutory basis for some time. Planning Advice Note 65: Planning and Open Space^[163] (2008) sets out details about preparing open space audits and strategies. Scottish Planning Policy (2014)^[164] refers to open space strategies' role in informing development plans. The Act formalises and makes it a statutory duty for planning authorities to prepare an Open Space Strategy (OSS).

However, the concept of Play Sufficiency Assessments (PSA) is new in Scotland, and so requires further direction and guidance to be given to planning authorities. The Act does not contain the administrative provisions for the form and content, consultation, and publication of PSAs. It was considered more appropriate that the requirements which contain a considerable level of administrative details were dealt with through secondary legislation rather than on the face of the Bill.^[165]

These two new duties will be brought into force through two separate sets of secondary legislation. However given the synergies between open space and play opportunities, it was thought beneficial in a number of respects to progress them together and to assess their impact in a joined-up manner and so one joint partial BRIA assessment is presented here for both sets of draft Regulations.

Objective

The aim of the provisions is to provide direction to planning authorities on how they are to meet their legal requirements. The preparation of OSSs and PSAs should be part of evidence-led planning and placemaking, to help shape greener, more child-friendly environments.

The provisions seek to ensure OSSs and PSAs cover certain minimum aspects. They also aim to ensure appropriate and meaningful engagement is carried out to inform the assessment of play sufficiency and the assessments of current and future requirements in relation to open space, green infrastructure and green networks. The provisions seek to provide a robust framework of legislation without imposing unnecessary financial and administrative burdens on planning authorities.

Rationale for Government Intervention

In relation to Play Sufficiency Assessments, the Act, as approved by Parliament states 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 to the assessment,

c) publication of the assessment."

Given the overlaps between open spaces and play opportunities, it was decided to develop the two sets of draft Regulations together, to help to ensure alignment and efficiency, given the potential for streamlining requirements across the two duties.

Both sets of provisions contribute to the following national outcomes contained in the National Performance Framework:

• We grow up loved, safe and respected so that they realise their full potential
• We value, enjoy, protect and enhance our environment
• We live in communities that are inclusive, empowered, resilient, and safe
• We are healthy and active

The development of open space strategies can also help contribute to the national indicator on access to green and blue space^[166].

The Play Sufficiency Assessment can help local authorities in upholding children's rights, in particular, relating to their right to relax and play and for their views to be respected under UNCRC Articles 31 and 12 respectively. In March 2021, Scottish Parliament passed the Bill for the incorporation of the United Nations Convention on the Child's Right (UNCRC) into Scots Law, which was intended to deliver a fundamental shift in the way children's rights are respected, protected and fulfilled in Scotland. However, the UK Supreme Court's judgment on the Bill on 6 October 2021 found each of the provisions referred by the UK Law Officers to be outwith the legislative competence of the Scottish Parliament. To this end, the Bill could not receive Royal Assent in its current form. The Scottish Government is clearly disappointed by, but respects, the Court's judgment. Despite this, the Scottish Government remain committed to the incorporation of the UNCRC to the maximum extent possible and are considering the implications of the judgement and how best to take things forward. In the meantime, the majority of work in relation to implementation of the UNCRC is continuing.

Consultation

Within Government

As procedural matters, falling under the Planning Act, responsibility for the preparing of these regulations lies primarily with the Scottish Government's Planning and Architecture Division (PAD). Discussions about access to spatial data were also held with colleagues from the GI-SAT team, within the Data, Statistics and Digital Identity Division. With regard to the proposed provisions requiring Open Space Strategies to take an outcomes based approach, discussions were held with colleagues with interests in Biodiversity (Natural Resources Division) and climate change mitigation and adaptation including geothermal policy (Energy Industries Division). In relation to the provisions for Play Sufficiency Assessments, PAD discussed these proposals with colleagues within the Government's Directorate of Children and Families' Family Unit, who lead on the Play Strategy, and in the Directorate For Early Learning and Childcare who lead on Outdoor Learning Policy.

Public Consultation

In developing the proposals for the secondary legislation, Scottish Government officials have been working with a Joint Working Group with a range of external stakeholders, which has acted as a sounding board in preparing the proposals for both sets of draft Regulations. The OSSPSA Working Group includes representative interests from the open space and play sector from; Greenspace Scotland, Play Scotland, Green Action Trust, A Place In Childhood, Learning Through Landscape, Inspiring Scotland; plus agencies; Architecture & Design Scotland, Nature Scot, Public Health Scotland, SEPA, SportScotland, Scottish Forestry; and from local authorities officers representing their councils and Heads of Planning Scotland, and the Improvement Service. Members of the Working Group have also taken part in further focussed sessions to advise on particular aspects. Proposals were shared with this group in advance of the formal consultation.

Additionally, working through the Improvement Service and Heads of Planning Scotland (HOPS) we contacted every local authority, and have had engagement with 27 out of 32 local authorities. Presentations and interactive workshop sessions took place with authorities to share emerging thoughts and inform the development of the draft provisions. 66 local authority officers colleagues have engaged either through webinars, workshops or in writing. Proposals were also presented to the Heads of Planning at a wider session.

There will be a further public consultation for 15 weeks between December 2021 and the end of March 2022 on the draft Regulations.

During that time we will also be undertaking a programme of targeted engagement with children and young people. We have been working closely with Play Scotland and A Place In Childhood to develop an engagement plan to seek the views of children and young people from across Scotland. We intend to carry out targeted engagement, with a tailored questionnaire to children and young people from different age groups, backgrounds and different parts of the country. These may include groups for children and young people with additional support needs, and those who are refugees / asylum seekers, LGBTQ, and young carers.

Business

Planning consultants may see opportunities in the new duties for commissions to support planning authorities in preparing their open space strategy and play sufficiency assessment. We are aware of involvement of a planning consultant through discussions with planning colleagues on pathfinder work.

Options

This section looks at each of the measures and the options explored for each proposal.

Open Space Strategies

Definitions

Option 1: Do nothing

In this option the legal definitions of 'open space', 'green infrastructure' and 'green network's would remain as set out in the Act.

Option 2: Amend Definitions

The definitions of the terms in the Act were originally inserted by a non-government amendment, and the definitions of 'green infrastructure' and 'green networks' differed from those included in Scottish Planning Policy (which had been subject to public consultation). At Stage 2 of the Planning Bill, it was agreed a further provision be inserted to allow Ministers to add, amend or omit a definition, in regulations.

Various existing definitions from Scottish, UK and international organisations have been analysed and considered. Additionally work on definitions carried out by Glasgow Clyde Valley Green Network Partnership along with academics from Northumbria University was taken into account, NatureScot and Greenspace Scotland were also involved in the discussions. Revised definitions were developed, considered and supported by local authorities and the Joint Working Group. This option also sees definitions added for the terms 'green space' and 'ecosystem services'

In this option the definitions based on work developed with partners and agreed by stakeholders would replace the definitions currently in the Act.

We are proposing to take forward Option 2.

Level of prescription in relation to audits of existing open space

Option 1: Do nothing

In this option, regulations would remain silent about the content of the open space audit. As was the situation prior to the introduction of the statutory duty to prepare Open Space Strategies, planning advice or guidance could set out aspects planning authorities might include in their open space audit.

Option 2: Prescribe minimum requirements

In this option, with OSSs now being placed on a statutory footing, the secondary legislation would set certain minimum requirements in relation to open space audits, with flexibility in relation to other aspects.

• o Fixed requirements would cover the size threshold by which open spaces would have to be included in the audit, and prescribe some aspects planning authorities must include in their audit about each open space; in relation to its size, location and type.
• o Plus other information the audit may include - the regulations would indicate other aspects planning authorities may include information on (in relation to accessibility to the public, function; the extent to which the open space delivers its functions, presence of play opportunities, and the condition of open spaces).

Option 3: Prescribe full details about all aspects about every open space

This would be the most prescriptive option, requiring a more extensive set of information, (the considerations set out in Option 2) to be provided on every open space. There would be minimal or no flexibility for planning authorities.

We are proposing to take forward Option 2

Planning authorities have indicated the high volume of open spaces in their areas, or the remote or island location of some of their open spaces could make a comprehensive survey of all their open spaces a very resource intensive, lengthy process. We consider that a basic minimum level of information should be provided, with flexibility for authorities to take a more tailored meaningful approach that suits their local circumstances.

Introduction of an outcomes based approach

Option 1: Do nothing

In this option, regulations would not set out outcomes for planning authorities to take into account when undertaking their duties in relation to the preparation of open space strategies.

Option 2: Require planning authorities to take a outcomes based approach

Following suggestion from stakeholders that an outcomes based approach should be advocated, we have developed a set of outcomes planning authorities should take into account when preparing their OSS. These reflect the national indicator on access to green and blue space, outcomes set out in the Planning Act in relation to the National Planning Framework around; 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 climate change mitigation and adaptation. Under this option planning authorities would be required to include in the OSS a statement as to how their open space strategy contributes to the outcomes.

We are proposing to take forward Option 2.

Use of localities

Option 1: Do nothing

In this option, regulations would not require planning authorities to take a localities approach when preparing their open space strategies. Information may be provided at an overall local authority level. Any matters pertaining to use of localities would be provided in guidance.

Option 2: Require planning authorities to consider, and provide information on a locality basis

This option would require planning authorities to provide, as well as the data on the individual spaces, some analysis of the open space and play space at a locality level, and for the totality of their area. Planning authorities would be required to provide statements about the existing accessibility, quality, and quantity, of open spaces on a locality basis. This option would also require planning authorities when carrying out the assessment of current and future requirements, to consider requirements at a locality level. The regulations would allow planning authorities to establish the appropriate boundaries of their own localities, based on the definition of localities in the Community Empowerment (Scotland) Act 2015.

We are proposing to take forward Option 2.

This would fit with the neighbourhood approach, which is a key part of the 20 minute neighbourhood policy agenda. It would allow communities to connect with the open space provision in their area and could form a useful, meaningful basis for planning authorities to set out considerations when consulting and engaging on the OSS.

Consultation and engagement

Option 1: Do nothing

In this option, of minimal prescription the OSS regulations would not require engagement or consultation to be carried out in carrying out the audit of open space or developing the strategy.

Option 2: Prescribe engagement to be undertaken and prescribe groups to be engaged

This option would require planning authorities to engage with prescribed groups (including children and young people, older people, disabled people, community councils, key agencies, the public and any other person or community body which the planning authority considers to be appropriate) as they carry out the open space audit, look at current and future requirements and develop the strategies with policies and proposals as to the development, use and maintenance of open spaces.

Option 3: Option 2, plus prescribe how engagement to be undertaken

This option would prescribe not only who planning authorities engage with, but also how they engage. There are a range of techniques and tools that planning authorities can use to engage with communities, and planning authorities may have different structures and arrangements in place that they deploy for other engagement exercises.

We are proposing to take forward Option 2.

We do not want to restrict planning authorities' ability to use an approach that suits their area, communities, existing set-ups and resources.

Publication

Option 1: Do minimum

In this option, regulations would just require the OSS to be published and not detail the format.

Option 2: Publication by electronic means

In this option, planning authorities would be required to publish the OSS by electronic means.

We are proposing to take forward Option 2.

Review

Option 1: Do minimum

In this option, regulations would set a minimum timeframe for reviewing open space strategies.

Option 2: Review and publish Publication by electronic means

In this option, planning authorities would be required to review and publish an updated OSS no more than 10 years from the date of their most recent OSS.

We are proposing to take forward Option 2. This would make a link to the 10 year review cycle for local development plans, to ensure updated information on open space, green infrastructure and green networks was available to support evidence-led plan-making.

Play Sufficiency Assessments

Requirements on the form and content of a PSA

Option 1: Do nothing

Not an option, the Planning Act states The Scottish Ministers must by regulations make provisions about the form and content of the assessment.

Option 2: Place requirements on the form and content of PSAs

Whilst we would not want to stifle the presentational style, nor limit the content of PSAs, we consider that there is scope to require a certain level / type of content and for the form and content to be prescribed to ensure that the findings of the PSA can be readily communicated. The PSA should be presented in a written report, incorporating maps as required.

Under this option the planning authority must show using mapping the location of play spaces for children, identifying those specifically for play and those within open spaces but not specifically for play. The PSA must also describe the play opportunities for all ages of children.

Following the identification of the play opportunities, and for each of its localities and for the totality of the area, the planning authority must include statements about the quantity, quality and accessibility of play opportunities for children in their area.

We are proposing to take forward Option 2.

Consultation

Option 1: Do nothing

Not an option, the Planning Act states The Scottish Ministers must by regulations make provisions about such persons who must be consulted in relation to the assessment.

Option 2: Prescribe groups to be consulted

This option would require planning authorities in preparing their PSAs to consult with prescribed groups (including children, parents and carers, community councils, the wider public, and any other person or community body which the planning authority considers to be appropriate.

We are proposing to take forward Option 2.

Publication

Option 1: Do minimum

Not an option, the Planning Act states The Scottish Ministers must by regulations make provisions about publication of the assessment.

Option 2: Publication by electronic means

In this option, planning authorities would be required to publish the PSAs by electronic means.

We are proposing to take forward Option 2.

Sectors and groups affected

Planning authorities

The new duties in the Act are on planning authorities to prepare an OSS and a PSA. The regulations focus primarily on administrative requirements for planning authorities. PSAs are required to form part of the Evidence Report for planning authorities in preparing Local Development Plans (LDPs).

Key agencies

The proposals would require planning authorities to consult with key agencies^[167] on their draft Open Space Strategy. It does not place an obligation on the key agencies to respond.

Communities

The proposals place an emphasis on early, meaningful engagement with communities in the open space audit and play sufficiency assessment to provide statements of sufficiency (for example around the quality and accessibility of spaces by localities and in the totality of the planning authority area). This may include co-production of aspects of the PSA with children and young people; and their parents and carers. The outcomes approach seeks to advance equality and eliminate discrimination, helping ensure authorities consider measures to help offer greater equity of access to open spaces and opportunities for playing outdoors. The outcomes approach is intended to help provide the opportunity for various benefits to be achieved for communities including health and well-being, climate change adaptation and mitigation, positive effects for biodiversity and around placemaking. PSAs are to be carried out in preparing the Evidence Report providing an opportunity for communities' needs and/or aspirations around sufficient provision for play to be followed through into the LDP preparation.

Children and young people

The proposals on PSAs place an emphasis on engaging local children, and their parents and carers in preparing the PSAs to ensure the assessments take account of the input and the views of the children for whom this proposal is intending to bring greater positive impact and better outcomes in their enjoyment, health and wellbeing. The draft OSS Regs also require planning authorities to consult children and young people.

Business

Businesses and landowners will have some interest in the development of OSSs as the policies and proposals contained within the open space strategy will influence the development plan for an area, and therefore decisions made by the planning authority on planning applications and other consents.

Businesses and landowners will have some interest in the PSAs as the assessment report forms part of the Evidence Report that supports the LDP for the area, as this may influence decisions made by the planning authority on planning applications and other development related consents.

Planning consultants may see opportunities in the new duties for commissions to support planning authorities in preparing their open space strategy and play sufficiency assessment.

Benefits

Open Space Strategies

Definitions

This option would bring clarity over the terms and definitions used, and provide an opportunity for these to be consulted upon.

Level of prescription in relation to audits of existing open space

This would ensure certain minimum requirements are covered, whilst providing flexibility to planning authorities as to how they cover the more detailed aspects, and allow them to, should they wish, prioritise certain types of open space to provide more details about them, tailored to local circumstances, recognising the resource implications of carrying out extensive audits for every open space in their district.

Introduction of an outcomes based approach

This would support a holistic place based approach, and the move towards nature based solutions. Additionally, with the outcome around advancing equality and eliminating discrimination it would serve to help address issues identified through the Equalities Impact Assessment in relation to unequal access to open space, particularly by those living in more deprived areas or from ethnic minority backgrounds. Some planning authorities have also expressed support for an outcomes based approach recognising the potential benefits in securing corporate buy-in across the Council, both in terms of resources for the preparation of the OSS and its delivery.

Use of localities

This would offer benefits in terms of taking a place based approach linked to localism agenda and the 20 minute neighbourhood concept. People's connection to, and interest in accessing a range of local open spaces within their neighbourhood has been heightened linked to the lived experience of the pandemic and lockdowns. We believe this will offer benefits in terms of carrying out meaningful engagement with communities about their places. It should also be beneficial for authorities to have information at that scale to feed through into place-based local development plans with a focus on delivery. Planning authorities have indicated they are used to working on a locality basis for other strands of work.

Consultation and engagement

Following the findings of the Equalities Impact Assessment and Children's Rights and Well-Being Impact Assessment, and evidence of inequalities in terms of access to open space, a focus has been on ensuring inclusive community engagement. This option would ensure the prescribed groups are part of the process, at the preparation stage, offering meaningful engagement and supporting inclusion. We are exploring how digital tools could support authorities in carrying out engagement, and inviting community views on the quality, quantity and accessibility of open spaces.

Publication

Planning authorities will also be required to publish the OSS electronically offering benefits in terms of providing transparency, and ensuring inclusion.

Play Sufficiency Assessments

Requirements on the form and content of a PSA

This would ensure planning authorities produce appropriate and helpful information in the form of a written report containing map-based information on the location of the play opportunities in their areas; identifying both play spaces that are specifically for play as well as those play opportunities within other open spaces that are not specifically for play; describing them by suitability for different ages of children and provide statements, on locality basis and for the totality of the area, in terms of quality, quantity and accessibility.

Consultation

Recognising Children's Rights under Article 12 of the UNCRC, which is in the process of being adopted into Scots Law, the proposals ensure children's participation in the preparation of the assessment and their input and views are taken into account in the process. Further the consultation of parents and carers and the local community will help to promote awareness and acceptance, thus creating a more supportive environment for children to play outdoors in their own neighbourhoods.

Publication

Planning authorities will also be required to publish the play sufficiency assessment electronically, offering benefits in terms of providing transparency, and ensuring accessibility of information.

Costs

In support of the Scottish Parliament's scrutiny of the 2017 Planning Bill the Scottish Government prepared an accompanying Financial Memorandum^[168]. This was updated following the Stage 2 scrutiny^[169].

Preparing an Open Space Strategy

The cost of undertaking a full open space audit was estimated to be around £25,000 per authority, on average, with the additional work of producing the strategy requiring the equivalent of 3 months resource of a senior planner, at £13,260, making a total of £38,260.50 per authority or around £1.3 million across Scotland. Planning authorities are already being encouraged to prepare non-mandatory open space strategies in very similar terms under Planning Advice Note 65.

The "State of Scotland's Greenspace" report, published by Greenspace Scotland in February 2018, found that 10 authorities did not have an open space strategy as such, although some of these authorities have included similar information in the LDPs or other documents. It was noted some existing strategies may need some additional work to meet the full statutory requirements. Ensuring all authorities have an open space strategy that meets the statutory requirement was estimated to cost about a third of the cost if no such work had been done, thus, at about £450,000 more than current expenditure. RTPI Scotland's Research Paper 'Financial Implications Of Implementing The Planning (Scotland) Act 2019' (August 2019)^[170] confirms that assessment in relation to the costs of preparing an open space strategy.

There was no specific requirement for updating the strategy in the Bill, therefore the calculation was made on the basis that they will be updated once every 10 years, to coincide with the preparation of the LDP. The draft Regulations proposes the planning authority is to review its open space strategy and publish an updated open space strategy within the period of 10 years beginning on the date of publication of the most recent open space strategy. Therefore the assumption of costs for updating the strategy every 10 years remains valid.

Preparing a Play Sufficiency Assessment

The Welsh Government introduced a requirement for all local authorities in Wales to carry out a play sufficiency assessment, through the Play Sufficiency Assessment (Wales) Regulations 2012. They allocated £484,000 to cover the costs of the first round of assessments. While Scotland has a larger population than Wales, and more local authorities, the Welsh assessment requires not only spatial consideration but also consideration of organised play opportunities such as youth groups and holiday play schemes, and an assessment of the workforce. These are not issues for spatial planning and therefore are not required under the draft Scottish regulations.

Taking account of these variances would result in an estimate for assessments meeting the requirements in the Bill totalling around £450,000 across Scotland. This figure is also confirmed in RTPI Scotland's research.

Overall costs

The regulations are prepared in respect of the requirements contained in the Planning Act and do not introduce additional requirements, therefore do not add to the costs previously estimated during the Bill process; ie, at £450,000 respectively across Scotland. We believe there is also some potential for authorities to achieve savings should they align their processes of carrying out the open space audit and the play sufficiency assessment and the associated engagement activities.

Scottish Firms Impact Test

These sets of proposed draft Regulations do not place a direct regulatory burden on businesses. This legislation should not affect significantly the overall costs for individual businesses of engaging in the planning system. Scottish firms (such as planning consultancies) may see opportunities in the new duties for commissions to support planning authorities in preparing their open space strategy and play sufficiency assessment. Local businesses may see value in engaging in the development of an OSS for example around polices on the maintenance and stewardship of green networks and open spaces, which may offer potential opportunities for landscape and gardening firms.

Competition Assessment

There are no obvious impacts on competition of these proposals. The proposals would not favour one such business over another per se.

• Will the measure directly or indirectly limit the number or range of suppliers?

No. It does not involve significant additional costs in the overall context of the planning system.

• Will the measure limit the ability of suppliers to compete?

No. As above.

• Will the measure limit suppliers' incentives to compete vigorously?

No. As above

• Will the measure limit the choices and information available to consumers?

No. As above.

Consumer Assessment

The costs involved seem to have limited effect on the purchasers of goods and services. To the extent that the public are consumers of planning services, then the proposed regulations should improve their opportunities for engagement.

• Does the policy affect the quality, availability or price of any goods or services in a market?

No

• Does the policy affect the essential services market, such as energy or water?

No

• Does the policy involve storage or increased use of consumer data?

No

• Does the policy increase opportunities for unscrupulous suppliers to target consumers?

No

• Does the policy impact the information available to consumers on either goods or services, or their rights in relation to these?

Yes. In so far as the planning system is a service and the public are its consumers. The draft Regulations require both the OSS and PSA to be published making the information in them available to the public.

• Does the policy affect routes for consumers to seek advice or raise complaints on consumer issues?

No

Test run of business forms

No new forms.

Digital Impact Test

The use of on/off line models of engagement are not prescribed in the regulations. Which method is used will be for parties to decide in the circumstances of the case.

• Does the measure take account of changing digital technologies and markets?

Yes. The use of on/off line models of engagement are not prescribed in the draft Regulations. Which method is used will be for planning authorities to decide.

• Will the measure be applicable in a digital/online context?

Yes

• Is there a possibility the measures could be circumvented by digital / online transactions?

No

• Alternatively will the measure only be applicable in a digital context and therefore may have an adverse impact on traditional or offline businesses?

No

• If the measure can be applied in an offline and online environment will this in itself have any adverse impact on incumbent operators?

No

Legal Aid Impact Test

These changes would seem unlikely to affect claims for legal aid.

Enforcement, sanctions and monitoring

There is a requirement on planning authorities to undertake the Play Sufficiency Assessment in preparing the Evidence Report for their LDP. The Evidence Report will be assessed on whether it contains sufficient information to enable the planning authority to prepare a proposed plan. Where an appointed person determines this is not the case, which may include a PSA not being provided, this could prevent the planning authority from moving forward to the next stage in preparing its LDP.

Summary and recommendation

These draft Regulations have been prepared to provide the administrative legislative requirements for the preparation of Open Space Strategies and Play Sufficiency Assessments as set out in the Planning (Scotland) Act 2019.

This partial BRIA has identified no extra financial costs to planning authorities, compared to those previously set out in the Financial Memorandum for the Planning Bill.

Following the public consultation we will take account of any representations around costs and any impact on businesses received, in finalising the Regulations and any future guidance.

The intention is that the Regulations will come into force in 2022. Stakeholders will receive notice of the publication through the Government's media channels such as its website, e-mail alerts and other social media channels.

Summary Costs and Benefits Table

Summary and recommendation

The Scottish Government proposes to lay regulations on the preparation and content of Open Space Strategies and Play Sufficiency Assessments.

The additional costs on planning authorities for preparing the OSS and PSA are each estimated at around £450,000 across Scotland, as per the analyses carried out during the Bill process.

In terms of review, on the PSA side planning authorities must assess the sufficiency of play opportunities in its area for children in preparing an evidence report, for its LDP, LDPs are subject to a 10 year review cycle. The proposed draft OSS Regulations require OSS to be updated at least every 10 years.

Subject to the views received in the forthcoming public consultation, the proposals, as a package, would appear to represent a proportionate response.

Option		Total benefit: - economic, environmental, social	Total cost: - economic, environmental, social - policy and administrative
Open Space Strategies	Definitions	Greater clarity of understanding of key terms, as consulted on with stakeholders.	No additional costs
	Level of prescription in relation to audits of existing open space	Will highlight factors that may be included in audits including environmental considerations eg accessibility, the function of the space, condition. Social factors including accessibility and the quality of the space, which may affect how it is enjoyed are also covered.	Separate costs not identified.
	Introduction of an outcomes based approach	Improved focus on how the OSS can help contribute to a range of aspects to support the wider health and wellbeing of the area including social benefits to the place and environment	Separate costs not identified. Further information necessary
	Use of localities	Ensuring engagement at a meaningful 'neighbourhood' level to help identify requirements for open space at a locality level, to help support delivery and action at a local level.	Separate costs not identified. May allow planning authorities to tap into existing engagements at a locality level to join up engagement with other council engagement with communities. Further information necessary
	Consultation and engagement	Improved opportunities for engagement for prescribed groups to be consulted, and for a child friendly version to support engagement. The draft proposals also require consultation with environmental agencies eg NatureScot, SEPA, Historic Environment Scotland to ensure environmental issues are considered; on the social side there is also requirements to consult Public Health Scotland	Minimal additional costs Further information necessary
	Publication	Provides for transparency and accountability.	Separate costs not identified.
	Review	Ensuring the OSS is reviewed and an updated OSS published within the period of 10 years beginning on the date of publication of the most recent open space strategy, 10 year timescale coincides with timeframe for preparing LDPs	The assumption of costs for updating the strategy every 10 years remains valid.
Play Sufficiency Assessments	Requirements on the form and content of a PSA	Improved quality and accessibility of information through a completed report containing written statements and associated map-based information	Separate costs not identified. Further information necessary.
	Consultation in preparation of a PSA	Advancing equalities, ensuring opportunities to participate and influence	Separate costs not identified. Further information necessary.
	Publication	Provides information, ensuring accessibility, transparency and accountability	Separate costs not identified. Further information necessary.
Totals	Total additional cost estimated for OSS across Scotland		£450,000 total additional cost
	Total cost estimated for PSA across Scotland		£450,000 total additional cost * Costs are estimated for the first round of PSAs.
	Costs per annum per planning authority	Based on average estimates £450,000 (OSS) + £450,000 ( PSA) = £900,000 ÷ 32 planning authorities ÷ 10 (10 year review cycle) = £2,812.50 per planning authority per annum

Declaration and publication

I have read the business and regulatory impact assessment and I am satisfied that, given the available evidence, it represents a reasonable view of the likely costs, benefits and impact of the leading options. I am satisfied that business impact will be assessed with the support of businesses in Scotland.

Signed:

Date: 16 December 2021

Tom Arthur MSP

Minister for Public Finance, Planning and Community Wealth

Scottish Government Contact point

Planning & Architecture Division – OSSPSAconsultation@gov.scot

Scottish Government Contact points: Kristen Anderson and Kuan Loh