Local place plans - proposals for regulations: consultation
This consultation paper relates to proposals for regulations on the content, preparation, submission and registration of Local Place Plans.
Annex B: Partial Equalities Impact Assessment (combining Child Rights and Wellbeing Impact Assessment)
Proposals for Regulations on Local Place Plans
Background
1. The public sector equality duty requires the Scottish Government to assess the impact of applying a proposed new or revised policy or practice. Equality legislation covers the characteristics of: age, disability, gender reassignment, sex including pregnancy and maternity, race, religion and belief, and sexual orientation.
2. An equality impact assessment (EQIA) aims to consider how a policy (a policy can cover: activities, functions, strategies, programmes, and services or processes) may impact, either positively or negatively, on different sectors of the population in different ways.
3. In addition, the Scottish Government has undertaken an initial impact assessment considering issues relating to Child Rights and Wellbeing. The Child Rights and Wellbeing Impact Assessment (CRWIA) is used to identify, research, analyse and record the impact of a proposed law or policy on children's human rights and wellbeing. It should be used on all new legislation and policy which impacts children, not just children's services.
Proposals for Secondary Legislation on Local Place Plans
4. The introduction of Local Place Plans (LPPs) is part of a wider programme of improving community engagement in planning, deriving largely from provisions contained within the Planning (Scotland) Act 2019[70] (the 2019 Act).
5. The aim of this particular strand is to introduce secondary legislation on matters relating to the introduction of LPPs.
6. Further details are available in the consultation paper to which this assessment is attached.
Who will it affect?
7. We envisage that these provisions have the potential to affect those who seek to engage in the planning system, particularly either as part of a community body, or through engagement with such bodies on the development of an LPP. LPPs will be taken into account in local development plans (LDPs) and will therefore influence how an area develops.
8. We recognise that the impacts of the regulations may fall differentially on different groups in society. Our initial evidence would suggest that people with disabilities, children, women and Black and Minority Ethnic groups for example, experience a variety of challenges in engaging with the planning system. These may relate to physical mobility and access, the impact of additional caring responsibilities or language and communication issues.
What might prevent the desired outcomes being achieved?
9. We have not identified any factors which might prevent the desired outcomes.
Framing
Results of the EQIA Framing Exercise
10. It is clear from the engagement during and since the Independent Panel's review that there is a need to improve public engagement measures. It is also clear that people wish to engage in shaping the places they stay and that such engagement can lead to better outcomes for people. But also, that different groups in society have different levels of engagement with the planning system.
11. Parliamentary scrutiny through the passage of the 2019 Planning Act provides a clear steer that enhanced engagement of the public at large, and societal groups in particular, should be addressed in development planning.
12. Community councils will potentially play an important role in the development of Local Place Plans. The Community Council Framework notes that community councils should represent a full cross-section of the community and encourage the involvement of people regardless of gender, race, age, disability, nationality or sexual orientation. We would wish to encourage such wide engagement in the development of LPPs by all groups constituting themselves as community bodies.
13. From the evidence gathered so far, these regulations are likely to enhance the opportunities for engagement in shaping the places that people work and stay.
14. Whilst we believe they will generally have a positive effect, we see value in gathering further evidence particularly in ensuring LPPs are based on a robust evidence base of the wider community's views.
Extent/Level of EQIA required
15. The potential impact on each of the protected groups has been considered using information in the Scottish Government's Evidence Finder[71] plus additional information identified below.
16. Further information is required on the impact on each of the protected characteristics. It is proposed to carry out consultation on the proposed regulations required to implement the policy intention and this will inform further development of the regulations, and where necessary, associated guidance.
Results of CRWIA framing exercise
17. Evidence gathered so far would indicate that children and young people are keen to be involved in the shaping of the places they stay. This is extended not only to contributing to the discussion on how places develop, but also to taking part in decision making and having their voices heard.
18. The Articles of the United Nations Convention on the Rights of the Child (UNCRC) and the child wellbeing indicators under the Children and Young People (Scotland) Act 2014 apply to all children and young people up to the age of 18, including non-citizen and undocumented children and young people.
19. Our work on this to date indicates that a CRWIA is required to support the development of this policy. We note that guidance suggests that a CRWIA should be undertaken where the policy will be subject to extensive consultation, including with the Scottish Parliament.
20. The Articles of the UNCRC and the child wellbeing indicators under the Children and Young People (Scotland) Act 2014 apply to all children and young people up to the age of 18, including non-citizen and undocumented children and young people.
21. The policy will specifically support Article 12 of the UNCRC. This relates to every child having a right to express their views and have them given due weight in accordance with their age and maturity. Children should be provided with the opportunity to be heard, either directly or through a representative or appropriate body.
22. Other Articles of the UNCRC may indirectly be relevant such as: Article 3 - Every decision and action taken relating to a child must be in their best interests; Article 15 – a right to gather and use public space, providing no laws are broken; and Article 31 – a right to play, rest, leisure and access cultural life appropriate to their age.
23. The Scottish Government introduced Getting It Right For Every Child, a national approach which is relevant to each and every child in Scotland and affects every practitioner working in children and family services in the public and voluntary sectors. Inherent within this approach is the assessment of every child's wellbeing against 8 particular "SHANARRI" Indicators: Safe, Healthy, Achieving, Nurtured, Active, Respected, Responsible and Included.
24. This policy links primarily to the Respected and Responsible welfare indicators.
Respected: Having the opportunity, along with carers, to be heard and involved in decisions that affect them.
Responsible: Having opportunities and encouragement to play active and responsible roles at home, in school and in the community, and where necessary, having appropriate guidance and supervision, and being involved in decisions that affect them.
25. We envisage that the policy will potentially impact upon the opportunity of all children and young people to become more actively engaged in the planning system. However, there is the potential for intersectional issues to affect the perception of certain groups of children and young people of engagement. Research relating to out of school groups and activities suggests this may particularly be an issue for both disabled children and older children.
26. We would want to gather further evidence on the potential impacts on how the policy affects or could affect children and young people in practice.
| Characteristic[72] | Evidence gathered and Strength/quality of evidence | Source | Data gaps identified and action taken |
|---|---|---|---|
| Age | Scotland's population is ageing. In mid-2019, 19% of the population were aged 65 and over compared with 17% a decade earlier in mid-2009. Over the same period, the population aged 65 and over increased in all council areas. Nearly 9 in 10 adults (88 per cent) in Scotland use the internet either for work or personal use, a steady increase over time from 65 per cent in 2007. Notably, there has been a significant increase in internet use amongst older adults aged 60+ (from 29 per cent to 66 per cent). There are lower rates of internet use among older adults than among younger adults. In 2019, almost all (99 per cent) adults aged 16-24 reported using the internet compared to 43 per cent of those aged 75+. 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. Almost nine in 10 adults (87 per cent) aged 75 and above said they felt a very strong or fairly strong sense of belonging to their community, compared to just over seven in ten (73 per cent) of those aged between 16 and 24. The Sparsely Populated Area as a whole is projected to lose approximately 28% of its population by 2046. When the projected trend for the SPA is disaggregated by age group, it appears that the largest decline will be in the working age population. Across the SPA as a whole this economically active age group is predicted to decline by approximately one third by 2046, whilst the numbers of children and pensioners are projected to decline by 19% and 18% respectively. Na h-Eileanan Siar is one of only two councils projected to have more people leaving than arriving. The majority of young people feel they should be involved in planning in their local area and that their local councils should look at ways to support children and young people to do this. Respected indicator Children and young people want their views to be heard and to make a meaningful contribution to making things better. Involving young people in decision-making requires supporting them to take meaningful, responsible, age-appropriate roles working in co-operation with professionals and parents/carers. Participation in civic engagement groups has been found to be associated with increased confidence and mental wellbeing as well as positive health and wellbeing outcomes for children and adolescents. Involving people in decision making can further improve service and policy design to meet the needs of young people, leading to longer term positive impacts Responsible indicator Participation in positive activities has been shown to improve psychological wellbeing; self-perception and self-esteem; and skills development. Volunteering in particular also has wider benefits, strengthening community cohesion and public services, which in turn act as protective factors for young people's health and wellbeing. Around six in ten of young people surveyed (58 per cent) agreed that adults were good at taking their views into account when making decisions that affect them. This was an increase from 2017, when 53 per cent agreed.
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Mid-2019 Population Estimates Scotland (2020)[73] Scottish Household Survey: Annual Report 2019 (2020)[74] Travel and Transport in Scotland 2018 (2019)[75] Scottish Household Survey: Annual Report 2018 (2019)[76] Demographic Projections for the Scottish Sparsely Populated Area (SPA) 2011-2046 (2018)[77] Population Projections for Scottish Areas 2018-based (2020)[78] YoungScot survey (2017)[79] Child and adolescent health and wellbeing: evidence review (2018)[80] Young people's participation in decision making: attitudes and perceptions (2020)[81] Democracy Matters to Children (2019)[82] | Evidence would suggest that people wish to engage in planning though they are not always able to do so. As part of the consultation on the Scottish Government's proposals, we will be proactive in engaging with societal groups on the practical elements of supporting engagement. |
| Disability | In 2011, the proportion of people in Scotland with a long-term activity-limiting health problem or disability was 20%, the same as reported in the 2001 Census. Contains a range of recommendations (primarily aimed at England) including: - preparation of guidance on how and when to engage disabled people; - dedicated section in policy on access and inclusive design - plans not to be considered as 'sound' without evidence address disabled access; - permission granted only where sufficient provision for accessibility and inclusion -remove any requirement to prove immediate need for accessible housing. 97% of disabled people or those with a long-term illness considered that people should be involved in making decisions about how local public services are planned. Through inclusive digital and offline engagement and capacity building, raise disabled people's aspirations and opportunities to fulfil their potential, and strengthen participation and democracy. Seventy-one per cent of adults who have some form of limiting long-term physical or mental health condition or illness reported using the internet, lower than for those who have some form of non-limiting condition or illness (90 per cent) and those who have none (94 per cent) | Scotland's 2011 Census (Release 2A, Table 8)[83] Building for Equality: Disability and the Built Environment[84] Scottish Social Attitudes Survey 2015: Table A16[85] Supercharged: A humancatastrophe (2020)[86] Scottish Household Survey: Annual Report 2019 (2020) | Evidence would suggest that people wish to engage in planning though they are not always able to do so. As part of the consultation on the Scottish Government's proposals, we will be proactive in engaging with societal groups on the practical elements of supporting engagement. |
| Sex | Scotland had a relatively even split between genders in 2018, with 51% females and 49% males, although this varied amongst age groups. Women are slightly more likely than men to become involved in the planning process. This was focussed on development management. Language barriers, lack of confidence and dominant characters can discriminate against some people during community engagement specifically women, minority ethnic groups, young and old people and people with disabilities. Overall there was no significant difference in use of internet between genders. Men were more likely to have travelled than women (74% vs 72%). Most journeys were for the purpose of commuting (24%), shopping (23%) or visiting friends or relatives (10%). In 2018 women were more likely than men to walk or catch the bus to work. Men were more likely to cycle to work. Gender-based violence against women occurs in all spaces and spheres of human interaction, including in the context of public spaces. Do you feel able to influence planning decisions which affect your local area and how it is being developed? Findings on no influence / some influence were similar for male (61%, 35%) and female (59%, 36%) Although the report and recommendations do not make a direct link with planning and the built environment, note should be taken of the references to: - Women have better cultural participation and sense of community belonging. Women are somewhat more likely than men to say that they have a very strong feeling of belonging to their community (38% vs 34%). - More women (28%) than men (25%) volunteer for groups or organisations. - Women do less physical activity. Women are significantly less likely than men to meet physical activity guidelines; just 62% of women do the recommended amount of activity per week, compared to 70% of men. - Women are much less likely to feel safe walking alone in their neighbourhood after dark (66% vs 89% of men). In 2017 COSLA noted that 29% of Scotland's 1227 councillors are women. It also notes that other key parts of our communities are underrepresented. | Mid-2018 Population Estimates Scotland (2019) Planning and Community Involvement in Scotland (2004)[87] Hard to reach, easy to ignore (2017)[88] Scotland's People Annual Report: Results from 2015 Scottish Household Survey (2016) (section 8.2.2)[89] Travel and Transport in Scotland 2018 (2019) General recommendation No. 35 -- sixty-seventh session on gender-based violence against women, updating general recommendation No. 19[90] (2017) The National Trust for Scotland Heritage Observatory briefing note (2017) First Minister's National Advisory Council on Women and Girls 2019 Report and Recommendations (2020)[91] Referenced in the Stage 2 EQIA accompanying the Planning Bill[92] (2019) | Evidence would suggest that people wish to engage in planning though they are not always able to do so. As part of the consultation on the Scottish Government's proposals, we will be proactive in engaging with societal groups on the practical elements of supporting engagement. |
| Pregnancy and Maternity | Pregnant women may also find standing difficult and need facilities to sit down. | Health Impact Scoping of Public Places Guidance (2020)[93] | |
| Gender Reassignment | We have not been able to gather any information regarding this characteristic | ||
| Sexual Orientation | As a whole, this group had no special needs or requirements when it came to planning. Their views were representative of the general population. | Consultation on the Modernisation of the Planning System with 'seldom heard' Groups (2009)[94] | |
| Race | Language barriers, lack of confidence and dominant characters can discriminate against some people during community engagement specifically women, minority ethnic groups, young and old people and people with disabilities. Some people from specific communities of interest and identity described finding it difficult to get involved in decisions, or having no experience of involvement at all. For example, some asylum seekers, EU citizens, foreign language groups, and some people from different ethnic minority groups described experiences of being detached from the wider community and formal decision-making organisations and forums. They did not know about local groups or understand whether and how they could get involved. Seventy-eight per cent of those whose ethnicity was recorded as White expressed a very or fairly strong feeling of belonging compared to 71 per cent of those whose ethnicity was recorded as minority ethnic. In 2011 Gypsy/Travellers in Scotland, compared to the population as a whole, were more likely to report a long-term health problem or disability and were more likely to report bad or very bad general health. This report contains the recommendations of young people with regards to the Concluding Observations published in 2016, and the issues which they feel continue to impact upon their lives, and those of their families, friends and communities. The recommendations included: "We should be consulted about where sites should be"; "We should be part of the planning process to allow us to say what type of sites and facilities we want"; "There should be more opportunities for us to take part in decision making and have our voices heard". | Hard to Reach, Easy to Ignore (2017) Local Governance Review: analysis of responses to Democracy Matters (2019)[95] Scottish Household Survey: Annual Report (2019) Gypsy/Travellers in Scotland - A Comprehensive Analysis of the 2011 Census (2015)[96] Young Gypsy/Travellers Discuss the United Nations Convention on the Rights of the Child - Children and Young People's Evidence Bank (2018)[97] | Evidence would suggest that people wish to engage in planning though they are not always able to do so. As part of the consultation on the Scottish Government's proposals, we will be proactive in engaging with societal groups on the practical elements of supporting engagement. |
| Religion or Belief | Some people from specific communities of interest and identity described finding it difficult to get involved in decisions, or having no experience of involvement at all. For example, some asylum seekers, EU citizens, foreign language groups, and some people from different ethnic minority groups described experiences of being detached from the wider community and formal decision-making organisations and forums. They did not know about local groups or understand whether and how they could get involved | Local Governance Review: analysis of responses to Democracy Matters (2019) | Evidence would suggest that people wish to engage in planning though they are not always able to do so. As part of the consultation on the Scottish Government's proposals, we will be proactive in engaging with societal groups on the practical elements of supporting engagement. |
| Marriage and Civil Partnership | Not applicable |
Stage 3: Assessing the impacts and identifying opportunities to promote equality
Having considered the data and evidence gathered, this section requires us to consider the potential impacts – negative and positive – that the policy might have on each of the protected characteristics. It is important to remember the duty is also a positive one – that we must explore whether the policy offers the opportunity to promote equality and/or foster good relations.
| Age | Positive | Negative | None | Reasons for your decision |
|---|---|---|---|---|
| Eliminating unlawful discrimination, harassment and victimisation | X | The aim is to have increased engagement for all sectors of society with Local Place Plans acting as one way available to communities to set out proposals for how their community can develop. However, evidence would suggest that, particularly for children and young people, their voices may not be captured and reflected in decision making. It is recognised that in order for this positive impact, that people's views are gathered and reflected upon irrespective of their age. A negative impact could be caused should the views of people not be sought and reflected in the LPP. | ||
| Advancing equality of opportunity | X | As above. We will not be prescriptive about the use of specific consultation methods and will suggest that the method chosen is appropriate to the particular circumstances. This acknowledges that older people, amongst others, are slightly less likely to use online technologies whereas an online approach may work better with younger people. | ||
| Promoting good relations among and between different age groups | X | LPPs offers an opportunity to hear and reflect views across communities. We will encourage community bodies to reflect wider community views including those of older people plus children and young people. |
| Disability | Positive | Negative | None | Reasons for your decision |
|---|---|---|---|---|
| Eliminating unlawful discrimination, harassment and victimisation | X | The aim is to have increased engagement for all sectors of society with Local Place Plans acting as one method available to communities to set out proposals for how their community can develop. However, it is recognised that in order for the positive impact, the barriers which disabled people encounter should be challenged, so that disabled people's views are gathered and reflected upon. | ||
| Advancing equality of opportunity | X | As above. LPPs offer an opportunity for disabled people's aspirations for a place to be reflected in the development plan for the place they stay. We will not be prescriptive about the use of specific consultation methods and will suggest that the method chosen is appropriate to the particular circumstances. This acknowledges that disabled people, amongst others, are less likely to use online technologies. | ||
| Promoting good relations among and between disabled and non-disabled people | X | LPPs will provide an opportunity to hear and reflect wide community views across communities. There is an opportunity for proposals which come out of the development of the LPP to reflect those wider views. |
| Sex | Positive | Negative | None | Reasons for your decision |
|---|---|---|---|---|
| Eliminating unlawful discrimination | X | Evidence from Hard to Reach, Easier to Ignore would suggest that women can find engagement with Planning more challenging. The aim is to have increased engagement with Local Place Plans acting as one of the ways available to both men and women to contribute to setting out proposals for how their community can develop. However, it is recognised that in order for the potential positive impact to be fulfilled, there should be a consideration of how people use public places and spaces differently, irrespective of their gender. | ||
| Advancing equality of opportunity | X | As above. | ||
| Promoting good relations between men and women | X | LPPs offers an opportunity to hear and reflect views across communities. Community Bodies should reflect wider community views. There is an opportunity for proposals which come out of the development of the LPP to reflect those wider views. |
| Pregnancy and Maternity | Positive | Negative | None | Reasons for your decision |
|---|---|---|---|---|
| Eliminating unlawful discrimination | X | No relevant information available | ||
| Advancing equality of opportunity | X | No relevant information available | ||
| Promoting good relations | X | No relevant information available |
| Gender reassignment | Positive | Negative | None | Reasons for your decision |
|---|---|---|---|---|
| Eliminating unlawful discrimination | X | No relevant information available | ||
| Advancing equality of opportunity | X | No relevant information available | ||
| Promoting good relations | X | No relevant information available |
| Sexual orientation | Positive | Negative | None | Reasons for your decision |
|---|---|---|---|---|
| Eliminating unlawful discrimination | X | No relevant information available | ||
| Advancing equality of opportunity | X | We will not be prescriptive about the use of specific consultation methods and will suggest that the method chosen is appropriate to the particular circumstances. | ||
| Promoting good relations | X | No relevant information available |
| Race | Positive | Negative | None | Reasons for your decision |
|---|---|---|---|---|
| Eliminating unlawful discrimination | X | The aim is to have increased engagement for all sectors of society with Local Place Plans acting as one methodology available to communities to set out proposals for how their community can develop. However, it is recognised that in order for the positive impact, the potential barriers, some of which are set out in the above evidence, should be challenged, so that people's views are gathered and reflected upon. | ||
| Advancing equality of opportunity | X | We will not be prescriptive about the use of specific consultation methods and will suggest that the method chosen is appropriate to the particular circumstances. | ||
| Promoting good race relations | X | LPPs offers an opportunity to hear and reflect views across communities. Community Bodies should reflect wider community views. |
| Religion or belief | Positive | Negative | None | Reasons for your decision |
|---|---|---|---|---|
| Eliminating unlawful discrimination | X | Evidence from the work to support Democracy Matters would suggest that people may wish to engage in planning though they are not always able to do so. The barriers may be language but also of being detached from the wider community and formal decision-making organisations and forums. The aim is to have increased engagement for all sectors of society with Local Place Plans acting as one way available to communities to set out proposals for how their community can develop. | ||
| Advancing equality of opportunity | X | As above. | ||
| Promoting good relations | X | LPPs offers an opportunity to hear and reflect views across both established and newer communities. Community Bodies should reflect wider community views. |
| Marriage and Civil Partnership[98] | Positive | Negative | None | Reasons for your decision |
|---|---|---|---|---|
| Eliminating unlawful discrimination | Not assessed |
Stage 4: Decision making and monitoring
Identifying and establishing any required mitigating action
Have positive or negative impacts been identified for any of the equality groups?
Improving the opportunities for a more collaborative approach to the planning for an area has the opportunity to support people in their aspirations for their local place. There is also the opportunity for people to engage in the planning system, and benefit in positive outcomes for health and wellbeing.
Is the policy directly or indirectly discriminatory under the Equality Act 2010[99]?
Potentially indirectly discriminatory in terms of those groups who would find it more difficult to engage including those highlighted in the Hard to Reach, Easy to Ignore research. Language barriers, lack of confidence and dominant characters can discriminate against some people during community engagement specifically women, minority ethnic groups, young and old people and people with disabilities.
If the policy is indirectly discriminatory, how is it justified under the relevant legislation?
N/A
If not justified, what mitigating action will be undertaken?
We will ask in the consultation about views on how community engagement in legislation or any associated guidance can be drafted to mitigate against any such barriers.
Describe how Equality Impact analysis has shaped the policy making process
27. The EQIA has helped highlight the potential issues which may disproportionately impact those with particular protected characteristics particularly in ensuring that their voices are heard and reflected upon.
28. We will seek views in the forthcoming consultation as to how the secondary legislation and associated guidance can mitigate any potential barriers. We will also ask how such guidance may assist in addressing the challenges people have in engaging in the planning system.
Monitoring and Review
29. Provisions exist within the Planning (Scotland) Act 2019 for Ministers to review the operation of LPPs. The Scottish Ministers must, as soon as practicable after the end of the 7 year period from Royal Assent, carry out a review of local place plans, setting out the conclusions in a report laid before the Scottish Parliament.
Contact
Email: Chief.Planner@gov.scot
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