Local place plans - proposals for regulations: consultation

Annex C: Partial Island Communities Impact Assessment

Proposals for Regulations on Local Place Plans

Introduction

1. This assessment relates to draft regulations relating to the introduction of Local Place Plans (LPPs) into the Scottish planning system. Provisions relating to LPPs were introduced in the Planning (Scotland) Act 2019.

2. 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.

3. The background to LPPs and what has led to those proposals is set out in the accompanying consultation paper.

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

4. 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.

5. 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.

6. In December 2020 the Scottish Government published guidance and a toolkit for the preparation of ICIAs^[100].

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

• Depopulation
• Economic development
• Environmental protection
• Health and wellbeing
• Community empowerment
• Transport
• Digital connectivity
• Fuel poverty
• Land management
• Biodiversity

8. The planning system has a role to play in the development and use of land in the long term public interest, including the future development of communities, and so may have a relevance to each of the considerations listed above.

Step One - Developing a clear understanding of policy objectives

9. Improving community involvement in the planning system was a key aim of planning reform^[101] from the outset. It is vital that local people have the opportunity to engage meaningfully and have a positive influence in the future planning of development in their areas. The independent planning review recommended that communities should be empowered to bring forward their own LPPs, and these should form part of the development plan.^[102]

10. Island communities are well placed to express their aspirations for the future of their local places. Many have already been actively involved in shaping where they stay through charrettes or by preparing community action plans. Examples of island communities being involved in developing locally based plans can be found in:

• Argyll and Bute: SURF Alliance for Action: Rothesay^[103]
• Highland: Isle of Rum Community Land Use Plan^[104]
• North Ayrshire: Millport Charrette, Cumbrae^[105]
• Orkney: Stromness Local Place Plan^[106]
• Shetland: Scalloway Local Place Plan^[107]
• Western Isles: Galson Estate Trust Strategic Plan 2017-37^[108]

11. These proposed regulations will cover all Scotland. However, they are permissive in nature. The regulations provide the administrative framework for LPPs. But it will be for local communities themselves to consider whether LPPs are appropriate in their local circumstances.

12. In developing the secondary legislation, our policy objectives have included:

• deliver the policy objective to promote early engagement by communities in setting out a vision for the future development of the places they stay;
• deliver a light-touch approach to secondary legislation, thus allowing for some flexibility to suit local circumstances;
• whilst light-touch, the legislation and associated guidance will provide for a robust framework for the development and consideration of LPPs; and
• recognising practice which is already in place.

Step Two - Gathering data and identifying stakeholders

Consultation

13. 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.

14. Specific to this consultation, the following primary stakeholders have been identified:

• Community bodies, including community councils, development trusts, and other individuals and organisations with an interest in shaping the development of local communities;
• Relevant local authorities; and
• Other public sector bodies, particularly those with an involvement in community planning.

Framing

15. Desk top analysis was undertaken of the evidence gathered for the development of the Planning Bill, including the equality impact assessment^[109] and ICIA^[110], plus the integrated impact assessment accompanying the early engagement^[111] on National Planning Framework 4.

16. Key data from the analysis included:

National Plan for Scotland's Islands^[112]: 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.

Planning Bill Island Communities Impact Assessment: was published in June 2019. The main theme that emerged through all the discussions was the need to allow flexibility for the islands.

• It also noted that there were mixed views on the proposal for LPPs. Whilst the principle was understood, the group shared some concerns about delivery. Challenges included resourcing to support communities who want to bring forward plans, putting pressure on small teams. It was expected that many communities on the islands would be interested but that expectations would need to be managed in light of resourcing constraints. It recommended that flexibility would be helpful, and any powers should avoid being prescriptive / introducing a new system of plans, to allow wider plans (e.g. locality plans) to become LPPs.

Population demographics: National Records of Scotland Mid-Year Population Estimates Scotland, Mid-2019 (2020)^[113]: 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)^[114] indicates in turn 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)^[115]: states that:

"The council areas with the lowest proportion of people living in a settlement^[116] 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: Figures indicate that island communities have older populations and that internet use is less in older age groups than younger ones. 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^[117].

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

Spatial and community planning

18. The National Planning Framework covers the whole of Scotland and will therefore be relevant to all island communities. In addition, all of the relevant local authorities (Comhairle nan Eilean Siar, Highland Council, Shetland Islands Council, Orkney Islands Council, Argyll & Bute Council and North Ayrshire Council) are covered by local development plans prepared under the provisions contained in the amended Town and Country Planning (Scotland) Act 1997. Locality Plans are prepared by Community Planning Partnerships under section 10 of the Community Empowerment (Scotland) Act 2015. Locality plans can be found in each of the six local authority areas covered by the 2018 Act.

19. Proposals for the additional requirement for community bodies to have regard to locality plans, where they are in place, should provide for the same policy framework for island communities.

Form and content of the Local Place Plan

20. Proposals would require community bodies to provide a statement setting out the community's proposals for the future development or use of land within the area covered by the Local Place Plan plus a map of the area covered by the Local Place Plan, which must be annotated to provide the LPP boundary. These requirements for community bodies should provide for the same policy framework for island communities.

Steps to be taken before preparing the Local Place Plan

21. The 2019 Act requires the community body to comply with any prescribed requirements as to steps which must be taken before preparing the plan. In order to provide for flexibility and reflect local circumstances, we are not proposing to include any requirements, though through the use of appropriate guidance we will provide a steer as to the range of requirements for the preparation of a successful LPP.

Submission of Local Place Plans

22. The 2019 Act sets out that a community body must comply with a range of prescribed requirements in advance of submitting the LPP to the planning authority. We have not identified any differences for island communities. The requirements for island communities should provide for the same policy framework for island communities.

Taking on board the views of councillors

23. A community body must comply with any prescribed requirements as to 'how the views of councillors for the area to which the local place plan relates are to be taken into account in the preparation of the local place plan'.

24. We note that the 2018 Act inserts section 2A into section 1 of the Local Governance (Scotland) Act 2004 providing an exception to the usual three or four member rule for electoral wards in relation to wards which consist either wholly or partly of one or more inhabited islands. In these circumstances the Local Government Boundary Commission for Scotland will have the flexibility to propose wards of one or two members.

25. We are proposing that the community body seeks the views of local ward councillors. These requirements for community bodies should provide for the same policy framework for island communities irrespective of the number of councillors.

Register of Local Place Plans and associated maps

26. Primary legislation provides that every planning authority must keep a register of LPPs. Planning authorities already have experience of maintaining registers for development management purposes and we therefore don't envisage that there are specific issues pertaining to island communities.

Potential issues and mitigation

27. The main potential issue for communities is how they can become involved in the development of the LPP.

28. There is the potential that in locations with more scattered and / or older communities, there may be difficulties in interested members of the public getting involved.

29. Given a more scattered and older population and the availability of, and reliance upon, public transport, may mean island populations may be less able to attend events linked to the preparation of an LPP, or that it is more difficult and costly to do so. However, 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 scattered, older and where access to public transport at least may be more difficult compared to larger urban areas.

30. During the COVID-19 emergency, the requirement for a physical public event as part of Pre-Application Consultation with communities has been suspended. Guidance indicates online measures for engagement should be used instead. This may provide some opportunity for more scattered and older populations to engage.

31. 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 Ofcom Connected Nations 2019 Scotland Report does indicate 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 their 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"^[118].

32. In addition, as we indicated above Na h-Eileanan Siar and the Orkney Islands have a higher proportion of older people in their population, and that older people are less likely or able to travel. The Scottish Household Survey 2020^[119] 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.

33. There also remains opportunities for more traditional methods such as local media and posters in community spaces to be used as would fit local circumstances.

Step Three – Consultation

34. 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 initial conclusion set out below.

Initial Conclusion

35. It is likely that island communities would welcome the opportunities provided by LPPs. There may be some issues around ability to attend public events, given the specific nature of island communities. But the proposals offer some flexibility for individual circumstances relating to island communities. With the information we have identified at this stage, the significance of these issues, as distinct from those in other remote parts of mainland Scotland, is difficult to gauge.

36. Our conclusion at this stage is that there does not seem to be significant implications from the proposed legislation for island communities specifically. However, as the scope of the engagement undertaken to date is relatively small, we are keen to carry out further engagement to ensure any issues are fully addressed, and any necessary mitigating measures can be considered. Therefore, the consultation paper seeks views on this screening assessment and conclusions and for any additional data or information.