Scotland 2045: fourth National Planning Framework - draft: society and equalities impact assessment

Appendix A. Equalities Impact Assessment

A.1. Executive Summary

This Equality Impact Assessment (EQIA) has considered the potential impacts of the policies contained in draft National Planning Framework 4 (NPF4). How the policies may impact on people across the protected characteristics are set out under Key Findings. 

The Scottish Government recognises that the impacts of the policies in Draft NPF4 have the potential to fall differentially on different groups in society. The evidence would suggest that women, people with disabilities, older people, children and young people and Black and Minority Ethnic groups for example, experience a variety of challenges in both engaging with the planning system, and having the system meet their needs. These may relate to the provision of appropriate accommodation or housing, physical mobility and access to and through places, plus the impact of these issues on their ability to contribute to society and feel safe.

The EQIA would suggest that there may be the potential for NPF4 to:

• remove or minimise disadvantages suffered by people due to their protected characteristics
• meet the needs of people from protected groups where these are different from the needs of other people
• encourage people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

A.2. The Scope of the EQIA

Planning is concerned with the creation of better places. The purpose of planning is to manage the development and use of land in the long term public interest. Where anything which: (a) contributes to sustainable development; or (b) achieves the national outcomes (within the meaning of Part 1 of the Community Empowerment (Scotland) Act 2015), is to be considered as being in the long term public interest.

The NPF4 must also address six high level outcomes which to differing degrees have an impact on the scope of this EQIA. These outcomes are:

a) meeting the housing needs of people living in Scotland including, in particular, the housing needs of older people and disabled people,

b) improving the health and wellbeing of people living in Scotland,

c) increasing the population of rural areas of Scotland,

d) improving equality and eliminating discrimination,

e) meeting any targets relating to the reduction of emissions of greenhouse gases, and

f) securing positive effects for biodiversity.

The Scottish Government's Planning and Architecture Division has published^[5] information about the ways it contributes to the National Outcomes. The Scottish Government envisages that these policies therefore have the potential to affect all those who live, work, or do business in Scotland not only now, but out to 2045.

As noted in the Equality and Fairer Scotland Budget Statement (2021)^[6], 'the norms and standards contained in international human rights conventions include not only the civil and political rights found in the European Convention of Human Rights – such as the rights to freedom of expression; a fair trial; privacy; and non-discrimination – but also economic, social and cultural rights.

For example, everyone in Scotland has the right to an adequate standard of living, including both adequate housing and adequate food. Other key rights include the right to the highest attainable standard of physical and mental health; to education; to social security; and to fair employment, as well as the right to take part in cultural life. United Nations treaties also provide specific rights and protections against discrimination in the enjoyment of a wide-range of human rights for women, children, disabled people, and ethnic, religious and other minorities. Human Rights issues are therefore considered as part of this EQIA.

Potential effects on children and young people are to be found in the linked Child Rights and Wellbeing Impact Assessment in Appendix B. A consideration of socio-economic impacts are to be found in the Fairer Scotland Duty assessment in Appendix C.

A.3. Key Findings

Overview

It is clear that people wish to engage in shaping the places in which 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, and a range of needs which require to be reflected.

The World Bank's Handbook for Gender-Inclusive Urban Planning Design^[7] (2020) notes that 'urban planning and design shape the environment around us – and that environment, in turn, shapes how we live, work, play, move, and rest.' It suggests that, in general, 'cities work better for heterosexual, able-bodied, cisgender men^[8] than they do for women, girls, sexual and gender minorities, and people with disabilities.'

Recently, If not now, when? - Social Renewal Advisory Board report^[9] (2021) called on the public sector to give more control to people and communities over the decisions that affect their lives. In addition, The Social Capital in Scotland: Report^[10] (2020) also noted that levels of perceived influence over local decision making have been consistently low over recent years, and across all subgroups of the population.

The analysis^[11] of the responses to the NPF4: Position Statement reflects a keen interest in how planning can create better places. There was broad support for:

• The general direction of NPF4 and the ambition for climate change to be the overarching priority.
• Embedding UN Sustainable Development Goals and Scotland's national outcomes.
• The four key outcomes (net zero emissions, resilient communities, wellbeing economy, and better, greener places) set out in the Position Statement.
• Focus on the Place Principle.

The Scottish Government has recently published its Covid Recovery Strategy: For a fairer future^[12] (2021). Though not making a direct link to Draft NPF4, it noted a number of relevant issues and evidence:

• The pandemic has also affected people's mental health, with women, young people and young carers, minority ethnic groups and those with an existing health diagnosis reporting greater impacts.
• Existing job market inequalities have been reinforced, with women, disabled people and minority ethnic people (particularly minority ethnic women) facing persistent employment and pay gaps. Those in precarious employment, carers and lone parents, the majority of whom are women, have also experienced disproportionate impacts.

The accompanying assessments to the Covid Recovery Strategy^{[13] [14] [15]} provide evidence of the impacts across the protected characteristics and on people impacted by socio-economic disadvantage.

In addition, in terms of this assessment, the Scottish Government^[16] has identified the following socially vulnerable groups as being sensitive to climate impacts.

• Older people – tend to be more sensitive to the health effects from climate impacts.
• People in poor health or with poor mobility and access – people with existing physical or mental health problems may have a lower capacity to take action.
• Social isolation – people who are socially isolated may not receive the help they need during flooding or extreme weather events as they lack the necessary support networks.

There has been a steady increase in the proportion of adults viewing climate change as an immediate and urgent problem, from 46 percent in 2013 to 68 percent in 2019. The largest increase is amongst 16-24 year olds, increasing from 38 percent in 2013 to 69 percent in 2019^[17].

In 2019, for the first time, the majority of each age group viewed climate change as an immediate and urgent problem. The proportion for each of the four age groups from 16-59 was around seven in ten, similar to that for 2018. By contrast the proportions for those aged 60-74 increased from 58 percent to 68 percent and for those aged 75+ from 46 percent to 56 percent.

With regard to health and wellbeing, in 2018 the Scottish Government and COSLA jointly published Public Health Priorities in Scotland^[18]. It sets out six priorities of a Scotland where we:

• Live in vibrant, healthy and safe places and communities
• Flourish in our early years
• Have good mental wellbeing
• Reduce the use of and harm from alcohol, tobacco and other drugs
• A sustainable, inclusive economy with equality of outcomes for all
• Eat well, have a healthy weight and are physically active.

The National Performance Framework contains a specific outcome on Health^[19].
A number of the accompanying indicators have direct relevance to developments in the built environment.

Public Health Scotland has published National Planning Framework 4: Briefing on health and proposed National Developments^[20] (2021). This briefing has informed the Scottish Government's strategic assessment of projects proposed for 'National Development' status in the Draft NPF4. The generic development types considered in this report are:

• Transport, which includes active travel, public transport and air travel
• Green and blue infrastructure/spaces
• Housing
• Mixed Use and vacant and derelict land
• Other developments, which include tourism and recreation, industrial development, and digital infrastructure
• Energy and heat generation, which includes heat networks and renewable energy generation.

We have not sought to repeat the evidence set out above in this EQIA. Additional evidence gathered under each of the protected characteristics is contained below.

Age

Relationship between Planning and the Age characteristic

Planning is concerned with the creation of better places. This requires development that can accommodate future changes of use, taking into account how people use places differently, for example depending on age and degree of personal mobility. Previously advice on improving the design of places is contained in Planning Advice Note 78: Inclusive Design^[21].

Scottish Planning Policy (2014) recognises that as part of the Housing Needs and Demand Assessment, local authorities are required to consider the need for specialist provision that covers accessible and adapted housing, wheelchair housing and supported accommodation, including care homes and sheltered housing. This supports independent living for older people. Where a need is identified, planning authorities should prepare policies to support the delivery of appropriate housing and consider allocating specific sites.

The importance of considering the age characteristic in the development of places is recognised in the questions which form the Place Standard tool^[22]. It provides a simple framework for local people to assess the quality of a place and to help structure conversations about future improvement. It allows people to think about the physical elements of a place (for example its buildings, spaces, and transport links), as well as the social aspects (for example whether people feel they have a say in decision making).

Of the 14 questions in the Place Standard tool, 6 of the questions (Natural Space, Facilities and Amenities, Work and Local Economy, Identity and Belonging, Feeling Safe, Influence and Sense of Control) directly ask people to consider age when making a response. In addition, a number of the other questions ask people to consider their responses with a perspective which has an equalities angle, for example by considering people's mobility.

With its Inclusion Standard, the National Standard for Community Engagement^[23] encourages the identification and involvement of people and groups who are affected by the focus of the engagement, and are involved at the earliest opportunity. Measures should be taken to involve groups with protected characteristics and people who are excluded from participating due to disadvantage relating to social or economic factors.

More recently, the Planning (Scotland) Act 2019^[24] contains a number of provisions supporting older people. These include:

• NPF4 high level outcomes on: meeting the housing needs of people living in Scotland including, in particular, the housing needs of older people and disabled people'; improving the health and wellbeing of people living in Scotland; and improving equality and eliminating discrimination.
• The Local Development Plan should set out the housing needs of the population of the area, including, in particular, the needs of persons undertaking further and higher education, older people and disabled people, and the availability of land in the district for housing, including for older people and disabled people;
• The planning authority evidence report is to contain a summary of the action taken to support and promote the construction and adaptation of housing to meet the housing needs of older people and disabled people in the authority's area, including an analysis of the extent to which the action has helped to meet those needs.

Evidence Base

Age and demographics

The data set out below link the age characteristic with demographic data.

The Mid-2020 Population Estimates Scotland^[25] (2020) estimated that on 25 June 2021, Scotland's population was 5,466,000. It also noted that Scotland's population is ageing. In mid-2020, 19% of the population were aged 65 and over, compared with 17% a decade earlier in mid-2010. Over the same period, the population aged 65 and over increased in all council areas.

In the 25 years from 2018 to mid-2043^[26], Scotland's population is projected to grow by 2.5% to 5.57 million. The population in Scotland is projected to rise to 5.54 million over the next 10 years (to mid-2028), an increase of 99,000 people (1.8%). However, population growth is projected to be slower than that seen in the last 10 years.

Scotland's population is projected to age^[27]. Over the 10 years to mid-2028, there are projected to be 38,100 more people of pensionable age in Scotland, with the number projected to increase by 240,300 in the 25 years to mid-2043.

All 32 Scottish council areas have seen an increase in their population aged 65 and over in the last decade – including those areas where the total population fell. The greatest increases in the population aged 65 and over were in West Lothian (32%), Orkney Islands (31%) and Clackmannanshire (31%).

Figures published in 2020 noted that people who are of pensionable age are projected to have the largest increase in population between mid-2018 and mid-2028^[28]. The largest increases are projected to be in the Lothians. Only 6 councils are projected to see a decrease in the number of people of pensionable age. The largest projected decreases are projected for: Dundee City (-3.8%) Argyll and Bute (-1.7%) Na h-Eileanan Siar (-1.2%). It was also projected that all councils will see an increase in people aged 75 and over. The scale of these increases is larger than any of the other age groups. The highest increase is projected to be in Clackmannanshire (+41.5%) and the lowest in Glasgow City (+4.3%).

The age structure of the population across Scotland continues to vary^[29]. Overall the median age was 42 years, however this can vary widely. For example: the data zone with the:

• Lowest median age (20 years) was Ruchill – 04 in Glasgow City, which contains student accommodation for Glasgow University.
• Highest median age (72 years) was Falkirk – Town Centre and Callendar Park, which contains a number of developments aimed at older residents.

In 2018, the James Hutton Institute provided demographic projections^[30] for the Scottish Sparsely Populated Area (SPA)^[31], it 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.

The summary paper^[32] provides analysis showing the possible effect on the future population size of Scotland of changes in levels of EU migration. It sets out the following points:

• The population of Scotland is projected to rise from 5.44 million in 2018 to 5.54 million in mid-2028. Overall, in the 25 year period from mid-2018 to mid-2043, it increases by 2.5% to 5.57 million.
• In a scenario of 50% less EU migration, the population of Scotland is projected to rise to 5.49 million in mid-2043 – an increase of 1.0% from mid-2018. The population is projected to peak in mid-2033, at 5.52 million.
• In a scenario of zero future EU migration, the population of Scotland is projected to fall to 5.41 million by mid-2043, resulting in an overall decrease of 0.5% over the 25 year projection period. The population is projected to peak in mid-2028 at 5.49 million, and decline thereafter.
• Varying the level of migration has the greatest effect on the number of children and people of working age, as migration is concentrated amongst young adults. The number of people of pension age is less affected.

Diana Findley, Chair of Scottish Older People's Assembly, set out^[33] her thoughts on Scotland2050 and specifically places for older people in a think piece. Key issues that relate to older people and planning include ensuring the Scotland has:

• housing that is warm, secure, accessible and adaptable to enable older people to live independently and well as they age; and
• spaces that support active, healthy ageing, where older people can access community activities and services they need, interact with people of all ages, get about easily and enjoy spending time.

Participation

In 2019^[34], only one in five adults (18%) agreed that they can influence decisions affecting their local area, while 30% said that they would like to be more involved in the decisions their council makes, a decrease from 38% in 2007.

Generally, older adults were more likely than younger adults to say they are satisfied with local government performance and less likely to want to be more involved in making decisions. The percentage of people who agree with the statement "I can influence decisions affecting my local area" is an indicator under the National Performance Framework's Human Rights Outcome^[35].

A Fairer Scotland for Older People: framework for action^[36] (2019) noted that older people want action to ensure that they have access to opportunities to remain actively engaged with, and involved in, their communities.

The Analysis of Responses to the NPF4: Position Statement consultation^[37] (2021) noted that when considering encouraging participation, that digital-only engagement can exclude many older people.

Housing

As noted above, housing for older people is currently covered in the specialist housing section of Scottish Planning Policy (2014).

Household Projections for Scotland (2018-based)^[38] (2020) noted that the number of households in Scotland is projected to increase by 120,000 (5%) over the next 10 years, from 2.48 million in 2018 to 2.60 million in 2028. Over the entire 25-year projection period, the number of households is projected to increase by 10% to 2.71 million by 2043. It also notes that Scotland's population is ageing. The number of people aged 65 and over is increasing much faster than the number of children and younger adults. This has an impact on household structure as children tend to live in larger households and older people in smaller ones.

A Fairer Scotland for Older People: framework for action³² (2019) recognises that older people want action to ensure that they have access to adequate housing that continues to meet their needs as they age.

The Analysis of Responses to the NPF4: Position Statement consultation³³ (2021) noted the issue of accessible housing supply, including through calls for the needs of groups such as older people to be explicitly considered at every stage of the development of NPF4 and the other policies and strategies that will sit alongside it. Respondents also made a range of specific suggestions relating to the delivery of accessible housing provision and how NPF4 should enable and support that delivery.

A number of issues relating to older people and housing were highlighted in the Housing to 2040: equality position statement^[39]. These included:

• Main feedback from stakeholders included concerns with regards to the rapidly increasing ageing population, the role of health and social care in the Scottish Government's approach to housing, and the importance of involvement of older people at the centre of decision-making.
• Stakeholders also called for further support for independent living and support for people wishing to downsize.
• The 2019 Scottish House Condition Survey^[40] highlighted that older people are more likely to live in less energy efficient homes.

The linked Present Voices, Future Lives final report^[41] (2021) recommended:

• New housing to be designed with more flexibility and adaptability to allow people to remain in their homes and communities as they age and encounter health and mobility issues. More adaptable housing will also remain 'fit for purpose' for a longer duration, preserving valuable physical resources.

Spaces and places

The RTPI's Practice Advice Dementia and Town Planning^[42] (2017) suggests that evidence has shown that good quality housing and well planned, enabling local environments can have a substantial impact on the quality of life of someone living with dementia, helping them to live well for longer. It goes on to say that, if you get an area right for people with dementia, you get it right for older people, for young disabled people, for families with small children, and ultimately for everyone.

The RTPI's Practice Advice Mental Health and Town Planning^[43] (2020) highlights how consideration of environments designed for positive mental health can be achieved in a variety of ways. They include:

• Encouraging inclusive and connected communities
• Creating a pedestrian friendly place
• Introducing new greenspace
• Protecting inner city access to greenspace
• Refusing permission for isolated retirement housing
• Restoring local pride
• Temporary solutions to vacant sites.

Over nine in ten adults view their neighbourhood as a very or fairly good place to live, with the majority of adults in Scotland (57.4%) rating their neighbourhood as a very good place to live in 2018^[44]. Almost nine in ten adults (87%) aged 75 and above said they felt a very or fairly strong sense of belonging to their community, compared to just over seven in ten (73%) of those aged between 16 and 24.

Based on examples in three communities in each of Edinburgh, Glasgow and Manchester, the Place-Age Place-Making with Older Adults: Towards Age-Friendly Cities and Communities^[45] 'presents policy and practice guidelines, structured according to the key issues that have emerged across case studies'. In the research, older participants identified a number of key areas for the development of age-friendly communities:

• Navigating outdoor spaces
• Housing and home
• Negotiating social participation
• Building intergenerational communities
• Enabling age-friendly cultural supports
• Respect and feeling valued.

Connectivity

Although older adults⁹ were less likely to use the internet, the gap in internet use between adults aged 16-24 and adults aged 60 and above has fallen over time from 57 percentage points in 2007 to 35 percentage points in 2018. This result has mainly been driven by an increase in internet use amongst adults aged 60+ (from 29% to 65%).

In 2018, the Scottish Government published A Connected Scotland^[46], its strategy for tackling social isolation and loneliness and building stronger social connections. It recognises social isolation and loneliness as major public issues that can have significant impacts on the physical and wellbeing of older people. This is reiterated in A Fairer Scotland for Older People: framework for action¹³ (2019) which sets out that people want actions that enable them to be and stay part of their communities, rather than having a sole focus on reacting to social isolation.

People also discussed the challenges of making new connections and friendships, and described the many ways in which they are gradually distanced from their local communities and other networks to which they belong – issues such as the impacts of changes to shopping patterns, fewer post offices, libraries and similar places, reduced public transport, unmaintained pavements and poor street lighting that pose risks to safety, and problems with availability of public toilets, for instance. They want to be part of finding new ways of doing things that build inclusive communities.

Coronavirus (COVID-19): health and social impact assessment^[47] (2020) identified specific risks that may need consideration in ongoing or new action include social isolation amongst older people, who are less likely to use online communications and who make up a large percentage of those who live alone. However, survey data suggest that it may be younger adults who are at greatest risk of poor mental wellbeing during the pandemic.

In 2019^[48], around three quarters (74%) of adults travelled the previous day. This was little changed from 73% in 2018, but a slight decrease from 77% in 2009. As in previous years, older people were less likely to have travelled the previous day than younger age groups. People aged 16 to 19 were most likely to have used the bus in the last month (57%), while people aged 50 to 59 were least likely to have used the bus in the last month (29%).

Health and Wellbeing

Public Health Scotland^[49] notes that life expectancy and healthy life expectancy are increasing for both men and women. However, the length of time spent in ill health is also rising, as the incidence of health problems increases with age.

Being active improves psychological wellbeing, boosts self-esteem, plays an important role in maintaining a healthy weight and improves mood and sleep quality.

The link between green space and wellbeing is well established. Studies have shown that people experience less mental distress, less anxiety and depression, greater wellbeing and healthier cortisol levels (the hormone that controls mood) when living in urban areas with more green space compared with less.^[50] The benefits of green and open space to people's mental health and wellbeing became very evident during the Covid-19 pandemic. Almost three-quarters (70%) of people surveyed felt spending time outdoors in nature in 2020 helped them to de-stress, relax and unwind and 56% agreed that it improved their physical health.^[51]

A case–control study of the health and wellbeing benefits of allotment gardening^[52] found that it can play a key role in promoting mental wellbeing and could be used as a preventive health measure.

The Active Scotland Delivery Plan^[53] (2018) looks to ensure everyone has access to opportunities to be active, regardless of their race or ethnicity, their disability, their gender or sexual orientation, their age or religion and includes a number of age-related actions.

The Scottish Health Survey: main report 2018^[54] (revised 2020) notes that physical activity levels varied significantly by age with younger age groups more likely to meet the Moderate to Vigorous Physical Activity (MVPA) guidelines than older age groups. A higher proportion of those aged 16-24 met the physical activity guidelines (77%), declining to 67% among those aged 45-54, and to 31% among those aged 75 and over.

The Cleaner Air for Scotland 2: equalities impact assessment^[55] (2020) noted that there is consistent evidence that older people are particularly vulnerable to the adverse effects of air pollution.

Data¹⁵ relating to indicators under the Health Outcome of the National Performance Framework indicate that:

• Adults in the 65-74 age group had the highest average wellbeing (52.0) compared to adults aged 25-34 who had the lowest average wellbeing (49.1)
• Overall, more young adults were at a normal weight compared to older adults. The age group with the greatest percentage at a normal weight was the 16-24 group at 54%, while the age group with the smallest percentage at a normal weight was the 65-74 age group (21%).
• Adults in younger age groups were more likely to be meeting physical activity recommendations compared to older adults. The most active age group was the 25-34 age group, with 77% meeting recommended levels of physical activity. The least active group was the 75+ age group, with 35% meeting the recommended activity levels.
• Results show that as adults get older they tend to make a smaller proportion of journeys under two miles by walking.

In terms of delivering improved health and wellbeing, respondents to the NPF4 Position Statement consultation¹² made reference to thinking carefully about the ageing population, and how we plan for the needs of older people in a way that is inclusive and sustainable, including maximising opportunities for independent living.

Opportunities to improve equality and eliminate discrimination on the Age characteristic

Remaining active and engaged in communities is a clear priority for older people. Issues such as feeling their voice is respected, making public spaces safe and welcoming, ensuring availability of transport at affordable prices, delivering adequate and appropriate housing, fostering communities, encouraging intergenerational activity and ensuring people feel safe in their communities are key to delivering this.

In taking steps to meet the needs of older people where these are different from the needs of other people, the Scottish Government recognises that not only is Scotland's population growing, but it is also ageing. There is a spatial dimension with the population ageing at differing rates across the country and so there is a need for some discretion for planning authorities to plan for future housing in their areas, based on a robust evidence base.

Older people want action to ensure they have access to adequate housing that continues to meet their needs as they age. And in terms of removing or minimising disadvantages suffered by people due to the age protected characteristic, older people want action to ensure they have access to opportunities to remain actively engaged with, and involved in, their communities.

Disability

Relationship between Planning and the Disability characteristic

As with the age characteristic, planning is concerned with the creation of better places. This requires development that can accommodate future changes of use, taking into account how people use places differently, for example depending on the degree of personal mobility and how places can affect people's health and wellbeing. Though planning may have focussed on issues around barriers to mobility, it should also include consideration of people with mental health needs and those living with dementia.

Of the 14 questions in the Place Standard tool¹⁸, 6 of the questions (Natural Space, Facilities and Amenities, Work and Local Economy, Identity and Belonging, Feeling Safe, Influence and Sense of Control) directly ask people to consider mobility and disability when coming to a response. In addition, a number of the other questions ask people to consider their responses with a perspective which has an equalities angle.

Advice on improving the design of places so that they can be used by everyone, regardless of age, gender or disability is contained in Planning Advice Note 78: Inclusive Design. In 2009, the Government also introduced requirements for certain planning applications to be accompanied by design and access statements at the development management stage.

More recently, the Planning (Scotland) Act 2019²⁰ contains a number of provisions supporting disabled people. These include:

• NPF4 high level outcomes on: meeting the housing needs of people living in Scotland including, in particular, the housing needs for older people and disabled people'; improving the health and wellbeing of people living in Scotland; and improving equality and eliminating discrimination;
• The Local Development Plan should set out the housing needs of the population of the area, including, in particular, the needs of persons undertaking further and higher education, older people and disabled people, and the availability of land in the district for housing, including for older people and disabled people;
• The planning authority evidence report is to contain:
• A summary of the action taken to support and promote the construction and adaptation of housing to meet the housing needs of older people and disabled people in the authority's area including an analysis of the extent to which the action has helped to meet those needs; and
• A statement on how the planning authority has sought the views of disabled people, including the extent to which the views expressed have been taken into account.

Scottish Planning Policy (2014) recognises that as part of the Housing Need and Demand Assessment, local authorities are required to consider the need for specialist provision that covers accessible and adapted housing, wheelchair housing and supported accommodation, including care homes and sheltered housing. This supports independent living for those with a disability. Where a need is identified, planning authorities should prepare policies to support the delivery of appropriate housing and consider allocating specific sites.

In addition, current planning policy provides for specific provision for parking for disabled people in addition to general provision in retail, recreation and leisure developments. The minimum number of car parking spaces for disabled people at places of employment are also provided for.

Planning Advice Note 3/2010: Community Engagement^[56] recognises that an understanding is needed about the support particular individuals or groups require to help them engage. It notes that the needs of minority groups and people with disabilities should be accommodated where possible, including the opportunity to access information in alternative formats such as Braille, large text and audio, and the provision of information in alternative languages. Some people may need practical support with, for example, transport or child care, and whilst this is sometimes impractical, the benefits of providing some assistance can be considerable.

Evidence base

Census^[57] data from 2011 reports that the proportion of people in Scotland with a long-term activity-limiting health problem or disability was 20%. A higher proportion of women than men were limited in their day-to-day activities by a long-term health problem or disability. Just under a quarter (24%) of adults in Scotland reported having a limiting long-term health condition in 2019^[58], one percentage point more than the year before.

Participation

The NPF4: Position Statement analysis, when referring to the 20 minute neighbourhood policy, noted that diverse needs should be taken into account. It was suggested that it will be important not just to focus on people living and working in a particular place, but to connect to wider organisations – for instance those representing disabled people. A connected point was that plans around reducing the need to travel will need to take into account that some equalities groups will need to travel to access suitable support and social activities.

A Fairer Scotland for Disabled People (2016) is the Government's delivery plan to 2021 for the United Nations Convention on the Rights of Persons with Disabilities^[59]. It sets out active participation as one of its five ambitions - disabled people can participate as active citizens in all aspects of daily and public life in Scotland.

Disabled people are keen to be involved in shaping the places that they stay, but that there can be barriers to that engagement. Supercharged: A human catastrophe^[60] (2020) prepared by the Glasgow Disability Alliance calls for the lived experience of disabled people to be embedded in the redesign of public spaces and town planning. It goes on to state that through inclusive digital and offline engagement and capacity building, disabled people's aspirations should be raised, providing opportunities to fulfil their potential, and strengthen participation and democracy.

As reported in the National Performance Framework - disability perspective: analysis^[61] (2021) disabled people were slightly less likely than non-disabled people to agree with the statement 'I can influence decisions affecting my local area'. The percentage of people who agree with the statement 'I can influence decisions affecting my local area' is an indicator under the National Performance Framework's Human Rights Outcome. Significantly fewer disabled people viewed their neighbourhood as a very good place to live compared to non-disabled people (51% vs 59%).

Accessing Housing and Spaces/Places

According to the Equality and Human Rights Commission (EHRC) report Housing and disabled people (2018)^[62], Scotland's disabled population faces considerable housing challenges. Appropriate and accessible housing is the cornerstone of independent living and can transform people's lives for better, yet many disabled people across Scotland live in homes that do not meet their needs. The report highlights the scale of the issue and states that only approximately 1% of housing is fully accessible for wheelchair users; 61,000 people need adaptations to their home; and almost 10,000 disabled Scots are on housing waiting lists.

With regard to the priorities for disabled people, the particular issue of accessible housing supply have been raised, including through calls for the needs of groups such as older and disabled people to be explicitly considered at every stage of the development of NPF4 and the other policies and strategies that will sit alongside it. It was a clear message from the Scotland2050 Think Pieces prepared by Grant Carson^[63] of the Glasgow Disability Alliance and Susan Fitton^[64] from Inclusion Scotland. A Fairer Scotland for Disabled People (2016)⁵⁵ sets out places that are accessible to everyone as one of its five ambitions - disabled people can live life to the full in homes and communities across Scotland, with housing and transport and the wider physical and cultural environment designed and adapted to enable disabled people to participate as full and equal citizens.

Housing and other issues were raised in Inclusion Scotland's Disabled People's Views of the Fairer Scotland For Disabled People Delivery Plan^[65] (2020). It set out that almost half (43%) of people said the accessibility of places had stayed the same, around a third (31%) said they had got worse, 16% said they had got better and 10% said they were not sure. The issues for disabled people were:

• There is not enough accessible housing and disabled people are still living in unsuitable accommodation which does not meet their needs.
• The built environment is often inaccessible and initiatives like 'shared spaces' and others which promote active travel have had particular detrimental impacts on disabled people.

A number of issues and evidence relating to older people and housing were highlighted in the Housing to 2040: equality position statement^[66]. These include:

• According to the 2018 Equality and Human Rights Commission^[67] report on housing issues affecting disabled people, Scotland's disabled population faces considerable housing challenges.
• The travelling exhibition Final Report 'Present Voice, Future Lives'^[68] (2021), also highlighted the need for houses which can adapt and change with their occupants over the course of a lifetime, particularly as they grow older and potentially encounter mobility issues.

The Royal Town Planning Institute's practice advice: Mental Health and Planning^[69] (2020) notes four key themes for places: Green, Active, Pro-social and Safe.

The National Performance Framework - disability perspective⁵⁷: analysis (2021) found that significantly fewer disabled people lived within 5 minutes' walk of their nearest green or blue space - three fifths (61%) of disabled adults had this access, compared to just over two thirds (67%) of non-disabled adults. And that two fifths (40%) of disabled people made one or more visits to the outdoors per week, compared to just under two thirds of non-disabled people (61%).

Figures from the 2017/18 Scottish Crime and Justice Survey show that 65% of those with a disability felt very/fairly safe, compared to 80% without a disability. It noted that there may be complex factors in addition to protected characteristics which make people feel safe/unsafe, for example whether they live in deprived areas.

Connectivity

The analysis of responses to the NPF4 Position Statement noted that investment in public transport was argued to be key for people with a disability, to ensure an integrated public transport system that is affordable, available and accessible for everyone.

There was no significant difference⁵⁷ between the percentage of disabled and non-disabled people who usually travelled to work by public or active transport across 2018-19.

Prepared by Inclusion Scotland, Disabled People's Views of the Fairer Scotland For Disabled People Delivery Plan⁶¹ (2020) identified that disabled people are still unable to use public transport in a consistent way.

Transport Scotland recently published data on Disability and Transport: Findings from the Scottish Household Survey^[70] (2021). It noted that:

• Disabled people tend to make fewer journeys than those non-disabled people and, on average, their journeys are shorter in distance.
• In broad terms, the modes of travel used by both disabled and non-disabled people are similar. For example, car driving journeys account for by far the largest proportion of journeys for both groups.
• A lower percentage of disabled people possess a driving licence (51% vs 75%) and a lower percentage have access to a car (52% vs 77%).

The Scottish Household Survey: Annual Report 2019 (2020) noted that 71% 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%) and those who have none (94%).

The Coronavirus (COVID-19): health and social impact assessment^[71] (2020) noted that digital exclusion is also an issue for people with learning disabilities as they may not have access to or be able to effectively access online support and services and connect with friends and family.

Supercharged: A human catastrophe (2020) 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.

Health and Wellbeing

Data¹⁵ relating to indicators under the Health Outcome of the National Performance Framework indicate that:

• People with a limiting long-term health condition had lower mean average mental wellbeing (45.4) compared to those who were not disabled (51.9).
• 28% of adults with a limiting long-term health condition were at a normal weight in 2019, compared to 35% of those who did not have a limiting long-term condition.
• 55% of adults with a limiting long-term health condition met physical activity recommendations, compared with 73% of those without.
• People with a permanent sickness or disability take a greater proportion of their short journeys on foot than the general population.

The Cleaner Air for Scotland 2: equalities impact assessment⁵¹ (2020) noted that achieving compliance with air quality objectives and reducing preventable air pollution will improve air quality for Scotland's population, protecting those more vulnerable to its health impacts, including disabled people.

A range of evidence shows that disabled people have poorer mental health than non-disabled people. Recent data from the Scottish Health Survey shows that, in 2018, disabled people had lower mental wellbeing than non-disabled people (45 compared to 52 on a scale of 14 to 72)^[72].

The Women's Health Plan^[73] (2021) underpins actions to improve women's health inequalities by raising awareness around women's health, improving access to health care and reducing inequalities in health outcomes for girls and women, both for sex-specific conditions and in women's general health. One of its guiding principles is that the right to health is a fundamental human right, everyone has the right to the highest attainable standard of physical and mental health. It notes that a 2018 report from Engender describes how disabled women in Scotland report experiencing specific barriers when accessing a range of services, including a lack of accessible facilities.

The National Performance Framework - disability perspective: analysis⁵⁷ (2021) noted that significantly fewer disabled people lived within 5 minutes' walk of their nearest green or blue space - three fifths (61%) of disabled adults had this access, compared to just over two thirds (67%) of non-disabled adults. It also noted that just over half (55%) of adults with a limiting long-term condition met physical activity recommendations, compared to almost three quarters (73%) of non-disabled people. However, between 2017 and 2019 the percentage of adults with a limiting long-term condition meeting physical activity guidelines rose from 49% to 55% - a statistically significant change.

In 2018-19 disabled people were significantly less likely than non-disabled people to agree or strongly agree that there were places in which people can meet up and socialise.

Opportunities to improve equality and eliminate discrimination on the Disability characteristic

Draft NPF4 has the opportunity to contribute to the following areas and support the needs and aspirations of disabled people. Key elements include:

• Disabled people can participate as active citizens in all aspects of daily and public life.
• Disabled people to benefit from increased availability of affordable and accessible housing to support people to continue to life independent lives.
• Increased availability of accessible and inclusive transport and services.

Evidence would suggest that Draft NPF4 should include measures which enable disabled people's equal participation in the planning system and for the decisions taken to reflect a diversity of perspectives. There is an opportunity to build on tools such as the Place Standard.

In taking steps to meet the needs of disabled people where these are different from the needs of other people, the Scottish Government has noted that disabled people want action to ensure they have access to adequate housing to meet their needs.

The Scottish Government recognises that disabled people wish to play an active role in the development of the places they live, work and stay. In terms of removing or minimising disadvantages suffered by people due to the disability protected characteristic, the Draft NPF4 policies on local living can provide an opportunity to shape places which act as complete, connected and compact neighbourhoods designed in such a way that all people can meet the majority of their daily needs within a reasonable walk, wheel or cycle of their home.

Sex

The Scottish Government's Equality Evidence Finder^[74] notes that Scotland had a relatively even split between sexes, with 51% females and 49% males, although this varied amongst age groups.

Relationship between Planning and the Sex characteristic

Planning is concerned with creation of better places. This requires development that can accommodate future changes of use, taking into account how people use places differently, for example depending on their sex. Organisations such as The World Bank have noted in general, 'cities work better for heterosexual, able-bodied, cisgender men than they do for women, girls, sexual and gender minorities, and people with disabilities'.

Of the 14 questions in the Place Standard tool¹⁸, 6 of the questions (Natural Space, Facilities and Amenities, Work and Local Economy, Identity and Belonging, Feeling Safe, Influence and Sense of Control) directly ask people to consider the sex characteristic when coming to a response. In addition, a number of the other questions ask people to consider their responses with a perspective which has an equalities angle, for example, ease of access to childcare.

Scottish Planning Policy (SPP) (2014) currently notes that planning should support development that is designed to a high-quality, which demonstrates the six qualities of successful places. The adaptable quality takes into account how people use places differently, for example depending on age, gender and degree of personal mobility.

Scotland's Gender Equality Index 2020^[75] sets a baseline against which Scotland will be able to measure its future progress towards gender equality. It comprises six domains: work, money, time, knowledge, power and health, which are identified as key areas of life for women and men in Scotland. It highlights key areas where policy makers could target and develop programmes to make the largest impact on improving gender equality. Scotland's progress towards gender equality under these measures will be revealed in the next update of this index, which is scheduled for 2023. Potential key areas for planning and NPF4 are issues around access to employment, health and wellbeing and safety.

With reference to community participation in the planning system, Planning Advice Note 3/2010⁵² recognises that community can be based on a common interest, value or background – for example societal groups (based on race, faith, ethnicity, disability, age, gender or sexual orientation). It goes on to recognise that certain techniques can be used in a practical sense to support the engagement of women, such as the provision of child-care or engagement with mother-toddler groups.

Evidence Base

Participation

Research from 2004^[76] would suggest that women were slightly more likely than men to become involved in the planning process. This study was focussed on development management.

Of the 14 questions in the Place Standard tool¹⁸, 6 of the questions (Natural Space, Facilities and Amenities, Work and Local Economy, Identity and Belonging, Feeling Safe, Influence and Sense of Control) directly ask people to consider the sex protected characteristic when coming to a response. In addition, a number of the other questions ask people to consider their responses with a perspective which has an equalities angle.

A 2018 article in The Planner^[77] noted that planning frameworks and policy should embed gender equality as a design standard. At all levels, planning initiatives should include measures to enable women's equal participation and to include a diversity of perspectives.

Gender was also highlighted as a key measure in relation to current inequality within Scotland's economy and employment. Specific suggestions for NPF4 seeking to address gender inequalities included incorporating analysis of the gender pay gap and women's representation as part of local and national strategic planning.

The Scottish household survey: Key Findings report^[78] from 2020 outlined that over three-quarters (78%) of adults felt a very or fairly strong sense of belonging to their neighbourhood. It also noted that older people and women were more likely to report a strong sense of belonging to their neighbourhood.

The First Minister's National Advisory Council on Women and Girls 2019 Report and Recommendations^[79] (2020) noted that:

• 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.

Spaces, places and connectivity

Whilst evidence^[80] would suggest that there was no significant difference between men and women who were victims of SCJS crime in 2019/20, it also notes that fewer women than men (69% compared to 76%) thought that the local crime rate had stayed the same or reduced in the past two years.

The First Minister's National Advisory Council on Women and Girls 2019 Report and Recommendations⁷⁵ (2020) noted that women are much less likely to feel safe walking alone in their neighbourhood after dark (66% vs 89% of men).

This is reinforced by the Scotland2050^[81] Think Piece by the late Emma Ritch of Engender. She writes that: in the medium term, evidence, including from engagement with women, will be applied to planning processes in a gendered way, ensuring more gender-sensitive planning. In the long term, our public spaces will meet the distinct needs of women and men, and advance equality between women and men.

Intensive family support should be community based^[82]: support must be explicitly connected to, or even housed in, locations that work for local families and the community, such as schools, health centres, village halls and sports centres. Communities must have a say in where support is located.

The Royal Town Planning Institute's Women in Planning (Part II)^[83] (2021) provides a narrative around the impact of the planning profession on the day-to-day lives of women. Many of the study respondents appeared to agree that inequalities associated with women's movement through, and enjoyment of, the built environment stem from society's car dependency. With the design of cities principally focused around creating and improving road infrastructure for the private motor vehicle, this not only presents problems for the walkability and safety of neighbourhoods, but also for women's access to employment and educational opportunities with implications on career advancement. Study respondents also reported safety concerns with respect to public transport, lack of public surveillance in town centres, and inadequate street lighting that make the built environment awkward for women. In addition to safety concerns, lack of locally accessible employment opportunities, childcare facilities, public transport services, public toilet facilities, as well as inadequate pedestrian infrastructure were frequently cited by study respondents as significant barriers to women's access to equal opportunities in the built environment. This was particularly the case for those with caring responsibilities.

Women tend to use buses^[84] more frequently than men (26% of women used the bus at least once a week compared to 23% of men). More recently, The Young Women's Movement report^[85] (2021) looked at elements of Glasgow's transport and open space infrastructure through what it described as a 'feminist town planning' lens.

The need for a strategic spatial planning approach to public toilets in Britain^[86] (2015) provides a spatial dimension to the provision of public toilets, arguing for a toilet distribution hierarchy. The impact particularly on women and older people who 'have to plan their journeys carefully, or give up going out altogether, as a result of toilet closure' is cited.

Health and Wellbeing

The Women's Health Plan⁶⁹ (2021) notes that promoting health and disease prevention can include ensuring women have information about the benefits of building and maintaining a healthy lifestyle including being physically active and maintaining a healthy weight.

The Active Scotland Delivery Plan^[87] (2018) looks to ensure that everyone has access to opportunities to be active, regardless of their race or ethnicity, their disability, their gender or sexual orientation, their age or religion.

As reported in 2020^[88], a slightly higher proportion of men walk almost every day. 24% of men walked as a means of transport on 6-7 days in the last week in 2019, compared to 20% of women. A higher proportion of men cycle. 7% of men had cycled at least once as a means of transport in the last week, compared to 3% of women.

Data¹⁵ relating to indicators under the Health Outcome of the National Performance Framework indicate that:

• With regard to mental health wellbeing, there was little difference between the scores for men (49.9) and women (49.7)
• 29% of men were at a healthy weight in 2019, compared to 36% of women.
• Men were more likely to meet the physical activity recommendations than women (71% compared to 61%).
• Men take a larger proportion of short journeys by bike than women.

The Scottish Health Survey: main report 2018⁵⁰ (revised 2020) notes that men were significantly more likely than women to meet the guidelines on physical activity across all age groups, with the greatest differences in the oldest and youngest age groups. Among men in the youngest age group (16-24), 83% met the guidelines, compared with 70% of women in the same age group and among men aged 75 and over, 39% met the guidelines compared with 26% of women in the same age group.

In 2019^[89], men were more likely than women to visit the outdoors weekly (58% compared to 54%). This was also found in 2017, when the figures were 54% and 51% respectively. No such difference between men and women was observed in 2018.

The Cleaner Air for Scotland 2: equalities impact assessment⁵¹ (2020) noted that the issue of sex differences in vulnerability to air pollution is complex. The evidence is inconsistent in studies of adults, although research in older adults and studies that have used estimates of exposure based on place of residence suggest that the effects of air pollution are more pronounced in women.

Opportunities to improve equality and eliminate discrimination on the Sex characteristic

Evidence would suggest that Draft NPF4 should include measures which enable women and men's participation in the planning system and for the decisions taken to reflect a diversity of perspectives. There is an opportunity to build on tools such as the Place Standard and link with the forthcoming guidance on effective community engagement in Local Development Plans.

In taking steps to meet the needs of women and men where these are different, the Scottish Government has noted particular issues around the way that women and men use public places. Key to this will be issues reflecting access to local employment and community facilities and the safety of users of public spaces. There is an opportunity to reflect this in policies within Draft NPF4.

In terms of removing or minimising disadvantages suffered by people due to this protected characteristic, the Draft NPF4 policy on local living provides an opportunity to shape places which act as complete, connected and compact neighbourhoods designed in such a way that all people can meet the majority of their daily needs within a reasonable walk, wheel or cycle of their home.

Sexual Orientation

Relationship between Planning and the Sexual Orientation characteristic

Data in Sexual Orientation in Scotland 2017: summary of evidence base^[90] would suggest that there is in the region of 2% of people in Scotland who identify as LGBO (Lesbian, Gay, Bisexual, Other). Spatially, the above summary of evidence considered that access to the community may be one reason why a higher proportion of LGBO people live in urban areas.

It has been suggested that there is a spatial dimension to where the LGBT community lives in Scotland, with a focus of the community in large urban areas. This has, for example, potential implications for effective engagement with the community.

Evidence Base

Participation

Hard to Reach, Easy to Ignore^[91] (2017) noted that communities are now recognised to exist beyond geographical areas, therefore more needs to be done to tackle the inequalities faced by communities of identity (such as LGBT+ group).

Of the 14 questions in the Place Standard tool, 6 of the questions (Natural Space, Facilities and Amenities, Work and Local Economy, Identity and Belonging, Feeling Safe, Influence and Sense of Control) directly ask people to consider sexuality when coming to a response.

As a whole, Consultation on the Modernisation of the Planning System with 'seldom heard' Groups^[92] (2009) suggested that this group had no special needs or requirements when it came to planning, with their views representative of the general population. However, more recent research and guidance including in the World Bank's Handbook for Gender-Inclusive Urban Planning and Design (2020) suggests that our understanding of the needs of marginalised groups is developing.

Housing

A number of issues relating to the sexual orientation characteristic and housing were highlighted in the Housing to 2040: equality position statement¹⁴. These include:

• Stonewall Scotland's report^[93] highlighted that LGBT people are vulnerable to and at increased risk of homelessness, highlighting that almost one in five LGBT people (18%) have experienced homelessness at some point in their lives. LGBT young people in particular are disproportionately represented in the young homeless population; and
• For some LGBT people, the risks of homelessness, insecure employment, restricted access to healthcare and other inequalities will deepen as a result of the COVID-19 crisis.

Spaces and Places

Queering Public Space^[94] (2021) noted that planners should think beyond the gayborhood and move inclusive practice towards LGBTQ+ people beyond preserving queer places. They need to incorporate LGBTQ+ inclusion and safety in public space into their use of devices such as equality impact assessments and into the practical application of Statements of Community Involvement (participation statements) by consulting with LGBTQ+ groups.

In a survey of 684 LGBT children and young people (aged 13-25), less than half said there were enough places where they could safely socialise and be open about their sexual orientation and gender identity. This was a particular issue for transgender and non-binary people, of whom less than one third said there were enough places where they could socialise safely.^[95]

A Report by Scottish Alliance for Children's Rights^[96] notes LGBT children and young people may be significantly disadvantaged in accessing adequate play, leisure and culture opportunities.

Information contained in Hate Crime in Scotland 2018-19^[97] is obtained from the Crown Office and Procurator Fiscal Service (COPFS) operational database. It notes that 1,176 charges were reported with an aggravation of prejudice relating to sexual orientation, 5% more than in 2017-18.

Opportunities to improve equality and eliminate discrimination on the Sexual Orientation characteristic

Whilst we don't have specific evidence that participation in planning is disproportionately low for people with this protected characteristic, evidence would suggest that there may be value in ensuring that participation forms part of a collaborative approach to community engagement. There is an opportunity to build on tools such as the Place Standard.

Tackling issues around access and safety in public spaces may be of particular concern to this group of people. There is an opportunity to reflect this in policies within Draft NPF4.

Pregnancy and Maternity

There is considerable evidence of beneficial effects of access to green space for the health of pregnant women. Specifically, studies in Europe showed positive associations between access to nearby green space and both reduced blood pressure and reduced depression in pregnant women, with a stronger effect for reduced depression in disadvantaged groups.^[98]

Research also shows that access to green space in close proximity to the homes of pregnant women was positively associated with birth weight. Birth weight is a useful indicator of health in early life: low birth weight is one of the major predictors of neonatal and infant mortality, as well as long‐term adverse effects in childhood and beyond. Recent studies also found a positive association between residential greenness measured and birth weight.

Responses to the NPF4: Call for Ideas noted that places that have not been designed to enable access by those with a variety of access needs become inaccessible, including for disabled women, carers, older women, pregnant women, and mothers of young children. In addition, a report^[99] of the Scoping Exercise held in June 2020 to review English Guidance on Safer Public Places noted that pregnant women may also find standing difficult and need facilities to sit down.

The Cleaner Air for Scotland 2: equalities impact assessment⁵¹ (2020) noted that epidemiological studies suggest a link between air pollution exposure and premature birth, with the strongest evidence for gaseous pollutants (O3 and SO2) and weaker evidence for particulates (PM2.5 and PM10). The strongest evidence from epidemiological studies of pregnancy outcomes is that air pollution affects foetal growth and birth weight. There is some suggestion that socio-economic deprivation increases the adverse effects of air pollution on low birth weight.

Opportunities to improve equality and eliminate discrimination on the Pregnancy and Maternity characteristic

Tackling issues around access to facilities and public spaces may be of particular concern to people with this protected characteristic. There is an opportunity to reflect this in policies within Draft NPF4.

Noting the connection between premature birth and air pollution exposure, there is scope to promote air quality through policies in Draft NPF4.

Race

Relationship between Planning and the Race characteristic

Data from the 2011 Census^[100] would suggest that around 4% of people in Scotland were from minority ethnic groups - an increase of two percentage points since 2001. There is also a spatial diversity across Scotland. Council areas with large cities had the highest proportion of their population from a minority ethnic group: 12% in Glasgow City, 8% in City of Edinburgh and Aberdeen City and 6% in Dundee City. In addition, 0.8% of the population in rural areas were from an ethnic minority background.

Census data also shows that, with regard to the Gypsy/Traveller community⁹⁶ there are spatial variations across Scotland. Just over 4,000 people in Scotland identified in the 2011 census that their ethnic group was 'White: Gypsy/Traveller' and this represented 0.1% of the population. However, it has been suggested that this is likely to underestimate the Gypsy/Traveller population due to a range of issues such as reluctance of individuals to identify as Gypsy/Travellers and challenges accessing the population living on sites and by the roadside. Organisations that work with Gypsy/Travellers believe Scotland's community comprises 15,000 to 20,000 people. Data suggested that the highest proportion of the community reside in the Perth and Kinross Council area.

Improving the lives of Gypsy/Travellers 2019-2021^[101] (2019) states that everybody has the right to a safe and secure home. It notes that improving the lives of Gypsy/Traveller communities is a significant human-rights commitment for Scottish Government and COSLA and is crucial if deep-rooted inequalities are to be tackled and deliver a fairer Scotland. It commits the Scottish Government, through the review of national planning policy, to ensure that Gypsy/Travellers have a stronger voice, at both national and local level, in guiding the future development of their places.

More recently, the Planning (Scotland) Act 2019²⁰ contains a number of provisions supporting Gypsy/Travellers. The planning authority evidence report is to contain:

• A summary of the action taken to meet the accommodation needs of Gypsy/Travellers in the authority's area, and an analysis of the extent to which the action has helped to meet those needs; and
• A statement on how the planning authority has sought the views of Gypsy/Travellers, including the extent to which the views expressed have been taken into account.

Evidence Base

Participation

Of the 14 questions in the Place Standard tool, 6 of the questions (Natural Space, Facilities and Amenities, Work and Local Economy, Identity and Belonging, Feeling Safe, Influence and Sense of Control) directly ask people to consider ethnicity when coming to a response.

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^[102]. 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.

Census data^[103] suggests that English language skills for Gypsy/Travellers aged 3 and over were generally lower than for the population as a whole. Only 83% of Gypsy/Travellers could speak, read and write English compared to 94% of the whole population.

Respondents to the NPF4 Position Statement consultation also highlighted the benefits of green space in terms of the wellbeing of communities, and cited evidence that lower income households and Black, Asian and minority ethnic communities are disproportionately impacted by loss of green space.

It also went on to say that, in relation to policy on 20 minute neighbourhoods, it should ensure diverse needs are taken into account, it was suggested that it will be important not just to focus on people living and working in a particular place but to connect to wider organisations – including those representing Gypsy/Travellers.

There was support for the expansion of current planning policy to support Gypsy travellers and a call for additional efforts to liaise directly with the Gypsy traveller community to ensure any strategy is fit for their purpose.

There was also a call for action to address inequality of opportunity to participate, with specific calls for a greater voice for children and young people and groups such as Gypsy/Travellers.

Spaces and places

Data^[104] accompanying the National Performance Framework Indicators noted:

• In 2019, adults from a white ethnic background were more likely to rate their neighbourhood as a very good place to live (58% of adults), compared to adults from minority ethnic groups (46% of adults).
• White Scottish people are more likely to agree (57%) than people with a minority ethnicity (51%) that there are places in interact in their neighbourhood.
• 66% of those from the white ethnic group reporting living within a five 5 minute walk of the nearest greenspace, compared to 46% of those from ethnic minorities.

Housing and accommodation

In response to Housing 2040³⁵ engagement, stakeholders highlighted that the needs of ethnic minority older people with complex needs were not being met by current service provision, and that appropriately sized affordable houses should be built across all tenures to meet specific local and cultural needs. It goes on to note that combined 2016-2019 Scottish House Condition Survey data demonstrates that a significantly higher proportion of households with a non-white minority ethnic Highest Income Householder (HIH) were overcrowded (7%), compared to households with a white Scottish/British HIH (2%).

Participants in the 2021 review of minority ethnic housing needs^[105] reported that location and appropriately sized accommodation, to accommodate larger family sizes and extended family living, were particularly important for some minority ethnic groups. It also noted that reasons for overcrowding can include larger household sizes and extended families living together, lower availability of housing of a sufficient size that is affordable and/or housing being outwith desired locations.

The available evidence from 2018^[106] identified a total of 54 Gypsy/Traveller sites across Scotland, including 29 public and 25 private sites. These 54 sites provide a total of 613 pitches, with the great majority of these let on a permanent basis. It went on to note that of the 19 landlords providing public Gypsy/Traveller sites, 12 reported having current waiting list applicants and/or had to turn away Gypsy/Travellers within the last year who were looking for site accommodation.

The Scottish Government published Gypsy/Travellers - accommodation needs: evidence review^[107] in 2020. It concluded that the failure to meet the accommodation needs of Gypsy/Travellers is a key factor in the discrimination that they face, and often places them in conflict with the settled community. It went on to note that such opposition continues to present a significant barrier to further site provision. Ways to alleviate this tension and engage the wider community in the planning process should be considered.

In the response of the Equality and Human Rights Commission (the EHRC) to the UK Government's eighth periodic report to the United Nations Committee on the Elimination of All Forms of Discrimination Against Women^[108], the EHRC noted the lack of residential and transit accommodation across Great Britain routinely affects Gypsy/Traveller women's right to an adequate standard of living.

Health and Wellbeing

Public Health Scotland^[109] (last updated 2021) has reported that Scottish data suggests that minority ethnic groups, with some exceptions such as Gypsy/Travellers, have better general health than the majority of the white population. These differences can vary by disease and ethnic group. It goes on to note that there is also scope for ethnically targeted obesity and diabetes prevention strategies.

In 2011¹⁰⁰ 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.

Gypsy/Traveller communities experience poorer outcomes in terms of living standards, education, health and employment, and often face extreme and persistent stereotyping and hostility as they go about their lives.

Opportunities to improve equality and eliminate discrimination on the Race characteristic

Evidence would suggest that Draft NPF4 should include measures which enable people's participation in the planning system and for the decisions taken to reflect a diversity of perspectives. There is an opportunity to build on tools such as the Place Standard and link with the forthcoming guidance on effective community engagement in Local Development Plans.

In taking steps to meet the needs of people where these are different, the Scottish Government has noted particular issues around housing and accommodation needs. There is scope for policies within Draft NPF4 to reflect those needs, particularly around the provision of larger affordable homes and the particular accommodation needs for Gypsy/Travellers.

Religion and Belief

Relationship between Planning and the Religion and Belief characteristic

Christian denominations represented the majority of the Scottish population^[110] (54%). The next largest religion was 'Muslim' which represented over 1%, and the other religions combined (including 'Hindu', 'Buddhist', 'Sikh' and 'Jewish') represented a further 1%. 37% of the population stated they had no religion in 2011, an increase of over half a million people from 2001. 7% of people did not state their religion.

Planning Advice Note 3/2010: Community Engagement⁵² recognises that an understanding is needed about the support particular individuals or groups require to help them engage. It notes that the needs of minority groups should be accommodated where possible, including the opportunity to access information in alternative formats such as the provision of information in alternative languages.

Of the 14 questions in the Place Standard tool, 6 of the questions (Natural Space, Facilities and Amenities, Work and Local Economy, Identity and Belonging, Feeling Safe, Influence and Sense of Control) directly ask people to consider religious belief when coming to a response.

Responses to the Scottish Household Survey in relation to the national indicator on access to green or blue space, reveals that those responding as having no religion or as Christian were more likely to live within 5 minutes of a greenspace compared to those belonging to another religion. 63.61% of Christians, compared to 48.09% of those from other religions indicated they lived within 5 minutes' walk of their nearest green or blue space.^[111]

Produced by the Faith and Place Network^[112], this 2016 policy briefing sets out recommendations for planning authorities in England and Wales based on the five themes of 'understanding one another', 'faith groups and community', 'equality and diversity', 'sharing creative practice' and 'the planning framework'.

Opportunities to improve equality and eliminate discrimination on the Religion and Belief characteristic

Evidence would suggest that Draft NPF4 should include measures which enable people's participation in the planning system and for the decisions taken to reflect a diversity of perspectives. There is an opportunity to build on tools such as the Place Standard and link with the forthcoming guidance on effective community engagement in Local Development Plans.

Gender Reassignment

We have only been able to gather limited information regarding this protected characteristic.

In a survey, less than one third of transgender and non-binary people said there were enough places where they could socialise safely.^[113]

54% of trans respondents avoided being open about their gender identity in 'the park' for fear of a negative reaction from others^[114]

"Another factor leading to non-binary people and women feeling uncomfortable in Glasgow Parks is the lack of public toilets. 55.4% highlighted that there were no toilets in the park they most frequently visited, and 35.8% of participants indicated that the provision of more toilets would encourage them to visit parks more frequently and for longer periods of time."^[115]

National Developments

National developments are those that strongly support the delivery of the spatial strategy, i.e. are 'needed'. Their identification is helpful to those delivering and hosting them including: public, commercial, and third sector bodies; and communities.

The national developments proposed in the Draft NPF4 are aligned to wider Scottish Government policy as far as is reasonable to do so at this time, to strengthen the connection between the NPF4 spatial strategy and delivery.

Over 250 national development suggestions were received and were considered against four criteria:

Climate change: The development will help to reduce emissions, contributing to Scotland's target of net zero emissions by 2045, will be emissions neutral, or emissions negative.

People: The development will support the health, wellbeing, sustainability, and quality of life of our current and future population.

Inclusive Growth: The development will contribute to sustainable economic growth that helps to reduce poverty and inequality across Scotland.

Place: The development will protect or enhance the quality of a place or improve biodiversity.

The Draft NPF4 includes 18 proposed National Developments:

• Central Scotland Green Network
• National Walking, Cycling and Wheeling Network
• Urban Mass/Rapid Transport Networks
• Urban Sustainable, Blue and Green Drainage Solutions
• Circular Economy Materials Management Facilities
• Digital Fibre Network
• Islands Hub for Net Zero
• Industrial Green Transition Zones
• Pumped Hydro Storage
• Hunterston Strategic Asset
• Chapelcross Power Station Redevelopment
• Strategic Renewable Electricity Generation and Transmission Infrastructure
• High Speed Rail
• Clyde Mission
• Aberdeen Harbour
• Dundee Waterfront
• Edinburgh Waterfront
• Stranraer Gateway

A.4. Recommendations and Conclusions

This EQIA has supported the development of the Draft NPF4. In taking forward this draft, the Scottish Government has considered the three elements of the Public Sector Equality Duty: eliminate unlawful discrimination, harassment and victimisation; advance equality of opportunity between people who share a protected characteristic and those who do not; and foster good relations between people who share a protected characteristic and those who do not. The EQIA has helped highlight the potential issues which may impact disproportionately on those with particular protected characteristics.

Participation

Evidence shows that people want to be involved in shaping the places where they live, work or stay. The Scottish Government wishes to encourage people from all protected groups to participate in public life by engaging in shaping the way their communities develop and being involved more proactively in decision-making. However, as noted in the Social Capital in Scotland: Report⁶ (2020), levels of perceived influence over local decision making have been consistently low over recent years, and across all subgroups of the population. New provisions in the 2019 Planning Act enhance the opportunities for people to become more involved in planning, and importantly for planning authorities to set out how those views have been taken into account.

As noted above, the Place Standard tool provides a positive starting point for the gathering of people's views across the protected characteristics on the quality of the place they live. Practical examples of the use of the tool show it working in a number of settings, and with a range of societal groups.

Gathering a range of views and perspectives requires a more collaborative approach to engagement and this is reflected in policy in Draft NPF4. However, the Scottish Government recognises that certain factors disproportionately impact people due to a protected characteristic, this may be access to suitable venues, low use of the internet, or social and cultural factors. Within the overall framework of the engagement policy, when developing guidance on effective community engagement in local development plans, this will be reflected.

Housing and accommodation

Housing is a key issue for Draft NPF4. Meeting the housing needs of people living in Scotland including, in particular, the housing needs for older people and disabled people is one of the six high level outcomes. Ministers are also to have regard to any national strategy and action plan for housing prepared by them. These issues were reflected in the NPF4: Call for Ideas and responses to the NPF4: Position Statement.

Housing and accommodation needs have particularly been raised under the age, disability and race characteristics but are important across a range of societal subgroups.

Draft NPF4 aims to address issues of current policy and of limited resources being focused on debates over calculations and methodologies of housing numbers. It looks to support delivery of homes over a longer timeframe of 10 years, enabling a more co-ordinated and considered approach, aligned with key drivers of social justice, infrastructure provision and climate change. Resource capacity in future should therefore focus on the quality, location and delivery of new homes and improving places.

It also includes a policy that proposals for new homes that improve affordability and choice should be supported. An equalities-led approach to addressing identified gaps in provision should be taken, informed by the Evidence Report or Local Housing Strategy, whichever is most up-to-date. This could include: self-provided homes; accessible, adaptable and wheelchair accessible homes; build to rent; affordable homes; a range of size of homes such as those for larger families (which may have a positive outcome for certain black and ethnic minority groups); homes for older people; people undertaking further and higher education; and other specialist groups, Development proposals for homes should be of a high quality and contribute to making great places. Their design should reflect the 6 qualities of successful places. Homes should be adaptable to changing and diverse needs and lifestyles.

We know that many Gypsy/Travellers prefer to live on private sites, which can help support their independence, self-sufficiency and security. But they have often found it difficult to access the planning system and get the appropriate permission to develop their own sites.

Draft NPF4 also recognises that Gypsy/Travellers refers to a number of distinct groups who consider the travelling lifestyle part of their ethnic identity. It has introduced a revised policy for public or private, permanent or temporary sites on land not identified for this use in the development plan. Making provision for the development of private sites can help Gypsy/Travellers to maintain their traditional lifestyle.

Spaces and Places

Recent evidence has reflected upon how development of the built environment has not captured and reflected how different people use spaces and places. The evidence is particularly strong under both the disability and sex characteristics.

Enhancements to engagement with people with a range of perspectives should provide a broader evidence base for the development of local places. And as noted above, new provisions in the Planning (Scotland) Act (2019) enhance the opportunities for people to become more involved in planning, and importantly set out how those views have been taken into account is to be reported.

Taking an infrastructure first approach will support the provision of the infrastructure, services and facilities that are necessary to create liveable and sustainable places. Infrastructure in a broad sense is required by all communities, and by putting infrastructure considerations at the heart of land use planning decisions, this will help to support the provision of infrastructure that is needed to meet the needs of communities, which would include the different groups that make up those communities.

The policy basis in Draft NPF4 is that development proposals that are consistent with the principles of 20 minute neighbourhoods should be supported. These Draft NPF4 policies on local living can provide an opportunity to shape places which act as complete, connected and compact neighbourhoods, designed in such a way that all people can meet the majority of their daily needs within a reasonable walk, wheel or cycle of their home. This should lead to the reduction of barriers to people's access to equal opportunities in the built environment, and to green and open space and play opportunities.

Draft NPF4 goes on to state that development proposals that are poorly designed, including those that are not consistent with the six qualities of successful places, should not be supported. Draft NPF4 contains an updated policy on design, quality and place requiring plans and proposals to reflect the six qualities of successful places.

• Designed for lifelong health and wellbeing: supporting safety and improving mental and physical health.
• Safe and pleasant: supporting safe, pleasant and welcoming natural and built spaces.
• Well connected and easy to move around: supporting accessible networks of all scales.
• Distinctive: supporting attention to local architectural styles, townscapes and landscapes - acknowledging the sense of place and identity that people feel for their cultural heritage and historic environment.
• Sustainable: supporting net zero, nature-positive, and climate-resilient places - creating healthier, attractive, sustainable places to live, invest, work and play.
• Adaptable: supporting commitment to investing in the long term value of buildings, streets and spaces. Reusing and repurposing existing buildings and assets can also support our net zero ambitions and the circular economy.

These qualities recognise that issues around safety and access are important elements in designing a successful place.

Accessible, high quality natural and civic spaces can be used by communities for many activities: exercise and recreation, play, sport, culture and connecting with nature. Blue and green infrastructure can support lifelong health and wellbeing, climate resilience, flood risk management, temperature regulation in urban areas, reduction of air and noise pollution, biodiversity and nature networks, while also supporting good, green jobs.

The planning system should support development that expands and strengthens networks of blue and green infrastructure, to help us respond to our climate change and biodiversity goals, and support our placemaking ambitions.

Connectivity

Connectivity is not only about transport and travel, but also digital connectivity and the day to day interactions which were missing to a certain extent during the recent lockdown.

Being older or disabled, living in a deprived area or living in social housing were risk factors for exclusion from access to digital services. The planning system should continue to support the roll-out of digital infrastructure across all of Scotland, ensuring that policies recognise the importance of future-proofing infrastructure provision whilst addressing impacts on local communities and the environment. Local development plans should support the delivery of digital infrastructure, particularly in areas with gaps in connectivity and barriers to digital access.

Draft NPF4 provides an updated policy on sustainable transport and active travel. It aims to reduce the need to travel by discouraging applications for significant travel generating uses at locations which rely on the car. Provision of active travel is actively encouraged and we have proposed a national development which supports a national walking, cycling and wheeling network. Policies set out that we want to reduce the need to travel unsustainably, decarbonise our transport system and promote active travel choices.

There is the opportunity for local development plans to reduce the need to travel unsustainably by prioritising locations for future development that can be accessed by sustainable modes.

The planning system should support development that will contribute to the creation of walkable, liveable and thriving places that provide and encourage sustainable travel options, provide communities with local access to the wide range of facilities, services, work and opportunities for socialising, leisure and play activities that they need to support a healthier and flourishing community.

Health and Wellbeing

Improving the health and wellbeing of the people of Scotland is one of the six high level outcomes of Draft NPF4. Planning and places play a crucial role in supporting health and physical activity, for example with our support for 20 minute neighbourhoods, greenspace, active travel and in managing access to food, food production, community growing, etc.

Outdoor spaces for play, sport and recreation can make a significant contribution towards creating more liveable and healthier places. Children experience a range of health, wellbeing and educational benefits from outdoor play, and learning in, and connecting with nature.

Places are important for physical and mental health and overall wellbeing. The provision of health and social care facilities and infrastructure to meet the needs of the community should be a key consideration for the planning system.

Development proposals should not be supported where significant adverse health effects are likely to occur. A health impact assessment will be required for all proposed development that is considered likely to generate significant health effects or is within the categories of national developments, or major developments, or is EIA development. Development proposals that would have a significant adverse effect on air quality should not be supported.

55% of people living in the most deprived decile in Scotland are estimated to live within 500 metres of derelict land, compared to 11% of people in the least deprived decile. There are numerous indicators that vacant and derelict land is associated with negative impacts on health and wellbeing.

In response to issues around food deserts, and lack of access to healthy food especially in some deprived areas, Draft NPF4 contains a new policy on neighbourhood shopping. Draft NPF4 highlights that consideration should be given to where a retail proposal will alleviate a lack of convenience goods/fresh healthier food and drink provision, especially in disadvantaged or remoter areas.

Draft NPF4 recognises that the reuse of vacant and derelict land and properties can contribute to climate change targets and support biodiversity, health and wellbeing improvements and resilient communities by providing much needed greenspace, growing spaces and other community benefits. The planning system should prioritise the use of vacant and derelict land and properties, including supporting appropriate temporary uses where proposals for permanent development are unlikely to be imminent.

Human Rights considerations

Eliminating discrimination and promoting equality is one of NPF4's six high level outcomes.

Whilst there is not currently a specific Human Rights Impact Assessment to complete for Draft NPF4, human rights considerations should be embedded throughout the policy making process.

Scotland's National Performance Framework now includes the human rights outcome – 'We respect, protect and fulfil human rights and live free from discrimination'. The outcome includes three indicators, one of which is measured as the percentage of respondents who agree with the statement "I can influence decisions affecting my local area", as measured by the Scottish Household Survey.

In addition, in preparing the NPF, Ministers must have regard to any land rights and responsibilities statement prepared under section 1 of the Land Reform (Scotland) Act 2016. Principle 1 of the Land Rights and Responsibilities Statement states: 'The overall framework of land rights, responsibilities and public policies should promote, fulfil and respect relevant human rights in relation to land'.

We obtained limited additional evidence on issues that may impact on people's human rights in Scotland through the Call for Ideas or the consultation on the Position Statement.

The obligations set out in international human rights treaties are legally binding as a matter of public international law and (unless specific exceptions are made) they apply to the UK as a whole. Public authorities in Scotland, as in other parts of the UK, should therefore act in a way that gives proper effect to these rights, in accordance with the undertakings entered into by the UK when it ratified the relevant treaties. Linked to the purpose of planning set out in the Planning (Scotland) Act (2019) and linkages with the National Performance Framework and the land rights and responsibilities statement, our overarching policy confirms that planning should respect, protect and fulfil human rights, seek to eliminate discrimination and promote equality.

Specifically, enhanced engagement opportunities should support the National Performance Framework's Human Rights Outcome indicator for people to influence decisions which affect them.

Draft NPF4 also provides a real opportunity to expand on our current planning policy to support Gypsy/Travellers in their human rights to travel and in their aspirations to invest in their own homes, taking into account research on the distribution of existing sites across Scotland, as well as the provisions of the Planning (Scotland) Act 2019.

The Scottish Government has accepted all 30 of the progressive, bold and ambitious recommendations from the National Taskforce for Human Rights Leadership for a new human rights framework for Scotland. As part of taking forward these recommendations, a new Human Rights Bill will be introduced to Parliament during this parliamentary session and we will consult on the Bill in the coming year.

The Bill will give effect in Scots law to a wide range of internationally recognised human rights - belonging to everyone in Scotland - as far as possible within devolved competence.

The Bill will include economic, social, and cultural rights through the incorporation, so far as possible within competence, of the International Covenant on Economic, Social and Cultural Rights (ICESCR), alongside three other international frameworks for the empowerment of women, disabled people and minority ethnic people. The Bill will also include a right to a healthy environment, a right for older people to ensure equal access to their human rights so that they can live a life of dignity and independence, and provision to provide equal access to everyone, including LGBTI people, to the rights contained in the Bill. The Bill will also re-affirm the rights in the Human Rights Act 1998.

Conclusion

This document has reviewed the evidence for groups with protected characteristics that might be particularly affected by the policies in Draft NPF4. The Scottish Government has set out policies intended to address these impacts.

The planning system needs to recognise the different needs of individuals and communities. Building a planning system that draws on all sectors of society should be based on the principle of collaboration and participation, giving a voice to groups potentially affected by any changes, together with a recognition that such voices should frame the decisions that are made at a national, regional and local level.

A.5. Monitoring and Review

We will review this impact assessment following the consultation on the Draft NPF4. Provisions exist within the Planning (Scotland) Act 2019 for Ministers to review NPF4 within 10 years. This will provide an opportunity for the revision of the spatial framework and policies.

Scottish Government

November 2021