RTPI Scotland welcomes the opportunity to respond to this consultation for Local Place Plans (LPPs). LPPs provide an exciting new opportunity to better align community and land-use planning and support to communities to develop proposals and ideas for the development of where they live. This includes supporting communities to convey local understanding to plan priorities for interventions, for example, through guiding land allocation, prioritising infrastructure delivery and supporting design frameworks. Production of LPPs can in turn improve the communities understanding of the planning process helping planners communicate strategic overarching considerations and bring vital links to other departments, agendas and organisations helping to navigate the system and turn community aspirations into reality. RTPI Scotland also believe there is a clear opportunity to integrate emerging LPPs with the aspirations of 20 minute neighbourhoods.
In reviewing the draft proposals for the framework of regulations to support the implementation of provisions relating to LPPs, RTPI Scotland understand the difficult challenge of producing secondary legislation that finds the careful balance between allowing for flexibility to suit local circumstances whilst providing a robust framework for the development to ensure community aspirations can add value to local planning policy and be delivered.
In general, RTPI Scotland cautiously welcomes the light-touch approach to legislation. However whilst not being addressed in this consultation specifically, we would like to highlight a number of areas of consideration which will be critical in supporting proposals for a successful future of community led plans. We understand that many of these considerations need addressed elsewhere through production of secondary legislation relating to development management and development planning, future funding proposals and the publication of guidance and information resources.
Resourcing and inequalities
The resource implications for communities wishing to produce LPPs, for planning authorities to support their development and for plan implementation is a substantial concern for RTPI Scotland. This is acknowledged in the attached partial Business and Regulatory Impact Assessment (BRIA) within this consultation which recognises that if there is a significant uptake of LPPs then the costs associated with producing them could be significant.
In particular, the need for resourcing this additional duty for planning authorities needs to be seen in the context of diminishing resources and increased workloads with recent research from RTPI Scotland showing that:
- Nearly a third of planning department staff have been cut since 2009
- Planning authorities’ budgets have diminished in real terms by 42% since 2009
- In 2020 local authorities only spent 0.38% of their total net revenue budgets
- Planning application fees only cover 66% of their processing costs
- There are 91 new and unfunded duties in the Planning (Scotland) Act, which could cost between £12.1m and £59.1m over 10 years
- Over the next 10 to 15 years there will be a demand for an additional 680 to 730 entrants into the sector
Therefore RTPI Scotland is calling upon on Scottish Government to provide dedicate resources for planning authorities to support LPPs, ideally through creating dedicated planning officer roles or through support provided by a national body which can facilitate local links. To support communities to produce LPPs, RTPI Scotland calls upon Scottish Government to establish a national grant scheme for communities as has been established in England to support Neighbourhood Plans. RTPI Scotland wishes to highlight the uneven uptake of neighbourhood planning in England where research has revealed a much lower uptake in urban and deprived communities with only 5% of completed plans in urban areas and just 6.7% of neighbourhood planning areas in the most deprived parts of the country*. To address this MHCLG has recently announced the establishment of a fund for local planning authorities in under-represented areas. Therefore accordingly RTPI Scotland wishes to see any potential national grant scheme target funding to communities sitting within the bottom 20% on the Scottish Index of Multiple Deprivation, or similar measurement in rural areas, or areas with significant potential for growth.
See our response to the partial BRIA for a fuller consideration of projected costs associated with the proposed legislation.
Clarity of process
There are some remaining elements of the process that have not been clarified in proposals which RTPI Scotland wish to see considered. Firstly RTPI Scotland would like to highlight some concern regarding timing of Local Development Plans (LDP) and LPP preparation. If local communities are to be able to inform LDPs, they are required in primary legislation to be prepared in advance of, at the latest, the Proposed Plan stage of LDP preparation. This places an immediate time pressure on the preparation of LPPs by community bodies, particularly in areas where the local planning authority would seek to commence preparation of a new LDP as soon as the relevant regulations come into force. With the average time for completion of a Neighbourhood Plan in England estimated at around 3 years**, RTPI Scotland are concerned that rightfully giving communities the opportunity to prepare an LPP may delay the LDP preparation process. RTPI Scotland would also like to see clarity on other procedural elements such as the process by which communities can indicate when an LDP needs replaced in an LPP and how to resolve this if the planning authority is not in agreeance. The process by how a planning authority validates and adopts any LPP needs clarified to give them a clear status to support decisions made in development management.
Guidance
RTPI Scotland welcomes the publication of associated draft guidance and how-to guide and look forward to working with Scottish Government and stakeholders in producing final versions. RTPI Scotland believes the how-to guide should be accompanied by a toolkit which can reduce the resource burden of LPPs on planning authorities and ensure communities gain understand of planning terminology and technical issues such as deliverability of land allocations, potential delivery partners, funding and timeframes. RTPI Scotland also believes there is an opportunity with LPPs to promote creative participation and place-making beyond land use planning matters. Therefore future guidance and toolkits should support scope for non-land use planning matters by containing advice on how communities can address wider debates, actions and issues.
* Parker, G and Salter, K. (2017) Taking stock of neighbourhood planning in England 2011– 2016, Planning Practice & Research, 32(4): 478-490.
** Parker, G et al (2020). Impacts of Neighbourhood Planning in England. Final Report to the Ministry of Housing, Communities and Local Government. May. Available here: https://bit.ly/3wOGOcQ
- Do you agree with the proposal that community bodies should have regard to any Locality Plan that is in place for the area under consideration when preparing their Local Place Plan?
- Yes
- No
- No view
Please comment on your answer (particularly if you do not agree)
Whilst RTPI Scotland agree that the proposed regulations should avoid being overly prescriptive and potentially onerous we agree that the secondary legislation should require community bodies to have regard to published Locality Plans, where such plans are in place, when preparing an LPP. This would be in addition to the National Planning Framework and LDPs, as set out in the primary legislation.
RTPI Scotland believe this requirement will strengthen the link between spatial and community planning at a local level, help build relationships between community bodies and other community planning partners and help avoid potentially confusing contradictions between different plans. Beyond the statutory link between spatial and community planning RTPI Scotland wishes to reiterate the potential benefit of dedicated planning officer role dealing with LPPs as this role could provide an important link between communities, planning authorities and community planning. RTPI Scotland believe to maximise the potential to create efficiencies, reduce duplication and prioritise resources, community planning partnerships and community bodies may wish to go further and integrate LPPs and Locality Plans and this approach could usefully be covered in guidance. Moving forward RTPI Scotland would also encourage reciprocity with future Local Outcomes Improvement Plans (LOIPS) and Locality Plans to also have regard to LPPs.
- Do you consider that community bodies should have to have regard to other additional matters beyond the Locality Plan when preparing their Local Place Plan?
- Yes
- No
- No view
Please comment on your answer, giving examples (particularly if you agree)
RTPI Scotland recognises that not all areas have Locality Plans or that sometimes Locality Plans may be out-of-date. LPPs are to have to regard to the NPF and LDP and it is likely, for any given area, there will be other relevant policies, plans and strategies produced – or in preparation – by the local authority and community planning partners or bodies, for example community led action plans prepared by community trusts. RTPI Scotland also understands that under the Planning Act 2019, LDPs will be required to consider any LOIPs for its area going forward. However, with the first generation of LPPs being prepared next year they will be prepared ahead of these requirements being reflected in adopted LDPs. To detail all such plans and relevant polices in secondary legislation is not practicable but encouraging LPPs to take better cognisance of their context, by having regard to additional matters beyond Locality Plans could help avoid contradictory plans and encourage wider alignment and buy-in to the process. RTPI Scotland believe this could also be usefully be covered in guidance and the how-to guide.
- Do you agree with the proposal that an LPP should contain a statement setting out the community’s proposals plus a map of the area, setting out the LPP boundary?
- Yes
- No
- No view
Please comment on your answer (particularly if you do not agree)
RTPI Scotland support the requirement for a statement setting out the community’s proposals for the future development or use of land within their area covered by their LPP including a map of the area with an annotated boundary. RTPI Scotland wish to see LPPs that are well-structured and visual with effective use of graphics, photographs and maps. However RTPI Scotland would like to raise concern over the potential resource implications of such requirements, estimated optimistically at £2,500 in the partial BRIA for communities without existing resources to complete such work.
For simplicity RTPI Scotland wish to see to any additional information submitted alongside LPPs. Therefore RTPI Scotland would support the regulations on the form and content of an LPP to also extend to the inclusion of a description of the consultation activities that have been undertaken and how this consultation has informed the LPP. RTPI Scotland see a clear role for guidance, best practice, the how-to guide and potentially templates in supporting community bodies with the form and content of LPPs.
- Do you think a requirement for the community body to engage and seek the views of people to assist in the preparation of an LPP should be set out in law?
- Yes
- No
- No view
Please comment on your answer
RTPI Scotland believe there should be a statutory basis which requires community bodies to undertake consultation on LPPs. This will provide a clear steer to community bodies and ensure that the LPP is based on a robust evidence base of the wider community’s aspirations. This is especially important as LPPs will not be subject to a referendum as seen in England with Neighbourhood Plans. RTPI Scotland believe the minimum requirements of what an LPP contains should include a description of the engagement and consultation activities, including with the wider community (especially underrepresented groups) and local councillors, that have been undertaken and how this consultation has informed the plan. This diverges from a more prescriptive approach mandating engagement at specified stages of the LPP preparation process. This would allow community bodies to adopt an approach to meet local circumstances and potentially reduce the time to produce the LPP and avoid timing issues with timing and the LDP preparation process highlighted earlier in this response.
RTPI Scotland would like to highlight the resource intensive nature of such consultation and are concerned that the estimate of £3,500 in the partial BRIA may be an underestimate, especially when considering the need to consult underrepresented groups. Therefore RTPI Scotland supports any attempts to make engagement activities less resource burdensome on communities and in particular RTPI Scotland see a clear role for the Scottish Government’s Digital Planning Strategy with one its key aims associated with the use digital tools to drive collaboration and engagement. RTPI Scotland see a clear role for guidance, best practice, the how-to guide and potentially templates to support community bodies when consulting. This could build upon existing protocol for engagement in the 7 National Standards for Community Engagement.
Beyond engagement with the wider community and councillors, RTPI Scotland would also support the statutory requirement for community bodies to engage with planning authority in developing their LPP. This form of engagement, especially at the start of the LPP preparation process would be extremely beneficial and result in a more effective, collaborative approach. However, as mentioned throughout this response, the ability of planning authorities to engage with emerging LPPs is very dependent on additional resourcing being provided for them to do so.
- If a requirement to seek the views of people is put into law, what should any minimum requirement be?
As discussed in Q4, RTPI Scotland believe the minimum requirements of what a LPP contains should include a description of the engagement and consultation activities, including with the wider community, underrepresented groups and local councillors, that have been undertaken and how this consultation has informed the plan.
- Do you agree with the proposal that there should be a minimum statutory requirement on the community body to consult the community once a draft LPP has been prepared and before submitting an LPP?
- Yes
- No
- No view
Please comment on your answer (particularly if you do not agree)
See answer to Q4
- If a requirement to consult across the community on the content of a draft LPP is to be put into law, what should any minimum requirement be?
See answer to Q4
- Do you agree with the proposal that the community body should seek the views of ward councillors when preparing the LPP?
- Yes
- No
- No view
Please comment on your answer - particularly if you do not agree or have a view as to how ward councillors’ views should be taken into account or reported?
See answer to Q4
- Do you agree that, alongside the LPP itself, the community body should submit a statement on how it has complied with the legal requirements?
- Yes
- No
- No view
Please comment on your answer (particularly if you do not agree)
As discussed in Q3, RTPI Scotland believe all additional information should be submitted alongside the LPP. However instead of a statement of legal requirement, to make validation a more collaborative process, RTPI Scotland would advocate for the development of a validation framework to support the evaluation of LPPs by both community bodies and planning authorities. As mentioned previously RTPI Scotland see a clear role for guidance, best practice, the how-to guide and potentially templates will be important in supporting community bodies with the form and content of LPPs.
- Do you agree the requirements planning authorities have to keep the register of local place plans should be aligned to the existing arrangements for registers?
- Yes
- No
- No view
Please comment on your answer (particularly if you do not agree)
RTPI Scotland envisages a register and map of registered LPPs would be held on the Council’s website.
- Do you agree that the additional information provided by the community body alongside the LPP should be kept on the register of local place plans?
- Yes
- No
- No view
Please comment on your answer (particularly if you do not agree)
As noted in our response to Q3 RTPI Scotland believe that all additional information should be submitted and kept on the register alongside LPPs.
- Please provide your views on the level and content of information to be placed on the register.
As noted in our response to Q3 RTPI Scotland believe that all additional information should be submitted and kept on the register alongside LPPs.
- Do you agree with the proposal that a planning authority may remove an LPP from the register once it has been taken into account in the LDP, and must do so when requested by the community body that prepared it?
- Yes
- No
- No view
Please comment on your answer (particularly if you do not agree)
As discussed in Q3, RTPI Scotland believe all additional information should be submitted alongside the LPP and held on the register. Therefore, from a practical perspective, RTPI Scotland does not support planning authorities removing LPPs from the register once taken into account in the LDP and accidentally remove additional information. Instead RTPI Scotland would support the removal of a LPP from a register if they have been superseded or if a community body is satisfied for them to be so. This review of older or out-of-date LPPs could be triggered at the start of a LDP preparation process where in accordance with Section 15A of the Act when planning authorities are publishing their invitations to local communities to prepare LPPs, community bodies should be required to confirm whether an existing LPP should remain on the register. The planning authority could remove an LPP from the register if no confirmation that it should be retained is given.
- Do you agree the requirements planning authorities have for making the map of local place plans available should be aligned to the existing arrangements for registers?
- Yes
- No
- No view
Please comment on your answer (particularly if you do not agree)
No comment.
- Please give us any views you have on the content of these partial assessments.
The partial BRIA identifies increased costs for planning authorities in the region of £70,000 for maintenance of a register of LPPs. RTPI Scotland would question the assumption made that other than a register LPPs will be a minimal additional costs for planning authorities with many of the pilot LPPs resulting in significant costs in terms of resources and staffing for planning authorities. Whilst RTPI Scotland acknowledge that many of these potential costs are intrinsic to the Planning (Scotland) 2019 Act we would again question some of the initial cost assumptions made in the Financial Memorandum with our previous research estimating that if central funding for communities wishing to produce LPPs is not secured an additional cost of £3.28M and £9.84M could be incurred by planning authorities over a ten year period*.
RTPI Scotland is concerned that the partial BRIA estimates that proposals for the form, content, engagement work and submission of LPPs will add £10,000 in costs to communities to prepare a LPP. As discussed previously without a grant scheme in place these costs could make the preparation of LPP for communities, especially communities from deprived areas, prohibitive and act to accentuate existing inequalities in the country.
*RTPI Scotland (2019) Financial Implications of Implementing the Planning (Scotland) Act 2019. Available here: https://bit.ly/3vNrITA
- Do you have or can you direct us to any information that would assist in finalising these assessments?
As discussed above detailed costings from pilot LPPs should act as the basis for a final stage BRIA for estimates of costs incurred by communities and planning authorities. A range of detailed costings from Neighbourhood Plans in England could also be helpful in this regard.
- Please give us your views on the Fairer Scotland Duty and Strategic Environmental Assessment screening documents and our conclusion that full assessments are not required.
The Fairer Scotland Duty places a legal responsibility on particular public bodies in Scotland to actively consider how they can reduce inequalities of outcome caused by socioeconomic disadvantage, when making strategic decisions, including when preparing new legislation. Therefore RTPI Scotland is unclear why this assessment has been scoped out considering the potentially significant implications for socioeconomically deprived communities given the costs estimated for producing the LPPs and lack of funding.
- If you consider that full assessments are required, please suggest any information sources that could help inform these assessments?
RTPI Scotland believe a final stage BRIA need produced updating the partial BRIA with the public consultation results, any related and subsequent developments to the proposal and any impact on the decision being taken from these results. RTPI Scotland also believe a Fairer Scotland Duty assessment should be conducted or fuller justification provided as to why this has been scoped out. See Q15 and Q16 for information sources to inform these assessments.
