Scottishplanner by Biggart Baillie LLP

mediation of space • making of place

No 133 : Feb 2010

Scottishplanner Journal of the RTPI in Scotland

All Aboard for Marine Planning has already been established as a directorate of the Scottish Government for a variety of purposes; both those inherited from the former marine research, marine licensing and fishery protection services, and those now proposed by the Scottish Marine Act. Its first major project will be to prepare a national marine plan for Scotland. It is under the marine region arrangements, for which further secondary legislation is required, that local authorities and existing coastal partnerships in Scotland will establish their role in the system. Marine Scotland will remain the marine planning authority, but it has significant powers of delegation for both plan preparation and for licensing. Isle of Rum © pic courtesy of Lorne Gill/SNH.

Aquaculture

Graham U’ren, Planning Support Manager with Dundas and Wilson CS LLP and RTPI representative on the Marine Strategy Forum, reports on the progress of the Marine (Scotland) Bill through Parliament. On 4 February, the Scottish Parliament passed the Marine (Scotland) Bill to complete the legal framework for marine planning around the UK. This started with the passing of the UK Marine and Coastal Access Act 2009 last November. There is now a coherent basis for marine policy and planning for the whole of the UK Marine Area, covering both the inshore territorial waters of the home nations to 12 nautical miles and the UK offshore waters variously defined by international law.

Marine Scotland

Complex constitutional arrangements, under the combined effects of the UK

The agency responsible for marine planning in Scotland, Marine Scotland,

Marine Act, the Scottish Act and executive devolution of functions by agreement of the UK government under the Scotland Act, mean the Scottish Government will enjoy jurisdiction over both the offshore and inshore waters off Scotland for the purposes of planning and conservation. This comprises more than half of UK waters. However, it still depends on joint adoption of a Marine Policy Statement for the UK.

Thanks to our sponsors:

One of the most controversial issues in the Bill has been that of determining the destiny of planning control of marine fish farms. The Government has made no secret that it prefers to take this into the marine planning and licensing regime. However, it has recognised that since the 2003 Water Environment and Water Services (Scotland) Act was amended by backbench MSPs to hand marine fish farm control to planning authorities, there has been a growing commitment by the land-based authorities to this task. The Government’s compromise proposal, to leave the current arrangements in place but to provide for a voluntary opt-out by any planning authority, was retained in the face of an

continued on page 4

FEBRUARY 2010

Scottishplanner

Editorial

In January the RTPI Scottish Executive Committee agreed our new RTPI Scotland Strategic Plan 2010 – 2014 and Operational Plan 2010; these documents together with the Annual Report for 2009 are available on the RTPI Scotand Group pages of the website. Priorities for this year include: our survey of recent graduates; policy work on planning and climate change; resources for planning; and improving the profile of planning and the planning profession in Scotland. We look forward to working with Members through the strong Chapter network that now exists across Scotland. We have acquired a teleconferencing facility in the office and are keen to use it to widen our involvement with members. This has already proved effective in bringing interests together in relation to marine and coastal planning, which brings me to the focus of this edition. The Marine (Scotland) Bill Stage 3 debate was held on 4 February. Whilst there is general support for marine planning in principle, the Bill leaves more questions than answers particularly with regard to the interface between terrestrial and marine planning systems. The next round of consultations with regard to marine regions and plans will be crucial in determining relations between terrestrial and marine systems; how effective integrated coastal zone management is achieved; and how democratic decision-making is maintained. I hope you find the articles in this edition of interest. As ever, we are extremely grateful to Biggart Baillie LLP and Halcrow for their sponsorship of the Scottish Planner; and for the support of our advertisers Veronica Burbridge Editor

Scottishplanner is the Journal of the Royal Town Planning Institute in Scotland, and is distributed free by direct mail to all Members in Scotland. It is also available on the web at www.scotland.rtpi.org.uk

contents 09

03 Convener’s Comments

Update 04 Planning Reform: New Opinions on the Modernised Planning System – Scottish Government 04 All Aboard from Marine Planning - Graham U’ren… continued from the front cover 05 A View from SNH – Cathy Tilbrook 06 Planning Reform: PPAs – Shared Acronym, Shared Issues? – Liz Shiel 07 Planning Reform: Local Review Bodies – Phil Gelsthorpe

Focus on Marine and Coastal 08 09 10 12

Delivering Planning Reform for Aquaculture – Iain McDiarmid Marine Planning: the view from the Clyde – Fiona Miles Marine & Coastal Spatial Planning - Stefano Smith Scotland’s Coastal Trail: a National Priority Delivered Locally – Allan Garvie 13 Legislating for a Marine Planning System – Martin Sales

Views and News 14 Stranraer Waterfront Masterplan – Eugene Mullan 15 RTPI in Scotland survey of recent planning graduates – Veronica Burbridge 16 News and Events 18 Policy Briefing 20 Directory

Scottish Planner Sponsors

Editor Veronica Burbridge Production James Henderson Potential articles and photographs are welcome. The Editor reserves the right to amend articles as necessary. Enquiries to: the Editor, Scottish Planner, RTPI in Scotland, 57 Melville St, Edinburgh, EH3 7HL Tel: 0131 226 1959; email: scotland@rtpi.org.uk The opinions stated are the contributors’ own unless otherwise stated. The RTPI is not responsible for statements made or views expressed in this journal. ISSN 1353-9795 Registered office: Royal Town Planning Institute, 41 Botolph Lane, London EC3R 8DL Scottish Charity No. SC 037841 Registered Charity No. 262865 Scottish Planner is printed on Era Silk recycled paper. Design, production and advertising by Thinktastic Tel 0131 554 2807

02 www.rtpi.org.uk/rtpi_in_scotland/

From pre-application right up to any appeal, our highly-focused, partner-led team advises on all aspects of planning. Specifically, our experience covers housing, business, retail, leisure, industry, transport, waste, energy and minerals, as well as natural and built heritage matters. We act for developers, local authorities and any other party involved in planning matters. At Biggart Baillie we pride ourselves on seeing the planning and related issues in the round. For further information, please visit www.biggartbaillie.co.uk

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Convener’s Comments Eighty years ago, in January 1930, a group of planners came together in Glasgow to form a branch of the RTPI in Scotland. They recognised that: “with the different system of land tenure obtaining here as compared to England, the separate legislation affecting the country and the many problems of local and national character which confront Scotland, it would be in the interest of the Institute to form a Scottish Branch”. In May that year the first meeting of the Scottish Branch was held in the Royal Automobile Club, in Blytheswood Square in Glasgow. The RAC Club is no more, but the need for a strong professional body in Scotland with effective relationships with planners across the UK and beyond remains and is, perhaps, even greater now in the interest of planning in Scotland and of the RTPI. Looking to the year ahead At the end of this eightieth year of the RTPI in Scotland, what will I be writing in this column? I know that we will have continued to work with the Scottish Government and planners around the country to shape policy in areas such as marine planning and action on climate change. I know that, if the efforts of those involved are rewarded, we will have had an exciting series of national events: in March the Scottish Young Planners Conference will have focussed on development and Scotland’s heritage; in April Peter Head, Arup’s Global Leader of Planning and one of Time’s 30 global ‘eco-heroes’, will have delivered the Geddes Lecture; and in May the European Council of Town Planners meets in Edinburgh and we will host a reception at the Scottish Parliament to mark the anniversary of the establishment of the Scottish Branch. Perhaps it is appropriate that, at the close of this eightieth year, planners will have gathered again in Glasgow for our RTPI in Scotland Annual Conference.

I know that the Chapters will have run great programmes of local events, and I’ll have enjoyed meeting many of those who help make Chapters so valuable to members and others. Many will run joint events with other professions and groups with interests in planning in their area. The RTPI’s thematic Networks too will have run a series of events in Scotland. The success of the Chapters, the Networks and the Scottish Young Planners reflects well on both our active membership and the skills and effort of the volunteers who run these groups. I’m confident too that we will have kept our record of a higher proportion of planners volunteering to provide advice and training through Planning Aid for Scotland than is the case through any equivalent service in the UK. I know that I’ll have spent a year reminding planners and others that planners and planning in Scotland has a lot to be proud of. Planning is likely to be even more central to the life of Scotland and the issues that will matter in the twenty first century, such as developing more sustainable communities, climate change and

moving health and well-being back to the centre of our agenda. Planners must work with others to shape and lead on addressing these issues.

Handling the unknown I don’t know if we will have resolved the issues around resources to enable planning authorities, and hence all stakeholders, to achieve our ambitions for the new planning system; but we will have made the case and I hope that we will have made some progress. I’m not sure if the threat to the funding of planning courses at Scottish Planning Schools will have receded, but we will have continued to highlight the need for planning skills and to attract the best students into planning as a career. In 1930, too, there would have been ‘known knowns’, ‘known unknowns’ and ‘unknown unknowns’; though they wouldn’t have called them that. Back then the planners noted that town planning was in its initial stages in Scotland and ‘needed careful handling’. As we implement our new planning system today, we do know it still needs careful handling.

Ian Angus MRTPI Convener, RTPI in Scotland’s Scottish Executive Committee

FEBRUARY 2010

Scottishplanner : UPDATE

New Opinions on the Modernised Planning System The Scottish Government has expanded the range of people commenting on their experiences of the new planning system… Planning Solicitor Craig Adamson is a solicitor with HBJ Gateley Wareing “In the last few years most Council websites have been improving in content and functionality, and professionals are relying more and more on the information electronically available on local authority portals.”

Planning Consultant Gordon Thomson is a Senior Planner with Barton Willmore “As most in the industry are still tentatively feeling their way around the system and coming to terms with what is now expected of them, it is important that this new dialogue which has opened up as a result of the changes, is maintained to encourage sharing of knowledge and to allow users of the system to adapt accordingly .”

Local Authority David Hammond is a Development Plan Officer at North Ayrshire Council “In my opinion, delivery of culture change is really what underpins the whole planning reform regime. After arriving in my current post, I was surprised by the willingness of colleagues to embrace a new approach. My private sector experience had given me some unfair perceptions of local authority planning.”

Developer Alistair Landells is a Senior Development Planner at Banks Developments Ltd “The biggest change is the time spent on pre-application consultation reports and trying to ensure beforehand it is agreed by the planning authority to allow the 12 week period to begin.”

These are personal contributions and not those of the organisations they work for. For the full articles visit: www.scotland.gov.uk/ Topics/Built-Environment/planning/modernising/cc/Q/editmode/on/forceupdate/on

All Aboard for Marine Planning… continued from page 1 amendment to remove them from the planning system. In future, but only if a planning authority agrees, it will be open to the Government to make an order to rescind the definition of marine (not inland) fish farm development within its jurisdiction under the Town and Country Planning Acts, thereby leaving it entirely within the marine regime.

RTPI amendments The marine licensing scheme will rationalise two current schemes and also provide a coordinated twin04 www.rtpi.org.uk/rtpi_in_scotland/

tracking route for Licensing and Electricity Act consents for the growing number of marine renewable developments. One amendment relevant to this – and promoted by the Institute with the aid of Elaine Murray MSP to secure statutory consultation rights for planning authorities to mirror the current situation for land-based developments – was defeated, but the government pointed to the importance of the detailed arrangements for consultees yet to be the subject of regulations.

This amendment at the final stage 3 of the Bill’s progress followed other successes for Institute amendments on aspects of marine planning at stage 2 last November. The Bill should have received Royal Assent by the time this article is published, and the necessary orders for the implementation of the planning arrangements will, rather like the 2006 Planning Act, be complex and be made over the next two years or so. The national marine plan, for example, will require to be made under two different statutory frameworks.

A View from SNH Cathy Tilbrook, Marine & Coastal Policy and Advice Manager with Scottish Natural Heritage, considers the agency’s perspective on marine planning. These are interesting times for our seas as we approach the final consideration of the Scottish Marine Bill and the long-awaited introduction of a statutory marine planning system. As the Government’s advisory body on natural heritage issues, SNH welcomes marine planning as one of the most important elements of the Bill. We are keen that it will: • guide the location of all marine uses and activities to the most suitable and least sensitive areas; • minimise conflicts of interest and encourage compatible uses; • identify and safeguard important natural and cultural heritage features and complement the role of Marine Protected Areas; and • be guided by clear sustainable development objectives and respect environmental limits.

Learning from the land In order to achieve these aims, marine plans will need to share many characteristics with their terrestrial equivalents. They must be underpinned by clear and measurable objectives, and include spatial guidance and a degree of prescription to provide the clarity that developers and other stakeholders are seeking. Whilst plans will seek to identify the best areas for different uses, trade-offs will sometimes be required, and we must design a decision-making process that is transparent and explicit. A new generation of marine planners will need to be trained, and they can learn many lessons from their local authority counterparts.

However, we must recognise inherent differences between land and sea. Complex historic rights of usage rather than individual ownership; a mix of devolved and reserved uses, and issues in identifying ‘communities of interest’; challenges of marine survey and lack of good spatial data; and the highly mobile nature of uses and impacts, all present real constraints to marine planning and act against a wholesale application of our terrestrial planning system to the sea. There is also broad agreement that marine planning must cover all uses and activities, including fisheries and recreation, rather than just developments like aquaculture and marine renewables. It may be more akin to a land-use strategy than a development plan, although it must still form the basis for decision-making on marine proposals. The links between marine and terrestrial plans will be critical, and it is important that we strive for good integration. Coastal development will have important effects on the adjacent marine area and vice versa, and issues such as sea level rise demonstrate the dynamic nature of the land/sea interface. Integrated coastal zone management may play a useful role in ‘zipping together’ the two planning systems.

Preparing for marine planning SNH is currently gathering better information on the importance, distribution and sensitivity of marine habitats and species, and considering wider priorities - including biodiversity, geology, landscape and recreation - for discussion with other stakeholders.

Together with many local authority planners, we are involved in marine planning pilots in Shetland, Clyde, Sound of Mull and Pentland Firth, which will provide lessons for the development of the statutory marine planning system. The objectives set for any plan are important in steering planning decisions and helping planners to balance competing demands. In addition to social, economic and environmental objectives for the sustainable development of our seas, we see Marine Ecosystem Objectives having a key role. These would set out the environmental limits within which development could take place without threatening the health of our seas. We have recently completed a scoping study to help develop these objectives for wider discussion. Expectations of marine planning are running high, but our terrestrial planning system has taken over 60 years to develop and refine, and we should not expect the first marine plans to be perfect. However, for the first time we do have a chance to plan the use of our seas in a forward-looking and integrated way. If we get it right, marine planning will help us to achieve sustainable development with environmental protection so that our seas remain healthy and productive for future generations.

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FEBRUARY 2010

Scottishplanner : UPDATE - PLANNING REFORM

PPAs – Shared Acronym, Shared Issues? Planning processing agreements in Scotland and planning performance agreements in England share an acronym and a concern to support a more efficient planning system. Consultant Liz Shiel discusses recent and current research she has been involved in to support and promote the use of these two ‘PPAs’ within their respective planning systems… In Scotland the 2005 White Paper Modernising the Planning System recognised the need to achieve greater efficiency in the handling of planning applications, and advocated the use of planning processing agreements to support this. Meanwhile in England, planning performance agreements were first piloted by Communities and Local Government (CLG) in 2006, and attracted headlines such as that on the front of Property Week in January 2006: "Government pilots planning panacea: ODPM [Office of the Deputy Prime Minister] to pilot 'planning delivery agreements' for developers and councils to stop 'idiocy' of targets”. However both North and South of the Border, there remains a sense of the potential of both ‘PPAs’ not quite yet being fulfilled. There are, however, some early signs that this may be about to change. In Scotland, the City of Edinburgh Council recently resolved to use processing agreements for all major plannning applications; and in England, the recent British Property Federation publication Guide to Planning Performance Agreements strongly supports their use. This and other publicity appears to have boosted enquiries about performance agreements to the Advisory Team for Large Applications (ATLAS) in England – see www.atlasplanning.com

Research in Scotland I have been involved in two research projects looking to support the use of ‘PPAs’ in both Scotland and England. In Scotland, I was the principal author of the recent (2009) report for the Scottish Government which considered how the processing of major planning applications might be improved – see www.scotland.gov.uk/Publications/2009/02/10131505/3. We recommended the use of planning processing agreements and also of a scaled-down project management approach, appropriate for smaller projects. We also did some development work on the PPA template initiated by Scottish Government.

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An evaluation in England I am also a member of the Tribal/SJ Berwin team commissioned by the ATLAS to evaluate the use of planning performance agreements in England. Our work has included large scale online surveys of planning authorities, developers, their advisers and stakeholders, and awareness-raising events held for RTPI London and senior property professionals. We are reaching the final stages of our research and the following themes on planning performance agreements are emerging: • supported by planning authorities: 95% of our respondents to date support the broad concept of performance agreements. • higher level of use by planning authorities than expected: official Government statistical returns appear not to reflect the full level of use of performance agreements. • greater clarity is needed about their additional benefits: there’s not enough information about the benefits secured by PPAs of different types. • performance agreements and development management: there’s a very close relationship between performance agreements and the development management approach being advocated by CLG in the consultation on the new draft Planning Policy Statement – see the pre-application engagement policy annex. This research is also showing the need for a proportionate approach, and will conclude with a series of detailed case studies.

Training in Scotland In Scotland, TPS Planning is about to launch a training module, for the Improvement Service, to encourage the use of project management techniques in the handling of major development applications. This includes explaining how planning processing agreements support a structured project management approach, and should give a valuable indication of current levels of use and the practical issues involved. If you would like to know more about these projects, please contact lizShiel@lizshielassociates.co.uk; or for TPS Planning’s training module contact andrewl@tpsplanning.com

Local Review Bodies Phil Gelsthorpe, Enforcement and Local Review Manager at Glasgow City Council, tangles with the complexities of getting a Local Review Body up and running. Local Reviews have arrived in Glasgow and the first case was considered by the Local Review Committee (LRC) on 10 November last year. It was refused. The second case held on 19 January this year was granted subject to conditions. My position in the planning service is similar to that of Derek Henderson at the City of Edinburgh Council - who reported in the last edition of Scottish Planner - but I have been excluded from the scheme of delegation so as to demonstrate a clear separation from the application determination process.

Reviewing in action At the first review, there was no briefing of the Chairperson or Committee and so it was planning for real with no rehearsals. The Committee papers had been issued two weeks before the meeting and comprised all the information before the Appointed Person as well as the report of handling, grounds of appeal, further representations, a suite of photographs with explanatory map, and copy of an appeal decision determined in March 2009. The LRC comprises three Councillors drawn from the Planning Applications Committee members, who had received training. The composition will change for each review - including potentially the Chair. Councillors are used to considering committee reports which summarise representations, consultation replies and the application itself, and which also contain an evaluating report leading to a recommendation. In the LRC they get the basic components of a decision, and then have to evaluate it by weighing up potentially conflicting evidence to reach a reasoned planning decision. This is a significant challenge – compounded by the fact that the report evaluation process and decision has to be in public.

Learning from experience

Further issues

At our first review meeting, the Committee decided it had enough information to determine the case there and then, despite a request for a site inspection by the applicant. The Chairman led a discussion based on Section 25 principles and it was decided to reject the review. I was called upon to provide clarification on the policy context, which was complicated by the fact that City Plan 1 is about to be superseded by City Plan 2. The Committee Clerk prompted the Chairman about the reasons for refusal which he stated were those in the application decision notice. The Committee Clerk took notes during the review from which I drafted the decision notice. This was approved by the Chairman and signed by a senior legal officer.

There have not been enough cases to identify patterns. However, I can foresee tensions in situations where the Committee decides it has enough information to determine the case there and then; while at the same time the applicant wants to make a verbal representation but is excluded from doing so, as is the Appointed Person. Difficulties may also arise when a request for review has been received which is both a planning application refusal and a listed building consent (LBC) refusal. In this situation, the LBC refusal will need to be dealt with by the Directorate for Planning and Environmental Appeals (DPEA), therefore potentially leading to conflict between the two review processes. The Council will therefore need to amend the statutory scheme of delegation to allow both to be dealt with by the DPEA. Applicants and agents should also note that the period for review of a planning application is three months and that for an LBC appeal six months, even if a council’s statutory scheme of delegation allows both to be dealt with by the DPEA.

From the experience of the first review, our procedures have been amended: there will be a Chair’s briefing for all but the simplest cases; the report of handling will have a more prominent position in the folio of papers; and I will give a presentation of the case following the Chair’s introductory remarks. At the second review, the Committee again considered that it had enough information to determine the review there and then, and it was subsequently granted.

I agree with Derek Henderson’s parting shot that Local Review Bodies are Ministers’ most courageous decision yet: the genie has been let out of the bottle, but can the Minister get it back in! 07

FEBRUARY 2010

Scottishplanner : FOCUS ON MARINE AND COASTAL

Delivering Planning Reform for Aquaculture Iain McDiarmid, Head of Planning at Shetland Islands Council, considers the workload and the thinking of a Task Group focused on making sense of planning reform for aquaculture. Shetland Islands Council has had local responsibility for the control of aquaculture and all other works out to 12 miles under the Zetland County Council Act since 1974, and has therefore built up several decades of experience in planning for aquaculture and coastal zone development. In fact, the Council won an award for Outstanding Quality in Development Control in 2001 for its new development control regime for aquaculture.

To date a number of draft documents have been produced to take the planning reform process forward. There is an overarching paper, authored by Keith, which sets out the shared objectives of all parties - public and private including clarification of roles and responsibilities; the need for preapplication consultations; early and committed involvement in the preparation of development plans; and improving the skills and knowledge base.

On 1 April 2007, under the provisions of the Town and Country Planning (Scotland) Act 1997 - as amended by the Planning etc. (Scotland) Act 2006, the Town and Country Planning (Marine Fish Farming) (Scotland) Order 2007 transferred responsibility for new fish farm developments, and modifications to existing developments, to planning authorities. Therefore, planning has a key role to play in ensuring that this development required to achieve economic growth in Shetland is managed in a sustainable way.

Benefits of the Task Force’s proposals

Aquaculture Taskforce

These changes will be taken forward whilst retaining the fundamental purpose of the existing planning system - to secure through democratic means development and change that is consistent with the long-term public and community interest. Development plans, and marine plans as they develop, will also continue to support the delivery of

On 31 August 2009 John Swinney, Cabinet Secretary for Finance and Sustainable Growth, established a Task Force to prepare and report on the draft Delivering Planning Reform and Aquaculture document, which consists of high-level statements of intent, accompanied by specific actions with target dates for partners to work towards. The Task Force includes five local authorities, COSLA, representatives of the aquaculture and wild fish industries, the Directorate for the Built Environment, the Scottish Salmon Producers' Organisation, SNH, SEPA and Marine Scotland. It is chaired and co-ordinated by Keith Bray, Head of Planning for the Western Isles. Over a number of months, key participants have met to look at how they could jointly improve the current planning system for aquaculture.

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The main benefits would include up-todate development plans that provide both industry and local communities with greater certainty; improved planning applications and environmental information to speed up response times from the public sector; a more streamlined statutory consultation process; greater understanding and co-operation across public and private sectors; and improvements in the openness and transparency of the process.

single outcome agreements between Scottish Government and local authorities. They will provide for sustainable decisions on aquaculture developments by taking into consideration Scotland’s waters and shorelines; the health of wild salmonid stocks; biodiversity; and the quality, recreational and tourism values of coastal landscapes.

The Marine (Scotland) Bill The Marine (Scotland) Bill continues to allow Shetland Islands Council to exercise control over marine developments within its coastal area, so promoting sustainability, transparency and local accountability. An amendment proposed at Stage 3 which would have removed aquaculture from the town and country planning system was defeated by four votes. COSLA and RTPI in Scotland had both submitted briefings to all MSPs opposing removal of fish farming from local authority control. I do not subscribe to the view that having set up Marine Scotland, there is a need to find a role for the new body. However, the introduction of a new regime, as yet ill-defined, requires local accountability: much remains to be achieved in designing a system that successfully integrates terrestrial with marine concerns. The views expressed in this article are those of Iain McDiarmid. Development plans, and marine plans as they develop, will also continue to support the delivery of single outcome agreements between Scottish Government and local authorities.

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area were represented on the steering group by members of their terrestrial Structure/Strategic Plan teams. To encourage community involvement, the launch of the draft CMSP was supported by a leaflet and information events around the Firth of Clyde.

Marine Planning: the view from the Clyde

Tarbet Harbour © Picture courtesy of Claire Pesgod.

Fiona Miles, Firth of Clyde Forum Project Manager, considers the lessons from their work on the Firth of Clyde Marine Spatial Plan. This Spatial Plan is one of four pilot marine planning projects initiated by the Scottish Government under the Scottish Sustainable Marine Environment Initiative (SSMEI) in order to inform debate on improving the management of Scottish marine and coastal waters. The SSMEI has developed and then tested the benefits of different management framework options. The Clyde pilot project has been based on the development of a marine spatial plan by a project team which has been guided by a pre-existing stakeholderregulator partnership made up of key authorities, businesses, regulators and NGOs in the large Firth of Clyde area. The draft Clyde Marine Spatial Plan (CMSP) was launched in March 2009 and was followed by a 12-week public consultation period.

No shortage of challenges As a pilot project, the development of the CMSP was, by its very nature, bound to encounter many challenges; not the least of these was the limited amount and availability of environmental data. The marine environment can be hostile,

and it therefore may be extremely timeconsuming and costly to gather data there. Often decisions on planning can be hampered by simply not knowing what habitats or species occupy a given area. The project attempted to overcome this by commissioning various studies including a Review of Biodiversity and an Indicative Seabed Habitat Map; although many gaps still remain in our knowledge of species and habitat spatial distribution. A further challenge was how to involve all interested parties from the many varied businesses, authorities, interests and communities across such a wide geographical area. This was achieved firstly through a series of sectoral workshops, and then followed by an interactions study to highlight areas of conflict – in particular, those relating to use of marine space; use of and impacts upon marine resources; and safety. Five of the seven authorities in the Clyde

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Planning in the marine environment shares some similarities with terrestrial planning, but there are also clear differences that pose new challenges. Many marine species are extremely mobile, travelling vast distances and carrying out feeding, breeding, and roosting activities at varied locations: mapping areas of environmental importance is therefore difficult, and very few designated marine environmental areas currently exist. Whilst the Crown Estate is the owner of the seabed out to 12 nautical miles, and has exploration, usage of the seabed and renewable energy licensing rights to 200 nautical miles, there is no clear ownership of the sea. Many different sectors can carry out activities in the same three-dimensional space: at the surface; in the water column; and on or under the seabed. This makes spatial mapping particularly complex, especially in an area the size of the Firth of Clyde. The Plan in its current form is therefore primarily a policy document covering sectoral activities and examining potential conflicts and impacts.

Looking to the future The Marine (Scotland) Bill is due to receive Royal Assent during Spring 2010, and currently contains provisions for setting out national and regional statutory marine planning. Lessons learnt from all of the SSMEI projects will help inform discussions on the future development of marine planning through 2010 and beyond, including the formation of Scottish Marine Regions for local planning. In the meantime, the Firth of Clyde Forum will be coordinating further policy development, and looking to introduce a greater spatial dimension into future revisions of the CMSP. For a copy of the draft Firth of Clyde Marine Spatial Plan, and further information on the Project and the Forum, visit www.clydeforum.org and www.clydeforum.org/SSMEI. 09

FEBRUARY 2010

Scottishplanner : FOCUS ON MARINE AND COASTAL

ÂŠ Picture courtesy of Scottish Government.

Marine & Coastal Spatial Planning of cumulative impacts upon the marine and coastal environment; protection of sites of national and international importance for conservation; and the production of a strategic marine planning policy statement, plus a hierarchy of national, regional and local plans with the recognition that one size does not fit all.

The Marine (Scotland) Bill â&#x20AC;&#x201C; emerging legislation Stefano Smith, Regional Director (Planning & Environment) with the Halcrow Group Ltd, considers the issues and challenges in taking marine spatial planning forward. An agenda for changing times The seas have influenced Scotland's economic past, and continue to shape its economic future. Fishing has been the life blood of many coastal communities, and with related industries continues to provide considerable revenue and jobs for Scotland; our many ports are hives of activity for both industry and tourism; offshore oil and gas exploitation has contributed to Scotland's wealth and employment; our coast supports a wide range of recreational activities, and biodiversity, with thousands of species of flora and fauna and internationally important seabird colonies; and the prospects for development of renewable sources of energy through tidal and offshore wind and wave power are significant. It has become increasingly clear that a coherent strategy for management of Scotland's marine environment is 10 www.rtpi.org.uk/rtpi_in_scotland/

needed to find an effective balance of interests in a way that is integrated, without being over-regulated. The emerging marine planning system in Scotland will go some way to balance, coordinate and integrate the many uses of marine resources, and the various interests using them. However, much remains to be done. This article examines the concept of marine spatial planning; the emerging legislation; challenges that lie ahead; and offers food for thought.

The Marine (Scotland) Bill introduces a framework for the sustainable management of the seas around Scotland, ensuring that the need to protect our seas is integrated with the economic growth of marine industries. It introduces: a new statutory marine planning system to sustainably manage the increasing, and often conflicting, demands on our seas; a simpler licensing system, to cut bureaucracy and encourage economic investment; improved marine nature and historic conservation; much improved protection for seals and a new comprehensive licence system to ensure appropriate management when necessary; and a range of enhanced powers of marine conservation and licensing.

The concept of marine spatial planning It is generally agreed that marine planning should not be merely an extension of the Town and Country Planning System, but should inevitably share similar features. Marine spatial planning should allow for clear guidance on where competing interests can develop sustainably; the consideration

ÂŠ Picture courtesy Iain McDiarmid.

Issues and challenges Marine planning faces various challenges, including: • reducing the burden on development – how to modernise and streamline systems and procedures by combining the planning and licensing requirements, making the process faster and more attuned to the requirements of prospective developers; providing an improved understanding of appropriate uses of particular sites, resulting in clearer decisions. • streamlining the process – how to enable a long term planning framework within which within developers and investors can forward plan with confidence. Marine renewables, coastal and offshore wind power and wave power are likely to be a priority. Marine Scotland's role will include coordination of marine renewables consents. There is a need for a streamlined licensing and consenting process and effective compliance monitoring and enforcement. • synergy of marine plans, programmes, policies and initiatives – how to ensure the alignment of policies, priorities and activities between the various and relevant stakeholders and delivery partners. • balancing development with conservation – how to preserve and protect Scotland's marine ecosystems, wildlife and habitats, and sustain a healthy and productive marine environment, whilst supporting sustainable economic growth. The designation of Marine Protected Areas will be necessary to protect species, habitats or ecosystems, to benefit fisheries management, and to protect

historical sites such as those where shipwrecks are located. • gathering and interpreting appropriate science and data - the commissioning, collection and processing of reliable and useful scientific data and research is an essential element in the provision of a sustainable marine environment. The Government is developing a strategy that relates to the production of scientific insight and data, and which can assist in improving our understanding of natural coastal and marine processes. There is a need for sound science. If we take the purpose of marine spatial planning as influencing the distribution of activities in the marine environment, two key issues being voiced by developers are: • how do we ensure that so far as possible the sea bed is not sterilised unnecessarily? There should not be an automatic presumption against development due to spatial conflict with other activities or interests, nor a presumption in favour of a use that is 'there first' as this may compromise the optimal use of the space. It may be appropriate in some circumstances to provide a framework for management of specific conflicts. • how do we ensure that no one activity is given priority over others? For instance, the oil and gas sector are seen to have relative spatial flexibility; directional drilling and other technologies enable development beyond the immediate location of the resource. Other activities are more

spatially constrained. Similarly, care must be taken to put data into context: for instance, for navigational routes it is important to look not just at the route but at how often it is used. Provision should be made for activities to co-exist where practicable and appropriate.

Food for thought An effective relationship between the marine system and the terrestrial planning system is yet to be identified, and this will need to be resolved to address many of the issues found at present. The Marine Bill is clearly a step in the right direction. However, further work is required: • to design a planning framework specifically for the marine environment; and • to develop a strategic vision to plan effectively for the future; • for planners to be provided with the skills to deal with these new plans at local, regional and/or national levels; and • for further training in marine spatial planning for both planners and marine scientists. There is clearly a role for the RTPI in skills development, as well as universities in providing courses specifically tailored to marine planning - including part-time courses, distance learning and the like for planners and for scientists involved in both terrestrial and marine spatial planning. The views expressed in this article are those of Stefano Smith. 11

FEBRUARY 2010

Scottishplanner : FOCUS ON MARINE AND COASTAL

Scotland’s Coastal Trail: A National Priority Delivered Locally ‘The Seal’ at Stonehaven. © Pictures courtesy of E. Garvie.

Preparing the ground for a coastal path: Allan Garvie, Director of Nortrail from 2004 to 2008 and a member of the RTPI Scottish Executive Committee, considers the issues and the opportunities. With the passage of the Scottish Marine Bill and its counterpart in England and Wales, together with the steady progress being made in Scotland to prepare and secure approval for core path plans in 2010, it is an opportune moment to assess the practicality, costs and benefits of working towards a trail around the coastline of Scotland. After all, Natural England has been given specific responsibility under the Countryside and Rights of Way Act, enhanced by the provisions of the Marine and Coastal Access Bill, to provide public access to the coastline of England and Wales. Completion of this is expected by 2020 but sections will be opened as they are ready. The length of a complete trail around the coastline of the United Kingdom is estimated at about 17,938km; of which 10,200km lie in Scotland – some 25% or 2,700km is already accessible in Scotland.

Practical questions A debate on a Scottish Coastal Path in the Scottish Parliament in February 2009 secured all party support, making Scottish Government Ministers aware of the proposal. A range of practical issues must now be sorted out including: how close to the shoreline should a coastal trail be? how to allow safe walking around a sensitive environmental area, an MOD firing range, or a trunk road? how much of the

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Coastline north of Cruden Bay, near the Bullers at Buchan.

route should take account of the natural crossing points of our estuaries versus the use of existing major and minor bridges? should a coastal trail extend to include Scotland’s islands? how should a coastal trail link with existing and proposed trails? how great will the benefits be to small fragile coastal communities? how is the responsibility for the management to be shared between national and local interests?

Drawing on experience Some expertise is available from those who have put in place stretches of coastal trail on both the east and west coast of Scotland. Much of the east coast has benefited from the completion of the Interreg 111B Nortrail project in 2008 which, with 26 partners in seven nations, has delivered over 5,000km of waymarked routes as the North Sea Trail. While there are still gaps within some of the partners’ areas, it is hoped that new partners will wish to join the North Sea Trail Association to benefit from joint marketing and the experience of partners in Norway, Sweden, Denmark, Germany, the Netherlands, England and Scotland.

Opportunities for action With the Coastal Trail in England and Wales scheduled to be complete in 2020, will a Scottish trail be ready? The answer will depend on national

leadership and co-ordinated local action; and in addition to local authorities and local communities, there are three other key elements in relation to this. First, the Scottish Government should be encouraged to include a Scottish Coastal Trail in the next National Planning Framework (NPF) in 2013 as a new national project: no project so far has been comparable to such a Trail, with its geographic spread and economic benefits to fragile coastal communities. It is expected that a statement about a Trail will be made in the NPF2 Monitoring Report in 2011. Secondly, the start of work on Marine Planning, as set out in the Scottish Marine Bill, will need to allow for a Trail and other land use changes arising from offshore developments. Finally, responsibility for delivery of long distance trails lies with Scottish Natural Heritage, whose recent focus has been on habitat protection and enhancement to comply with EU Directives. There is now an opportunity for SNH to review the national and regional trail network so that Scottish walkers can have the same opportunities as those in England and Wales. One day, maybe, the UK Coastal Trail can become another of Europe’s Grande Randonne. To achieve this dream, action needs to start in Scotland now.

Legislating for a Marine Planning System regime for aquaculture might also provide a solution. While fish farming is currently the main marine offshoot of the terrestrial planning system, the Marine Bill makes provision for dis-applying certain parts of the terrestrial planning to aquaculture, enabling it to come within marine planning in due course.

Martin Sales, Partner and Head of Infrastructure, Environment and Transport with Biggart Baillie, anticipates some of the complexities of the new marine planning system. An old Chinese curse runs: May you live in interesting times! Times are certainly ‘interesting’ just now in Scottish planning, particularly in relation to the emerging regimes for marine and coastal planning. The need to integrate UK and devolved matters, some of the projects identified in NPF2, and the surge towards offshore renewable energy are bringing into focus the interface between differing regulatory regimes. The UK-wide Marine and Coastal Access Act 2009 received the Royal Assent in November 2009; and the Scottish Marine Bill has just been passed this February (2010). These two pieces of legislation will introduce a marine planning system, extending 200 nautical miles into the seas around Scotland, as intricate as the land-based planning system.

Where the land meets the sea On the face of it, the meeting point of land and sea appears to be straightforward, especially since the Argyll case1 settled the law on the matter in Scotland in 1976. The terrestrial planning system, based on the wording of the 1972 Planning Act, extended from land down to the low water mark of the ordinary spring tides, meaning the point in the twoweek cycle when the high tide is higher than average and low tide is lower than average. However, the provisions of the Scottish Bill coupled with the wording of the 1997 Planning Act make the Argyll case ripe for revisiting. The 1972 Act referred to tidal lands below highwater of ordinary spring tides. Leaving aside fish farming, there is

…the combined effects of coastal erosion and a predicted rise in sea levels indicate that areas subject to the terrestrial system today might in the future be subject to the marine system.

“

”

no such reference in the 1997 Act, suggesting that the terrestrial planning system does not extend seaward below the high water mark of the ordinary spring tides. The Marine Bill provides for the creation of a marine planning system in the Scottish marine area, the area of sea out to 12 nautical miles, and states that this includes any area submerged at mean high water spring tide. In other words, marine planning will extend to the highest point of the tidal range, providing a neat fit with a post-Argyll terrestrial regime. However, the combined effects of coastal erosion and a predicted rise in sea levels indicate that areas subject to the terrestrial system today might in the future be subject to the marine system. This is not an unprecedented situation: for example, creating a new harbour or port facilities often involves land ‘reclamation’, which the empowering Harbour Order often provides shall be governed by the terrestrial planning system. The evolution of the special planning

Seen across a range of marine sectors, the absence of a definitive demarcation line between the terrestrial and marine planning schemes is an opportunity for unnecessary complexity. However, to attempt such a demarcation would also involve a degree of simplification and harmonisation of reserved and devolved matters which might prove too interesting for even the most committed planner.

The role of Scottish Ministers Fortunately, under the Marine and Coastal Access Act 2009 and the Scottish Bill, the lines of demarcation are reasonably clear on whether the UK Government or Scottish Ministers are responsible for a particular matter. The Act specifies certain marine functions over which Scottish Ministers will have jurisdiction out to 200 nautical miles, including planning, renewable energy and nature conservation. Under the devolution settlement, Scottish Ministers will also have exclusive jurisdiction over devolved matters within the Scottish marine area. One matter which has escaped much comment is the so-called ‘democratic deficit’ that might be said to exist in marine planning. Whereas terrestrial planning functions are exercised by a local authority comprising elected members, marine planning functions are exercised by Marine Scotland, a Scottish Government Directorate. The Scottish Ministers’ power to delegate regional marine planning functions may help to ameliorate this apparent discrepancy. 1

Argyll & Bute D.C. v Secretary of State for Scotland, 1976 S.C. 248

FEBRUARY 2010

Scottishplanner : VIEWS AND NEWS

Stranraer Waterfront Masterplan Eugene Mullan, Director with Smith Scott Mullan Associates, outlines the development of a masterplan for Stranraer and the thinking that drives the proposals.

Castle Square

Smith Scott Mullan Associates have recently completed the Stranraer Waterfront Masterplan and Urban Design Strategy for Dumfries & Galloway Council. The international shipping company Stena Line are proposing to relocate their port operations from Stranraer to further up Loch Ryan. This presents an opportunity for significant change to the waterfront at Stranraer, with the aspiration to establish the town as a marine leisure destination. At present the waterfront is a poorly defined space with a disjointed urban fabric and poor public space dominated by car parking. The aim of the masterplan is to reconnect the existing historic and attractive town centre with the waterfront and create a more attractive, lively public domain centred around marine leisure activities.

Local consultation Working with approximately 40 stakeholders, a realistic strategy for change was established.

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This identified three key stages in the gradual transformation of Stranraer: from busy ferry port to attractive seaside town; then marine leisure destination; and ultimately tourism hub for south-west Scotland. Consultation exercises were implemented by Drew Mackie Associates to engage with local people, including a questionnaire in the local press and the hosting of a ‘Thrash’ for 18-25 year olds in the community centre. Young people can be a difficult group to engage with, yet responses were received from 52 participants and there was a lot of enthusiasm for a bowling alley, and less for downmarket pubs! The design proposals, produced with Jon Rowland Urban Design, are developed from the context of the existing town, and they propose an intricate sequence of intimate organic urban blocks, as well as extension of the existing routes to the waterfront - in particular the route of the Town Burn through Castle Square and down North Strand Street. As you move away from the historic town centre, the proposals reflect the more geometric, planned form of dockside buildings. A coastal edge promenade is proposed linking a series of open spaces along the waterfront. A significant adjustment to the balance of vehicle and pedestrian priorities in the streets © Images courtesy of Smith Scott Mullan Associates.

is proposed by Ben Hamilton Baillie Associates through the introduction of integrated, low-speed streetscapes. This proposal resulted in many interesting discussions with stakeholders, the community and the client - there was significant support for the principle but much debate on the practicalities!

Development over time A variety of building uses and future activities were discussed including an aquarium with a marine research centre and a new steam train service to a refurbished pier-head railway station. The analysis by John Lord of Yellowbook highlighted that the overall economic prognosis for Stranraer is fragile. Development is therefore likely to be piecemeal and over an extended period of time, and the suggested uses which have been proposed will need to respond to the development opportunities at any particular time. Specific discussions have been held with Councillors and officials on the approach to ‘managing this change’. The proposals are presented as four character areas reflecting the different sections of the waterfront; with principles for the built form/height, routes/linkages and open space being clearly explained. These principles are to be adopted as Supplementary Planning Guidance. An initial BRE GreenPrint assessment was carried out on the design proposals ensuring that long-term sustainable design principles are embedded in the Masterplan. An application by Dumfries & Galloway Council to the Scottish Government’s Town Centre Regeneration Fund for public realm improvements to the Castle Square has been successful. Smith Scott Mullan is currently producing detailed designs with work commencing on site in March 2010. It is hoped that this project will provide an initial example of the transformation of Stranraer from a busy ferry port to an attractive seaside town.

RTPI in Scotland survey of recent planning graduates

Joanna has completed her studies for the MSc in City Planning and Regeneration at the University of Glasgow. She holds a BA (Hons) degree in Geography from the University of Strathclyde and a Masters in Research also from the University of Strathclyde. Prior to studying planning, Joanna worked as a Disability Assistant at the University of Strathclyde and was instrumental in setting up the system by which the University arranges personal assistance for disabled students. In her spare time Joanna enjoys skiing and climbing, and she is on the MacMillan Cancer Support’s list of volunteers.

The aims and focus of the research The research project will investigate the current employment status of recent graduates from accredited planning schools in Scotland. It will examine their experience in seeking employment; the extent to which they are using their planning qualifications; their experience in the workplace; the relevance of their course work and the benefit of any previous work placements; and their aspirations and need for mentoring and supervision. The survey aims to provide good, reliable information on the destination of the 2009 cohort of graduates from RTPI accredited courses in Scotland; and to assist in understanding the current employment situation for graduates, their preparedness and early experience of employment and the job market, and

their requirements for on-going CPD support. The research will provide a basis for further discussion of how to prepare students for the workplace; how to support APC candidates; and how to keep planning skills within the profession.

Taking the research forward A database of graduates from 2009 will be constructed with the aid of the planning schools. An emailed, postal and online survey will be carried out, and detailed follow-up interviews with a sample of respondents will be undertaken. As part of the research programme, it is also hoped to involve a focus group including representatives of public sector and private sector employers to discuss issues relating to the employment of graduates. The outputs of the work will be a full report of the survey; a published discussion paper; an event to be held in June 2010 to which academics, planning practitioners and representatives of central government will be invited; and a report to be submitted to the RTPI Education and Lifelong Learning Committee. Veronica Burbridge, National Director, RTPI Scotland If you would like further details or to contribute to this work please contact Joanna at RTPI in Scotland, 57 Melville St, Edinburgh, EH3 7HL; phone: 0131 226 2085; email: joanna.stewart@rtpi.org.uk.

Scottish Success at RTPI Planning Awards Congratulations to Kathryn Gilchrist who received the Award for Outstanding Student Achievement at the RTPI 2009 Awards Ceremony. Kathryn has recently completed an MSc in urban and regional planning with distinction from the Heriot-Watt University. Her two pieces of coursework, on the role of planning in securing pollution abatement and on the sustainability implications of road space reallocation for public transport, were praised by the judges. Kathryn is now beginning her studies for a PhD at the Heriot-Watt University.

Congratulations also to Dundee City Council and partners who received the Award for Heritage for their work in the conversion of Gardyne’s Land, a complex of five category A listed historic buildings into a backpackers ‘ hostel. David MacDougall, Dundee Council’s senior planning officer, was there to receive the Award which was sponsored by English Heritage. For further information on the Awards and winners view: www.rtpi.org.uk/item/420/23/5/3

FEBRUARY 2010

Scottishplanner : VIEWS AND NEWS

News and events RTPI News

Obituary: Chris Cornell MRTPI 1978-2009

RTPI campaign against government cuts to planning education continues: for the very latest update, view: www.rtpi.org.uk/item/3246&ap=1 RTPI in Scotland Annual Review 2009 can be viewed at: www.scotland.rtpi.org.uk (click on the green box, top-left) or www.rtpi.org.uk/groups/rtpi_in_scotland/ - this is only accessible to RTPI Members (follow the prompt to register). A Date for your Diary … 7th Annual Sir Patrick Geddes Commemorative Lecture is to be given by Mr Peter Head OBE, Director of Planning and Integrated Urbanism at ARUP, on Sustainable Economic Development: towards the emerging Ecological Age. It will be held on Wednesday 21 April 2010 at 17.45pm at the Hawthornden Lecture Theatre, the National Galleries of Scotland, the Mound, Edinburgh. He will look at the postrecession, post-Copenhagen situation, and analyse the increasing importance of land use planning regionally and locally to achieve sustainable economic development. He will conclude with some visions of how a 2050 ecological age city might look and feel.

“Everyone that met Chris liked him; everyone who knew Chris loved him.” It is with much sadness that we report the passing of Chris Cornell, Planning Officer with City of Edinburgh Council, after a brave 6 month battle with a rare form of cancer. Chris studied Town & Regional Planning at Dundee University, graduating with honours in 2004. At this time, Chris was also a senior member of the bar staff at Dundee University Students’ Union, and outwith term-time worked as a leisure attendant in his native Chester-le-Street, County Durham. Chris enjoyed student life to the full and was indebted to the university for meeting his future wife, Amber, there in 2001. Chris joined City of Edinburgh Council in 2005, working firstly in the Central Development Management Team before moving to the East Team. He worked on a variety of projects, including several

licensed premises that he would later enjoy! Chris became a Corporate Member of the RTPI in April 2008. It didn’t take long for him to become a well-respected and highly-valued colleague, and he will be particularly remembered for his warmth and jovial nature. What Amber termed the ‘boo-ha-ha’ laugh was an irrepressible feature of the open plan office. Both in and out of the office, Chris enjoyed a social gathering. He was responsible for the weekly office 7-a-side football and could regularly be seen marshalling the troops for a Friday afternoon tipple. He was a keen sportsman, particularly golf and skiing, and suffered from the same affliction as many from North-East England – Newcastle United blues. He will be sorely missed by all those who knew him. It is tragic that he was taken from us in his prime and was unable to fulfil his longer-term ambitions both as a planner and as a man. Our thoughts and condolences go out to his wife Amber, his parents, and others who were close to this truly one-in-a-million, stand-up guy. Francis Newton and Andrew Trigger

RTPI Chapter News Planning Aid for Scotland scoops Gold at Edinburgh Lothian Fife Border Chapter Pub Quiz The PAS team won the annual ELFB Chapter quiz, held at the Cumberland Bar in Edinburgh on 27 January, which drew 10 teams totalling more than 50 planners. Lynn Wilson, Head of PAS Development and part of the winning team said: “This is the first time we’ve entered a pub quiz so we are delighted to have won; and of course we will be back defending the title next year.” She added: “There is an ever increasing demand for our services so the more planners that can help PAS the more we can help others.” For further information view www.planningaidscotland.org.uk/. See also ELFB event report in Scottish Planner Extra.

Forthcoming RTPI Events in Scotland For more information on the listings below use the following links… Chapter events - view www.scotland.rtpi.org.uk and choose ‘Scottish Chapters/Chapter pages’ in the left-hand column. National events - view www.scotland.rtpi.org.uk and choose ‘RTPI in Scotland National and Network Events/Events and Partner Events’ in the left-hand column.

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March 10: Grampian Chapter with CIWM: From Pariah to Pyrolysis – How the Planning System Treats Waste… Aberdeen

17: East of Scotland Chapter: TAYplan SDPA… tbc (Perth) April

15: Grampian Chapter: North East Allied Professionals Joint Event

21: East of Scotland Chapter: Dundee Waterfront… Dundee

16: RTPI Scotland Scottish Young Planners Annual Conference 2010: Development and Scotland’s Heritage – How Do We Strike the Balance? … at Glasgow City Chambers

22: RTPI Scotland Annual Sir Patrick Geddes Memorial Lecture … Edinburgh – see RTPI News above for details.

Other News and Events Cross-Party Group on Architecture and the Built Environment

Scottish Government News Modernising Planning - Roddy Macdonald, Head of Planning Modernisation and Co-ordination Division reports … The New Year sees work continuing on the modernisation of the Scottish planning system with a number of key strands progressing into 2010. Two documents highlighted in the Economic Recovery Plan Update of October 2009 have been published: Circular 1/2010: Planning Agreements, which replaces Circular 12/1996, and the final consolidated Scottish Planning Policy.

Cross-Party Groups provide an opportunity for members of all political parties, outside organisations and members of the public to discuss a shared interest in a particular subject. The Cross Party Group on Architecture and the Built Environment was established in May 2000. The Group’s Convenor is Scottish Green MSP Robin Harper, and he is supported by RIAS and RTPI Scotland. It provides a forum for MSPs and others to discuss the economic, social, environmental and cultural contributions that architecture and the built environment make: to maintaining the highest standards of design; promoting architectural excellence; improving the quality of life within the responsibilities devolved to the Scottish Parliament … and to sustaining a dialogue on Scottish architectural design in a European and World context. Meetings are held four times per year and aim to cover a wide variety of topics. These have included recently ‘Planning Reform in Scotland – Beyond the Planning Bill’ and ‘Wind Turbines in our Cities’. The Group hosted a lively debate at the 2009 Festival of Politics titled ‘Architecture & Politics - Clash or Love-in?’ Further information is available on the Scottish Parliament web page at: www.scottish.parliament.uk/ msp/crossPartyGroups/groups/cpgarch.htm. Anyone wishing to attend should contact the Secretary, Eugene Mullan, at e.mullan @smith-scott-mullan.co.uk. Brodies LLP launches PlanningBlog … this provides comment on hot topics of interest to planners, developers, local authorities, contractors, property consultants and others involved in the planning application and approval process. Brodies’ regular bloggers are planning experts with wide-ranging knowledge in areas such as residential and commercial property, renewables and utilities, marine and offshore, transport, regeneration, and infrastructure.PlanningBlog can be viewed at www.brodies.com/publications/blogs/ and readers can subscribe to RSS feeds and email updates.

‘Scottish Planner Extra’… on the web The following articles and reports are available via the RTPI in Scotland Group web-pages – for RTPI Members only. To register and/or access, view: www.scotland.rtpi.org.uk – then click on the green box, top-left – or www.rtpi.org.uk/groups/rtpi_in_scotland/ Articles • Rural ‘Live work’ model – Tom Hardie reports • West of Scotland Chapter event: Clyde Gateway - Paving the Way for the Recovery - John Walls reports • Edinburgh Lothian Fife Borders Chapter event: Annual Curling Bonspiel – Hamish Bell reports Also ‘Members News’ and the Policy Pages as a PDF.

2009 saw the ePlanning programme successfully deliver a single website for submitting applications, local reviews and appeals, so enabling authorities to display greater amounts of information on their websites. The next phase is crucial to realising planning authority efficiencies, savings to businesses and further service improvements. This will include investing in the online display of local development plans, and taking forward activities to publicise and drive up the usage of ePlanning. For more information visit: https://ePlanning.Scotland.gov.uk. Work is also continuing on the Householder Permitted Development Order. A draft Order and guidance note were piloted for three weeks by Councils in Edinburgh, Fife and Stirling, and in the Dingwall office of Highland Council. Workshop sessions have also been held with local authority planning staff and other development professionals. In addition we have consulted on extending domestic permitted development rights for air source heat pumps and micro wind turbines. The first Order has been laid in the Scottish Parliament and a further Order will be made later this year. With Delivering Planning Reform looking to increase cooperation amongst stakeholders of the planning system, with the aim of increasing efficiency, the Directorate is hosting regular placements to promote actively a shared understanding of different stakeholder roles, particularly that of the Scottish Government. The first placement was held earlier in February, with others available on dates 3-7 May and 19-23 July. Please contact Carrie Thomson on 0131 244 7529 if you wish to express an interest in these placements. SSCI Scottish Charrette Series As part of the Scottish Government’s Scottish Sustainable Communities Initiative (SSCI), a Charrette Series is being held in March at three SSCI exemplar projects: Ladyfield, Dumfries; Lochgelly, Fife; and Grandhome and Whitestripes in Aberdeen. This will involve a sequence of intense, exciting design workshops, lead by the internationally-acclaimed designer Andres Duany, that will engage with key stakeholders to deliver well-designed masterplans. The Series will run from 1-25 March, and public meetings will be held throughout, with the Opening Design Lectures taking place at Easterbrook Hall, The Crichton, Dumfries on 2 March at 7pm; Lochgelly Town Hall on 8 March at 7pm; and at The Cowdray Hall, Aberdeen on 16 March at 7pm. All welcome – view: www.scotland.gov.uk/Topics/BuiltEnvironment/AandP/Projects/SSCI

FEBRUARY 2010

Scottishplanner

Policy briefing

PUBLICATIONS SCOTTISH GOVERNMENT PUBLICATIONS

I Scottish Planning Policy Scottish Government's policy on nationallyimportant land use planning matters. (4/02/10)

I Scottish Planning Series: Planning Circular 1/2010: Planning Agreements Guidance on the processes determining the need for, and negotiation of, Planning Agreements. (4/02/10)

I Planning Enforcement Charter: A guide to enforcing planning controls Update of existing Planning Enforcement Charter. (23/12/09)

I Shaping Up Report A review of the shape and working practices of the Scottish Government. (27/01/10) I CLIMATE CHANGE Renewables Action Plan: Update (1/02/10) I Scottish Vacant and Derelict Land Survey 2009 (27/01/10)

I Technical Guidance: Noise Action Plans: Candidate Noise Management Areas to Noise Management Areas Technical guidance for local authority staff. (18/01/10) I Technical Guidance: Noise Action Plans: Candidate Quiet Areas to Quiet Areas (18/01/10) I Public Attitudes Towards the Scots Language RFs 3/2010 A broad overview of perceptions of the Scots language and attitudes towards it. (14/01/10)

I CLIMATE CHANGE Scotland's Climate Change Adaptation Framework: Strategic Environmental Assessment Post-Adoption Statement Sets out how environmental considerations, the Environmental Report, and responses from the Consultation Authorities have informed the Framework. (17/12/09)

I CLIMATE CHANGE Permitted Development Rights: Domestic Wind Turbines and Air Source Heat Pumps This research report considers the feasibility of extending Permitted Development Rights to

domestic wind turbine and air source heat pump microgeneration technologies. (16/12/09)

I Analysis Report on the Consultation on the Implementation of the Removal of the Duty of Planning Authorities to Notify Historic Scotland on Certain Types of Listed Building Consent Application Summary of the responses received. (10/12/09)

I Learning point 49: Delivering regeneration in a new context: policy and practice From an event in August 2009 to discuss delivery of regeneration after the end of the Fairer Scotland Fund (FSF) ring-fence in March 2010. (10/12/09) I CLIMATE CHANGE Scotland's Generation Advantage This report examines the scope, benefits and attractiveness of the various lowcarbon generation technologies available to Scotland, highlighting those vital to the achievement of energy policy imperatives. (10/12/09) I CLIMATE CHANGE Scotland's Climate Change Adaptation Framework The

CONSULTATIONS Current consultations to which the Institute may wish to respond are listed below. They can also be viewed on the Scottish Government website at www.scotland.gov.uk/Consultations/ Current. To assist the Institute in preparing representative responses, Members are invited to contribute their views by post or email - see contact details on p2 or on the RTPI in Scotland webpages - ideally no less than 14 days prior to the end of the consultation period. The Institute’s Scottish responses can be found at www.rtpi.org.uk/item/760/23/5/3.

CONSULTATIONS FROM THE SCOTTISH GOVERNMENT AND OTHER PUBLIC BODIES

I CLIMATE CHANGE Extending Permitted Development Rights For Domestic Micro-Wind Turbines and AirSource Heat Pumps Wide-ranging proposals for the extension of permitted development rights, based on research published (see below) in December. (30/04/10) I Consultation on the Transposition of Directive 2008/50/EC on the European

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Parliament and of the Council of 21 May 2088 on ambient air quality and cleaner air for Europe (20/04/10)

I Consultation on a Risk Based Reservoir Safety Regime for Scotland To protect the public from the danger of flooding from reservoirs, the consultation seeks views on different risk-based systems – and a number of issues which have arisen with current legislation – as well as on proposed Regulations to take forward the implementation of part 7 of the Flood Risk Management (Scotland) Act 2009. (18/04/10) I Scotland's Higher Activity Radioactive Waste Policy (9/04/10)

I Scotland's Higher Activity Radioactive Waste Policy SEA of the Detailed Statement of Policy. (9/04/10)

I Inquiry into Future Support for Agriculture in Scotland Remit is to make recommendations on how financial support to agriculture and rural development can best be tailored to deliver sustainable economic growth. (5/03/10)

I Revised Code of Practice issued under Section 60 of the Freedom of Information (Scotland) Act An updated Code for Scottish public authorities, this also incorporates guidance on the Environmental Information (Scotland) Regulations. (2/03/10)

FORTHCOMING CONSULTATIONS

I Dounreay Waste Substitution Proposals are to allow two forms of waste substitution. (Winter 2009/10) I Consolidation of Waste Management Licensing Regulations and associated amendments Exercise also incorporates proposals for the transposition of the revised Waste Framework Directive and amendments relating to waste carriers legislation. (Winter 2009/10)

I Implementing the Water Environment and Water Services (Scotland) Act 2003: Environmental Impact Assessments in respect of agricultural irrigation projects - proposals for a simplified approach. (Winter 2009/10) I Long Leases (Scotland) Bill - consultation and draft Bill A draft Bill to convert certain very long leases (175+years, and with 100+ to run) into ownership. (Winter 2009/10)

Details of Scottish Government publications and consultations are reproduced courtesy of Crown Copyright.

Framework presents a national, coordinated approach to ensure that Scotland understands the risks and opportunities climate change presents and is adapting in a sustainable way. It sets out the overarching model for adapting to climate change in Scotland. (8/12/09) I CLIMATE CHANGE Scotland's Climate Change Adaptation Framework Sector Summaries. (8/12/09)

I CLIMATE CHANGE Scotland's Climate Change Adaptation Framework - Spatial Planning and Land Use (8/12/09)

I CLIMATE CHANGE Scotland's Climate Change Adaptation Framework - The Built Environment (8/12/09)

I Changing Land Use in Rural Scotland Drivers and Decision-Making: Rural Land Use Study Project 1 Research report exploring factors involved in the use and management of land in Scotland. (4/12/09) I Strategic Report on Improving the Efficiency and Effectiveness of Public-Space CCTV in Scotland (4/12/09)

CLIMATE CHANGE CORNER If space permits, each set of policy pages from the Scottish Planner will have a small corner devoted to Climate Change matters, giving additional emphasis to those consultations and publications addressing issues of Climate Change mitigation and adaptation, and sharing both problems and solutions. What key references and sources do you use? Tell us about them so we can share them with other practising planners! Go on, you know you want to! CLIMATE CHANGE The Royal Society of Edinburgh (RSE) has launched its next major inquiry Facing up to Climate Change – see www.rse.org.uk/enquiries/climate_change/ index.htm. A multi-disciplinary group of experts is looking into the gap between the policies necessary to deal with climate change and what the public will currently accept. The remit of the group will be: 1. To engage in deliberative dialogue with individuals, industries and public authorities to help develop and respond to proposed Government climate change policies; 2. To identify barriers to change, and to recommend measures for current and future policies in these areas and the timescales on which action might need to be developed.

I Creative Industries Key Sector Report An overview of the sector, outlining challenges and opportunities. (2/12/09)

I Scottish House Condition Survey: Key Findings for 2008 The fifth ‘Key Findings’ Report since the SHCS changed to a continuous format in 2003. (26/11/09)

SCOTTISH PARLIAMENT PUBLICATIONS SPICE Briefings These research briefings are for use by MSPs in support of parliamentary business in the Committees and in the Chamber, and are always impartial. Briefings can also be viewed via: www.scottish.parliament.uk/ business/research/index.htm

I SB 10-06 Economic Indicators This briefing provides a selection of indicators on aspects of the Scottish economy. (27/1/10) I SB 10-05 Forth Crossing Bill The Forth Crossing Bill seeks to grant Scottish Ministers

The Institute has been asked to give responses to the following questions: General: 1. Do you perceive the changing weather patterns in Scotland and globally as affecting you and/or your organisation? 2. What are the impacts of the Climate Change (Scotland) Act on the goals and activities of your organisation in terms of investment and exposure to risk? 3. What do you plan to do in response to these factors over the next 5-10 years? 4. How integrated is your response with other organisations in similar or related fields? 5. What are the main barriers to change for you and your organisation? 6. What are the relative merits for your organisation of a carbon tax; emissions trading; energy regulations for performance standards; or incentive schemes? If you have further comments on some of the following issues, then they would also be welcome: Energy generation: 7. What do you see as the issues with public acceptance of increasing investments in renewable energy and its associated infrastructure? 8. How do you see 1 in 10 buildings being heated by renewable heat technologies by 2020?

the necessary powers to construct a new cablestayed road bridge over the Firth of Forth, along with connecting roads and associated infrastructure. (25/1/10)

I SB 10-01 Crofting Reform (Scotland) Bill Briefing prepared for Members of the Rural Affairs and Environment Committee, the lead Committee on the Bill. (8/1/10)

I SB 09-87 The Scottish Government's Economic Recovery Plan (ERP) This briefing from the Financial Scrutiny Unit (FSU) considers the measures included in the ERP (announced in 2008, and reported as supporting 15000 jobs), reviewing its progress and impact to date. (15/12/09). I SB 09-85 Local Government Finance Allocations 2010-11 (Provisional) This paper details provisional local government finance allocations for 2010-11, including changes to local government budgets, the equal pay capitalisation scheme, review of the local government distribution mechanism, NonDomestic Rate Income and the Council Tax Freeze. (9/12/09)

9. What are the institutional, organisational and financial barriers to meeting the 50% target of renewable energy by 2020? 10. Is there sufficient action to exploit the potential of microrenewables? 11. What are the obstacles to cutting energy use? Buildings: 12. What is your view on how we can adapt our building/housing stock to cope with a greater incidence of extreme weather events? 13. How should Government ensure that business/domestic energy efficiency measures are met? 14. What are the obstacles in the current planning and building regulations to implementing the measures envisaged in the Climate Change Act? Transport: 15. How could your organisation’s transport emissions be cut by 30% by 2020, and what are the barriers to achieving this? We would welcome your responses, ideally please by return and email to charles.strang@rtpi.org.uk, to the above for consideration by the RTPI Scottish Executive Committee’s Policy Sub-Committee. They must be in our hands before Friday 12 March.

FEBRUARY 2010 :

Scottishplanner Directory MUNRO Consultants Traffic & Transport Specialists

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• Transport Assessments • Green Transport Plans • Traffic Engineering Studies • Development Master Plans • Public Inquiries Hugh Munro: PO BOX 28296 Edinburgh EH9 3WT 0131 662 6611 email:hm@munroconsult.co.uk

• rural development projects • renewable energy projects • site appraisals • planning application submissions Tom Hardie 0131 660 2705 tom@hardieplanning.co.uk www.hardieplanning.co.uk

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