RTPI Scottish Planner

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mediation of space • making of place

No 144 : Dec 2011

Scottishplanner The Journal of RTPI Scotland

A New Approach to Resourcing Planning

developments requiring more complex assessment, we will also consider whether it is possible to reduce the fee for those applications which are generally straightforward for authorities to process." Responding to the announcement David Suttie, Convenor of RTPI Scotland, said "Scottish Government recognises that planning is a key contributor to achieving well designed, sustainable communities and strong economic growth. Given this it has to ensure that the planning service has the resources it needs to function effectively. RTPI Scotland therefore welcomes the forthcoming consultation announced by the Minister. We will work with our members across the public, private and voluntary sectors to stimulate debate to help develop solutions to the issues it will raise."

Aileen Campbell and David Suttie at the RTPI Scotland conference. Š image courtesy of RTPI Scotland.

Planning Minister Aileen Campbell used the RTPI Scotland Annual Conference to announce a consultation early next year on proposed changes to planning fees. The proposed changes envisage a new proportionate fee structure ensuring they reflect the cost of dealing with planning applications. This will be complemented by a continued focus on performance, including the introduction of a new performance assessment framework. The changes will include looking again at maximum fees and how fees for different categories of development are calculated. She said "A first class planning service is essential if we are to achieve the Scottish Government's goal of sustainable economic development. But for a high performing planning service to exist, it must be properly resourced. That is why I will be consulting on reforms to

the planning fee structure which will make sure the amount applicants are charged more accurately reflects the work planners put in. We are not proposing a percentage increase across the board. Although there is scope for a more significant rise for those

The announcement comes on the back of the recent Audit Scotland report into the planning system which highlighted issues in resourcing planning application processing. It also comes at a time when Heads of Planning Scotland are working with Scottish Government to develop a new performance framework which will measure both the pace of decision making and the quality of service.

Delivery The RTPI Scotland Conference took place on World Planning Day which the Minister said was a valuable opportunity to raise the global profile of the planning profession. She emphasised the need for planning to turn vision into reality which delivers lasting benefits to communities and to the economy. In the current economic climate, she said, the role of planners as facilitators of development, becomes even more important than ever, although this Continued on page 4

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DECEMBER 2011

Scottishplanner

Editorial

The RTPI Scotland Annual Conference was a resounding success in providing a platform for discussion and debate on the role of planning in supporting sustainable economic growth. It allowed members to voice their thoughts on the issues we face. And it allowed the Minister to set us some challenges for the future and opportunities to be grasped. This edition of Scottishplanner looks at ways in which planners and the planning system can contribute to climate change. It includes examples on hydro power, biodiversity, design, forestry and approaches to reducing carbon emissions from housing and commercial development. We also look at the implications of the Climate Change Act for planners. I am sure that these will all provide food for thought. This is the last edition of Scottishplanner in 2011, and contains a copy of the RTPI Scotland Annual Report. We’d be delighted to get feedback on this. And, as ever, we are extremely grateful to Biggart Baillie LLP and Halcrow for their sponsorship of Scottishplanner; and for the support of out advertisers. Can I take the opportunity to wish all our members and friends a Happy Christmas and New Year. Craig McLaren Editor Scottishplanner is the Journal of the Royal Town Planning Institute Scotland, and is distributed free by direct mail to all Members in Scotland. It is also available on the web at www.rtpi.org.uk/scotland

contents 06 03

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Convenor’s Comments

Update 04 05 06

A New Approach to Resourcing Planning – continued from front page Keeping the Customer Satisfied – Oonagh Gil Amsterdam Eastern Docklands Regeneration – John Walls

Focus on Climate Change 07 08

A National Park’s Liquid Assets – Gordon Watson Renewables and Biodiversity Offsetting – Andy Tharme, Andy Millar and Ian Aikman 09 Climate Change or Climate Strange? – Amanda Wetzel and Ailsa Collin 10&11 A New Approach to Reducing Carbon Emissions in Housing and Commercial Developments? – Maggie Bochel 12 A Green Light for the Planning System? – Sarah Baillie 13 Design and Climate Change – David Thompson

News 14&15 Scottish Government News 16 Young Planners Page: Views from Abroad – Grant Byars and Andrew Sim 17 RTPI Scotland Update 18 Policy Briefing 19 Climate Change Corner and Immaterial Considerations 20 Directory

Scottishplanner Sponsors

Editor Craig McLaren Potential articles and photographs are welcome. The Editor reserves the right to amend articles as necessary. Enquiries to: the Editor, Scottishplanner, RTPI Scotland, 18 Atholl Crescent, Edinburgh EH3 8HQ. Tel: 0131 229 9628; 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. SC037841 Registered Charity No. 262865 Scottishplanner is printed on Era Silk recycled paper. Design, production and advertising by Thinktastic Tel 0131 202 1668

02 www.rtpi.org.uk/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 twitter.com/biggartbaillie

Sustaining and improving the quality of people’s lives. We believe in making places work through our unique collaborative approach to planning, design, transport and development. We take proposals and projects from inception to successful implementation. Our skills are equally important to small-scale commissions as to major masterplanning and infrastructure projects. For further information, please view halcrow.com/dpd


Convenor’s Comments For me, it all began just because I’d gone to the toilet. It was the mid1990s and along with a number of colleagues from the Aberdeen City planning department, I was attending the Grampian Chapter Quiz Night and AGM at the Redgarth in Oldmeldrum. OK, I’ll be honest – I was really there for Quiz Night. After enjoying a few of the real ales on offer, I departed to the said toilet at the start of the AGM. When I got back, my colleagues congratulated me having just been elected in absentia as the Aberdeen City representative on the Chapter Committee. After the initial reaction of not being best pleased about this unsought appointment, I decided to that I might as well give it a shot. Yes, it involved attending the occasional evening meeting at someone’s house to plan the next events, a bit of phoning around and organising things with people in different authorities and organisations (not so easy in the days before email and text) but I actually found it quite rewarding when the events all came together and low cost CPD was provided for colleagues. It was also an invaluable networking opportunity, allowing me to meet planners from various sectors with different experiences and perspectives. It was really a chance to put my head about the parapet for the first time. So, when I moved from the NorthEast to the South-West in 1996 and found the Dumfries & Galloway Chapter was looking for volunteers to join its Committee, I was happy to put my name forward, this time without being ‘volunteered’. When the Chapter Convenor (and also former RTPI in Scotland Convenor) Howard Young moved to a new post, I took over the Convenorship and with that came a seat on the Scottish Executive Committee. Again, a steep learning curve and the need to be more aware of the national picture. The point of these reminiscences is to urge you to think about getting involved in your local Chapter if you are not already. There is always a need for new people with fresh ideas and as I’ve discovered over the years, you can actually get a huge amount of personal benefit in terms of CPD and broader experience in exchange for a small amount of your time and

effort. Chapters are unique to Scotland and are worthy of your support. As this is my last Convenor’s Comment, it is appropriate to reflect on the highlights of the year and say thank you to a number of people. I’ve been lucky enough to hear some really excellent and thoughtprovoking speeches at the annual conference, the Young Planners conference and the Convenor’s Colloquiums, a new idea which I hope we will be able to continue and expand upon in future years. I’ve met a variety of people, from frontline staff to Directors to Ministers, but the desire in each of them to make a difference in these difficult times was striking. The highlight was the intense 3 day period in March where we had the opportunity to show Richard Summers, the RTPI President, how planning is done in Scotland. A big thank you to my colleagues at

There is always a need for new people with fresh ideas and as I’ve discovered over the years, you can actually get a huge amount of personal benefit in terms of CPD and broader experience in exchange for a small amount of your time and effort.

Dumfries & Galloway Council for their support and not complaining about my frequent absences, to the members of the SEC, and finally to all the staff in Atholl Crescent (and to Craig in particular) for all their assistance, especially during such a transformational year. It is easy to forget that a year ago, the office relocation hadn’t taken place and Craig wasn’t yet in post. Given this, I’m pleased that our Annual Report for 2011 is contained as an insert to this edition of Scottishplanner. I commend it to you. And now I’ll leave you in the capable hands of Bob Reid, the Convenor for 2012.

David Suttie MRTPI Convenor, RTPI Scotland

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Scottishplanner : UPDATE

A New Approach to Resourcing Planning continued from the front cover shouldn’t be about supporting the economy at any cost, but about supporting the right development in the right place. She also said she was keen to hear about the practical measures that can be taken to engage with the communities who are affected by controversial development proposals and that she was convening an event which will explore this issue in more depth. She said that planners have an important role in these “difficult” developments in making fully informed and swift decisions, through meaningful engagement and transparency of process.

Performance A key theme of the Minister’s speech was the need to move on from debates about process to a focus on delivery and on improving performance. This would involve taking action to speed up planning decisions, whilst recognising that good planning performance is about more than speed. She said that this requires certainty of timescales and of process; the need for reliable advice; clarity in communication; and having the vision to support an “open for business” culture. To support this the Minister talked about the need to make sure that the profession is equipped with the skills, learning and confidence to make good decisions; that it is supported by strong managers and leaders with vision; and that it is properly resourced. The Minister also used the conference to announce two new publications. Green Infrastructure: design and placemaking, a guide which sets out key design considerations for incorporating green infrastructure into new developments. Rural design: future landscapes is a good practice guidance which recognises recent rural design work. She also stated that Scottish Government intend to launch a web page in the New Year to showcase exemplar designs across Scotland, starting with single houses in the countryside.

Sustainable Economic Growth The conference also heard from a range of speakers on how planning can support sustainable economic growth. Ian Manson, of Clyde Gateway Urban 04 www.rtpi.org.uk/scotland

Discussion at the RTPI Conference © image courtesy of RTPI Scotland.

Regeneration Company (URC), talked about the need to bring certainty for developers and investors and the URC’s role in providing connectivity and creating momentum to create a sustainable place. Neil McInroy, from the Centre for Local Economic Studies, discussed how to make resilient communities through using networks and mobilising local capital and assets, including people and communities. Stephen Tucker, Barton Willmore, asked if we need to rediscover planning by moving away from planning by numbers and focusing on place making. He thought we needed to learn the lessons from history and plan for the long term and plan ambitiously. There was then a session for delegates to discuss the challenges and opportunities facing planners at roundtable sessions. Issues raised included the need to overcome silo-based working, the gap between planning and delivery, how to balance long term approaches with flexibility and how best to finance development in different circumstances. The afternoon focused on opportunities and barriers to planners supporting sustainable economic growth. Richard Heggie of the Centre for Scottish Public Policy Cities Group talked about the need for leadership and collaboration between and within cities, especially to attract enterprise and investment. Karen Hamilton of Brodies then posed some challenging questions such as whether we needed to put in place a presumption in favour of sustainable development? Should Scottish Government ensure that a special regard is given to economic

development in planning, so as to encourage sustainable economic growth? Jenny Hogan of Scottish Renewables outlined the important role that planning could play in reaching the 2020 Energy targets and pointed out that National Planning Framework 2 and Scottish Planning Policy were written in the context of much less challenging targets for renewables.

Implications for Planning There was then a debate on the implications for the planning service featuring Jim Mackinnon, Scottish Government; Petra Biberbach, Planning Aid for Scotland; David Melhuish, Scottish Property Federation; and Alistair McDonald, Glasgow City Council. Following this came different perspectives on the future of the planning service. Robert Collier of Aberdeen Chamber of Commerce, said he thought that planning was crucial, that it was improving, and, that it had to work more to optimise economic growth. Alex Linkston, Commission on the Future of Public Service, outlined how the public sector had to change and work around new objectives of building services around people; achieving outcomes; prioritising prevention; and improving performance. And for the first time the event was covered live on Twitter #rtpiscotconf11. The conference was sponsored by Barton Willmore, Brodies LLP and Scottish Government. The presentations from the conference are online at www.rtpi.org.uk/scotland


Keeping the Customer Satisfied Oonagh Gil, Deputy Chief Reporter in the Directorate for Planning and Environmental Appeals, sets out the findings of their recent customer survey. Planning modernisation brought big changes to the way that appeals are handled and led to an overhaul of our business processes. Although we prepared for these changes and felt that, from introduction in August 2009, they went remarkably well we wanted to understand how our customers felt about our service and where we could improve.

appeals and two focus groups relating to hearings and inquiry procedures. Appellants, agents and planning authority staff who were involved with ‘new style’ appeals between August 2009 and October 2010 were invited to participate. Dundas and Wilson were appointed to assess the results of the questionnaire,

run the focus groups and produce a final report. This was published in the summer and can be downloaded from our web site at the link below. Overall the results of the survey were very pleasing, particularly given the extent of procedural changes that have been introduced. But they also provide an indication of where we can do better.

The Survey We commissioned a customer satisfaction survey which was carried out between October 2010 and March 2011. It took the form of an on-line questionnaire about written submission

Results

© image courtesy of Directorate for Planning and Environmental Appeals.

• Just over three quarters of planning authority respondents and just over two thirds of agents and appellants are very or fairly satisfied with the service provided for cases that are dealt with in writing, irrespective of the outcome of their appeal. • Our administrative staff are rated as first class with 95% of agents and appellants agreeing that they are good or very good at responding to queries within a reasonable timescale, treating parties with respect and being polite and courteous. • Over 80% of appellants and agents think the information they receive from us is good or very good at being easy to understand and being clear about what happens next. • More than three quarters of respondents agreed that during site inspections reporters are good or very good at ensuring that there is no discussion about a case, being well prepared and punctual, treating all parties with respect, thoroughly reviewing the site and being fair and impartial. There were, however, some concerns about the arrangements for and conduct of site inspections.

• Planning authority respondents were generally more satisfied with decision notices than agents and appellants. 73% of authority respondents and 64% of agents and appellants agreed that they are good or very good at clearly explaining the reason for the decision. Over 75% of all respondents agreed that decision notices are good or very good at using plain language. There were some concerns about whether there is always sufficient reasoning in decision notices and a suggestion that some are too concise. • Feedback from the focus groups suggests that DPEA could do better at explaining the criteria adopted when certain procedures are chosen by the reporter and in making this decision more transparent on a case by case basis. • There is some concern that where multiple procedures are used this can appear overly complex and may result in delay and make it difficult for parties to follow. • Some respondents felt that we could improve the use of electronic communication.

Next Steps Whilst we welcomed all the feedback we received and were pleased with most of it, we are aware that we can improve. We have already introduced a number of changes to the way we work and have responded to all of the issues highlighted in the final report in an action plan. We intend to review and update this plan at our bi-annual Stakeholders Forum. We hope to carry out a further survey in 2012 but always welcome constructive criticism and suggestions for service improvement. If you’d like to comment or seek further information please email dpea@scotland.gsi.gov.uk Link to DPEA customer satisfaction report and action plan: http://www.scotland.gov.uk/Topics/Built-Environment/planning/decisions-appeals/Appeals/DPEAImprovementPlans 05


DECEMBER 2011

Scottishplanner : UPDATE

Amsterdam Eastern Docklands Regeneration John Walls looks at planning in Amsterdam. Sjoerd Soeters, a Dutch Architect, gave an impressive talk to the students and staff of Strathclyde Department of Architecture and Design in December 2009. As a result I chose to visit the regeneration area during my holidays to see if it stood up to scrutiny.

Background In 1975 City council earmarked the semi-derelict Eastern Docklands, built in the late 19th century, for residential purposes to stabilise the declining population. High quality design was insisted on to attract upper income families. The Java Island project, led by Sjoerd Soeters, was one of eight regeneration areas within Amsterdam’s Eastern Docklands. The City had chosen independent urban designers for each project area to ensure variety. The former Royal Dutch Shipping Lines (KNSM) docklands at Java Island were a challenging prospect – a long narrow quay about 1.5 kilometres long and about 200 metres wide was littered with derelict cranes, warehouses and disused rail lines.

The development has been well landscaped totally eliminating any sense of the original dockland use.

Applying Lessons from the Past Sjoerd Soeters’ genius was to apply the principles of the old central Amsterdam Canal District in a modern idiom. The two key elements are: • the plot width dictated by the strength of beam – hence the traditional 5 metre frontages • the buildings’ ‘fenestration barcode’ which provide differentiation and diversity as well as unity In addition, he divided the width of the quay with little canals to break up the new development. These factors together provided a strong resonance to old Amsterdam. Soeters’ objective was to make people happy. He said “Happy people have children” and, importantly, spaces will be better used if there are families to enjoy them. Key to the vitality of the development would be informally supervised courtyards and spaces and little canals where people could have their little boats.

The Results Having visited the other project areas in the Eastern Docklands, I felt that Sjoerd Soeters had achieved an attractive diverse and unified urban development. Many of the other 06 www.rtpi.org.uk/scotland

Java Island, Amsterdam © image courtesy of John Walls.

project areas had contained large scale blocks of flats which while interesting architecturally, I’m not sure about the living environment. I welcomed Java Island’s legibility on the ground. It comprises five interlinked courtyard developments along the former quayside separated by canals. To the North there is a service road for traffic, through the centre there is an East-West spinal pedestrian path linking all the courtyards and beyond, and to the South, an access road for residents’ cars and delivery vehicles. This access road was edged by a promenade facing the mainland. The development has been well landscaped totally eliminating any sense of the original dockland use. The hollow squares provide shelter from any winds and an attractive walking environment. The canals have been filled with little boats suggesting that the residents enjoy their fun on the water. A number of houseboats along the promenade added additional character. A limited palate of good quality building materials has been used adding to the unity. Indeed, quality was reflected in all the details especially the wrought iron bridges. The landscaped courtyards, the canals with their boats and the wrought iron bridges all added to the vitality and character of the development. During the brief time I was there I saw many young mothers pushing their prams and children playing, including swimming in the harbour.

Conclusions I was impressed by the transformation of the derelict docklands. An attractive urban environment has been created by the use of good quality materials and attention to details. Importantly, the City has retained and attracted the middle class and families. Thus stabilising population and tax base - no small achievement. All credit to Sjoerd Soeters and his team. John Walls is Consultant with John Walls and Associates.


FOCUS ON CLIMATE CHANGE

A National Park’s Liquid Assets Gordon Watson, Director of Planning and Rural Development in Loch Lomond and The Trossachs National Park, outlines their approach to developing hydro power. If there is something that Loch Lomond and The Trossachs National Park is not short of, it’s water. With over twenty two large lochs and fifty rivers or large burns there’s a lot of the wet stuff. This is a key part of the rich recreation experience of the Park but it is also an under-realised economic and renewable energy resource. Water resource management is already a prominent part of the Park’s cultural heritage taking in the ornate Victorian engineering structures which comprise the Katrine system or Loch Sloy Hydro Power station which has capacity to generate 152 MW. In developing our renewable energy policies for the National Park, we have sought to explore how best to contribute to renewables targets without detracting from highly valued landscapes which also form the basis of the significant tourism economy of the area. Undoubtedly wind farms are very difficult to reconcile with protecting the scenic qualities of the Park. However, the water resource means that there is significant potential for small scale hydro which cumulatively could deliver significantly for the National Park area. While the National Park Local Plan strongly encourages hydro, it is inevitably criteria based in approach, highlighting the issues that must be thought through when planning for a project. We have therefore developed innovative supplementary guidance which seeks to direct developers to locations where viable schemes can be pursued. Using specialist GIS software to look at

Hydro energy catchment and designations interactions © Image courtesy of Loch Lomond and Trossachs National Park.

topography, we identified water courses with sufficient gradient to be capable of supporting run of the river schemes. This helped us to identify catchments capable of greater than 50 KW generation and where potential intake locations might be. Each catchment was appraised estimating the flow of water available and the head between the intake and the powerhouse location to get power generating potential. From this we have produced a map showing the power generating potential of each catchment. This has then been integrated with environmental and landscape designations to indicate where sensitive issues may have to be addressed. The outline assessment concludes that there could be a cumulative potential generating capacity of 73 MW in the Park. A recently approved pumping station at Sloy will also ensure it better realises its 150 MW annual capacity. Our handling of cases has also helped us develop significant expertise in advising on the sensitive implementation of hydro schemes. We have worked on four schemes which are now complete, two which are currently being constructed and we have sixteen at pre-application stage. Much of the impacts are to do with construction and keeping as light a footprint as possible, through careful construction of temporary access tracks, the working corridors for laying pipelines, siting and design of power houses or

ensuring that schemes involving sensitive features such as ancient woodlands are carefully handled. There can also be disruption to recreation interests. A multiple intake scheme currently under construction in Glen Falloch involves pipelines which cross the West Highland Way three times and temporary diversions have had to be agreed. A recently completed scheme in Glen Douglas in west Loch Lomond involved laying a pipe through a Special Area of Conservation designated woodland and through careful management of narrow working corridors and reinstatement this was achieved with excellent results. The potential of hydro energy is undoubtedly capturing imaginations in the National Park. Most of the large estates are pursuing schemes as valuable sources of income to help sustain other activities vital to the rural economy and environment. Community development trusts are also pursuing schemes. The wealth of experience we have gained in handling hydro schemes, means that we are able to provide confident planning advice and find solutions to most of the development impact issues which arise. We hope to publish our finalised SPG in the next couple of months to continue to encourage more schemes to come forward. There may be gold in the hills, but the Park’s future prosperity will also come from its liquid assets.

Draft SPG on renewables can be found at http://www.lochlomond trossachs.org/ planning/finalised-draft-local-plan/menu-id-614.html 07


DECEMBER 2011

Scottishplanner : FOCUS ON CLIMATE CHANGE

Renewables and Biodiversity Offsetting Andy Tharme, Andy Millar and Ian Aikman outline work being undertaken in Scottish Borders. Scottish Borders is a preferred area for onshore renewable developers owing to its wind resource and access to grid connections. To date 303 turbines have been consented in thirteen major schemes with a considerable number of new proposals in the planning process. To guide the developments, Scottish Borders Council has adopted Supplementary Planning Guidance (SPG) for wind energy (see http:// www.scotborders.gov.uk/directory_record/7432/biodiversity) including a spatial framework for wind farms identifying areas of significant constraint through to areas of minor constraint. These complex developments, located in upland areas with environmental sensitivities, have presented the planning authority with considerable challenges. One such challenge faced is how to deal with residual environmental impacts such as environmental displacements that require compensation under local policies for no-net loss of biodiversity linked to the Local Biodiversity Action Plan (LBAP). In 2006 the Environmental Impact Assessment for the Langhope rig wind farm, a medium sized scheme of 10 turbines submitted by SSE in the Central Southern Uplands, identified a collision risk and potential displacement of black grouse at a lek just outside the development boundary. To address this, the built and natural heritage team working with planning officers proposed a creative solution to deliver a compensation for residual impacts, a biodiversity offset by drawing up section 69 or section 75 agreements under existing planning legislation to deliver a package of compensatory measures for black grouse in core areas for the species in the region. This included native woodland creation and heather management to benefit black grouse and increase the resilience of upland habitats to climate change in the central Southern Uplands, linking with the emerging flood protection schemes for the towns of Selkirk, Galashiels and Hawick. This required a number of vital ingredients; a strong policy framework informed by the Council’s SPG for biodiversity and driven by an ecology officer identifying the need for on site or offsite compensatory measures, planning and legal officers who are willing to think out of the box in seeking to implement policy and legislation, developers who are receptive to a creative means of delivering mitigation and compensation and vitally a means of delivering the compensatory requirements through existing biodiversity implementation programmes delivered by the Council’s LBAP partners. This mechanism was tested at the public inquiry for the Langhope rig wind farm and the approach was supported by the Reporter (see http:// www.dpea.scotland.gov.uk/CaseDetails.aspx?id=qJ3796) Since the initial scheme was initiated in 2009, a further five schemes with £0.6m in developer contributions mostly as a result of wind farm developments, have been developed working with developers, Borders Forest Trust, Southern Upland 08 www.rtpi.org.uk/scotland

Habitat works: Gala Water, Borders © image courtesy Hugh Chalmers, Tweed Forum

Partnership, Tweed Forum and Game & Wildlife Conservation Trust, East Lothian Council and RSPB. The funding delivers habitat measures complimentary to the Scottish Rural Development Programme (SRDP) and helps target collaborative SRDP schemes across the landscape. This draws extra resources into the region, supports local businesses and environmental groups and delivers multiple benefits for biodiversity and climate change adaptation for the communities of Scottish Borders. One particular scheme, linked to the Dun Law extension wind farm has recently been completed in the catchments of the Gala water. The Council, working in partnership with the Tweed Forum and Scottish Power Renewables, delivered a package of natural flood management measures including scrapes, flood storage ponds and riparian woodland creation to slow the flow of water off the land in the upper and mid-catchment of the Gala water. This contributes to the emerging Gala water Flood Protection Scheme and may act as powerful demonstration to farmers and landowners in the catchment. The mechanism has helped bring biodiversity into the planning mainstream. It will continue to evolve and may play a key role in ensuring that compensatory planting will occur through the implementation of the Forestry Commission Scotland/Scottish Government control of woodland removal policy http://www.forestry.gov.uk/woodlandremoval . This has been informed by the Borders biodiversity offset schemes. There is growing UK and Scottish Government interest in the delivery of biodiversity offsets to compensate for biodiversity loss through development but also to improve the efficiency of the planning process. Andy Tharme is an Ecology Officer; Andy Millar, Built and Natural Heritage Manager; and Ian Aikman, Major applications Review and Enforcement Manager in Scottish Borders Council.


Climate Change or Climate Strange? Amanda Wetzel and Ailsa Collin from Halcrow outline their thoughts on an integrated planning system maximising benefits for climate change. Regardless of whether or not you believe the science behind climate change, there is no denying that recent natural disasters, particularly flooding, have had a significant impact on the quality of people’s lives and the pockets of increasingly limited public monies. Equally, the growing international momentum that encourages a more compact urban form and better integrates sustainable building technologies has demonstrable benefits to human and environmental health. To this end, planning for climate change is completely in tune with wider policy ambitions to improve the quality of people’s lives. The planning system plays a critical role in shaping the urban form, from defining settlement strategies at the national and regional level to establishing and enforcing specific design and development principles at the local level. The cumulative impacts of these decisions can go a long way towards contributing to healthier lifestyles and more sustainable development patterns. So, how can we get the most out of planning for climate change? We clearly need to determine how best to adapt our existing urban form and safeguard future developments against the symptoms of climate change. This includes major projects like the White Cart Flood Defence Scheme in Glasgow, as well as a better understanding of the likely future changes to flood risk more generally. However, perhaps the most challenging aspect of planning for climate change is the opportunity to prioritise interventions that mitigate its contributory factors. These will include finding less-polluting and renewable sources of energy and reducing people’s reliance on cars. Planning and design approaches, such as Smart Growth, can serve as important guides for establishing

more liveable, walkable places. Stirling is The Central committed Scotland Green to tackling Network (CSGN) climate change © was identified as image courtesy one of fourteen Halcrow. National Developments in the Second National Planning Framework (NPF2). It is defined as “A strategic network of woodland and other habitats, active travel routes, greenspace links, watercourses and waterways, providing an enhanced setting for development and other land uses and improved opportunities for outdoor recreation and cultural activity.”

A number of physical elements covered by this initiative are required to mitigate and adapt to climate change, including woodland expansion; high quality landscape structure to support settlement strategies; strategic active travel routes; strategic habitat networks; restoration of vacant and derelict land; and the integration of woodland, habitat, greenspace and access development with water catchment and coastal zone management. Given the range of skills, regulatory systems and geographic scope involved, this will require a vast partnership network to deliver; at the same time, the CSGN is ultimately seen as a matter for the planning system. Much of the work undertaken will ultimately be expressed through Local Development Plans and assessed and enforced through the development management process. Planners will be asked to lead the way in ensuring that the CSGN projects delivered on the ground align with the national vision and ambitions to achieve multiple positive benefits for communities. At the same time, the planning system cannot respond to the

entire scope of what will be required to deliver a fully functioning green network. Earlier this year, Stirling Community Planning Partnership, with funding from Scottish Natural Heritage, took a commendable approach towards integrating the national CSGN vision and ambitions into their strategic policy framework, including their Local Development Plan. Halcrow was commissioned to assist in the consideration of the compatibility of Community Planning Partners’ strategies and projects to establish an action plan for streamlining existing resources. This involved identifying Stirling’s vision for the CSGN and defining relevant priorities for delivering sustainable development by drawing on the strengths of the local environment and communities. This approach could prove beneficial to all local authorities as it makes the critical links between shaping the urban form and motivating others who can contribute to sustainable development. Planning for climate change goes beyond considering the impacts of future natural disasters. If approached proactively, it can deliver far wider benefits to our economies, communities and environment. However, in order to do this, we must recognise the strengths and limitations of the planning system and establish more integrated working relationships across a range of professions. To learn more please contact wetzela@halcrow.com or collinai@halcrow.com

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DECEMBER 2011

Scottishplanner : FOCUS ON CLIMATE CHANGE

A New Approach to Reducing Carbon Emissio Maggie Bochel outlines the thoughts of the Trinity Group

Consumers are not willing at present to incur a premium for low carbon living or ‘bolt on renewables’ which currently offer little in the way of payback, may prove difficult to understand and operate or are untried with regard to long term performance and maintenance.

Cost

Can this new approach deliver in more effective approaches to reducing carbon emissions in housing? © image courtesy Aberdeen City Council.

The Trinity Group is a high level panel launched in Aberdeen to provide a forum for North East public and private sector leaders to help facilitate the delivery of development in and around the city in a changing financial climate. Delegates on the panel include the Head of Planning and Sustainable Development, the Enterprise, Planning and Infrastructure Committee Convenor and Vice Convenor from the City Council; representatives of Aberdeen City and Shire Economic Future (ACSEF); senior council officials; RBS; Lloyds Banking Group; senior planning lawyers; planning consultants; engineers; surveyors; and developers from businesses including Stewart Milne Group, Scotia, Bancon, CALA and GSS Developments. The aim of the Group is to increase understanding and sharing of best practice between the public and private sectors, identify delivery mechanisms and provide a unified voice to central and devolved government on development matters. One example of 10 www.rtpi.org.uk/scotland

the latter is the submission by the Group to the Scottish Government in relation to carbon reduction requirements on home building and commercial development, their potential costs, benefits and effects on the viability of development. The Trinity Group members are fully supportive of the sustainability agenda, particularly the need to reduce energy consumption together with controlling or further limiting further growth in carbon emissions, which clearly are major contributors to climate change. That said, for the reasons outlined below, the Group believes that Scottish Government policy in these areas needs to be reviewed, and the viability and impact upon development and the wider economy considered prior to implementation of any proposed changes. Given the current economic climate these changes are considered necessary to ensure barriers are not put in place of economic growth, security and future of development projects.

In response to constant improvements in building standards the house building industry has led the way in CO2 emission reductions with their product range. In research by the Scottish Government Comparison of the level of CO2 emissions from buildings built in 1990 and 2008 BRE confirmed that average CO2 emissions from new dwellings were 61% less in 2008 than was the case in 1990. Amendments to the building standards to ensure an additional 30% reduction on the 2007 regulations has secured a further improvement on very significant reductions. The improvement to the current building standards to achieve a 30% reduction on 2007 standards was introduced in 2010, at a time when additional costs to the construction of housing was very difficult for developers to sustain. Purchase prices were, and continue to be, under severe pressure and any increase in purchase price to cover theses costs was unsustainable. Indications prior to the introduction of the revised standards suggested an increase of £3000 £8000 onto the build cost for each and every new build home – affordable housing included.


ns in Housing and Commercial Development? Figures from actual events confirm that the original estimates have been accurate. The additional costs are stretching the viability of development at the present levels. The reduction in CO2 emissions required can generally be achieved through improvements/enhancements to the fabric of the proposed building and cost is as stated. However, if part of this reduction is required to be met through low or nil carbon technologies as specified by the Climate Change Act, the cost is significantly more. Trinity Group members have expressed concern not only over the cost of these technologies but also their availability, performance and benefit over and above what can be achieved through fabric improvements.

Lifecycle Costs and Benefits Research carried out for the Scottish Government by Davis Langdon in 2008 Assessing the costs of proposed changes to domestic energy standards in 2010 analyses the lifecycle cost implications of various CO2 improvement scenarios. The analysis identified that the payback period for energy reduction in all of the scenarios exceeded the accepted maintenance frequencies and component replacement cycles by some considerable margin. The Trinity Group therefore question the suitability and sustainability of this policy.

Consumers are not willing at present to incur a premium for low carbon living or ‘bolt on renewables’ which currently offer little in the way of payback, may prove difficult to understand and operate or are untried with regard to long term performance and maintenance. With recent tightening in property valuations for mortgage lenders and no benefits for new build premiums or additional value added for energy saving equipment there is no mechanism for the additional costs to be recovered. This will inevitably lead to a further reduction in house building at a time when we need constraints to be loosened not tightened. The Group are also concerned that, in the present economic climate, the current standards are stretching development viability to the limit. If the improvements to CO2 emissions are required to follow the suggestions of The Sullivan Report, then there is concern that the technology is neither available, suitable or affordable to meet these requirements. The suggested improvements of a further 30% and 70% in 2013 and 2016 will require the use of expensive bolt on technology with high installation, maintenance and replacement costs which rely increasingly on feed in tariffs to reduce their cost. The bolt on solutions required to achieve

Council Housing in Aberdeen. © image Courtesy of Norman Adams, Aberdeen City Council.

higher carbon reduction rates such as those proposed could increase build costs by £25,000 - £30,000 which render development unviable. Given the proposed timescales (2013) the short time frame to assess and implement this technology is not practical or deliverable in the current environment. This will further dilute the availability of housing in Scotland with the wider implications this will bring to the economy.

Existing Stock Given the low number of new build properties as a proportion of the current housing stock we would consider that a more effective way of reducing carbon emissions and energy usage would be to target improvements to the existing stock. As shown in Scottish Government’s research, current proposals require the new build industry to incur very high costs to achieve marginal improvements and reductions to existing high standards. In the opinion of the Trinity Group, improvements to the existing housing stock could achieve a far more effective reduction in overall energy usage and carbon reduction than increasing the targets for new build properties.

Proposal The Trinity Group has proposed that the regulations and standards of CO2 emission reduction for new build industry are not revised upwards from the current standards. By way of an alternative there would be merit in exploring a mechanism where the house builder could contribute towards an Energy Fund for the improvement of existing stock in the immediate area where more efficient and effective reductions in carbon emissions can be achieved and arguably reducing carbon emissions for a lower investment. This would appear to offer a practical solution to delivering development in a changing financial climate in a more efficient, effect and deliverable way to achieve the Scottish Government’s laudable aims.

11


DECEMBER 2011

Scottishplanner : FOCUS ON CLIMATE CHANGE

A Green Light for the Planning System? Sarah Baillie discusses the potential impact of the climate change duties imposed on planning authorities in Scotland. Planning authorities are considered to be major players in contributing to tackling climate change. The Town and Country Planning (Scotland) Act 1997, was amended by the Planning etc. (Scotland) Act 2006 to provide that planning authorities must exercise their development plan functions with the objective of contributing to sustainable development and latterly by the Climate Change (Scotland) Act 2009 making it mandatory that “Merton Rule” policies are contained in development plans. However, on 1 January 2011, the Climate Change (Scotland) Act 2009 placed significant new obligations on public bodies, including planning authorities, by introducing “climate change” statutory duties in the exercise of their functions.

Mitigation - Reducing Greenhouse Gas Emissions Firstly, in exercising their functions, planning authorities must act in the way best calculated to contribute to delivery of the Act's greenhouse gas emissions reduction targets (referred to as mitigation). The Act has set an interim target of a 42% reduction in greenhouse gas emissions by 2020 and an 80% reduction in greenhouse gas emissions by 2050.

Adaptation - Adapting To the Changing Climate Secondly, in exercising their functions, planning authorities must act in the way best calculated to deliver any statutory adaptation programme. Although the first statutory adaptation programme is not expected until 2013, public bodies are advised to consider their approach to adaptation now.

12 www.rtpi.org.uk/scotland

Acting Sustainably Sustainable Development as a Core Value Thirdly, in exercising their functions, planning authorities must act in a way they consider most sustainable. It is suggested that this is about ensuring that in reaching properly balanced decisions, the full range of social, economic and environmental aspects are fully taken into account alongside the impact on greenhouse gas emissions and that these aspects are viewed over the short and long term.

What does this mean in practical terms for planning authorities? Whilst the interpretation of the climate change duties is for planning authorities themselves, and ultimately for the courts to decide, should a challenge that a planning authority is not compliant be brought before them, the Scottish Government suggests that when it comes to considering what "exercising functions" covers, a broad approach should be taken and this is not restricted simply to direct impact. On this basis, planning authorities have to play a key role through the way they exercise their development plan and decision making functions. In order to fulfil statutory duties, development plans may have to adopt more explicit policies supporting and not unreasonably restricting renewable and low carbon energy developments. Low carbon policies may have to be at the forefront of development management criteria, for example, in assessing sites in the first instance the following factors may have to be considered the service to a development by a

© image courtesy of Semple Fraser LLP

decentralised energy supply; the potential of the development to contribute to heat demand; the scope for sustainable and low carbon transport; and whether the development of the site is appropriate having regard to increases in risk resulting from climate change such as sea level rises, flooding and extreme weather. If a development or site performs badly against the foregoing, planning permission may be refused or a site may not be allocated. Planning authorities may also need to equip themselves to be able to demonstrate how sustainability has been fully integrated into their decision-making processes, for example by devising procedures for sustainability proofing or assessing the sustainability of policy decisions and strategies. Until tested in the Scottish Courts, the level of response needed to comply with the Climate Change (Scotland) Act 2009 is a matter for each planning authority to consider and justify for themselves. They are particularly well placed to make use of the planning system to contribute to their indirect targets. Financial incentives to entice the transition to a low carbon economy that are now clearly backed by a statutory framework is a coherent move to try to ensure that any new and existing land use and development is future proofed and fully contributes to tackling climate change. Sarah Baillie MRTPI is an Associate Planning Lawyer at Commercial Law Firm Semple Fraser LLP. She can be contacted on sarah.baillie@semplefraser.co.uk.


Design and Climate Change David Thompson, Lead Officer for Urban Design at Fife Council and with DPT Urban Design, discusses. Climate change is an easy subject in which to engage given its breadth, but how well do we understand and appreciate the required actions in planning and design terms to address its new status as the main driver and shaper of new development? First consider the output of the planning system: development of some nature. Then consider the broadest role of the planning system in addressing climate change: spatial strategies. Now consider the broad function of a spatial strategy: informing ‘location’ and ‘form’ of new development. So far so clear. A recent report identified the amount of Green House Gases (GHG’s)/carbon produced by a development can vary dramatically depending on the design approach. This poses the question when does the design approach for a spatial strategy, setting out location and form, become certain enough to be meaningful and accurate? Lets start at the top. The National Planning Framework, has broad ‘locational’ strategies to reduce GHG’s but no ‘form’. Next, our tier of Strategic Development Plans start to bring shape to the future planning of our settlements but still contain no development ‘form’. Our Local Development Plans bring definitive boundaries to all development proposals but provide little or no definition of ‘form’ apart from more detailed wording relating to an allocation. Our planning system’s fourth tier of Supplementary Planning Guidance can be used to identify and secure ‘form’. This last tier of planning is considered to be the earliest opportunity to make an accurate assessment of a proposed spatial strategy’s GHG emissions so much will depend on the exact level of ‘form’ detail. This perhaps identifies that if we are to use the planning system’s outputs to address climate change then much more certainly should be brought to development ‘form’ far earlier in the overall planning process, also defining the minimum parameters for ‘form’ at each planning tier/scale. The hints are already there within Scottish Planning Policy, paragraph sixteen to be precise. The infrastructure to support our future developments and address climate change through the creation of low-and-zero-carbon communities should be addressed with Development Plans. Can this infrastructure be properly planned, costed and financed without understanding development ‘form’? What questions will future Strategic Development Plans and Local Development Plans set out to ensure future development submissions address form to support decarbonisation? By answering these broad questions, or perhaps adding more, we could start to ensure a better understanding of the

complex relationships of development form and location and the appropriate scale in which to address them. Answers are coming. The Scottish Sustainable Communities Initiative is currently exploring how we better integrate and understand a further input to spatial strategies: people. The outputs of the pilot charrette projects in Aberdeen, Dumfries and Lochgelly are spatial strategies that are design-led and form based approaches to planning. The charrette mainstreaming programme is now underway and has an opportunity to further examine this approach in Johnstone, Callender and Girvan. Larger scale, design-led planning that properly considers ‘form’ at higher planning tiers could be the basis of more accurate spatial strategies, to create more certainty and follow on investment. The 2020 Routemap for Renewable Energy in Scotland says Ministers are considering whether there is a need for new planning advice. Given this 2020 timescale, new advice is urgent along with mainstreaming new practice, if we are to collectively produce the developments that are required to have the equivalent of 100% electricity from renewables. A fuller understanding of the processes that enable location and form to create meaningful spatial strategies whilst enabling people to influence the shape of their settlements is warranted. Scotland’s urban areas make up only 1.8% of it’s land area so location aspects of development should be more easy to define at very earliest stages of the planning process. The question is how we mainstream form-based settlement planning now we understand this is what truly engages the residents of a settlement and addresses climate change. The opinions expressed in this article are the authors and do not necessarily represent the views of his employers. 13


DECEMBER 2011

Scottishplanner : SCOTTISH GOVERNMENT NEWS

Towards Proportionality in Environmental Impact Assessment

On 27th October the Government’s Environmental Assessment Team, in collaboration with SNH, SEPA and Historic Scotland, came together with planning authorities for the first ever EIA ‘Current Practice Event’. The event combined plenary speakers with hands-on, practical workshops, aimed at identifying and sharing current practice in EIA. Clarifying EIA Procedure Until recently, much of the Scottish Government’s policy work on EIA has focused on procedure. Updated and newly consolidated EIA Regulations came into force in June, accompanied by new Circular 3/2011 (itself replacing two previous EIA Circulars and an Addendum). However, now that these changes are in place, we can look to develop continuous improvement in EIA practice, as a means of achieving more efficient and effective EIA.

What is efficient and effective EIA? The existing legal framework is derived from an EC Directive, and compliance is essential. However, Ministers are also clear that EIA must be taken forward in a proportionate way, to maximise its value to prospective developers and decision makers. This focus on simplicity and clarity should apply right across the range of environmental assessments.

Practical tools for EIA screening The Current Practice Event’s workshop on screening wind 14 www.rtpi.org.uk/scotland

turbine proposals proved particularly popular. Authorities piloted and discussed a shortened version of the Government’s screening checklist, adapted specifically to reflect the specific characteristics of these proposals. We are also in early discussions with wind industry representatives to explore the idea of a screening request template. This could guide applicants on the information which authorities require for more effective EIA screening.

Review of EIA Planning Advice Note The Event also marked the beginnings of the Government’s review of Planning Advice Note (PAN) 58. Delegates were invited to comment on those aspects of the current PAN they found useful, as well as any topics they would like to see covered in future. EIA stakeholders are also invited to get in touch with any EIA case studies highlighting examples of particular working practices, which they feel contribute towards more efficient and effective EIA. Contact cara.davidson@scotland.gsi.gov.uk for more information or go to www.scotland.gov.uk/planning and select ‘Environmental Assessment’.


LOCAL REVIEW BODIES – WORK OF THE LRB FORUM ON DEVELOPING GOOD PRACTICE GUIDANCE FOR PLANNING AUTHORITIES. Local Review Bodies (LRBs) were first introduced in 2009 and are becoming an established part of the planning system, with planning authorities gaining experience in the new procedures involved. In general, the system seems to be functioning fairly smoothly. There are, however, a number of areas where concerns have been expressed or clarification of the legislation and guidance sought; as would be anticipated with any new system or procedure.

Following the introduction of local reviews, the Scottish Government set up the LRB Forum as a group where planning authorities and others could discuss their experiences of LRBs and consider issues and situations that they have encountered. A number of areas have been identified through the Forum, feedback from applicants and other stakeholders and the Scottish Government’s one year review of

the planning reforms, where good practice guidance may be beneficial to planning authorities. In order to address these, the Forum established a working group to consider the issues and produce a set of guidance notes. The guidance notes would be primarily for planning authorities but would also assist other parties to understand the LRB process and the various roles and responsibilities of LRB members and advisors.

The working group, comprising Forum members representing planning authorities, planning consultants, legal practitioners and the Administrative Justice and Tribunals Council, met several times over the last couple of months to consider these matters. The group is due to present its recommendations and draft good practice guidance to the Forum at its next meeting towards the end of November. If the forum agrees we intend to publish the guidance notes early next year. The guidance notes will cover such topics as the role of the LRB Chair, the planning advisor and the legal advisor, procedures for site visits and the content of decision notices. More information will be included in a future edition of Scottishplanner.

GOVERNMENT NEWS Scottish Ministers have been engaged in a series of events aimed at supporting planners, developers and communities in their interaction with the planning system. In her speech to the RTPI Scotland conference on World Planning Day, Aileen Campbell MSP, Minister for Local Government and Planning, announced that there will be a consultation on a new fee structure in early 2012 (see front page). The Minister also launched two documents focused on delivering quality development -Green Infrastructure: design and placemaking and Rural design: future landscapes. Following on from the conference, the Minister brought together communities, developers and planners to investigate some of the issues around community engagement in controversial planning proposals. The Minister spoke at the Government’s conference Moving Forward with Compulsory Purchase in October where around 200 delegates came together to exchange ideas about how the use of compulsory purchase could be facilitated. She also launched revised guidance to acquiring authorities and an easy read guide aimed at those affected by compulsory purchase. Both Aileen Campbell and John Swinney hosted a Planning and Economic Growth Summit in October. It provided an opportunity for the public and private sector to come together to identify

specific actions, ensuring they work together to deliver economic growth for Scotland. The latest Local Review Body Forum discussed the findings of a short-life working group set up to consider key issues raised at previous forums. This discussion included the working group’s findings, recommendations, proposed draft guidance on topics such as the role of the LRB Chair, the role of planning and legal advisors, procedures for site visits and the content of decision notices. The Government is in the process of reviewing core guidance on SEA (the SEA toolkit), drawing on the collective experience of the SEA community. Many SEA Forum members have been involved in review panels, examining different chapters of the toolkit in detail. The November Forum discussed findings of the review to date and identified key priorities for revised guidance. Editing work can now begin, with a view to reporting on a draft revised version at the next forum in May 2012. Finally, the Government published the Feasibility Report into Quantitative Greenhouse Gas assessment: A tool for Spatial Planning Policy Development in February 2011. Since then work has continued to develop the tool. For further details contact Simon Bonsall: simon.bonsall@scotland.gsi.gov.uk

15


DECEMBER 2011

Scottishplanner : NEWS

Scottish Young Planners Page

Views from Abroad Young Planner Grant Byars, Associate at BDP, is interviewed by Andrew Sim of the Scottish Young Planner Network Steering Group on his new appointment in the Middle East. Firstly congratulations on your appointment please summarise your new role. I have been appointed as Associate within BDP’s Middle East and North Africa Urbanism Team, tasked with growing the business across the Gulf Region. We have had some recent successes in the State of Kuwait in particular, including our appointment to provide a Local Plan for the district of Salmiya, which is my immediate focus. This forms part of a $100bn, five year investment programme. I am also assisting the development of an Area Action Plan for the prime retailing location in Kuwait, Salem Al Mubarak Street. Similar to the UK, it is starting to suffer competition from major out of town shopping malls and a lack of public investment in recent years. The strategy is therefore to reinvigorate the street by identifying four character zones offering a unique but related experience; retailing, leisure, education and business. BDP is a multi-disciplinary company, how do you ensure that town planning maintains profile. BDP's organisation recognises and promotes urban planning within the urbanism team. It is considered a key discipline which can assist the wider business; major strategic planning

I strongly feel that planners can provide the independent view on the merits of development. With skills across many disciplines we can provide a more strategic view that perhaps blinds others with a vested interest.

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projects are often the first venture into new markets and regions which build the company's reputation and relationships with key clients.. As in everything, your abilities and successes are the best way to ensure the urban planning disciple is recognised as an asset to the wider company. Does a negative perception of planning exist within your new region and how do you intend to manage projects or growth accordingly. Urban planning in Kuwait is a major governmental function which is supported by the Emir and House or Parliament. However, there is no development management like the UK. All districts are prescribed a varying Building Code which dictates land use, building height and plot density and through an administrative procedure similar to Building Control, new developments are checked for compliance at design and post construction stage. This leads to some 'interesting' developments, but does allow the Planning Department to concentrate on strategic planning issues. Twelve new towns totalling 1.8m people are planned. This focus on strategic planning over development management removes much of the negative public image of planning as being a bureaucratic, cumbersome process and elevates it to a position of real authority which is well regarded by people. The Scottish Government are emphasising that planning decisions be taken in favour of securing "sustainable economic development". Do you notice similar priorities within your new region and in reflecting on home do think young planners are sufficiently empowered to encourage growth?

Grant Byars. © Image courtesy of Grant Byars

The short to medium term priority for most of the Gulf region, and Kuwait in particular, is to diversify economically from their current dependency on oil exports (90% of Kuwait’s GDP). However, the population is expected to almost double (3.5m to 6.7m) by 2030 and there is a real danger that unsustainable decisions are being, and will continue to be, made favouring growth and the pursuit of economic diversification over all else. It is positive to see major support for key initiatives like the introduction of the Metro and a potential heavy rail route to the more rural new towns being planned. I strongly feel that planners can provide the independent view on the merits of development. With skills across many disciplines we can provide a more strategic view that perhaps blinds others with a vested interest. The profession’s ability to make those decisions of course needs support by senior management and, where appropriate, elected officials. I still believe, and this has been strengthened by my recent experiences in Kuwait, that the new planning system is too process orientated when we should be focussing on the product. Ticking a box for public consultation will not automatically deliver the conservation areas of tomorrow. Grant Byars is a graduate of Dundee University and former employee of Kier Homes, RPS and Halcrow.

STOP PRESS! Scottish Young Planners Nikola Miller and Monica Lennon have been shortlisted for Young Planner of the Year 2011. Voting takes place throughout December – see www.rtpi.org.uk for details.


RTPI Scotland Update PUBLICATIONS All are available at www.rtpi.org.uk/scotland Creating Great Places in Difficult Times

RTPI Scotland series of Briefing Papers discussing value and vision; delivery and resources; and skills and knowledge. Scottish Government Regeneration Strategy Briefing Paper for MSPs for the debate on the Regeneration Strategy in Parliament emphasising planning's role in supporting regeneration. Scottish Social Housing Charter Response to Scottish Government on its Scottish Social Housing Charter. Managing the Historic Environment Response to the Historic Scotland consultation on Managing the Historic Environment: Works to Scheduled Ancient Monuments. Importance of Architecture and Place Making Briefing Paper for MSPs for the Scottish Government-led debate in the Scottish Parliament on The Importance of Architecture and Place Making to the Economy of Scotland. Scottish Budget and Spending Review Evidence to the Scottish Parliament's Local Government and Regeneration Committee on the Scottish Government's Spending Review and draft budget for 2012/13. MEDIA AND COMMUNICATIONS Resourcing Planning RTPI Scotland responded to the announcement on a review of planning fees. http://www.rtpi.org.uk/item/4912/23/5/3 Planning and Enterprise Areas A press release was issued on the RTPI Scotland report on Planning and Enterprise Areas. Householder Permitted Development Rights RTPI Scotland has welcomed the new householder permitted development rights regulations laid before Parliament. http://www.rtpi.org.uk/item/4859/23/5/3

PUBLIC AFFAIRS On 2 November David Suttie (Convenor, RTPI Scotland) and Craig McLaren (National Director, RTPI Scotland) met with Fergus Ewing MSP, Minister for Enterprise, Energy and Tourism. Other key meetings include: • Asset Skills Higher and Further Education Forum • RTPI Scotland Convenor’s Colloquium discussion dinner on Delivering Great Places in Difficult Times – Skills and Knowledge • Cross Party Group on Architecture and the Built Environment event on Community Engagement in Planning – Is it working? • Scottish Government Community Engagement roundtable event • Heads of Planning Scotland Management and Development Sub Committee • Scottish Planning Consultants Forum • Planning Aid for Scotland Parliamentary Reception • Scottish Renewables Planning and Renewables Conference (supported by RTPI Scotland) • Scottish Government Community Empowerment and Renewal Bill discussion group • Built Environment Forum Scotland awayday • Scottish Property Federation Chairman’s Reception • Scottish Government Heads of Planning event • Scottish Government regarding the Cities Strategy • SNH Visualisation of Windfarms Good Practice Guide workshop • Sir Patrick Geddes Monument group • Chair, Key Agencies Group • Built Environment Forum Scotland Board Meeting

• Chair, Heads of Planning Scotland • Board Members, Planning Democracy • Planning Interchange event – Development Economics • Scottish Enterprise workshop on Low Carbon Infrastructure • Heriot Watt University Careers workshop • RTPI Scotland Convenor’s Colloquium discussion dinner on Delivering Great Places in Difficult Times – Delivery and Resources • Scottish Government Conference on Compulsory Purchase (Co-hosted by RTPI Scotland) FORTHCOMING EVENTS RTPI Scotland events include: 1 Feb: Cross Party Group on Architecture and the Built Environment, Parliamentary Reception, Edinburgh 3 Feb: Planning Interchange: Community Engagement and Development Plans, Glasgow Feb: Breakfast Masterclass: Development Management, Edinburgh Feb: Breakfast Masterclass: Development Management, Glasgow 20 Mar: Scottish Young Planners Conference: Delivering Development, Glasgow 28 Mar: Cross Party Group on Architecture and the Built Environment: Low Carbon Economy, Edinburgh 23 May: Cross Party Group on Architecture and the Built Environment: Design Value, Edinburgh May: Planning Interchange: Development Economics, Aberdeen Full details will be posted at www.rtpi.org.uk/scotland DEATHS AND NOTICES The Institute regrets to announce the death of RTPI Retired Member Mr D E B Sutton of Leven, Fife.

SIR PATRICK GEDDES MONUMENT A monument celebrating the life and work of Geddes is planned for the Old Town of Edinburgh. The site is within the existing Patrick Geddes Garden near the Outlook Tower and Ramsay Garden. Financial support is requested from members of the RTPI. Details of the project including an art work can be obtained from ianappleton@appleforth.co.uk

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DECEMBER 2011

Scottishplanner

Policy briefing

PUBLICATIONS then provides some examples on how to create short but smart design guides, followed by two practical projects which have been carried out. (9/11/11)

SCOTTISH PARLIAMENT PUBLICATIONS

■ Green Infrastructure: Design and Placemaking Builds on Designing Places and Designing Streets to give practical tips on incorporating green infrastructure in masterplans, Part 1 explains what green infrastructure is, and Part 2 focuses on masterplanning. (8/11/11)

These are written by research specialists in the Scottish Parliament Information Centre (SPICe). SPICe research briefings are for use by MSPs in support of parliamentary business in Committees and the Chamber, and are always impartial. Briefings can be browsed either by subject or by date of publication.

■ Scottish Government's View that Restrictions on the Occupancy of new Housing are Rarely Appropriate and so Should Generally be Avoided. Letter from the Chief Planner advising Heads of Planning. (8/11/11)

■ A Study into the Recovery of Heat from Power Generation in Scotland Examines the technical and financial prospects from four sites, then explores policies that could help make recovery of heat a more practical option. (4/11/11)

■ Cross Sector Supported Accommodation Working Group Final Report and Recommendations Addresses homelessness issues, especially among the young. (10/11/11)

■ Scottish Government Stakeholder Survey 2010 Findings identify strengths and weaknesses in SG's approach to stakeholder engagement, and assess stakeholder views and knowledge of the Government's Purpose and National Outcomes.(15/10/11)

■ SB 11-75 Public Finance: A Glossary of Terms Produced for new members of the Finance Committee, and MSPs generally wishing to familiarise themselves with commonly used public finance terminology. It outlines the main terminology and acronyms used to describe public finance in Scotland. It is divided into sections covering general terms and local government. It also includes a list of abbreviations. (13/10/11)

SCOTTISH GOVERNMENT PUBLICATIONS ■ Scottish Planning Series: Planning Circular 5 2011: Disposal of Surplus Government Land - The Crichel Down Rules Sets out the revised non-statutory arrangements (known as the ‘Crichel Down Rules’) under which surplus Government land which was acquired by or under a threat of compulsion should be offered back to former owners and their successors. (13/10/11)

■ UK Influenza Pandemic Preparedness Strategy 2011 Describes an updated, UKwide strategic approach to planning for and responding to the demands of an influenza pandemic. Takes account of experience gained and lessons learned in the 2009 influenza pandemic along with the latest scientific evidence. (10/11/11) ■ Rural Design Future Landscapes: Guides and Projects This document begins by setting the context for rural design issues,

■ Scottish Social Attitudes Survey 2010: Core Module - Attitudes to Government, the Economy and Public Services in Scotland Explores how attitudes have changed in the last decade, and presents findings from some new questions on attitudes to local service delivery and responsiveness. (15/10/11) ■ Policy Statement - Zero Waste Regulations (14/10/11)

SPICe Briefings

■ SB 11-74 Guide to the Scottish Budget – Subject Profile Describes the principles and processes underpinning the Scottish Budget. It considers how well the Scottish Budget process measures up to budget scrutiny best practice, and outlines some of the important budgetary issues that might develop over the course of this Parliament. (11/10/11)

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

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 http://www.scotland.gov.uk/Consultation s/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 website - ideally no less than 14 days prior to the end of the consultation period. The Institute’s Scottish responses can be found at http://www.rtpi.org.uk/item/760/23/5/3.

CONSULTATIONS FROM THE SCOTTISH GOVERNMENT AND OTHER PUBLIC BODIES ■ Property Factors (Scotland) Act 2011: Consultation on Draft Statutory Code of Conduct for Property and Land managers Introduces statutory regulation, including establishment of a compulsory register of property factors and creation of a new statutory dispute resolution mechanism for homeowners. (16/12/11) ■ Delivering Scotland’s River Basin Management Plans: An Integrated

18 www.rtpi.org.uk/scotland

Approach to the Protection of Shellfish Growing Waters Proposes new designations of shellfish waters and sets out proposals for continued protection. (27/12/11) ■ Council Tax on Long-Term Empty Properties and the Housing Support Grant Scottish Government proposes to allow Councils discretion to increase Council Tax charges for homes that are left empty for longer than six months, in order to encourage owners to make their homes available for rent or sale. (10/1/12) ■ Scottish Consultation on the Fifth Quinquennial Review of Schedules 5 and 8 of the Wildlife and Countryside Act 1981* Proposed changes in special protection for animals (Sch 5) and plants (Sch 8). (11/1/12) ■ Land Reform (Scotland) Act 2003: Consultation on Draft Order to Permit Temporary Closures of Core Paths (11/1/12) ■ Renewable Energy – The Renewables Obligation (Scotland) Order 2011 – Consultation on Review of ROC Bands Seeks views on changes to the current support levels available for renewable electricity generation under Scotland's Renewables Obligation mechanism. (13/1/12)

■ Section 63: Energy Performance of Existing Non Domestic Buildings: Climate Change (Scotland) Act 2009 This consultation is on proposals for regulation and guidance. (20/1/12) ■ Energy Performance of Buildings Directive Recast The European Parliament and council have agreed to a revision of the Directive (referred to as a ‘Recast’) to extend its scope, strengthen certain provisions, and clarify other aspects. (20/1/12) ■ Historic Scotland Strategy for Protection, Management and Promotion of Marine Heritage 2011-16 Sets out priorities for Historic Scotland in relation to the implementation of responsibilities on behalf of Scottish Ministers under the Marine (Scotland) Act 2010. (27/1/12) ■ Guidelines for the Selection, Designation and Management of Historic Marine Protected Areas Invites views on operational guidelines for selection, designation and management of HMPAs under the Marine (Scotland) Act 2010. (27/1/12) ■ Rail 2014 Consultation Considers issues affecting rail passenger services in Scotland, including rail fares, improved reliability, and rail facilities. (20/2/12)


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! ■ Annual Environmental Performance Report: The Scottish Government Estate 2009/10 (3/11/11) Executive Summary A key driver in improving the environmental performance of our estate is the Climate Change (Scotland) Act 2009 which requires Scotland to reduce its greenhouse gas emissions by 42% by 2020 and 80% by 2050. The Scottish Government plays a key role in influencing how Scotland performs. It also recognises its own role in leading by example, and encouraging and influencing the public, private and third sectors to deliver tangible and sustained improvements. To date the Scottish Government estate's performance measurement has been based on its carbon emissions. We are currently exploring with our service providers and policy colleagues how we can broaden this scope to cover a wider range of greenhouse gases. The main findings are: Energy Total emissions from energy use have decreased by 4% from 2008/09 levels. Although this decrease is welcomed it is some way from our target to reduce our overall energy consumption by 12.6%

IMMATERIAL CONSIDERATIONS Ran Managing Plans or Planning Anagrams? The IC team have been tickled recently by a raft of planning anagrams (or ran managing plans, if you may) which have came our way recently. Did you know that an anagram of local review body is badly cooler view? Or that enforcement could actually be fence mentor and that an enforcement officer can turn into enforce mince effort? More alarmingly perhaps section seventy five can be translated as eyes v soft incentive whilst development management can be rearranged into dampen a gentle movement, which sounds a lot more customer friendly. Our favourite though, with the tongue fairly in the cheek, is head of planning which becomes panhandling foe!

by 2011 from the baseline year measurement of 1999/2000 levels. There has been a variety of challenges along the way including improvements, growth and diversification of the estate together with changes in collecting and reporting consumption data which has sometimes led to earlier inaccurate assumptions being made. Waste A 14% reduction in waste arisings has taken the Government beyond its 2020 reduction target. 69% of total waste arisings was recycled, a reduction in the recycling rate of 4% from the previous year. Transport and Travel With an 18%reduction in business travel related emissions the Government is making significant progress toward achieving its 2011 target. General reductions have been observed across most travel modes but the most significant have been seen in air and rail, with respective reductions of 22% and 19%. Water A 23% increase in water consumption reported for 2009/10 due to anomalous readings at one site, Victoria Quay. The reason for this is unknown but the installation of Automated Meter Reading equipment will help ensure such problems do not occur in future. Climate Change Endpiece *The Essex emerald moth has not been seen in the wild since 1991 despite specific targeted searches of all known sites. The species is considered globally extinct and the JNCC believe that protection is no longer therefore required. Note asterisk which ties back to the Wildlife and Countryside Act consultation on page 18.

there. And then it was the Head of Planning’s turn and he turned to the Genie and said “I want those two back in the office by lunchtime…” Christmas Competition The festive season is looming, which means that thoughts turn to giving presents. Given this, IC have decided to hold a competition where you could win something wet (a bottle of wine - not a beach holiday or swimming pool!). Just come up with a suitable caption for the photograph below of Craig McLaren, RTPI Scotland’s svelte-like Director chairing a recent Planning Interchange run by RTPI in partnership with Homes for Scotland and the Improvement Service. Please send any suggestions to us at scotland@rtpi.org.uk by the end of December. We’ll print any funny, and clean, answers in the next edition of Scottishplanner.

He’s Behind You! In keeping with the pantomime season the IC team recently heard a story about a Head of Planning and his two deputies who were walking back from a fraught planning committee meeting. As part of their trudge back to the office they came across an old lamp, just like Aladdin’s. The Head of Planning picked it up and rubbed it and – you’ve guessed it – with a puff a smoke a Genie appeared. He said that he could grant three wishes – one to each of them. Given this, the first depute said she wished to be sent to Barbados where she could spend time chilling out on the beach sipping cocktails. Kazam! The Genie sent her there. The second depute said that he would like to get away from everything in a remote cottage with a roaring fire by the sea on the West Coast of Scotland. Kazam! His wish was granted and the Genie sent him

© Image courtesy of Chris Watt

19


DECEMBER 2011 :

Scottishplanner Directory

MUNRO

Consultants • Transport Assessments • Green Transport Plans • Traffic Engineering Studies • Development Master Plans • Public Inquiries

Mark Myles MSc MRTPI Tel: 01738 450506 email: mm@mbmplanning.co.uk www: mbmplanning.co.uk

Hugh Munro: PO BOX 23954, Edinburgh EH6 9AR T: 0131 555 4433 E:hm@munroconsult.co.uk

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

Edinburgh 0131 220 1414

www.tymconsult.com

• Development Plan Representations • Masterplans • Environmental Impact Assessments • Landscape Design • Planning Applications • Planning Appeals

Keppie Planning & Development Contacts:

Chartered Town Planners & Architects

Baxter Allan & Gordon MacCallum

FOR COMPREHENSIVE INDEPENDENT PLANNING AND ENVIRONMENTAL EXPERTISE David Wardrop B.S.c (Hons,) M.R.T.P.I David Queripel M.A. (Hons), Dip TP, M.R.T.P.I

ADVICE AND GUIDANCE ON:

Contact Alan Pollock on 0131 555 5011 Ocean Point One, 4th floor 94 Ocean Drive Edinburgh, EH6 6JH rpsed2@rpsgroup.com

Glasgow 0141 332 6464

MONTGOMERY FORGAN ASSOCIATES

RPS Consultants PLANNING & ENVIRONMENT

160 West Regent Street • Glasgow • G2 4RL Tel: 0141 204 0066 • Fax: 0141 226 4571 Glasgow Edinburgh Perth Inverness Aberdeen Belfast

www.keppiedesign.co.uk planning@keppiedesign.co.uk

Tel: 01334 654936 Fax: 01334 656629 admin@montgomery-forgan.co.uk www.montgomery-forgan.co.uk

PLANNING DEVELOPMENT ENVIRONMENT masterplanning, project management and co-ordination, representations/objections, expert witness

Scottishplanner Directory

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