Equalities and Human Rights Impact Assessment

Page 1

Glasgow and the Clyde Valley Strategic Development Plan Equalities and Human Rights Impact Assessment September 2010

EA



Contents 1

Introduction

2

Stage One • Step 1 - Identify Essential Information • Step 2 - Outline Aims of the Function or Policy • Step 3 - Gather and Consider Evidence • Step 4 - Assess Likely Impacts on Equality Strands • Step 5 - Apply the Three Key Assessment Tests for Compliance Assurance • Step 6 - Monitoring and Review

3

Next Steps



1

Introduction

1.1

The purpose of an Equalities and Human Rights Impact Assessment is to help ensure that the Glasgow and the Clyde Valley Strategic Development Planning Authority (GCVSDPA) does do not discriminate and where possible utilise opportunities to promote equality of opportunity, human rights and foster good community relations. The process should help provide well-balanced and well thought-out policies.

1.2

An Equalities and Human Rights Impact Assessment involves thinking through the potential consequences of policies and functions on both the identified equality target groups and society at large, making sure that as far as possible, any negative impacts are minimised or eliminated and that opportunities for promoting equality and respect for all other human rights are maximised.

1.3

This document, which forms the draft Equalities and Human Rights Impact Assessment, outlines the process that will be undertaken in relation to the Strategic Development Plan Main Issues Report (MIR) consultation, its consultation arrangements and consists of three stages. The final Equalities and Human Rights Impact Assessment will be prepared thereafter.

Stage 1 Spring/Summer 2010

• • • •

Stage 2 - September 2010

Stage 3 - Early 2011

essential information identified the aims of the Main Issues Report are outlined; information gathering takes place; assessment of impacts on equality. Ensuring a comprehensive and inclusive Main Issues Report consultation takes place that is relevant and proportionate to the strategic plan making process. Review of the Main Issues Report consultation in light of the Equalities and Human Rights Impact Assessment and its subsequent impact on the Proposed Plan.


Comments on this draft Equalities and Human Rights Impact Assessment should be sent to Dr. Grahame Buchan Strategic Development Plan Manager Glasgow and the Clyde Valley Strategic Development Planning Authority Lower Ground Floor 125 West Regent Street Glasgow G2 2SA Or at www.gcvsdpa.gov.uk/mir Main Issues Report 1.4

The MIR considers the strategic changes that will shape the Glasgow and the Clyde Valley city region over the next 20 years. It focuses on the key land use planning issues for inclusion in the Proposed Plan. These issues should be most effectively considered at a strategic level and which generally have cross local authority boundary implications.

1.5

It is important to recognise that the MIR not a draft plan. The MIR will present options for the scale of growth and options for where development in support of this growth should and should not be located and asks for views on these and other issues. Challenges include implementing national responses to these issues, the planning context for which are set out in National Planning Framework for Scotland 2 and Scottish Planning Policy (February 2010). Engagement is more effective at this stage because the options are still open; they are less so in the latter stages Strategic Development Plan’s preparation.

1.6

The timescale and engagement strategy for the SDP’s preparation is outlined in the GCVSDPA’s Development Plan Scheme and Participation Statement and a leaflet outlining information on Strategic Development Plans can be viewed at www.gcvsdpa.gov.uk.

Stage One Step 1: Identify Essential Information Name of function or policy Lead Officer for function/policy Lead Service involved in the delivery of this function/policy Lead Service taking primary responsibility for this impact assessment Names of Officers carrying out Stage One Officer Designation Name of Officer carrying out Stage Two and Three Officer Designation

Glasgow and the Clyde Valley Strategic Development Plan Main Issues Report Dr. Grahame Buchan Strategic Development Plan Manager Glasgow and the Clyde Valley Strategic Development Planning Authority Glasgow and the Clyde Valley Strategic Development Planning Authority Dr. Grahame Buchan Strategic Development Plan Manager Dr. Grahame Buchan Strategic Development Plan Manager


Is this function or policy Date of Impact Assessment

New September 2010

Others involved in the delivery of this function or policy 1.7

Planning Services in the eight GCVSDPA Local Authorities, namely East Dunbartonshire Council, East Renfrewshire Council, Glasgow City Council, Inverclyde council, North Lanarkshire Council, Renfrewshire Council, South Lanarkshire Council and West Dunbartonshire Council. In respect to the Housing Need and Demand Assessment also the Housing Services within each of the constituent GVCSDPA eight local authorities.

How have others (listed above) been involved in the Equalities and Human Rights Impact Assessment process? 1.8

This draft assessment will be considered and approved by the GCVSDPA Joint Committee and will be published along with the Main Issues Report, forming part of a suite of consultation documents. Responses received will be used to finalise the assessment when the Proposed Plan is prepared.

Step 2: Outline aims of the function or policy What are the main aims of the function or policy? 1.9

The main aims of the Main Issues Report are to • consider the strategic land use changes that will shape the Glasgow and the Clyde Valley city region over the next 20 years acknowledging the legacy of commitments in the most recently approved Glasgow and the Clyde Valley Joint Structure Plan 2006 and the terms of the National Planning Framework for Scotland 2; • consider the strategic changes that are best dealt with at a city region level; • outline options for the scale of growth, particularly for population and housing and where development should and should not be located in support of such growth and ask for views on these and other issues.

Who are the main beneficiaries of the function or policy? 1.10

The citizens of the eight Glasgow and the Clyde Valley Local Authorities, and those with an interest in growing the economy and improving the well being of the Glasgow and the Clyde Valley city region.

What are the intended outcomes of the function or policy? 1.11

The intended outcome is for the Glasgow and the Clyde Valley city-region to be a competitive, compact and accessible city-region area, planned on sustainability principles and responding to the key ‘drivers’ of long-term change.


1.12

1.13

This outcome is based upon a vision which comprises •

a Spatial Vision to 2035 which emerges from the consideration of the ‘drivers of change’ and from the Futures process; and

the key development principles which will shape the future geography of the city-region.

The key components of this vision are set out in the table below.

Economy

Urban Fabric

Infrastructure

Environment

Energy

Low Carbon

Quality of Life Healthy Urban Planning)

Sustainable transport (including active travel)

Green Network

Renewable Energy including Wind, Biomass, Combined Heat and Power

Service based with high quality manufacturing and education sectors

Renewal and Regeneration (reuse of brownfield land)

STPR including SPT Conurbation Study

Woodland Planting

Connected and Accessible (Internal and External)

Sustainable Development Locations

Water and Sewerage (MGSDP)

Improve environmental quality to support health improvements, economic competitiveness and enhance biodiversity

City Region Collaboration

Low Carbon Agglomeration and Higher Densities Key Role of City Centre and Urban Centres


1.14

The above vision compliments both current Structure Plan 2006 vision and the vision of the Glasgow and the Clyde Valley Community Planning Partnership ‘Metropolitan Glasgow Vision 2008 - 2013’ Structure Plan 2006 vision The area will be amongst the most attractive business locations in Europe because of the improved quality of the transport system, the labour force and the physical environment; The quality of life in all settlements will be valued because of the improved access to jobs, town centre facilities and residential environment, reinforced by a well defined high quality Green Belt; The image of the area the area as a place to live, work and visit will be transformed by the greening of the urban and rural are; and Public transport, walking, and cycling will be as attractive modes of travel as the car for most trips, because of their improved quality and integration.

Glasgow and the Clyde Valley Community Planning Partnership vision “Our vision is clear. We want the Glasgow City region to be one of the most dynamic, economically competitive and socially cohesive regions within Europe”

1.15

The objectives contained in the Main Issues Report are listed below: •

support sustainable economic growth by protecting and enhancing the character and quality of the Glasgow and the Clyde Valley city region as a key economic driver;

• met the identified housing need and demand and encourage the development of mixed communities; • protect and enhance the area’s natural environment biodiversity and natural resources and support the creation of a Green Network; • ensure improved accessibility to homes, jobs and services by locating new development in places which promotes the use of active travel and supports the hierarchy of accessibility especially public transport; • encourage sustainable development as a response to the need to improve accessibility and reduce greenhouse gas emissions by locating development which is well related to transport networks, avoiding flood risk, promoting the use of previously developed land, supports the waste hierarchy and encourages the development of renewable energy developments in acceptable locations; •

promote strategic transport linkages and route improvements.


Why is this function or policy being assessed? 1.16

This assessment will help the Glasgow and the Clyde Valley Strategic Development Plan ensure that the Main Issues Report does not discriminate, and enables the eight Local Authorities to promote equalities, as well as human rights and good relations between different groups.

Is the function of policy intended to increase equality of opportunity by permitting positive action or action to redress disadvantage?

Yes

Give details 1.17

The Planning etc. (Scotland) Act 2006 places an obligation on Scottish Ministers and planning authorities to perform their functions in a manner which encourages equal opportunities and which observes current equal opportunity requirements. This legislation came into force in 2009.

1.18

The Scotland Act 1998 defines equal opportunities as: ‘the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation, language or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions.’

Step 3: Gather and Consider Evidence 1.19

What evidence will you use to identify any potential positive or negative impacts? Evidence Consultation

Details • Regular discussion with GCVSDPA Management Team (Steering Group) to identify key issues and potential options • Development Plan Scheme and Participation Statement published March 2009 revised March 2010) • Publication of a series of Issues Reports (Waste Management, Urban Capacity, Retail, Wind Energy, Aggregate Minerals and Surface Coal) to seek views of interested parties (2007 - 2010) • Establishment of Strategic Futures Group comprising key stakeholders (2009 - 2010) to ensure full participation in developing strategy options and potential land use responses


• Presentations by key stakeholders to the GCVSDPA including Homes for Scotland, Strathclyde Partnership for Transport, Transport Scotland, Scottish Enterprise, Glasgow and the Clyde Valley Green Network, Metropolitan Glasgow Strategic Drainage Plan, COSLA (Waste) and Network Rail • Establishment of a Housing Market Partnership in support of the Housing Need and Demand Assessment process (awareness raising leaflet published 2010) • Publication of Strategic Development Planning awareness raising leaflets published April 2008 and July 2009 • Publication of a quarterly newsletter • Consultation events in support of Main Issues Report publication • Equalities and Human Rights Impact Assessment will be published and made available for comment alongside other SDP consultation documents on the GCVSDPA website, www.gcvsdpa.gov.uk Research

• Housing Need and Demand Assessment incorporating demographic forecasts and projections and affordability assessment study • Economic forecasting and projections • Housing Land Audits and Urban Capacity Study • Industrial and Business Land Survey and Vacant and Derelict Land Survey • National Planning Framework and Scottish Planning Policy • Clyde River Basin Management


Plan Officer knowledge and experience User Feedback (including complaints) Other

1.20

Professional expertise of Council officers Responses received from consultation exercises -

This assessment will be based on the draft vision and preferred spatial strategy of the Main Issues Report. Equality Target Group Race* Disability Gender** LGB*** Belief Younger Older Others

Positive Impact (+)

Neutral Impact (0) 0

+ 0 0 0 + + +

* Race includes Gypsies/Travellers ** Gender includes Transgender *** LGB: Lesbian, Gay and Bisexual

Negative Impact (-)


Step 4: Assess Likely Impacts on Equality Strands Which, if any, Equality Target Groups and others could be affected by this function or policy? 1.21 From the Groups you have highlighted above, what positive and negative impacts do you think the function or policy might have? Positive Impacts Disability

Negative Impacts -

Increased accessibility to new developments by improved pedestrian routes and public transport. Younger People Economic growth will increase employment opportunities. Providing a supply of mixed housing types. Increased accessibility to new developments by improved pedestrian routes and public transport

-

Reduce demand for energy from new developments will reduce livings costs. Improving quality of place, reduced levels of dereliction and increased greenspace. Older People Increased accessibility to new developments by improved pedestrian routes and public transport. Reduce demand for energy from new developments will reduce living costs and fuel poverty. Improving quality of place, reduced levels of dereliction and increased greenspace. Other Economic growth will increase employment opportunities especially in regeneration areas.

-

Improving quality of place, reduced levels of dereliction and increased greenspace.

If you have not identified any potential negative impacts go to Step 6 and detail your monitoring, reviewing and publishing arrangements.


Step 5: Apply the Three Key Assessment Tests for Compliance 1.22 Step 5 draws together all the steps of the Equalities and Human Rights Impact Assessment tool in ensuring that the application of a Council policy is nondiscriminating and human rights compliant.

1.23

Which human rights or equality rights may be directly or indirectly affected as identified in Steps 3 and 4? Not Applicable

1.24

Legality - Where there is a negative impact is there a legal basis in the relevant domestic law? Not Applicable

1.25

Legitimate Aim - Is the aim of the policy identified in Steps 1 and 2 a legitimate aim being served in terms of the relevant equality legislation or the Human Rights Act? Not Applicable

1.26

Proportionality - Is the impact of the policy proportionate to the legitimate aim being pursued? Is it the minimum necessary interference to achieve the legitimate aim? Not Applicable

Step 6: Monitoring and Review How will the implementation of the function or policy be monitored? 1.27

The Main Issues Report is not a draft Plan, and therefore does not include any policies or targets that require to be implemented.


How will the results of the monitoring be used to develop the function or policy? 1.28

The results of all monitoring will inform the Proposed Plan and Approved Strategic Development Plan as well as the Local Development Plans of the eight Local Authorities.

When is the function or policy due to be reviewed? 1.29

The Main Issues Report is due to be published in September 2010 and representations received will inform the subsequent Proposed Plan.

1.30

Work on the second Strategic Development Plan will commence after the formal approval by Scottish Ministers of the first Strategic Development Plan

Step 7: Public Reporting of Results Summarise the results of the Equalities and Human Rights Impact Assessment. Include any action which has been taken as a result of the Equalities and Human Rights Impact Assessment. You must note if you have modified or consulted on the function or policy. 1.31

A non-statutory Spring Consultation exercise was undertaken in May/June 2009 and provided early engagement with interested parties which has helped to identify any potential issues with consultation practice.

Positive Impacts 1.32

There will be positive impacts for some of the quality target groups in the following ways: Disability - Increased accessibility to new developments by improved pedestrian routes and public transport. Younger People - Economic growth will increase employment opportunities. Providing a supply of mixed housing types. Increased accessibility to new developments by improved pedestrian routes and public transport. Reduce demand for energy from new developments will reduce livings costs. Improving quality of place, reduced levels of dereliction and increased greenspace. Older People - Increased accessibility to new developments by improved pedestrian routes and public transport. Reduce demand for energy from new developments will reduce living costs and fuel poverty. Improving quality of place, reduced levels of dereliction and increased greenspace. Other - Economic growth will increase employment opportunities especially in regeneration areas with resulting reduction in areas of dereliction. Improving quality of place, reduced levels of dereliction and increased greenspace

1.33

This assessment will be published with the Main Issues Report for consultation and will be available online or on request from the Strategic Development Planning Authority. The responses to the assessment will be reported to the GCVSDPA Joint Committee and used to inform the preparation of the Proposed Plan for submission to Scottish Ministers.


Next Steps 1.34

The initial Stage One assessment was conducted during the Spring/Summer of 2010 in advance of the publication and consultation of the Main Issues Report in September 2010. Following consultation on the Main Issues Report, Stage Two and Three of the Equalities and Human Rights Impact Assessment can take place; detailed explanations of how the consultation was carried out and a review of consultation practice in light of feedback.

1.35

The final Equalities and Human Rights Impact Assessment will be produced in 2011 and will provide detail of the representations received.





Glasgow and the Clyde Valley Strategic Development Planning Authority Lower ground floor, 125 West Regent Street, Glasgow G2 2SA t  0141 229 7730  |  e info@gcvsdpa.gov.uk |  w www.gcvsdpa.gov.uk


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