iPlanning - June 2014: SPP Special Edition
Published byFraser Gillies
Welcome to iPlanning - WJM’s round-up of the latest planning news and decisions.
In this special, single focus, issue we cover today’s publication of the long awaited update to Scottish Planning Policy (SPP) and the third National Planning Framework (NPF3).
We hope you find this issue as helpful as ever and we will be back shortly with more planning updates.
SPP and NPF3 - what do they mean for renewables? Fraser Gillies comments
The Scottish Government has today published the long awaited update to Scottish Planning Policy (SPP) and the third National Planning Framework (NPF3).
At the same time SNH has produced an updated map showing “Areas of Wild Land” following on from the 2013 “Core Areas of Wild Land” and a has also published its advice to Ministers setting out the basis for this approach.
The publication of NPF3 and SPP will be of wider interest to the development industry in Scotland as a whole. For those involved in the renewables industry, SPP and NPF3 remain supportive of Scotland’s renewables industry with NPF confirming that the Scottish Government remains committed to its ambition to be a world leader in low carbon energy generation, both onshore and offshore, and SPP recognizing that the planning system has a fundamental role to play in securing the move towards a low carbon economy.
Key points in relation to onshore wind include:
- SPP introduces a ‘presumption in favour of sustainable development’ and lists principles which should guide formulation of policy and decisions on individual projects. Whilst SPP does not (and could not) change the importance of the development plan in planning decision making, Ministers expect to see the presumption reflected in Local Development plans, and it will be a significant material consideration in decision making where it is not reflected in policy.
- SPP now sets out a simpler approach to the production of spatial frameworks. As trailed in the draft SPP, there is now a prohibition on development within National Parks and NSAs. Below that tier are certain areas requiring significant protection – but the policy recognises that within those areas onshore wind may be acceptable subject to detailed assessment. The wording is more positive than in the previous draft.
- Outwith those tiers wind farms ‘are likely to be acceptable’ subject to detailed assessment against development plan policy. This is an improvement on the draft SPP which previously listed a range of matters which were perhaps not suitable for inclusion in a spatial framework and better left to development plan policy.
- The reference in the draft SPP to a 2.5km settlement buffer around settlements has not been included. A maximum 2km settlement separation distance is included in the list of issues which should be taken in to account when drawing up spatial frameworks, making it clear that this is not a relevant consideration for deciding individual applications. The 2km is to be drawn from the edge of villages, towns and settlements identified in local development plans. Planning authorities are to consider individual topography and key views from these towns, settlements and villages when including this factor in their spatial frameworks.
- Areas of Wild Land are included in Group 2, “areas of significant protection”. These are identified on a new map published by SNH which introduces some changes from the earlier 2013 “Core Areas of Wild Land”. The preface to Group 2 interests makes it clear that development might be appropriate in certain circumstances. There is therefore no ban on development within wild land areas subject to detailed assessment of individual impacts.
- SNH have published a detailed explanation of the changes to the map. They consider the methodology used to produce the 2013 map is valid and provides a sound basis for identifying areas of wild land considered important in the national context at a strategic level. However, they have refined the work carried out and corrected ‘errors’ in the 2013 map and as a result are confident in the new map
- The new map identifies 42 wild land areas (19.5% of Scotland land area, down from 20.3% in the 2013 map)
- SNH consider the map will be a useful and important “strategic tool” in decision making and will help steer development- but they recognize they have taken a ‘broad brush approach’ and that fieldwork and assessment against the characteristics of any given area of wild land will be necessary in each case to inform individual decisions.
- To assist in that assessment the 2007 guidance will be updated in the course of this year, and further work describing the characteristics of each Area of Wild Land is to be produced.
Overall many of the industry fears following the publication of the draft SPP do not appear to have been realized in the final draft, which remains supportive of renewables, and onshore wind. There is a clear recognition throughout that decisions on individual projects have to be made on a case by case basis. That is to be welcomed. As ever however the devil will be in the detail, particularly in relation to the assessment of impacts on Areas of Wild Land and in relation to the way in which local planning authorities carry forward the new advice in to their own Development Plans.
More information from Fraser Gillies: fzg@wjm.co.uk
Sign up to iPlanning
If you have colleagues who would like regular updates on planning news and views through iPlanning, please let us know and we’ll send a copy to them.
Colleagues are welcome to email planning@wjm.co.uk with the title “iPlanning” in the subject line. We’ll ensure they receive their own copy of iPlanning. WJM - updating your regularly with all the information you need - straight to your PC.
For further information on these or any other planning issues, please contact:
Fraser Gillies fzg@wjm.co.uk
Melanie Kane mk@wjm.co.uk
The information contained in this newsletter is for general guidance only and represents our understanding of relevant law and practice as at June 2014. Wright, Johnston & Mackenzie LLP cannot be held responsible for any action taken or not taken in reliance upon the contents. Specific advice should be taken on any individual matter. Transmissions to or from our email system and calls to or from our offices may be monitored and/or recorded for regulatory purposes. Authorised and regulated by the Financial Conduct Authority. Registered office: 319 St Vincent Street, Glasgow, G2 5RZ. A limited liability partnership registered in Scotland, number SO 300336.
