no 138 : dec 2010 scottish planner - rtpi.org.uk · 035 planningisnotashroud-wavingactivity....

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Background Revision of domestic permitted development rights is one of the cornerstones of the planning reform agenda. The revised Development Management Regulations have been in place for over a year now and e- planning continues to gather pace. One component of culture change is the shift in planning from ‘micro-managing’ to value-added delivery of larger-scale permissions and projects. The delivery of revised permitted development for domestic development is essential to this transfer of emphasis. The consultation issued on 1 October is the second on this subject from the Scottish Government. The first consultation attracted a lot of criticism from practitioners. In order to move forward and create domestic classes of permitted development which were more closely aligned to stakeholders’ wishes, the Scottish Government invited Heads of Planning Scotland (HoPS) to send four representatives to a 2-day ‘brainstorming‘ session. This took place in the middle of May. From the outset the mood was radical and progressive. Helped by the services of a good facilitator, what emerged was a draft Order which expanded the scope of permitted development dramatically. Next came testing against planning applications. Some of this was carried out at the event, and Dan Jackman visited each of the four Councils to evaluate the results of further testing. Scottish Borders Council saw the biggest percentage reductions in applications, followed by West Lothian and Highland, with the lowest reduction in Glasgow. Some of the most intractable problems were defining the ‘front’ and ‘back’ of a house, and the definition of ‘road’. In Glasgow this meant that many small non-contentious extensions were pulled in because of the presence of rear access lanes. The results of the testing were again evaluated by the Scottish Government team. What has now emerged is a suite of amendments different again in detail from that produced at the brainstorming event, and which also incorporates some of the provisions of the 2008 English GPDO. The Consultation This contains the consultation questions, the draft classes and the draft circular in a useful package. The consultation is up front about the objective of the revised domestic PD classes: to reduce the annual 40,000 or so planning applications for domestic development by 20 - 25%. The first impression of the draft classes is one of innovation, simplicity and brevity. Classes 1 and 2, which cover extensions, are reduced from 20 criteria to 9, for example. Conservation areas and the curtilages of listed buildings are exceptions in most classes. Scottish planner Journal of the RTPI in Scotland No 138 : Dec 2010 mediation of space • making of place Thanks to our sponsors: Householder Permitted Development Rights: a new radical approach. continued on page 4 Philip Gelsthorpe, Enforcement and Local Review Board Manager, Glasgow City Council. Two storey extensions separate class.

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BackgroundRevision of domestic permitteddevelopment rights is one of thecornerstones of the planning reformagenda. The revised DevelopmentManagement Regulations have beenin place for over a year now and e-planning continues to gather pace. Onecomponent of culture change is theshift in planning from ‘micro-managing’to value-added delivery of larger-scalepermissions and projects. The delivery ofrevised permitted development fordomestic development is essential tothis transfer of emphasis.

The consultation issued on 1 Octoberis the second on this subject from theScottish Government. The first

consultation attracted a lot of criticismfrom practitioners. In order to moveforward and create domestic classes ofpermitted development which weremore closely aligned to stakeholders’wishes, the Scottish Government invitedHeads of Planning Scotland (HoPS) tosend four representatives to a 2-day‘brainstorming‘ session. This took placein the middle of May.

From the outset the mood was radicaland progressive. Helped by the servicesof a good facilitator, what emerged wasa draft Order which expanded the scopeof permitted development dramatically.Next came testing against planningapplications. Some of this was carriedout at the event, and Dan Jackman

visited each of the four Councils toevaluate the results of further testing.Scottish Borders Council saw the biggestpercentage reductions in applications,followed byWest Lothian and Highland,with the lowest reduction in Glasgow.Some of the most intractable problemswere defining the ‘front’ and ‘back’ of ahouse, and the definition of ‘road’. InGlasgow this meant that many smallnon-contentious extensions were pulledin because of the presence of rearaccess lanes.

The results of the testing were againevaluated by the Scottish Governmentteam. What has now emerged is asuite of amendments different againin detail from that produced at thebrainstorming event, and which alsoincorporates some of the provisions ofthe 2008 English GPDO.

The ConsultationThis contains the consultationquestions, the draft classes and thedraft circular in a useful package.

The consultation is up front about theobjective of the revised domestic PDclasses: to reduce the annual 40,000 orso planning applications for domesticdevelopment by 20 - 25%. The firstimpression of the draft classes is one ofinnovation, simplicity and brevity.Classes 1 and 2, which cover extensions,are reduced from 20 criteria to 9, forexample. Conservation areas and thecurtilages of listed buildings areexceptions in most classes.

ScottishplannerJournal of the RTPI in Scotland

No 138 : Dec 2010mediation of space • making of place

Thanks to our sponsors:

Householder Permitted Development Rights:a new radical approach.

continued on page 4

Philip Gelsthorpe, Enforcement and Local Review Board Manager,Glasgow City Council.

Two storey extensions separate class.

DECEMBER 2010 Scottishplanner

02 www.rtpi.org.uk/rtpi_in_scotland/

03 Convener’s Comments

Update04 Householder Permitted Development Rights: a new radical

approach – Philip Gelsthorpe, continued from the front cover

05 A View from Scottish Borders – CouncillorCarolyn Riddell-Carre

06 Compulsory Purchase: a valuable tool? – Stephen Jones

Focus on Energy08 Out of the Red and into the Green – David Gilchrist

09 Highland Council’s Visualisation Standards for Wind EnergyDevelopments – Gordon Mooney

11 The Renewables Revolution – Stefano Smith

12 Planning for Renewable Energy – finding the right project and theright place – Hilary MacBean

13 Delivering the Scottish Government’s 80% Renewables Target:the contribution of on-shore wind – Gareth Mills

Views and News14 Scottish Renewables welcomes review of PAN 45 – Rosie Vetter

15 Stakeholders have their say – Lindsey Nicoll and Oonagh Gil

16 News and events

18 Policy briefing

20 Directory

contentsEditorial

This final edition for 2010 focuses on ‘Energy ,with contributors exploring the policyframework, the commercial realities, thechallenges faced in planning, and the emergingguidance and practice.

Elsewhere in the Journal, articles address thethorny question of compulsory purchase; outlinethe new approach to permitted developmentcurrently out for consultation; and examinelessons learned from early experience of the newappeal system.

I hope you find the articles of interest, and of helpin dealing with the challenges that lie ahead.Asever, we are extremely grateful to Biggart BaillieLLP and Halcrow for their sponsorship ofScottishplanner; and for the support of ouradvertisers.

This is my last edition as Editor as I will be leavingthe RTPI in December. I have enjoyed workingwith the RTPI in Scotland Executive Committee,with the excellent staff team in Edinburgh,and with the ever-helpful and inspirational‘Thinktastic’ design team on the production ofScottishplanner. I would like to thank them all fortheir hard work and support.

Wishing you peace and happiness this Christmas,and all best wishes for the future, wherever lifemay take you.

Veronica BurbridgeEditor

Editor Veronica BurbridgeProduction Joanna Stewart

Potential articles and photographs are welcome.The Editor reserves the right to amend articles as necessary.

Enquiries to: the Editor, Scottishplanner, RTPI in Scotland,57 Melville St, Edinburgh, EH3 7HLTel: 0131 226 1959; email: [email protected]

The opinions stated are the contributors’ own unlessotherwise stated. The RTPI is not responsible for statementsmade or views expressed in this journal.

ISSN 1353-9795

Registered office: Royal Town Planning Institute,41 Botolph Lane, London EC3R 8DL

Scottish Charity No. SC037841Registered Charity No. 262865

Scottishplanner is printed on Era Silk recycled paper.

Design, production and advertising by ThinktasticTel 0131 554 2807

Scottishplanner is the Journal of the Royal TownPlanning Institute in Scotland, and is distributed freeby direct mail to all Members in Scotland. It is alsoavailable on the web at www.scotland.rtpi.org.uk Scottishplanner Sponsors

From pre-application right up to anyappeal, our highly-focused, partner-ledteam advises on all aspects of planning.Specifically, our experience covers housing,business, retail, leisure, industry, transport,waste, energy and minerals, as well asnatural and built heritage matters.

We act for developers, local authoritiesand any other party involved in planningmatters. At Biggart Baillie we prideourselves on seeing the planningand related issues in the round.For further information, please visitwww.biggartbaillie.co.uktwitter.com/biggartbaillie

Sustaining and improving thequality of people’s lives.

We believe in making places work throughour unique collaborative approachto planning, design, transport anddevelopment.We take proposalsand projects from inception to successfulimplementation. Our skills are equallyimportant to small-scale commissionsas to major masterplanning andinfrastructure projects. For furtherinformation, please view halcrow.com/dpd

06 10 12

Convener’sComments

Aswe approach the end of the year,we can celebrate: the best attendedGeddes Lecture ever, as Peter Headof Arup introduced planners andothers to the ‘New Ecological Age’;and another very successful YoungPlanners’ Conference. As the teamin Melville Street prepares for re-locating the office, the annualconference was substituted by threeconferences organised in partnershipwith the Chartered Institute ofHousing; Living Streets; and ScottishRenewables. I participated inEdinburgh and the East of Scotland,Grampian, Highland and GlasgowandWest of Scotland Chapter eventsbut unfortunately wasn’t able tomake the dates of events at theothers. The Parliamentary receptionin May was well attended andlaunched an exhibition of 80 yearsof the RTPI in Scotland which hasnow been used in a variety of eventsacross Scotland.

Work to influence policy andpractice has included responses tokey consultations such as those onresources for planning, marineplanning and the first Land UseStrategy for Scotland. The latterhas the potential to become a key

document for planners acrossScotland when considering how todeliver more sustainable places andaddress climate change. Thecontribution to the Inquiry by theRoyal Society of Edinburgh intoFacing up to Climate Change was amark of the RTPI’s commitmentson climate change and toengagement within the widerScottish community. Through theyear, the RTPI in Scotland hostedmeetings of, or visits from, a rangeof networks including the EuropeanCouncil of Town Planners and theRTPI Ireland, while research on theexperience of planning graduates inthe job market was completed toinform future planning.

I take this opportunity to record thethanks of the Scottish ExecutiveCommittee to Veronica Burbidge, theDirector of the RTPI in Scotland, whowill be leaving the RTPI in December.Over recent years, as Policy Officerand then Director,Veronica hasmade an invaluable contribution,supporting planning and planners inScotland, including facilitating there-establishment of Chapters acrossall parts of Scotland.

In 1930, planners meeting inGlasgow agreed that…

The need for a strong professionalbody in Scotland, with effectiverelationships with planners acrossthe UK and beyond, serving theinterests of planning and planners inScotland, remains and is perhapseven greater now. It is appropriatethat the final event to mark the80th anniversary will behosted in Glasgow, bythe Glasgow Chapter on1 December.

At the start of the year I looked forward to: theGeddes Lecture; Scottish Young Planners’ annualconference; visiting the chapters; and celebratingthe 80th anniversary of the RTPI in Scotland. Ilooked forward, too, to the RTPI in Scotland playingan active part in influencing policy and practice,championing and supporting planning and plannersin Scotland.

03

Ian Angus MRTPIConvener, RTPI inScotland’s ScottishExecutive Committee

with the different systemof land tenure...compared

to England, the separatelegislation...and the manyproblems of local and nationalcharacter which confrontScotland, it would be in theinterest of the Institute toform a Scottish Branch.”

DECEMBER 2010 Scottishplanner

04 www.rtpi.org.uk/rtpi_in_scotland/

: UPDATE

Householder Permitted Development Rights: a new radical approach continued from the front cover

Class 1 covers single-storey rearextensions and, if more than 1 metrefrom the boundary, could cover 50% ofthe rear curtilage provided the extensionis not more than 4 metres in height fora dual-pitched roof or 3 metres for aflat roof. Extensions within 1 metre arecapped at 4 metres in length for adetached house, and 3 metres in anyother case. The height is restricted to4 metres for a dual pitched roof, and3 metres in any other case. This appearsto restrict monopitched roofs, whichare the most common, to 3 metres inheight: above this planning permissionis required.

Class 2 provides for extensions greaterthan single-storey, with the limitationthat any such extension should not bewithin 10 metres of the curtilageboundary.

Class 3 introduces the concept of a1 metre ‘bubble’ around the dwellinghouse (except for dormers or biomassheating flues). This appears to allow anynumber of domestic satellite antennae.

Class 4 allows dormer windows on therear or side elevation (if there is no roadat the rear or side) for the first time,subject to size and locationalconstraints.

Class 5 covers other alterations to theexternal appearance of the roof andagain features the 1 metre ‘bubble’.Balconies are excluded.

Class 6 provides for outbuildings.Constraints apply but it would bepossible to build sheds and otheroutbuildings covering 50% of the rearcurtilage of a house in mostcircumstances.

Class 6A concerns garden works andthe construction of retaining wallssubject to restrictions on height.

Class 6B covers (all Enforcement Stafflook away now) the provision of ahard surface. This has to be betweenthe dwelling and road bounding thecurtilage. Significantly, it is to becomposed of porous material, ordrain to a porous area.

Class 6C covers decking. Thiscompletely new Class is restricted torear curtilage, and the platform levelcannot exceed 0.5 metres in heightalthough the decking could coverthe entire rear curtilage. Any fencingassociated with it cannot exceed3 metres in height.

Class 6CA allows the erection of aporch up to 3 square metres in area or3 metres in height provided that it ismore than 2 metres from a road.

Class 6CB relates to boundary walls andfences. This removes the current 20metre rule and replaces it with the morerealistic parameters of 1 metre in frontof the principal elevation and 2 metresbehind it. However, it only applies todwelling houses, Class 7 remaining inplace to control fences in other types ofdevelopment.

Class 6CC relates to the improvementor alteration to the external appearanceof flats. This completely new Classcreates a 1 metre ‘bubble’ around flatsbut does not cover chimneys. It wouldseem to allow any number of satelliteantenna on a tenement flat not in aconservation area.

The interpretations section includes thedefinition of Principal Elevation whichis the ‘elevation of the original dwellinghouse which by virtue of its design orsetting is the principal elevation’.Guidance on the interpretation andapplication of this is provided in theattached draft Circular which containsuseful diagrams. Significantly, theinterpretation of ground level is changedfor sloping land. The height of a buildingis to be measured from the lowest partof the land adjoining it, not the highest.Measurement of any extension isexternal, not internal as at present.

ConclusionThe domestic Classes’ amendments areon a journey to delivery which has alittle further to go if the objectivesof the exercise are to be achieved.Their ‘shape’ seems fine but some smallchanges would move them alongconsiderably. The consultation closeson 14 January.

The views expressed are the author’sown, and do not necessarily representthose of Glasgow City Council or Headsof Planning Scotland.

Decking: new class.

0305

Planning is not a shroud-waving activity.That is why it is vulnerable.While LocalAuthorities always have to be carefulwith money, they are now underunprecedented pressure to save funds.When it comes to a choice of headlines‘Local School under Threat’ or ‘FivePlanning Officers may be Sacked’, whichwill lose the local politicians mostvotes? Exactly. Yet funding for the newPlanning system is vital. In practice, thisis only going to come from fees.

The new Act brought in many changes.More delegation has been permitted fornon-householder applications and, inthe Scottish Borders, performance onthese applications has improved by12% since August 2009, while thenumber of appeals has dropped.

Any application that now requires to bedetermined by Committee is referred tothe Planning and Building StandardsCommittee (P&BSC) and applicationshave ceased to be referred to AreaCommittees. 88 applications have beenconsidered by the P&BSC in the yearfollowing implementation of the newScheme of Delegation. This compareswith 232 considered by Committees(both Planning Committee and the5 Area Committees) in the year priorto the new scheme’s introduction.Removing planning applications fromArea Committees has resulted in anoverall saving of £202,000 in the formof 3.5 full-time equivalent posts andtheir associated costs.

The Scheme of Delegation has thereforeresulted in a significant improvement inspeed of determination of applications

and in a financial saving. This saving hashelped to pay for the increased burdensin carrying out neighbour notification(previously undertaken by applicants)and in running the Local Review Bodywhich hears appeals on LocalDevelopments refused by officers.

The Scottish Borders Local Review Bodyis made up of Members of the P&BSC;five Members at a time taking it in turnto sit on the Review Body. TheDevelopment Management Service hasbeen re-structured to ensure that asenior officer is available to advise theLocal Review Body. This has been

achieved by dedicating one Manager todealing with Local Developments, whichmay be subject to review, with a secondManager dedicated to deal with MajorDevelopments which are determined byCommittee and therefore not subject toLocal Review. In this way the secondManager is free to advise the LRB ondecisions taken on Local Developments.Agreement has also been reached withpartner authorities in the South East ofScotland Strategic Planning Authority(SESplan) area to provide expertspecialist advice on a reciprocal basiswhere the need arises, though this hasnot yet been necessary.

We continue to look forward to theGovernment’s review of PermittedDevelopment Rights to offset the addedburdens under the new Act.

So we are all settling down andcoping…and now there is a proposal fora further change. The role of verificationmay be removed from Local AuthorityBuilding Standards officers. The fear isthat big private companies will cherry-pick big developments which provide bigfees. Small applications, less financiallyattractive, would be likely to remainwith Local Authorities. Meanwhilecertain duties, like acting on dangerousbuildings, must remain with LocalAuthorities under the present Act. Thishas the effect of increasing the cost tothe ratepayer as non fee-earning dutiescontinue to be addressed whilstoffsetting income streams areredirected. This has certainly been theexperience of many English Authorities.Surely, if the fees disappear then theresponsibilities must disappear. If theresponsibilities remain, then so mustthe fees.

While much of the thrust of the presentAct is to be welcomed, it must berecognised that Planning does need tobe adequately funded. It is neither a‘Blue light’, nor a headline-grabbingservice, but Planning and EconomicDevelopment are inextricably linked. Inthe Scottish Borders, as in PlanningAuthorities all over Scotland, we areworking hard to deliver what the Actrequires. May those in the ScottishGovernment give us the tools to dothe job.

Councillor Carolyn Riddell-Carre, the Executive Member for Planningand Environment, Scottish Borders Council.

AView from Scottish Borders

Eildon North Hill and Newstead © Keith Robertson

Removing planningapplications from AreaCommittees has resulted inan overall saving of £202,000in the form of 3.5 full-timeequivalent posts and theirassociated costs.

DECEMBER 2010 Scottishplanner

06 www.rtpi.org.uk/rtpi_in_scotland/

: UPDATE

Compulsory purchase is a valuable tool tofacilitate projects in the public interestwhere it’s impossible or impractical toacquire the land by agreement. These areoften vital schemes that can promoteeconomic recovery and sustainableeconomic growth, and bring real benefits toour communities. But without compulsorypurchase, they simply couldn’t go ahead.

Most people know that compulsorypurchase is invaluable for projects such asnew roads and railways. Indeed, TransportScotland uses compulsory purchase as itspreferred method of acquiring land fortrunk road schemes. However, compulsorypurchase should not be seen just as a toolfor major road or rail projects. Thechallenges that Transport Scotland faces inacquiring land are often the very samechallenges that a local authority faces whentaking forward a project, including dealingwith multiple owners and the often vitalneed for certainty in the project timescales.North Lanarkshire Council successfully usedcompulsory purchase to demolish sub-standard housing and replace with new.This resulted in a win/win situationbringing benefits for the Council, ownersand the wider community.

Falkirk Council successfully usedcompulsory purchase to regenerateStenhousemuir town centre.Without

compulsory purchase neither of theseprojects would have been possible.

Do you think the compulsorypurchase process could beimproved?Most readers will answer that questionwith a resounding “yes!” Despite thepotential value of compulsory purchase,many of you have been telling us that thereare some issues that make compulsorypurchase less effective than it could be, andthat compulsory purchase law should bereviewed.

The primary legislation dates from the19th century. It’s probably fair to assumethat modern urban regeneration schemestaken forward by a local authority inpartnership with a private developer werenot in the forefront of the drafters’ minds!Many of you would like updated guidancefrom Scottish Government on the use ofcompulsory purchase. The most recent goodpractice guidance on the use of CPOs inScotland is contained in a circular issued bythe Scottish Development Department in1976! Clearly, our world has changed sincethen. Many of you also tell us that in somelocal authorities, and indeed in some areasof the private sector, there are shortagesof experience and expertise in usingcompulsory purchase. Compulsory purchasehas been neglected in the past. To addressthis, Scottish Government has started aprogramme of work to ensure thatcompulsory purchase is an effective tool inthe box for local authorities, Governmentagencies, other acquiring authorities andthe development industry.

Compulsory Purchase: a valuable tool?The ScottishGovernment reports

Stephen Jones,of the ScottishGovernment outlinesScottish Government’sprogramme to promotegood practice in the useof compulsorypurchase.

Compulsory purchase neednot be a heavy-handed

process if it is managed correctly:key to this is early, ongoing andmeaningful engagement withthose affected.”

Below: CPO conference in fullswing © image courtesy ScottishGovernment.

07

Scottish GovernmentCPO work programmeScottish Ministers have approved theScottish Law Commission’s currentwork programme, which includes areview of compulsory purchase law.However, this programme runs untilthe end of 2014, so law reform, if ithappens, could be some way off.To deliver more immediateimprovements, we’ve undertaken atargeted programme to promotegood practice under currentlegislation. This includes:

• issuing a new circular in 2011, afterconsultation later this year, toprovide focused and up-to-dateguidance on the use of compulsorypurchase;

• providing training events such asthe CPO conference that we co-hosted (with RTPIS and others) on6 October in Edinburgh. Thisconference was attended by over200 people from across the publicand private sectors, and many morewould have attended had there beenroom;

• issuing easy-to-use plain Englishguidance (for owners) about thecompulsory purchase process; and

• reviewing Scottish Government’sinternal procedures for consideringCPOs to make them more efficient,where possible.

RTPI and its members areplaying an important roleThe RTPI and its members are playingan important role in this work andwe’re grateful for your help. BobStewart of Moray Council represents

the RTPIS on the ScottishGovernment’s Compulsory PurchaseAdvisory Group. On a personal note, I’dlike to thank those of you that I’ve metfor the universally warm welcomeyou’ve given me, and for your positiveand constructive inputs. I’ve found agenuine and refreshing desire to worktogether in partnership with ScottishGovernment and other stakeholders todeliver real improvements.

Working togetherWorking together in partnership hasbeen a key theme throughout ourprogramme thus far.We set up ourCompulsory Purchase Advisory Groupto provide high level, expert advice toinform our work. As well as RTPIS, thegroup comprises representatives fromthe Society of Local Authority Lawyersand Administrators, the Law Society ofScotland, the Valuation Office Agency,the Association of Chief EstatesSurveyors and Property Managers, theRoyal Institution of CharteredSurveyors and the Scottish PropertyFederation. We are delighted thatProfessor Jeremy Rowan-Robinson alsosits on the Group.

Emerging key messages

One of the key messages from ourengagement is the vital importance ofacquiring authorities never losing sightof those affected by compulsorypurchase. The impact of the loss of ahome or business can be enormous.Compulsory purchase need not be aheavy-handed process if it is managedcorrectly: key to this is early, ongoingand meaningful engagement withthose affected. The importance, to the

acquiring authority, of preparatory workhas been another subject which hasbeen consistently raised. In particular,the value of working at the earliestpossible stage to identify and thusreduce risk factors such as unforeseencosts, getting it wrong, refusal toconfirm the CPO, challenge in thecourts and nasty valuation surprises.

Another issue often raised is thatincreasingly, for environmental reasons,the location of new development isbecoming even more important (forexample to reduce travel to work or re-use brownfield or derelict sites). But itis essential that the sites proposed fordevelopment by local authorities intheir Development Plans aredeliverable. At first look, site assemblyfor the “best” location may not alwaysseem possible. Compulsory purchasecan offer a way forward.Where thisis the case we encourage localauthority planners to consider usingDevelopment Plan action programmesto flag up the possible need forcompulsory purchase at an early stage.

Public consultation andongoing engagement

When we put the draft CPO circularout for public consultation, towardsthe end of this year, I encourage youto take part. We’ll welcome anyconstructive comments and positivesuggestions for improvement. In themeantime, please get in touch ifyou’d like to share any good practiceexamples, talk about challenges thatyou face, contribute to the work we’redoing or just find out more. Let’scontinue to work together to make themost of this opportunity, and make theCPO circular as comprehensive, helpfuland easy to use as it can be.

For more information about the Scottish

Government’s programme of work on CPOs,

please visit: www.scotland.gov.uk/cpo or

email: [email protected]

Telephone: 0131 244 1430.

Left: CPO was used to rengenerateStenhousemuir town centre© image courtesy Falkirk Council.

DECEMBER 2010 Scottishplanner : FOCUS ON ENERGY

08 www.rtpi.org.uk/rtpi_in_scotland/

Figures recently released byRenewableUK continue to highlightthe significantly higher electricitygeneration cost of renewable sourcesover fossil fuels. In the currenteconomic crisis, what factors aredriving demand and investment inrenewable energy in the UK?

Renewables Obligation (RO)The RO is a statutory framework thatprovides a financial incentive for UKelectricity suppliers to buy renewableenergy, creating a market that mightotherwise not exist. The RO imposesan obligation on electricity suppliersto source an increasing proportion ofelectricity from renewable sources. If anelectricity supplier fails to comply withthe RO in any given year, it is requiredto pay the ‘buy-out price’ for anyshortfall. This incentivises suppliers topurchase renewable electricity.

Feed-In Tariff (FIT)The FIT requires the big six energysuppliers to pay generators forelectricity generated from qualifyingrenewable sources (up to a maximumcapacity of 5 megawatts). The keybenefits of the FIT are: (i) thegeneration tariff – payment to thegenerator of a set rate for each unit ofelectricity generated, even if consumedby the generator; (ii) the export tariff –payment to the generator of anadditional amount for any surpluselectricity which is exported to thegrid; and (iii) lower electricity billsfor the generator.

EU Emissions TradingScheme (EU ETS)The EU ETS is another market-basedmechanism, its aim being to reducegreenhouse gas emissions. The EU ETSapplies to over 10,000 large industrial

and energy installations across the EU,and operates through the allocation andtrade of allowances. Each allowanceunder the EU ETS represents one tonneof CO2. Allowances are allocated toinstallations by Member States, thenumber of allowances issued in anygiven year being fixed, with the aimof achieving an overall reduction inemissions across all installations. Atthe end of each year, installations arerequired to have sufficient allowances toaccount for their actual emissions. If aninstallation has insufficient allowances,it is required to pay a penalty of €100per tonne of CO2, and to make up theshortfall in the following year. Aninstallation can comply with itsobligations under the EU ETS by eitherreducing emissions (and selling anysurplus allowances) or buying additionalallowances. Allowances are tradedamongst installations and investorsacross the EU.

CRC Energy EfficiencyScheme (CRC)CRC is aimed at improving energyefficiency and cutting emissions in largepublic and private sector organisationsby the publication of an annual energyperformance league table.

Carbon Emissions ReductionTarget (CERT)CERT requires all domestic energysuppliers with over 50,000 customers topromote low-carbon energy solutionsto their customers, for example byproviding loft and cavity wall insulation,

or by funding renewable technologiesin the home.

Renewable Heat Incentive(RHI)Details of the RHI are yet to beannounced, but it is expected to launchin June 2011. The RHI target is toincrease heat generated by renewablesources, from the current level of 1% ofall heat generation to 12% by 2020.

Green Investment BankAs part of the Comprehensive SpendingReview, Chancellor George Osborneconfirmed the creation of a UK GreenInvestment Bank with up to £1bn ofGovernment funding. It is expected thatthe bank will fund renewable energyand low-carbon projects, with theprimary aim of encouraging privatesector investment in such projects.

Grants/subsidiesNumerous funds have been establishedby government, local authoritiesand others to provide funding forrenewables projects, particularly toassist in the development of newtechnologies.

Investment in renewables projects isbeing driven by increasing demand forrenewable energy, a direct result of thevarious schemes being implementedby governments at both national andinternational levels. Those incentives forinvestment are crucial if renewablestargets are to be achieved.

David Gilchrist, Partner at Biggart Baillie LLP, examines the factorsdriving demand and investment in renewable energy.

Out of the Red andinto the Green

As part of theComprehensive Spending

Review, Chancellor George Osborneconfirmed the creation of a UKGreen Investment Bank with up to£1bn of Government funding.

09

Highland Council’s Visualisation Standardsfor Wind Energy Developments

We live in a visually-orientated world,surrounded by photographs, videos,wide-screen High Definition TV andmore. The advent of digitalphotography has made image-makingand manipulation widely available atlow cost. Images can be airbrushed toremove blemishes, and manipulatedto change body shapes. In thecommercial world, enhancing andmanipulating images is commonplaceto make a beauty even more beautiful,or to enhance the appeal of a product.

When presenting a proposal ina planning application or anEnvironmental Impact Assessment(EIA), it is essential that the higheststandards of accuracy and objectivityare displayed in images andphotomontages. This is particularlytrue for proposals that have a highdegree of visual impact. It is importantthat any impulses of a developer tomarket or otherwise promote aproposal are checked, and for thepublic and decision-makers to bepresented with objective information.Local Planning Authorities must beable to verify visual materialsubmitted in support of planningapplications or EnvironmentalStatements. They have a duty toprovide material so that the publicand decision-makers have a clearunderstanding of what is proposed.

Landscape InstituteGuidelinesIn its 'Guidelines for Landscape andVisual Impact Assessment' theLandscape Institute states that“Photomontage may be commissionedfor a variety of purposes, for example asmarketing images conveying a generalimpression of a proposal, (where theyshould be described as (being) forillustrative purposes), or as technicallyaccurate photomontages designed toconform to the rigour of planningapplications and public inquiries. Thelatter require painstaking attention toaccuracy and detail”.

Highland CouncilInvestigationHighland Council recently undertook adetailed investigation in response toallegations by Community Councilsand the public that visualisationsof wind farm proposals weremisrepresentations. This studyincluded field tests of visualisations,detailed assessment of 18 EIAsubmissions, and technical researchand consultation with expertsincluding Professor Knill at the Centerfor Visual Science (University ofRochester, NewYork).

The investigation concluded thatgenerally the visualisations submittedin wind farm EIAs or non-technical

summaries could be misleading if notused correctly, could not be verified,conformed to no standards and wereof poor technical quality, and generallyunderplayed the visual impact ofproposals. In particular, cylindrically-projected panoramic images werefound to be distorted if viewed flat,and significantly diminished theperceived impacts of proposals.

Need for ProfessionalStandard FormatThe Council came to the conclusionthat to achieve the highest standardsof accuracy and to enable verification,a professional standard format isrequired. Standardisation of imageproduction and page size enablesverification. The requirement tosubmit camera metadata alsoenables verification of images, andcan detect if the image has beenaltered in any way.

Other studies of the best format forvisualisations1 came to the sameconclusion, that the size of the imageis the most important factor inmaking an informed judgement.All these authorities recommended aminimum image height of 20cm in asingle frame format, viewed in acomfortable and natural manner.

Details of the Highland Council's‘Visualisation Standards forWindEnergy Developments’ can befound at: http://www.highland.gov.uk/yourenvironment/planning/energyplanning/renewbleenergy/

The application of these Standards hasbeen widely praised by Councillors andthe public, and has helped to removecontention regarding the veracity ofvisualisations.

Gordon Mooney, Principal Planner, Planning and Development Service, the Highland Council, outlinesa new approach to ensuring accuracy and objectivity are displayed in images and photomontages.

© image courtesy of The Highland Council / Archtech

1 Professor Benson for SNH (2002), Symonds

Group for the Countryside Council for

Wales (2005), and the National Academy of

Sciences in USA.

DECEMBER 2010 Scottishplanner

www.rtpi.org.uk/rtpi_in_scotland/10

: FOCUS ON ENERGY

The development of ports andmanufacturing facilities foroff-shore wind turbines and otherrenewable components is a keypart of the Scottish Government’sstrategy to stimulate the‘renewables revolution’. Ensuringthat such sites and facilities aregeared up in sufficient time torespond to the needs of therenewables industry will make thedifference between successfullyattracting major inwardinvestment and losing out to otherparts of the UK and Europe.

The renewable energysector in ScotlandScotland has some of the mostfavourable energy resources inEurope.As a result, the sector isincredibly dynamic in terms ofinnovation, development anddiversification.These factors willbecome increasingly significant incoming years as Scotland’s energysector continues to evolve and face

up to new challenges. Scotland’spoliticians appear keen on using thisclean energy potential as a major toolto drive sustainable economic growth.Scottish politicians are throwing theirweight behind renewable energydevelopment as an economic driver tooffset the shrinking oil industry.

There is currently 6.5 GW of renewableenergy capacity installed or indevelopment in Scotland, but plenty ofscope to increase this – Scotland has alsoset itself ambitious targets, going beyondthose mandated byWhitehall and theEU, aiming for 50% of its electricity tobe supplied from renewable sources by2020, with an interim milestone of 31%by 2011.A range of different renewabletechnologies would allow different partsof Scotland to benefit from economicdevelopment.

The game-planIn order to try to maximise the benefitsderived from these economic measures,Scotland recently published a studyoutlining how it wants to capitalise onits substantial off-shore wind and tidalresources, and to develop a sustainableand long term industry for the future. Thereport – Scotland's National RenewablesInfrastructure Plan – identifies a range ofsites which offer the potential to helpScotland become an established locationfor off-shore wind turbine manufacturingand construction operations.

It highlights that investment in a numberof key locations over the next five yearsis key to growing a globally-competitiverenewable energy sector in Scotland, andto ensure other parts of the country canbenefit in the longer term. Some of thesites that have been identified aspotential locations for a first phase ofstaged investment include Dundee, Nigg,Energy Park Fife at Methil, Aberdeen,Kishorn and Peterhead.The NationalRenewables Infrastructure Fund (N-RIF)

The Renewables RevolutionStefano Smith (UK Planning Director, Halcrow Group) considers whether the ports andmanufacturing facilities for off-shore wind turbines and other renewables components aresufficiently flexible to attract major inward investment.

The NationalRenewablesInfrastructure Fund(N-RIF) has beenestablished tosupport andstrengthen thedevelopment of portand near-portmanufacturinglocations for off-shore wind turbinesand relateddevelopments”

Stefano Smith (left) and Colleagues© image courtesy Halcrow

has been established to support andstrengthen the development of port andnear-port manufacturing locations foroff-shore wind turbines and relateddevelopments including test anddemonstration activity, with the overallaim of stimulating an off-shore windsupply chain in Scotland. It is intendedto lever significant private sectorinvestment in the next four years, andhelp deliver an estimated 28,000 jobs,£7.1 billion in value, to Scotland’seconomy over the coming decade.Thisfund is in addition to Regional SelectiveAssistance (RSA) and other funding thatwill be available for companies creatingnew jobs in this industry in Scotland.Scottish Enterprise (SE) and Highlandsand Islands Enterprise (HIE) will lead theallocation of funding and will follow theclear approach set out in NationalRenewables Infrastructure Plan (N-RIP).

Flexibility and adaptabilityThe ports and manufacturing facilities foroff-shore wind turbines and otherrenewable components will need to besufficiently flexible to attract majorinward investment.A key issue is howto consider and assess the compatibilityof the various renewable uses andactivities on potentially a single site,given the logistical, legislative (i.e.permitting/licensing) and environmentalrequirements and constraints.

Halcrow has developed a tool to examinewhether ports, harbours and inland sitesare sufficiently flexible to accommodatesuch uses, and therefore potentially

provide an investor in such sites with theflexibility of investment. The tool appliesa Multi-Attribute Decision Analysis(MADA) methodology. It is based on thesubjective analysis of agreed criteria toinform the decision-making process.

This comparative assessment tool isinformed by Halcrow’s understandingand experience of:

• renewable and decommissioningactivities;

• perceptions and the impact they mayhave on securing different activities ona site;

• other renewable manufacturing siteswhere multiple activities take place;

• the renewable industry’s physicalrequirements for accommodating suchactivities on-site through global/localexperience;

• the development of bespokecomparative assessment tools toidentify minimum criteria that, to beconsidered acceptable, comparative/compatibility options must meet;

• the identification of ‘compatibility mix’options; and

• sensitivity analyses to assess howchanges in the weighting can affect theoutcome of the comparativeassessment

Way forwardThe renewables industry is seekingleadership and immediate support fromthe UK and Scottish Governments. Thiswill be key to maintaining momentum of,and stimulating further, the ‘renewablesrevolution’ in Scotland.An aspect ofthis will be to strengthen port andmanufacturing facilities as well asstrengthening the supply chain provisionfor manufacturing off-shore windturbines and related components. Suchlocations will need to work even harderin the current economic climate andcompetitive environment, demonstratingtheir readiness, attractiveness and abilityto respond to the needs of therenewables industry and its investors.

Scottish Government and its enterpriseagencies will play key roles in ensuringthat Scottish ports and companies areable to provide critical manufacturing,operations and maintenance services,working with site owners and publicsector partners to develop key locationsto the required specifications that willfortify Scotland’s position as a keyrenewables development location, andattract the associated renewablesinward investors.

11

Views expressed in this article are those of the author. Please do not hesitateto contact Stefano Smith on 0131 272 3300 or [email protected] if youwish to learn more about the Halcrow Comparative Assessment Tool.

Nigg, Inner Moray Firth© image courtesy Halcrow

Nigg Yard © image courtesy Halcrow

DECEMBER 2010 Scottishplanner : FOCUS ON ENERGY

The RTPI in Scotland is activelyparticipating in the updating anddelivery of planning advice onrenewable energy infrastructure.This promotes the delivery of theRTPI’s 7 Commitments to ClimateChange and assists the planningprofession who are operating inthe field of renewables.

Local Authority developmentmanagement has a key role indelivering Scottish Governmentpolicy objectives to increase thecontribution of renewabletechnologies to energy supply.Planners face pressures to meetthe imperatives of combatingclimate change and delivering oneconomic development, whilst atthe same time seeking informedand balanced decisions.

Government policy seeks 50% ofScottish energy supplies fromrenewable sources by 2020, withattendant gains for jobs andeconomic growth. Publicconfidence in this policy and thecredibility of forthcoming schemesdepend on energy output claimsbeing achievable and realisedat minimum cost to a valuedenvironment. The Scottishlandscape is a unique, world-quality asset of utmost value tothe Scots and their visitors alike.Biodiversity is a limited anddiminishing asset that can onlybe reinstated with the greatestdifficulty or not at all. Thisenvironment demands a carefuland considered approach toinfrastructure projects that maycut into these assets.

Scottish Government will soonproduce a revised PAN 45,Renewable Energy Technologiesthat will update previous adviceand provide detailed information

on each of the renewabletechnologies. It will seek to ensurethat decision-makers and plannersare equipped to make fullyinformed and balanced decisionswithin which the public canparticipate with confidence. Theadvice itself needs to keep up withthe technology, so it will bepublished in electronic form tofacilitate updates and ready access.

The RTPI, public agencies includingSEPA and SNH, and environmentalbodies such as the RSPB haveworked together (and with thegovernment) to ensure thatcarefully considered and informeddecisions lead to “gooddevelopment in the right places”.All these agencies take a policystance in support of renewableenergy infrastructure whereenvironmental harm is minimal oradequately mitigated.

Scottish Government, SEPA, SNHand the RSPB have all publisheduseful and detailed informationand advice providing the toolsnecessary to differentiate betweengood and ill-conceived projects.They have worked together toreduce the risk of conflictingadvice, information overload anddouble regulation.

Public support for energy proposalsmay be hard won, and will only begained if there is confidence thatplanning will weed out thoseschemes that add little to a viableand sustainable energy stockand/or have significant effectson the natural and humanenvironment. Planners anddevelopers are keen to stand atan open gate but both should bebrave enough to step forward andclose it on schemes that do notstand up to examination.

12 www.rtpi.org.uk/rtpi_in_scotland/

Hagshill © image courtesy of Scottish Government

Planning for Renewable Energy – findingthe right project and the right place

Sources of GuidanceScottish Environmental Protection Agency (SEPA):www.sepa.org.uk/planning/energy/ Consentabilityunder SEPA regulatory regimes/ (SEPA Guidance Note15) including /Standing advice for small scale localdevelopments/ (SEPA Guidance Note 8)/

Planning guidance on wind farm developments/(SEPA Guidance Note 4) /

Planning guidance on hydropower developments/(SEPA Guidance Note 18) including /

Guidance for applicants on supporting informationrequirements for hydropower applications/www.sepa.org.uk/water/hydropower/ Guidance fordevelopers of run-of-river hydropower schemes(consultation draft, to be adopted by end 2010).

Scottish Natural Heritage (SNH):www.snh.gov.uk/planning-and-development/renewable-energy

These pages provide information and guidance on off-shore wind, on-shore wind, bio-energy, marine, hydro,micro-renewables and related research.

Royal Society for the Protection of Birds (RSPB):www.rspb.org.uk/ourwork/policy/windfarms/ and/Scotland’s Renewable Future/ and /The power ofScotland: cutting carbon with Scotland’s renewableenergy/ provide useful background /

New map to ease conflict between wind farms andwildlife/ and /bird sensitivity map/ and /bird sensitivityreport/ 2006, RSPB and SNH plus local consultation.

Hilary MacBean, a member of the Scottish Executive Committee of the Royal Town Planning Instituteand an independent planning consultant, considers the challenges and available guidance.

13

The on-shore wind component hasgrown over the last 5 years, and nowforms the majority of Scottish renewablegeneration. However, it faces a multitudeof tough challenges if it is to continue todeliver the bulk of Scottish renewablegeneration. The renewables industry isstill relatively new, with investmentdependent (particularly in the currentfinancial climate) on the retention andstability of the Renewables Obligation(Scotland). As the available areas of leastconstraint for on-shore wind decrease,development must adapt to find thebest way of achieving good design inmore sensitive environments. Equally,Scottish Government and localauthorities must find ways of balancingsometimes competing policy agendas.

In order to set a context for thegeneration of renewable energy inScotland, it is important to understandScotland’s obligations to generaterenewable energy. These include a policyframework for renewable energydevelopment incorporating:

• Meeting The Energy Challenge,White Paper (published May 2007);

• Climate Change (Scotland) Act 2009;

• The Renewables Action Plan(published in June 2009);

• Towards a Low Carbon Economy forScotland: a Discussion Paper (publishedMarch 2010); and

• The National Renewable Energy ActionPlan for the UK (published July 2010).

This context informs both thedevelopment planning and developmentmanagement processes.

Scottish Government continues topromote a more speedy, efficient andinclusive planning system. This hasundoubtedly contributed towards thedelivery of renewable energy targets,and Local Authorities need to ensurethat adequate weight is given to them

in reaching decisions on individualschemes. Up-to-date Local DevelopmentPlan Frameworks are required whichbalance national targets with localcircumstances. AppropriateSupplementary Planning Guidanceshould then support the delivery ofthe targets.

Wind farm developers need toparticipate in Local Development Planpreparation and Supplementary PlanningGuidance production as they comeforward. Greater partnership working,sharing knowledge and skills, will assistthe delivery of projects and attainmentof targets.

To meet its targets by 2020 ScottishGovernment must also positivelysupport and provide resources for localauthority planners and planningcommittees.

Scotland needs a clear planningframework for on-shore wind. The taskahead requires greater partnership-working between Scottish Government,local authorities and the RenewablesIndustry in Scotland to ensure delivery.

To find out more about the Networkand Interest Group, visitwww.rtpi.org.uk/environmental

First Minister Alex Salmond announced on 23 September that Scotland'srenewable electricity target for 2020 would be raised from 50 to 80%.Scottish Government considers that significantly higher levels ofrenewables could be deployed by 2020 with little change to the currentpolicy, planning or regulation frameworks in Scotland.

Delivering the ScottishGovernment’s 80% RenewablesTarget : the contribution ofon-shore wind

© image courtesy Scottish Government

By Gareth Mills, a member of the RTPI’s Environmental Planning &Protection Network’s Energy & Planning Interest Group.

DECEMBER 2010 Scottishplanner

14 www.rtpi.org.uk/rtpi_in_scotland/

: VIEWSAND NEWS

Scottish Renewables welcomesreview of PAN 45

The Scottish Government BuiltEnvironment Directorate approachedScottish Renewables at the beginningof May 2010 to discuss how the tradeassociation could feed into the reviewof PAN 45. The Scottish RenewablesPlanningWork Group agreed that, whilethe industry welcomes the review, itis imperative that the PAN remainswithin its remit – to provide practicalguidance both to planning authoritiesand the industry.

Revised Guidance NeededPAN 45 (revised 2002) RenewableEnergy Technologies currently embraces:

Annex 1: Planning for Micro Renewables(2006) and Annex 2: Spatial Frameworksand Supplementary Planning GuidanceforWind Farms (2008).With the speedat which renewable technology isadvancing, Scottish Government rightlyfeels that the current PAN is out of dateand may be stifling innovation at a locallevel. At 105 pages the current PAN is

lengthy and contains much superfluousmaterial. There is also a concern forpossible confusion, since there is no clearguidance about when developers shouldengage with stakeholders.

Focus on key principlesScottish Government’s ethos is to scaleback the amount of planning advice inthe PAN, and to focus on key principlesand matters of national interest to allowsolutions to be developed. ScottishGovernment hopes that, post review,the PAN will offer more proportionateand effective advice. This streamlinedapproach has the backing of governmentagencies, the private sector, and localplanning authorities alike, withpartnerships such as the Forum forRenewable Energy DevelopmentScotland (FREDS) being used to identifywhere there is a critical need for advice.

Since meeting with the ScottishRenewables policy team, during which anumber of concerns were discussed,

Scottish Government has providedrelevant Scottish Renewables workinggroups with a draft copy of the newPAN. Scottish Renewables fed itsconsultation response to ScottishGovernment in early October, and it isanticipated that the revised version ofPAN 45 will be published before theend of the year.With this in mind theScottish Renewables PlanningConference on 7 December held inassociation with the Royal TownPlanning Institute in Scotland,examined the review of PAN 45.

Towards a Low CarbonEconomyThe conference was also anopportunity for Scottish Renewablesto launch its Planning policy paper,setting out recommendations toScottish Government ahead of nextyear’s Holyrood elections. Drivingthe Low Carbon Economy highlightsthe need for early pre-applicationconsultation, and calls for continuedgovernment commitment toresourcing a competent and thoroughplanning system. Copies of the policypaper are available fromwww.scottishrenewables.com

With nearly 4 gigawatts of renewableenergy projects currently in planning, itis imperative that the industry engagesclosely with local government planners,increasing communication andencouraging information exchange onplanning matters, dealing with manycross-cutting and relevant issues ofvalue to both planners and therenewables industry alike.

The hope is that, post-modernisation,Planning Advice Notes including therevised PAN 45 will become moresuccinct, user-friendly documentsoffering guidance on new technologiesand processes, with clarification of theroles of planners, consultees andenabling development.

[email protected]

© image courtesy Scottish Government

By Rosie Vetter, Policy Manager for Onshore Wind and Planningat Scottish Renewables.

15

The inaugural meeting of the Directorate for Planning andEnvironmental Appeals (DPEA) Stakeholder Forum took placein early November.We established this group to help andchallenge us to improve our customer service. Forummembers1 are drawn from organisations that have a direct andongoing interest in our work, and they have committed to:

• support the development and implementation of our serviceimprovement agenda;

• give us a better understanding of the needs andexpectations of those who use our service; and

• give us direct feedback on our performance, including theway we do business.

Although we were not able to go into the details of individualcases, there was plenty to talk about.We discussed the wayin which the nature of our casework has changed since thereforms to the planning system came into force, the impactof removal of the right to be heard, our experience ofDevelopment Plan Examinations and how we areimplementing our Service Improvement Plan.

We always expected the reforms would lead to a reducednumber of appeal cases with an oral process. So far just 3% ofappeal decisions under the new process have followed eithera hearing or inquiry session. Most decisions have been madeafter the reporter’s review of the written evidence and a sitevisit. Before the new regulations came into force, around 11%of cases went to either a hearing or a public local inquiry.

A number of members of the Forum had direct experienceof working on appeals under the new regulations. Theyrecognised that most cases pass through the systemsmoothly, and in good time, but they expressed somereservations about the complexity of the new appeal processfor large-scale cases involving a mix of different procedures,

particularly those with overlapping time scales. Some foundthat such cases could be difficult to follow, time-consumingand unduly expensive.We want to deliver appeal decisions ina proportionate and efficient manner, and have agreed toreview and learn lessons from the small number of multi-process cases that we have had so far.

The Forum was interested in our quality assurance measures,and in the opportunities available for reporters to learn moreabout key aspects of the development industry, such asfinancial viability and deliverability.We discussed the value ofour case file website www.dpea.scotland.gov.uk and agreedthat it would be helpful if papers from all case types weremade available to parties through this system.We haveagreed to provide information about the frequency withwhich parties ask for cases to progress through either ahearing or inquiry session, and how often this request is notsupported by the appointed reporter. We have asked theForum to consider the content and format of our annualreview, and we intend to look at this is some detail at ournext meeting, in April 2011.

We found the opportunity to have a round table discussionwith stakeholders immensely valuable, and they have givenus plenty of food for thought. No doubt the Forum willhold us to account on the issues they raised, and we willpublish a note of each Forum meeting on our website athttp://www.scotland.gov.uk/Topics/Built-Environment/planning/decisions-appeals/Appeals

We know that, by the nature of our work, decisions taken byreporters are often controversial.We can’t revisit decisionsthat have been made, but we genuinely welcome feedbackfrom all users of our service about how we do our business.If you have any comments to make, please e-mail us [email protected].

Stakeholders have their say

© image courtesy of Oonagh Gil.

Lindsey Nicoll, Chief Reporter, and Oonagh Gil, Deputy Chief Reporter, outline lessonslearned at the newly established DPEA Stakeholder Forum.

1 Member organisations are: Royal Town Planning Institute, Royal Institution of Chartered Surveyors, CBI Scotland, Planning Aid for Scotland, Heads of Planning Scotland,Scottish Planning and Environmental Law Bar Group, Scottish Environment Protection Agency, Homes for Scotland, Scottish Property Federation, Scottish RenewablesPlanning Work Group, and Society of Local Authority Lawyers and Administrators in Scotland.

A number ofmembers of

the Forum haddirect experienceof working onappeals under thenew regulations.They recognised thatmost cases passthrough the systemsmoothly.

DECEMBER 2010 Scottishplanner

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News and events

: VIEWSAND NEWS

Central Scotland Green Network(CSGN)

Reflections on the NGO Event10 November 2010

As billed, this was an event designed tokeep the NGO organisations on board –with success I believe. Keith Geddes gavea good progress report and brought theaudience up to date so far. He wasfollowed by Roseanna Cunningham MSPwho sought commitment from NGOs tosupport the CSGN – the biggest projectof its kind in Europe.

Dr Helen Zealley followed with ‘Deliveringthe Vision Together?’ Building on thethrust of the recent CSGN consultationdocument, she illustrated her talk withabout 10 case studies illustrating thekinds of things that NGOs could bedoing. She emphasised the importance ofseeking to have sustainable developmentideas embedded in Single OutcomeAgreements.

Mike Smith (Forest Research) followed, onthe theme of Linking Action to Learning :Decision Support to Optimise Networks.

Recent Events

Mike is involved in using new softwaretechniques to help identify IntegratedHabitat Networks (IHNs). He aspires to seesocial and environmental modellingtechniques brought together.

The CSGN will focus on a limited number ofpriorities, including a Cross ScotlandWay(John MuirWay – already started Dunbar toNorth Berwick), training and employmentinitiatives for young people, and achievinggreen planning gain. Funding of £1 millionhas already been secured to provide pump-priming resources, and the opportunity forWind Farm developments to exploit Feed-InTariff is another possibility.

The CSGN will only succeed if it buildsbridges between organisations, and helps toalign resources in complementary ratherthan competitive ways. Support is soughtfrom across the NGO and communitiessectors, challenging them to exploit theirland holdings and maximize use; includingthrough community growing projects(allotments).While the current financialclimate is a major concern, every £ spent willdeliver more down the line, so we also needto appreciate the cost of inaction.

John Walls

Glasgow and Clyde Valley StrategicDevelopment Plan : Main Issues Report

Stuart Tait, Assistant Strategic DevelopmentPlan Manager, gave theWest of ScotlandChapter an interesting and entertaininginsight to the GCV Main Issues Report at theend of October. He observed that it’s thefirst time that the team have done an MIRunder the new regime, so there are manyunknowns. He also noted that it has arrivedin the middle of the recession so that manyof the legacies from earlier strategic plansstill have not materialised.

The presentation led to a very lively debateon housing, transport and environmentalissues. Stuart’s concluding words addressedthe need to manage risk. The GCV SDP isnot a delivery body – it doesn’t have controlover public finance, it doesn’t have financefor development – but in the absence ofthese factors, it is seeking to set out thestrategic fundamentals by identifyingdelivery priorities important to the region.

The consultation runs to the end of January2011. A copy of the MIR can be viewed at:http://www.gcvsdpa.gov.uk/mir/

John Walls

RTPI News

A fond farewell to Melville StreetThe RTPI will be moving its Edinburgh office to smaller premises in the New Year.© image courtesy Charles Strang.

17

Jim Boyack Memorial Trust confersEighteenth Award of £1,500

Andrew Ballantine, this year’s beneficiary ofthe Jim Boyack Memorial Trust, is a studenton the MSc course in Rural Planning andEnvironmental Management at theUniversity of Aberdeen. He graduated (June2010) from the University of Edinburgh witha 2:1 in Geography.Andrew has a keeninterest in the making of urban and ruralspaces and places, and the impacts that thisplace-making process has on individuals andsociety at large. This interest led him to hispostgraduate masters studies where he says,‘I have an excellent opportunity to specialisein rural planning – which interests me most –and also to broaden my knowledge andunderstanding of planning theory andpractice. All in all, planning plays such asignificantly important role in shaping oururban, rural (and wild) environments, and forme the opportunity to contribute to thiscrucial, multi-faceted process would beextremely exciting and rewarding’. A furtherpart of the bursary will be a place, sponsoredby the RTPI in Scotland, at the YoungPlanners’ Conference in spring 2011.

The Memorial Trust was established inmemory of Jim Boyack, Senior Vice-Presidentof the RTPI Scottish Branch at the time of hisdeath in August 1990, in gratitude for his lifeand distinguished work, enthusiasm andcontribution towards the planning professionin Scotland.

Since 1993 the Trust has made eighteenannual awards disbursing some £12,000.Studying for a planning degree takesdedication and requires significant financialoutlay. The Award has eased this financialburden for eighteen young people, allowingthem to progress their studies with greaterconfidence and security. The beneficiaries arelisted in the Trust’s Annual Report.Beneficiaries have been planning students atthe Universities of Aberdeen, Dundee, Heriot-Watt and Strathclyde; eight have beenpostgraduates, ten undergraduates; and thegender split has been twelve males and sixfemales.

The Trustees are concentrating on accruingcapital, (which currently exceeds £30,000)and on attracting regular income from thosewho kindly contribute through Gift Aid. Italso receives donations at RTPI in Scotlandevents. Copies of The Trust’s Annual Report,

Gift Aid andWill Legacy forms can beobtained from the author.

Janet Brand, Honorary Secretary to theJim Boyack Memorial [email protected]

Urban Design Students Move to the Barras

This year Strathclyde University have openedtwo Urban Design studios in the BarrasCentre, a recently refurbished complex rightin the core of the old market.

Professor Sergio Porta and Dr OmbrettaRomice of Strathclyde University's UrbanDesign Course said ‘the provision of twobeautiful units in the Barras Centre, throughthe sponsorship of Glasgow City Council,the Barras Trust and Rock Development, is agreat boon to the students as they are nowworking in the area they are studying –Glasgow's East End. Students are enthusiasticand they have never worked harder nor moresuccessfully.'

A chat with a number of students confirmedhaving their study area on the doorstep wasa great advantage especially when consultingthe community. The course continues todevelop and innovate, and it is clear that thestudents enjoy rising to the challenge. Theyare acquiring a useful set of skills for a futurecareer in urban design.

Every activity in the course this year is fullyopen to the public, including lectures andexaminations. An exhibition in Novemberwas held to show off the first tranche ofwork (the analysis stage) to anyone whowas interested, including sponsors andstakeholders; food, drinks, nibbles and musicwere part of the fun. This will be repeated onevery exam day this academic year.

John Walls

Other News and Events

Scottish Government NewsStatutory instruments on planning obligations, good neighbour agreements and treepreservation orders are due in December, along with an update of the regulations ontypes of appeals decided by reporters.

The Scottish Government has appointed an experienced team from GVA Grimley (inassociation with DLA Piper, Ogilvie Group Developments and Turner & Townsend) toexplore the potential of development charges in Scotland. This is potentially a verysignificant piece of research.We hope to share the outputs early next year.

Andrew Ballantine received his Jim Boyack Memorial Trust Award cheque for £1,500 from ProfessorBill Neill at the Centre for Planning and Environmental Management at the University of Aberdeen.

DECEMBER 2010 Scottishplanner

18 www.rtpi.org.uk/rtpi_in_scotland/

Policy briefing

PUBLICATIONS

CONSULTATIONS

Inquiry into Future Fisheries Management.(04/11/10)

� Modelling Scenarios for CAP Pillar 1 AreaPayments using Macaulay Land Capabilityfor Agriculture (& Less Favoured AreaDesignations) [Publication]This analysis was commissioned to provideevidence to the Inquiry into FutureAgricultural Support for Scotland andconsiders the redistributive impacts ofalternative scenarios for area payments underan area-based CAP Pillar 1 scheme.(03/11/10)

� The Road Ahead For Scotland: FinalReport of the Inquiry into Future Supportfor Agriculture In Scotland [Publication]Brian Pack’s Inquiry into future support forScottish agriculture. (03/11/10)

� Energy Storage and Management Study[Report]Energy Storage and Management Study.See Climate Change Corner

� A Scottish Farm-based Greenhouse GasAccounting Tool [Publication]See Climate Change Corner

SCOTTISH GOVERNMENTPUBLICATIONS

� A Guide to Planning Appeals in Scotland[Info Page]Information about appealing planning –related decisions or notices. (19/10/10)

� Directorate for Planning andEnvironmental Appeals: Review of the Year2009-2010 [Publication]Directorate for Planning and EnvironmentalAppeals Annual Review 2009-2010.(14/10/10)

� Carbon Assessment of the 2011-12Draft Budget [Publication]See Climate Change Corner

� Draft Electricity Generation PolicyStatement 2010: Scotland – A Low CarbonSociety [Publication] See Climate ChangeCorner

� Low Carbon Scotland: The Draft Reporton Proposals and Policies: Scotland – ALow Carbon Society [Publication] SeeClimate Change Corner

� Public Spending in Scotland: Engagingwith the People of Scotland [Publication]Summary of the views gathered from themany discussions, comments posted on theScottish Government’s online forum and thebudget consultation meetings. (17/11/10)

� Scotland’s Spending Plans and DraftBudget 2011-12 [Publication](17/11/10)

� Health in Scotland 2009 Time forChange: Annual Report of the ChiefMedical Officer [Report] (16/11/10)

� A Low Carbon Economic Strategy forScotland: Scotland - A Low Carbon Society[Publication] See Climate Change Corner

� Rural Funding: Opportunities Guide[Publication]Guide listing organisations for communitieslooking to access funding. (12/10/10)

� The Future of Fisheries Management inScotland: Report of an Independent Panel[Publication]The Future of Fisheries Management inScotland: Report of an Independent Panel

Current consultations to which theInstitute may wish to respond are listedbelow.They can also be viewed on theScottish Government website atwww.scotland.gov.uk/Consultations/Current.

To assist the Institute in preparingrepresentative responses, Members areinvited to contribute their views by postor email – see contact details on p2, oron the RTPI website – ideally no less than14 days prior to the end of theconsultation period.The Institute’sScottish responses can be found atwww.rtpi.org.uk/item/760/23/5/3.

CONSULTATIONS FROMTHESCOTTISH GOVERNMENTAND OTHER PUBLIC BODIES

� Getting the best from our land: a draftland use strategy for ScotlandThe Strategy sets out a vision for the roleof Scotland’s land in support of aprosperous and sustainable low-carboneconomy. The Strategy is about developinga shared agenda for public bodies,businesses, environmental bodies,communities and individuals, with acommon goal of sustainable economicgrowth. The intention is to balance theoften competing demands made uponScotland’s land in an integrated way.A set of principles for sustainable land useis proposed, designed to help all thosemaking decisions and choices about land

uses. (17/12/10) And Land Use Strategy:Strategic Environmental Assessment(17/12/10)

� Sustainability labelling withinbuilding standardsThe Scottish Government has developed asystem of labelling that gives recognitionto achieving compliance with the 2010building standards as a base level ofsustainability, as well as defining optionalhigher levels. (24/12/10)

� Householder Permitted DevelopmentRightsThis consultation paper concerns therelaxation of planning controls ondevelopment in relation to existingdwellinghouses, thus removing the needfor planning applications. (14/01/11)

� Amendments to the ModernisedPlanning SystemA consultation on changes to themodernised planning system, including:options for changes to requirements onPre-Application Consultation, neighbournotification and advertising of planningapplications, additions to consultationrequirements, and a number of more minoramendments. (29/01/11)

� Scottish Marine Regions - definingtheir boundariesSets out examples that exist currently fordividing the sea into regions, and discussesthe possible approaches to identifying

Scottish marine regions for marine planningpurposes. (18/02/11)

FORTHCOMINGCONSULTATIONS� Right to Adapt Common Parts in ScotlandConsultation on the use of regulation-makingpowers under section 37 of the Equality Act2010 to ensure that disabled people have aright to adapt common parts of premises inScotland. (Autumn 2010)

� Adapting to the Changing Climate:Consultation on Environmental Impacts ofAdaptationInvites responses on the EnvironmentalAssessment of a set of 12 draft adaptationSector Action Plans. (Autumn 2010)

� Implementing Scotland’s Zero WastePlan: regulatory measures to requireseparate collection of waste materials, andrestrict disposal in landfill and input toenergy from waste facilities.Proposes regulatory changes intended to helpdrive high levels of waste prevention, reuseand recycling. (Winter 2010/11)

� Extension of Permitted DevelopmentRights and Permitted Changes of Use toFinfish and Shellfish Developments.Proposes to allow fish farm operators to makea number of minor changes to their farmswithout needing to obtain local authorityplanning permission. (Winter 2010/11)

� A Digital Ambition for Scotland[Publication]Setting out the Scottish Government'sambitions for the digital economy. (22/10/10)

� Conserve and Save: Energy EfficiencyAction Plan [Publication]See Climate Change Corner

SCOTTISH PARLIAMENTPUBLICATIONSSPICE Briefings

These are written by research specialists in theScottish Parliament Information Centre (SPICe).SPICe research briefings are for use by MSPs insupport of parliamentary business in theCommittees and in the Chamber, and are alwaysimpartial. Briefings can be browsed either bysubject or by date of publication.

� SB 10-71 Private Rented Housing(Scotland) BillThe Private Rented Housing (Scotland) Billseeks to amend the private landlord registrationscheme and the Houses in Multiple Occupationlicensing scheme. The Bill would also introducea new statutory overcrowding notice that localauthorities could use to address overcrowdingin their areas. Finally, the Bill seeks to amendthe legislation relating to the private sectortenancy regime and related matters.Thisbriefing provides background to the Bill, detailsof the Bill’s provisions, and information onresponses to the consultation on the Bill.(03/11/10)

� SB 10-70 Housing (Scotland) Bill: asAmended at Stage 2This briefing is intended to provide a summaryof the main issues raised during Stage 2consideration of the Housing (Scotland) Bill,and the amendments agreed. It does not seekto outline all of the issues debated oramendments made. SB 10-19 Housing(Scotland) Bill provides further information onthe Bill as introduced. (27/10/10)

� SB 10-64 Biodiversity and EcosystemServicesThis briefing provides some background to theUnited Nations International Year ofBiodiversity taking place this year, and thenhighlights three aspects of biodiversity. First,progress by Scotland, the UK and the EUtowards meeting the target to halt the declinein biodiversity by 2010. Second, the cost offailure to protect biodiversity, and finally, thenext meeting of the conference of the partiesto the Convention on Biological Diversity inJapan. (12/10/10)

� SB 10-63 Sea Fishing: Quotas for 2011This briefing has been prepared for members ofthe Rural Affairs and Environment Committee. Ithighlights some of the important issues in theautumn 2010 fisheries negotiations at whichdecisions on fishing quotas and limits on fishingtime will be made for 2011. (07/10/10)

19

CLIMATE CHANGE CORNERIf space permits, each set of policy pages fromthe Scottish Planner will have a corner devotedto Climate Change matters, giving additionalemphasis to those consultations andpublications addressing issues of ClimateChange mitigation and adaptation, and sharingboth problems and solutions.What keyreferences and sources do you use? Tell usabout them so we can share them with otherpractising planners!

� Climate Change Compendium (RTPI) TheRTPI’s seven commitments on climate changepromotes the vital role that planning must playin adapting to and mitigating against climatechange. The Compendium supports this.Browse through the accompanying pages tosee all the entries and then share your ownexamples of best practice, questions and(missing?) links with [email protected] aswell as with us at [email protected].

� Carbon Assessment of the 2011-12Draft Budget [Publication]High-level carbon assessment of the DraftBudget calculating the direct and indirectemission consequences of the Government'sspending proposals. (17/11/10)

� Draft Electricity Generation PolicyStatement 2010: Scotland – A Low CarbonSociety [Publication]This report sets out the Scottish Government'slatest position on the role of renewableelectricity and fossil fuel thermal generation(coal, gas, oil) in Scotland's future energy mix.It gives a clear view on the need for both rapidexpansion of renewable electricity acrossScotland and the underlying requirement fornew efficient thermal capacity in this lowcarbon generation portfolio. (17/11/10)

� Low Carbon Scotland: The Draft Reporton Proposals and Policies: Scotland –A Low Carbon Society [Publication]The Draft Report on Proposals and Policies

fulfils the duty placed on Scottish Ministers bysection 35 of the Climate Change (Scotland)Act 2009 by detailing the policies that arealready in place to cut emissions, and furtherproposals to enable Scotland to meet theannual emissions targets from 2010 to 2022.(17/11/10) And Low Carbon Scotland: TechnicalAppendix: Scotland - A Low Carbon Society[Publication]

� A Low Carbon Economic Strategy forScotland: Scotland – A Low Carbon Society[Publication]The Low Carbon Economic Strategy (LCES) isan integral part of the Government’s EconomicStrategy to secure sustainable economicgrowth, and a key component of the broaderapproach to meet Scotland’s climate changetargets and secure the transition to a lowcarbon economy in Scotland. (15/11/10)

� Energy Storage and Management Study[Report]Energy Storage and Management Study.(02/11/10)

� A Scottish Farm-based GreenhouseGas Accounting Tool [Publication]This report documents the methods, resultsand conclusions of the Farm-BasedGreenhouse Gas (GHG) Accounting ToolResearch Project, and introduces and discussessome of the wider organisational GHGaccounting and reporting topics that affect thesector. (29/10/10)

� Conserve and Save: Energy EfficiencyAction Plan [Publication]The EEAP sets out a wide-ranging programmeof activity on behaviour change, household,business and public sector energy efficiency,infrastructure, skills, and finance. (08/10/10)

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