Planning Modernisation and Micro-Hydro

FREDS Micro-Hydro Sub – Group29th June, 2010

Allen HughesDirectorate for the Built EnvironmentScottish Government

Structure of Presentation

1. Why planning modernisation was needed

2. A new role for planning and a new type of planning system

3. A new role for Scottish Government

4. Operational aspects of planning modernisation

5. Opportunities for the micro-hydro sector

1. Why Planning Modernisation was Needed...

Prior to reform, despite many examples of good practice, planning was perceived as:– bureaucratic, slow, a barrier to development – unresponsive to environmental & social needs– undemocratic, unfair and confusing

Development plans were often out of date and didn’t provide clear guidance for developers

2. A New Role for Planning…

Planning had and has potential! Planning has a pivotal role in delivering Scottish

Government’s central purpose of increasing ‘sustainable economic growth’

It was a priority action, in light of recession This role continues to be recognised in the latest

Economic Recovery Plan (March 2010)

A New Type of Planning System

This new role requires a new ‘type’ of planning system, one that is:

fit for purpose, efficient, inclusive, sustainable simpler, quicker, transparent able to provide support for business ‘enabling’ rather than simply ‘regulatory’

3. A New Role for Scottish Government

(i) Key tasks in introducing planning modernisation:

Bringing forward planning reform legislation Re-shaping the structure of the planning system Setting out new roles and responsibilities

(ii) Further tasks post-modernisation:

‘boxing clever’ with limited resources rationalising planning guidance

• focussing on national interest & key principles, allowing solutions to be developed locally

sharing good practice, finding new ways to innovate and add value

strategic partnerships like FREDS

(iii) A re-aligned role in working with planning authorities:

proportionate advice on MIRs, development plans and SPG (including renewables)

proportionate involvement in planning casework less regulation of planning authorities tackling constructively main areas of inefficiency

(iv) Changing mind-sets:

Getting individuals to fully embrace and commit to culture change

Getting planners to work more collaboratively with the private sector

Finding new ways to innovate and add value Unlocking planning’s potential Restoring confidence in the planning system

4. Operational Aspects of Planning Modernisation

Planning etc (Scotland ) Act 2006 introduced framework for modernised planning process

National Planning Framework 2 (2009) Consolidated Scottish Planning Policy published in

February 2010 Suite of Planning Circulars on new procedures Consolidated PAN series on technical planning matters

…will cover some elements of this…

(i) Scottish Planning Policy: Consolidates old SPPs e.g. SPP6 Renewables Supports 50% renewable electricity and 11%

renewable heat 2020 targets Delivers Climate Change(S)Act 2009 obligations Supports diverse range of renewables Identifies potential for small run-of-river Identifies potential for community renewables References SEPA’s Controlled Activity Regs

(ii) National Planning Framework 2:

Statutory spatial framework Vision for joined up planning and development

regime up to 2030 Action programme Commitment to renewables 14 National Developments Electricity grid reinforcements

Capacity upgrades Overhead lines and substations Scotland-England interconnectors Reinforced or new sub-sea cables

(iii) NPF2: Grid reinforcements:

(iv) New Planning Circulars:Most relevant Circulars for FREDS Micro- Hydro: Circular 1 2009 Development Planning Circular 4 2009 Development Management Procedures Circular 5 2009 Hierarchy of Developments Circular 6 2009 Planning Appeals Circular 7 2009 Schemes of Delegation and Local

Reviews Circular 8 2007 EIA (Scotland) Regulations 1999 Circular 1 2010 Planning Agreements

(v) Development Planning:

The Development Plan

Strategic Development Plans

Local Development Plans

Supplementary Guidance

Monitoring Statements

Development Plan Schemes and Participation Statements

Action Programmes

Non-statutory Guidance

(vi) Development management:

National, Major

and Local

developments 9 Classes of Major

Developments No scope for local

interpretation Major if Sched.1 EIA

development or capacity of generating station exceeds 20MW

National Devts

designated in the NPF

Major DevelopmentsDefined in Classes

in the Hierarchy Regs with size / area thresholds

Local DevelopmentsDefined in the Hierarchy Regs

as all development which is neither national nor major

(vii) Appeals, Schemes of Delegation and Reviews

Appeals/reviews now within 3 not 6 months Schemes of Delegation allow decisions by

officers for applications within the category of local developments

Local Reviews - for decisions taken under SofD: applicants have right to review rather than appeal

(viii) Planning Agreements

More open and transparent process Opportunities for public involvement through

development planning process Development plans to provide clarity on infrastructure

requirements Early identification of expected contributions from

developers in SPG Must meet policy tests set out in Circular 1/2010 Speedier decision making following finalisation of

agreements

(ix)PAN Renewable Energy Technologies:

To consolidate and update by the end of the year: PAN45 Renewable Energy Technologies (2002), Annex 1: Planning for Micro Renewables (2006) and Annex 2: Spatial Frameworks and SPG for Wind Farms (2008)

Key challenges, in terms of hydro: Focus on key principles & advice - signposting technical info,

other guidance, good practice, SEPA’s CAR Regs etc. Keeping PAN up-to-date –move to web-based PAN Advising on how new planning processes can be used to

deliver appropriate hydro schemes quickly and effectively; Spatial planning for hydro to handle cumulative impacts; Supporting local solutions and community renewables; Potential extension of planning to cover hydro up to 50MW?

5. Opportunities for Micro-Hydro:

(i) Development Planning:

Can influence the planning authority’s spatial and policy strategy for micro-hydro in MIRs, SDPs, LDPs, SPGs

At least 2 public engagement stages before plan adoption - ‘tune in’ to participation statements

Up to date development plans should guide change, identify commercial opportunities and offer greater certainty to applications

Action programmes by PAs to help bring development opportunities to fruition

(ii) Development Management:

More opportunities for early discussion with planner, as reform supports constructive pre-app engagement

Faster local decision making with schemes of delegation More proportionate demands (Pre-application

consultation only required for major applications) Processing agreements for more complex schemes More transparent & effective processes, E-planning and

clear decisions in notices and reports of handling Appeals locally to Local Review Bodies for local solns

Summary & Conclusions Modernisation is about efficiency & transparency The target is sustainable economic growth There is an embedded commitment to supporting

hydro and other renewables Planning is aiming to be more enabling,

proportionate, local and partnership focussed – grasp the opportunity!

Sharing best practice will enhance the system Planning modernisation is a live work programme

– Rome wasn’t built in a day!!

Micro Hydro and PD Rights

Short introduction to pre-consultation on permitted development rights for microgeneration technology on non-domestic properties…

including structures to house micro hydro turbines (not including the hydro turbine).