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PLANNING Bulletin: Issue No 22 December 2003
Strategic Environmental Assessment - Update A research report giving advice and methodology for the Environmental Assessment of Development Plans was published in August, paving the way for the Regulations next July. As part of a recently announced 2 stage process, the Regulations will ensure the requirements of the EU Directive 2001/42/EC (referred to as the Strategic Environmental Assessment Directive) are met under Scottish Legislation. The second stage will see the Regulations replaced by an Act which will deliver the Scottish Executive Partnership Agreement to go beyond the Directive by covering all new strategies as well as plans and programmes across the public sector. Copies of the report have been sent to councils and it is also available on the Executive's web-site at http://www.scotland.gov.uk/library5/planning/eadp-00.asp . Planning Division is interested to hear about how the report has been applied in practice with a view to providing updated advice after the regulations come into force. Comments should be sent to Nick Evans (e-mail to nick.evans@scotland.gsi.gov.uk ). For further information on the SEA Regulations or Bill process please contact Jon Rathjen (email to Jon.Rathjen@scotland.gsi.gov.uk ) |
Fish Farming
 In March 2003, Royal Assent was given to the Water Environment and Water Services (Scotland) Act 2003. Section 24, when enacted, will extend planning controls to marine fish farming, including finfish and shellfish farming. The Executive is engaging with key stakeholders, including local authorities and business and environmental interests, on a number of complex issues before the publication of a consultation paper in 2004. The Highlands and Islands Aquaculture Forum forms the basis of this stakeholder group. The consultation paper will lead to the introduction of secondary legislation into the Scottish Parliament in 2005. |
Minerals
The existing planning framework for mineral extraction will come under close scrutiny next year as the Executive take forward a number of initiatives aimed at ensuring that Scotland's need for minerals is reconciled with its wider sustainable development and environmental justice agendas.
A review of National Planning Policy Guideline 4: Land for Mineral Working was announced on 25 September 2003. It will be informed by research published last year on the effectiveness of NPPG 4. The research points to "evolutionary" rather than "revolutionary" change. A consultative draft is expected to be issued in Spring 2004.
The Executive has appointed DKA Planning to undertake research on the operation and effectiveness of NPPG 16: Opencast Coal and Related Minerals. The final report will be published shortly. An announcement will be made at that time on how the Executive intend to respond to the research's findings.
Existing planning legislation does not allow planning authorities to recover the costs of monitoring and enforcing planning conditions. A consultation paper was issued on 21 October 2003 which seeks views on how to improve existing arrangements. The closing date for responses is 27 February 2004.
Cairngorms National Park
The Scottish Parliament has formally designated the Cairngorms as Scotland's second National Park. It includes some of Scotland's most attractive landscape within an area of 3,800 square kilometres and is home to some 15,000 people.
The Cairngorms National Park Authority came into operation on 1 September 2003. It will prepare a National Park Plan setting out its policy for managing the Park and co-ordinating its functions and the functions of others. It has responsibility for preparing a Local Plan and, in terms of development control, has to be notified by Councils of planning applications received within the Park area. It then has three weeks to decide whether to call-in an application for its determination. The Park Authority and the Councils have agreed a D.C. Protocol on procedural arrangements and the types of applications likely to be called-in.
The Park Authority has a planning staff complement of a Planning Manager, three Planners and a Technician.
SPP - Planning for Rural Development
 Work is progressing on a review of NPPG 15 to produce an SPP on Planning for Rural Development. This follows the publication of the research into the evaluation of NPPG 15 published in May. The work is being progressed through a consultative core group comprising business, farming, environmental and local planning authority interests. A wider sounding group comprising the majority of stakeholder interests in rural development has also been convened and met on 20 November. Following feedback from both groups, the draft SPP will be published in January 2004.
The SPP will address the main issues identified in the research and develop policy in a number of important areas. A PAN on Rural Diversification will also be produced and a research report on rural planning typologies will also be published along with the final SPP in the summer of 2004. |
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