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ANNEX E
DEVELOPMENT MANAGEMENT CONSULTATION: PARTIAL EQUALITIES IMPACT ASSESSMENT
1. Equality Impact Assessment ( EQIA) is about considering how policy (by policy we mean activities, functions, strategies, programmes, and services or processes) may impact, either positively or negatively, on different sectors of the population in different ways.
2. The Scottish Government is committed to ensuring that the planning system is designed and delivered in a way that is sensitive and relevant to the diverse needs and experiences of all people living in Scotland. We will consider and address the impact of policy on particular groups of people (whatever their age, race, gender, sexual orientation, religion or belief or whether disabled or not) This partial EQIA recognises that we are not currently able to identify in all cases who these people might be and what specific needs they may have.
3. The Scottish Government has developed the following 10 step process to aid the EQIA process.
Step 1 | Define the aims of the policy |
Step 2 | What is already known about the diverse needs and/or experiences of the target audience? |
Step 3 | What else do we need to know to help us understand the diverse needs and/or experiences of the target audience? |
Step 4 | What does the information we have tell us about how this policy might impact positively or negatively on the different groups within the target audience? |
Step 5 | What, if any, changes will be made to the policy? |
Step 6 | Does the policy provide the opportunity to promote equality of opportunity or good relations? |
Step 7 | Based on the work we have done - rate the level of relevance of the policy - HIGH, MEDIUM OR LOW |
Step 8 | Do we need to carry out a further impact assessment? |
Step 9 | Explain how we will monitor and evaluate this policy to measure progress |
Step 10 | Sign off and publish the impact assessment |
4. This partial EQIA covers the first four steps and where we have information, step 6 is also included. We are seeking your views on the conclusions made and particularly where you consider that the policy may impact disproportionately on equality groups.
Step One
Defining the aims of the policy
What is the purpose of the proposed policy (or changes to be made to the policy)? | To make amendments to legislation for the determination of applications for planning permission by planning authorities and define the scope of the addition of internal floor space as development. Whilst fitting into the aims of the modernisation agenda, these proposals are primarily aimed at making the planning system more inclusive. |
Who is affected by the policy or who is intended to benefit from the proposed policy and how? | Policy changes will primarily affect how planning authorities interact with developers and communities. There are also specific requirements on developers particularly in relation to pre-application class screening, pre-application consultation with communities and the preparation of design and access statements. Additionally the changes will, in defined circumstances, bring the addition of internal floor spaces to developments into the planning system. By improving efficiency, inclusion and transparency in the planning system, it is intended that this policy will benefit all sectors of society. |
How have you, or will you, put the policy into practice, and who is or will be responsible for delivering it? | The changes will be brought in through secondary legislation which will be accompanied by appropriate guidance. It will be for planning authorities primarily to undertake the procedural changes though communities and developers will also have a role to play. |
How does the policy fit into our wider or related policy initiatives? | This policy particularly fits into three of the Scottish Government's five strategic objective's: - Wealthier and fairer;
- Safer and stronger; and
- Greener.
These proposals form part of the wider modernisation of the planning system, the key aims of which are to make it: - fit for purpose;
- more efficient;
- more inclusive; and
- play its part in delivering sustainable development.
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Do you have a set budget? | No |
Step Two
What is already known about the diverse needs and/or experiences of the target audience?
To understand the different needs and experiences of those affected by the policy, we have gathered the following information about the target audience. The evidence and information contained in this EQIA primarily comes from consultations undertaken over the past few years by the Scottish Government on modernising the planning system. It is supported by work of the Scottish Parliament's Communities Committee in its consideration of the Planning etc. (Scotland) Bill and specific research projects. A summary of the range of information can be found in the summary table with specific evidence and information highlighted below.
Do we have information on | |
Age | Yes | X | No | |
Disability | Yes | X | No | |
Gender | Yes | X | No | |
Lesbian, Gay, Bisexual & Transgender | Yes | | No | X |
Race | Yes | X | No | |
Religion and Belief | Yes | | No | X |
Age | Evidence: Research contained in Planning and Community Involvement indicated that generally the people likely to volunteer their views on a planning application come from an age profile dominated by the middle aged and the elderly. Consultation: In its pre-legislative consultation on the Planning Bill, the Parliament's Communities Committee heard from a representative of the Scottish Youth Parliament that there is a need to consider how the planning process can be made more open and transparent so that it is easier to understand and that young people should be consulted in a proactive and non-tokenistic manner. |
Disability | Evidence: Bodies representing disabled people made representations to Parliament's Communities Committee whilst it was considering the Planning Bill. Whilst the then Disability Rights Commission ( DRC) welcomed the consultation provisions in the Bill, it wished to see that consultation activity was supported by information accessible in a range of formats. The Scottish Disability Equality Forum ( SDEF) looked to see disabled people involved at the pre-application consultation stage. Both organisations were supportive of the introduction of access statements and awaited further details. Consultation/Involvement: Both organisations commented on the proposals in the draft Planning Advice Note ( PAN) 81: Community Engagement. The DRC wished to see connections with broader requirements under the Disability Equality Duty. There was also a general theme that information should be accessible. During the pre-consultation phase, both the DRC and SDEF were invited to engage in the formulation of the provisions on design and access statements. |
Gender | Evidence: Defra funded focus groups (organised by the Women's Environmental Network) aimed primarily at looking at environmental decision-making for women. Women in decision-making sets out views of women on barriers to participation. These include a view that there was a lack of information on opportunities to participate and a concern with the use of jargon. In addition, research contained in Planning and Community Involvement showed that women were slightly more likely than men to become involved in the planning process, but significantly more likely to oppose a planning application. Although not looking specifically at planning related matters, A Gender Audit of Statistics suggested that, as citizens, men and women are equally active, but that their patterns of activity differ in some respects. Consultation: Results from the Scottish Household Survey set out in Getting Involved in Planning: Summary of Evidence showed that broadly men and women were equally interested in the planning of their area and considered it was important that people should be involved in the planning of their area. |
Lesbian, Gay, Bisexual & Transgender | Evidence: None Consultation: In light of limited information on the views of the LGBT community on the potential impacts of the policy, the Scottish Government sought to raise awareness by advising a number of representative organisations of the draft proposals during the pre-consultation stage. |
Race | Evidence: Representative bodies for race equalities groups made representations on the Planning etc. (Scotland) Bill either at the pre-legislative event or at Stage 1. The then Commission for Racial Equality ( CRE) was concerned that whilst the aspiration to strengthen the involvement of local communities within the planning system which underlies the Planning Bill was welcome, measures needed to be put in place to ensure that it did not strengthen the involvement of some sectors of the community to the detriment of others. The CRE was particularly concerned about the relationship of the gypsy traveller community with the planning system. Consultation: This was undertaken to support the preparation of PAN 81 with a workshop comprising a group of Black and Minority Ethnic young adults. Additionally, a similar workshop was held with a group of gypsy travellers in the Grampian area. These groups put forward views on encouraging participation in the planning process. There was a particular concern relating to access to information and a need to simplify language. |
Religion and Belief | Evidence: None Consultation: In light of limited information on the views of religious and faith groups on the potential impacts of the policy, the Scottish Government sought to raise awareness with such groups by advising a number of representative organisations of the draft proposals during the pre-consultation stage. |
Step Three
What else do we need to know to help us understand the diverse needs and/or experiences of the target audience?
Age | We have limited information on the potential impact of this policy on this group. We will seek to disaggregate the views from individuals on the proposals by asking respondents to indicate the broad age category they are in. We will also look at the arrangements during the public consultation to engage with organisations representative of such groups. |
Disability | We have some information on the views of organisations representative of disabled people on the broad principles of the overarching primary legislation. Such organisations particularly wished to see more information and detail on the policy relating to access statements. In its response to the draft proposals, the DRC noted that councils, as public authorities, should be impact assessing policies around such statements in light of the Disability Equality Duty. We are looking for views on the more detailed proposals set out in the secondary legislation. Additionally we will seek to disaggregate the views from individuals on the proposals by asking respondents to indicate whether they consider themselves to be disabled. |
Gender | We have some limited information on the potential barriers to engagement for a part of this group. We will seek to disaggregate the views from individuals on the proposals by asking respondents to indicate their gender. We will also look at the arrangements during the public consultation to engage with organisations representative of such groups. |
Lesbian, gay, bisexual and transgender | We have no information on the potential impact of this policy on this group. We will look at the arrangements during the public consultation in an attempt to engage with organisations representative of the LGBT community. We will particularly encourage this group to engage in the consultation process. |
Race | We have limited information on views regarding the broad principles of the overarching primary legislation. We have no information on the proposals contained in the secondary legislation. We will seek to disaggregate the views from individuals on the proposals by asking respondents to indicate their ethnicity. We will also look at the arrangements during the public consultation in an attempt to engage with organisations representative of such groups. |
Religion and Belief | We have no information on the potential impact of this policy on this group. We will look at the arrangements during the public consultation in an attempt to engage with organisations representative of religious and belief groups. We will particularly encourage this group to engage in the consultation process. |
Step Four
What does the information we hold tell us about how this policy might impact positively or negatively on the different groups within the target audience?
In Step Four we have looked at the information collected to assess what it is telling us about the needs of different groups of people.
Age | Evidence shows that the people likely to volunteer their views on a planning application come from an age profile dominated by the middle aged and the elderly. As one of the key aims of the proposals is to make the planning system more inclusive for all of society, then there is the potential for the under representation of other age groups to be addressed. Although provisions relating to access statements are aimed at disabled people, there is the potential for such considerations to have a wider positive impact on, for example, those with a mobility impairment due to age or for families using buggies / prams. We would therefore see that there will be a generally positive impact on this group of these policy proposals. |
Disability | The provisions relating to the access element of design and access statements are aimed particularly at impacts of the built environment on disabled people. The aim is that the provision will lead to issues around access being considered at the outset of the development process rather than considered once planning permission has been granted. We would therefore see that there will be a generally positive impact on this group of these policy proposals. |
Gender | Evidence from the responses to the Scottish Household Survey would indicate that there was very little gender imbalance with regard to the interest that men and women had in the planning of their area. Additionally, the concerns coming from the Women's Environmental Network paper on barriers to participation reflect similar issues raised regarding the availability of accessible information. As the provisions seek to improve access to information on planning matters for all, we would see that there will be a generally positive impact for all individuals and communities of these policy proposals. |
Lesbian, Gay, Bisexual & Transgender | Although we do not believe there are any particular concerns relating to the potential impact on the LGBT community, one of the key aims of the proposals is to make the planning system more accessible for all of society and LGBT people will benefit from this. |
Race | Evidence shows that there is concern that some minority ethnic groups may be disadvantaged in relation to access to information. One of the key aims of the proposals is to improve access to information on planning matters through the provision of more information on weekly list and statutory planning application reports. We would therefore see that there will be a generally positive impact on this group. |
Religion and Belief | Although we have no specific evidence relating to the potential impact on religious or faith communities, one of the key aims of the proposals is to make the planning system more inclusive for all in society. One of the key aims of the proposals is to make the planning system more accessible for all of society and religious and faith communities will benefit from this. |
References to Published Information
A Gender Audit of Statistics (Scottish Executive 2007)
http://www.scotland.gov.uk/Publications/2007/03/27104158/1
Draft PAN: Community Engagement - consultation responses (Scottish Executive 2006)
http://www.scotland.gov.uk/Publications/2006/12/08125517/0
Getting Involved in Planning - Summary of Evidence (Scottish Executive 2002)
http://www.scotland.gov.uk/Publications/2002/10/15638/12159
Planning and Community Involvement (Scottish Executive 2004)
http://www.scotland.gov.uk/Publications/2004/07/19666/40347
Scottish Parliament Communities Committee: Reports of Pre-legislative events: Planning etc. (Scotland) Bill (Scottish Parliament 2006)
http://www.scottish.parliament.uk/business/committees/communities/reports-06/cor06-05-Vol02-01.htm#6
Women in decision-making (Women's Environmental Network 2007)
http://www.wen.org.uk/general_pages/resources.htm
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