The Scottish Government

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

Title of Policy

Schemes Of Delegation, Local Review Procedures, Appeals Regulations

Name of Branch, Division

E-planning, Planning Policy and North Division

Department or Agency

Directorate of the Built Environment

What is the purpose of the proposed policy (or changes to be made to the policy)?

A new set of regulations to govern the preparation and content of schemes of delegation under the Planning etc. (Scotland) Act 2006 and the modernised procedures for local reviews and planning appeals.

Who is affected by the policy or who is intended to benefit from the proposed policy and how?

Principally planning authorities and parties who wish to seek a review or an appeal of a planning decision, which they are dissatisfied with.

How have you, or will you, put the policy into practice, and who is or will be responsible for delivering it?

Mainly planning authorities and the Directorate for Planning and Environmental Appeals. Scottish Ministers will also have responsibilities.

How does the policy fit into our wider or related policy initiatives?

The draft regulations fit into the strategic aims of the Scottish Government to produce a:

• Wealthier and Fairer Scotland, enabling businesses and people to increase their wealth , by increasing the speed and efficiency of the planning appeals process, and ensuring that that the issues raised are fairly considered.
• Greener Scotland, improving Scotland's natural and built environment and the sustainable use and enjoyment of it, the appeals and review processes have a role to play in ensuring that inappropriate development does not take place.
• Overall the proposals will support the Scottish Government's objective of promoting sustainable economic growth by increasing efficiency whilst maintaining the quality of service

Do you have a set budget?

No

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

X

No

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 a narrow age profile dominated by the middle aged and the elderly.

Consultation: In its pre-legislative consultation on the Planning Bill, the Scottish 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.

Summary of Evidence of Getting Involved In Planning
http://www.scotland.gov.uk/Publications/2002/10/15638/12159

Planning and Community Involvement in Scotland.
http://www.scotland.gov.uk/Publications/2004/07/19666/40347

Disability

Local authorities amongst others have a specific duty to prepare and publish a Disability Equality Scheme setting out how they will meet these duties under the Disability Discrimination Act 2005.

Gender

Evidence: Defra funded focus groups (organised by the Women's Network) aimed primarily at looking at environmental decision-making for women. Women in decision-making sets out views of women on barriers to participation.

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.

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

No information available

Race

Research contained in Planning and Community Involvement indicated that Planning and Community Involvement in Scotland indicated that White Caucasians dominated the responses. Of the 142 responses to the questionnaire, only three (two percent) were from an ethnic minority. This is broadly in line with the ethnic mix across Scotland. However, in two of the three areas there was no involvement from people who were non white.

Evidence from across Britain indicates that planners have little understanding of the relationship between planning and race equality. Research published in 2004 by the Office of the Deputy Prime Minister ( ODPM), which covered England, found that, 'issues about diversity and planning are not that well understood or a priority in planning practice and procedure.' The research also discovered that while a majority of planning officers had received some training on diversity issues, the training rarely made the link between planning and diversity. Although there is no equivalent research into planning in Scotland, the CRE's knowledge of individual planning situations would indicate that the situation in Scotland is no different.

http://www.scotland.gov.uk/Publications/2004/07/19666/40347 - Research highlighting the age, gender and race demographic of those involved in the planning system.

Religion and Belief

We have very limited information on the response to the proposals from faith groups. The Brethren Gospel Trusts responded to the proposals in the White Paper agreeing that in general delegated decision making appears to work satisfactorily. They raised objections to the proposals to alter the current appeal arrangements.

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.

We are therefore 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.

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.