BEFS Bulletin 351: BEFS calls for certainty and consistency

BEFS NEWS

In light of the current changes within the Scottish Government, and the leadership change to come; BEFS would like to stress to all those elected members within the Scottish parliament that clarity of vision, certainty of targets, and consistency of messaging around progress towards net zero is essential to ensuring our existing built environment can support a just transition towards a green economy; whilst growing local skilled employment; and supporting all of our places for the future.

BEFS continues to support sustainable solutions for our existing built environment, noting the Infrastructure Commission’s proposals to prioritise making the most of existing infrastructure (including homes) ahead of building new assets. In Scotland, around 20% of our housing stock is pre-1919 (over 50% is pre-1964). This demonstrates the scale of potential for the climate, and social good, that could be affected by policies incentivising, supporting, and ensuring well maintained and appropriately retrofitted homes and public buildings. Action for our existing building stock is essential to meeting net zero. We will not be able to build our way out of the climate and biodiversity crisis.

Scotland’s existing built and historic environment remains an agent of economic recovery. Our built and historic environment deserves to be protected, cared for, and enhanced – it has sheltered us economically and socially for over a century, and we need to enable investment to ensure its ability to do so for the future.

Historic Environment Scotland have published their Annual Operating Plan 2024-25 setting out their priorities to support delivery of activities for public benefit, in light of current economic developments. The plan sets out HES’s key objectives and strategies for the upcoming financial year, focusing on maintaining and enhancing Scotland’s historic environment while adapting to the challenges posed by the current economic climate.

The Scottish Government has released finalised guidance on Local Living and 20 Minute Neighbourhoods. The guidance aims to support the delivery of local living, ensuring daily needs can be met within a place, by introducing a Local Living Framework and complementing existing placemaking tools. It also presents a structured approach to implementation and features case studies showcasing local living across various contexts, with more examples to be added as good practice emerges.

The Shaping Places for Wellbeing Programme, a partnership between the Improvement Service and Public Health Scotland, aims to improve Scotland’s wellbeing and reduce inequalities by changing collective approaches to the places where people live, work, and play. Funded by The Health Foundation, Scottish Government, and COSLA, the programme enables partnership-based action at a local level while addressing the health of our planet. It has been supporting place-based work in seven project towns, and resources covering various topics can be found on the Shaping Places for Wellbeing Knowledge Hub.

CONSULTATIONS

A Biodiversity Metric for Scotland’s Planning System – Key Issues consultation
NatureScot
Nature Scot have published a Key Issues paper to inform work developing a biodiversity metric for Scotland’s planning system. Commissioned by the Scottish Government, in support of National Planning Framework 4 policy 3(b), the paper alerts stakeholders and anyone interested in the development of a biodiversity metric for planning to the scope of the work that is to be undertaken. The paper can be viewed on the NatureScot website.
Closes 10 May 2024

Enabling powers for Scotland’s Environmental Impact Assessment regimes & Habitats Regulations
Scottish Government
The Scottish Government are seeking views on proposed enabling powers that would better allow for future amendments to Scotland’s Environmental Impact Assessment (EIA) regimes and Habitats Regulations. These are key legislative frameworks which underpin environmental protection and assessment processes. The proposed enabling powers would help replace powers lost because of the UK’s exit from the European Union (EU) and would help ensure the relevant legislation can remain fit for purpose in future.
Closes 13 May 2024

Housing (Scotland) Bill Call for Views
Scottish Parliament
The Local Government, Housing and Planning Committee and Social Justice and Social Security Committee are seeking views on the Housing (Scotland) Bill. The Local Government, Housing and Planning Committee is the lead committee for the Bill, but the Social Justice and Social Security Committee will consider Part 5 (making provision about homelessness prevention) and Part 6 (insofar as it relates to fuel poverty) as these matters fall within its remit.
*New* Closes 17 May 2024

Call for Views on the Land Reform (Scotland) Bill
Scottish Parliament
The Net Zero, Energy and Transport Committee is seeking your views on the Land Reform (Scotland) Bill. The Bill was introduced by the Scottish Government on 13 March and covers land reform – there are various provisions imposing requirements in relation to owners of larger estates and the transfer of larger estates; lease for environmental purposes – the Bill requires the Scottish Government to publish a model lease for environmental purposes; and small landholdings and agricultural tenancies – there are various provisions in the Bill which the Scottish Government says are to modernise the law. Find out more about the Bill and read its accompanying documents.
Closes 21 May 2024

Masterplan Consent Area Regulations
Scottish Government
The Planning (Scotland) Act 2019 introduced MCAs – which will enable planning authorities to take a place leadership role, by proactively consenting the type and quality of development they wish to see in their areas. The Masterplan consent area regulations consultation covers the type of development which can be authorised, potential locations for MCAs and the procedures for making a scheme. It includes two sets of regulations: covering the main process for making MCA schemes and relating to EIA of MCA schemes. The separate consultation on ‘Investing in Planning’ also includes proposals for recouping costs of preparing MCA schemes.
Closes 22 May 2024

Development plan amendment regulations
Scottish Government
With the move to National Planning Framework (NPF) and Local Development Plans (LDPs) having a review period of 10 years, the 2019 Act introduced the provision for them to be amended between full review cycles. This enables the planning system to respond where newly emerging matters arise.
The development plan amendment regulations consultation covers proposals for the regulations. The aim is for procedures to amend both NPF and LDP to be proportionate and to provide a process that is more responsive and streamlined, whilst balancing the need for robust justification, engagement, and scrutiny. This will ultimately give decision makers some flexibility of process, based on the scale and significance of the amendments.
Closes 22 May 2024

Investing in Planning
Scottish Government
This consultation on resourcing Scotland’s planning system is in response to current resourcing challenges. It builds on ideas generated in a stakeholder workshop held in November 2023 and sets out a series of proposals which aim to improve capacity and build resilience particularly within planning authorities.  In addition to inviting stakeholder views on the proposals outlined, the consultation encourages stakeholders to suggest further ideas on alternative ways to support delivery and build resilience.
Closes 31 May 2024

Time limits for enforcement action for unauthorised Environmental Impact Assessment development
Scottish Government
Comments are invited on proposals to disapply Section 124 of the Town and Country Planning (Scotland) Act 1997 (‘the 1997 Act’) concerning the time limits for taking enforcement action on unauthorised development which requires an Environmental Impact Assessment (EIA). This follows a case of unauthorised development in Northern Ireland for which an EIA was required, but not undertaken. The need for EIA was only identified after the time limit for enforcement had expired and the development was immune from enforcement action. As the Scottish planning system is similar to the system in Northern Ireland, the Scottish Government considers it is possible, although unlikely, that a similar situation could arise in Scotland.
*NEW* Closes 11 July 2024

Compulsory Purchase Reform
Scottish Government
The Scottish Government have committed to reform and modernise compulsory purchase legislation. As a first step, they have established an advisory group to help support the reform programme. The group, to be co-chaired by the Chief Planner and Roseanna Cunningham, brings together several expert practitioners with first-hand experience of the compulsory purchase process. They recognise, however, that a range of organisations have an interest in this area and are consulting broadly and are keen to hear from a wide range of voices as the work moves forward.
Please get in touch at CPO.Reform@gov.scot

Strategic Plan Survey – Scottish Civic Trust
The Scottish Civic Trust are refreshing their Strategic Plan. To inform their future activities they are surveying people across Scotland about key themes related to their work. All input will help them better empower Scotland’s communities to act for shared spaces and places. All survey results are anonymous and will be stored on a Google Drive to which only Scottish Civic Trust has access. Analysed and summarised survey results will be shared in reports to Scottish Civic Trust’s funders and may appear in their annual reports.

CONSULTATION RESPONSES

Local Living and 20 Minute Neighbourhoods
The Scottish Government has published finalised guidance on Local Living and 20 Minute Neighbourhoods, following a consultation on the draft in summer 2023. The guidance aims to support the delivery of local living, ensuring daily needs can be met within a place. It introduces a Local Living Framework, complements existing placemaking tools, and presents a structured approach to implementation. The guidance also features case studies showcasing local living across various contexts, with more examples to be added as good practice emerges.

NEWS RELEASES

Project Announcement: HAZEL, a pilot generative artificial intelligence (AI) guidance assistant (Historic England 23/04/2024)

Committee brands Government answers on adapting to heatwaves a “missed opportunity” (Environmental Audit Committee 30/04/2024)

PUBLICATIONS

Our Creative Future – The Manifesto (Creative UK April 2024)
Manifesto for Cultural and Creative Industries to deliver their full potential, generating social and economic prosperity across our nation

Historic Environment Scotland Annual Operating Plan 2024-25 (HES 16/04/2024)

Kick the Dust programme evaluation: empowering young people in heritage (National Lottery Heritage Fund 25/04/2024)

SCOTTISH & UK: GOVERNMENTAL & PARLIAMENTARY PUBLICATIONS

Draft regulations: amendments to the VAT (Refund of Tax to Museums and Galleries) Order 2001 (UK Gov 25/03/2024)

Finance Committee approves Aggregates and Devolved Taxes (Administration) (Scotland) Bill at Stage 1 (Scot Gov 29/04/2024)

‘Place and Wellbeing: integrating land use planning and public health in Scotland’ briefing paper to reflect changes brought about by NPF4 (Public Health Scotland April 2024)

Local Government, Housing and Planning: Official Report and Minutes (Scot Parl 16/04/2024)

Climate Change Committee Scotland report – next steps: Net Zero Secretary statement  (Scot Gov 18/04/2024)

Climate change action: policy package (Scot Gov 18/04/2024)

Correspondence between Màiri McAllan and the Net Zero, Energy and Transport Committee regarding the climate change policy actions announced in parliament on Thursday 18 April (Scot Gov 18/04/2024)

Debate: Impact of Environmental Regulations on Development (Built Environment Committee Report) (House of Lords 19/04/2024)

A changing climate? The Scottish Government’s newly announced policy package (Scot Parl 19/04/2024)

Powers secured to introduce building safety levy (Scot Gov 19/04/2024)

Correspondence between Paul McLennan and the Convener for the  Local Government, Housing and Planning Committee regarding short-term lets (Scot Gov 22/04/2024)

Local Government, Housing and Planning: Official Report and Minutes  (Scot Parl 23/04/2024)

Delegated Powers and Law Reform Committee Visitor Levy (Scotland) Bill (Scot Parl 23/04/2024)

Housing (Cladding Remediation) (Scotland) Bill Stage 2 Amendments (Scot Parl 23/04/2024)

Clean heating and energy efficiency grants to get to Net Zero (Scot Gov 24/04/2024)

Scottish Parliament: Portfolio Question Time: Historic Environment Scotland (Reopening of Sites) (Scot Parl 24/04/2024)

Place Directors: fact sheet (Scot Gov 24/04/2024)

New powers to strengthen council planning (UK Gov 25/04/2024)

High Streets (Designation, Review and Improvement Plan) Bill 2^nd Reading HL Bill 69 (UK Parl 29/04/2024)

Amendments to the Agricultural and Rural Communities (Scotland) Bill (Scot Parl 29/04/2024)

Local Government, Housing and Planning Committee 13^th Meeting 2024 (Scot Parl 30/04/2024)

OPINION & COMMENT

‘Community capital’: ownerless Scottish properties to be offered to local schemes (The Guardian 23/02/2024)

Blog: Our support for the Skills Investment Plan (Museums Galleries Scotland 17/04/2024)

Industry leaders issue rally cry for government to introduce Heat in Buildings Bill (Scottish Housing News 18/04/2024)

Podcast: Housing Bill part 1: Rent controls and tenants’ rights with Dr John Boyle (Scottish Housing News 24/04/2024)

Scotland’s new heat standard ups the zero carbon ante (The RIBA Journal 24/04/2024)

Safety inspections at Scotland’s historic sites ‘90 per cent completed’ (The Scotsman 24/04/2024)

PARLIAMENTARY QUESTIONS & ANSWERS

Link to Parliamentary Questions and Answers