Scottish Government to begin work on third National Planning Framework

In a statement to the Scottish Parliament Planning Minister Derek Mackay stressed the importance of the planning system to creating sustainable economic growth in Scotland, and said that everybody with an interest should be involved in the consultation process. A Participation Statement, published online, sets out the publication timetable and forthcoming consultation opportunities. NPF3 is due to be published by 25 June 2014, according to the document.

"Over our lifetimes almost every single one of us will be engaged in the planning process in one way or another," Mackay said. "I want the third National Planning Framework to reflect Scotland's ambition, to realise Scotland's opportunities for economic growth and to create more successful and sustainable places. This will contribute to supporting Scotland's economic recovery, particularly through the transition to a low carbon economy.

The NPF is the Scottish Government's strategy for the long-term development of Scotland's towns, cities and countryside. It sets out strategic infrastructure needs and priorities over the next 20 to 30 years, with a focus on the spatial development of the country as a whole.

The current version, NPF2, sets the spatial strategy for Scotland's development to 2030 and designates 14 national developments of strategic importance to Scotland. NPF2 must be taken into account by planning authorities in development plans and development management decisions.

As part of the review process the Scottish Government has launched a call for Candidate National Developments to be considered for inclusion in the final NPF. The selected developments must make a significant contribution to Scotland's sustainable economic growth and be of national, rather than regional, significance. They must also make a significant contribution to one or more specified criteria including emissions reduction; renewable energy targets; skills development; strengthening Scotland's international links, and improving the country's digital, transport, utilities or green infrastructure networks.

Planning law expert Jennifer Ballantyne of Pinsent Masons, the law firm behind Out-Law.com, said that the publication of the Participation Statement was the "starting gun" for consultation on and development of NPF3.

"In planning terms, this is an important milestone as the development and content of the NPF outlines a strategic vision for Scotland's development over the next 20-30 years and is crucial to setting the national planning context for development plans being prepared at the regional and local levels of the planning system," she said. "The NPF has a key role to play by identifying 'flagship' developments and strategic infrastructure priorities to help target investment into areas likely to deliver economic growth, such as infrastructure and energy projects."

However, she warned that the process would be likely to be "subject to increased scrutiny" given its overlap with the run-up to the Scottish independence referendum in Autumn 2014.

Mackay also used his statement to update the Scottish Parliament on plans announced in March to improve efficiency and streamline the Scottish planning system. The Government will introduce legislation over the coming months to simplify the regulatory burden of the current system and extend the inclusive 'charette' approach which involves communities in development plans. It will also use the first reports on planning authority performance to assess standards throughout the country, Mackay said.

"This Government has a clear commitment to addressing the impact on Scotland of current global economic conditions, directing all our efforts to making Scotland a more successful country, with opportunities for all to flourish by increasing sustainable economic growth," he said. "A modern, effective planning system plays a vital role in this."

The Scottish Government has also published a Strategic Environmental Assessment (SEA) Scoping Report, setting out the approach it will be take on assessing the environmental impacts of NPF3 and other changes to the Scottish Planning Policy (SPP). The 'Main Issues' report and associated environmental reports and assessments are due to be published for consultation in March 2013.

Planning law expert Gary McGovern of Pinsent Masons said that the process would be likely to become "very interesting" at this stage.

"This is a new stage added to the NPF process this time to improve transparency and engagement in response to criticisms made in the wake of the publication of NPF2," he said. "At that point the Government will need to show its hand by setting out not only its 'preferred options' for national developments but also any 'reasonable alternatives' that have been identified."

He said that the call for Candidate National Developments, which is open until 14 December, would be of most immediate interest to the promoters of significant infrastructure projects. However, he warned that promoters of existing national developments under NPF2 which had not yet received consent would have to reapply for national development status.

"Today's announcement has confirmed that current designation is no guarantee that national development status will be retained under NPF3," he said. "The Scottish Government expect proposal forms to be submitted for existing national developments if promoters wish them to be included."