Scottish Government consults on new planning policy, including major infrastructure projects

It has published a draft Scottish Planning Policy (SPP), alongside a third version of its National Planning Framework (NPF3), for consultation. The policy reforms will place more emphasis on the jobs and economic benefits which projects will deliver as part of a programme of "sustainable economic growth", the Scottish Government said.

Among the new developments highlighted by NPF3 are two carbon capture and storage (CCS) schemes at Peterhead and Grangemouth; improvements to Dundee Waterfront; and airport enhancements at Glasgow, Edinburgh, Aberdeen, Inverness and Prestwick.

"Scotland needs a planning system that has, at its heart, the overriding principle of delivering sustainable economic growth in order to maximise the country's attraction to investors and visitors in a global economy," said Planning Minister Derek Mackay.

"We want future planning decisions to give significant weight to the economic benefit of proposed developments, particularly the creation of new jobs. The consultation on the NPF and SPP will influence development plans across the country for the next thirty years, affecting every part of Scotland," he said.

The Scottish Government plans to finalise the SPP by the end of this year, while NPF3 is due to be adopted by 2014.

"Both the draft SPP and NPF3 focus heavily on themes of sustainability, community benefit and a low carbon economy for Scotland which will no doubt filter through the planning process, with effects likely to impact on the detail of planning conditions and planning obligations," said planning and environmental law expert Philippa Godwin of Pinsent Masons, the law firm behind Out-Law.com.

"The draft SPP reiterates Scotland's ambitious renewable targets, as set out in the 2020 Routemap for Renewable Energy. It will be interesting to see how this interacts in practice with the restrictions on wind farm siting in NPF3," she said.

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. It must be taken into account by planning authorities in development plans and development management decisions.

NPF3 sets out a number of development priorities for the Scottish Government, including energy, transport and infrastructure projects. These include onshore infrastructure for offshore renewable energy, grid infrastructure enhancements, high speed rail and a national cycling and walking network.

The SPP is the Scottish Government's statement of policy on how nationally important land use planning matters should be addressed across the country. The new version of the SPP includes references to maps of Scotland's wild land for the first time, and deals with planning matters concerning wind farms.

The draft proposes extending the separation distance between wind farms and cities, towns and villages; and stronger environmental protection measures where wind farms are proposed in scenic areas. This includes banning wind farms outright in the 19% of Scotland covered by National Parks and National Scenic Areas.

Planning and environmental law expert Jackie Cook of Pinsent Masons said that establishing appropriate siting recommendations for wind farms was "likely to stimulate lively debate". However, she said that both developers and those with concerns about wind farms would welcome "further clarity" on turbine siting once the policy was finalised, as this had been a "bone of contention for some time".

Among the general policies set out in the draft SPP are that any proposed developments should make best use of the capacity of existing infrastructure, and should promote regeneration by considering the reuse of previously developed land before developing on greenfield sites. The document also sets out a preference for the use of "town centre locations" where this will "support their vitality and liveliness".

Planning Minister Derek Mackay said that the SPP would support the Scottish Government's ongoing review of town centres. He said that the Scottish Government would insist that "major new developments which attract people - like workplaces, leisure facilities and shops" be situated in town centres where possible, rather than in out of town shopping centres or retail parks.

"We want to see development which ensures lively, successful and viable town centres," he said.

He added that the renewed focus on environmental protection measures would "ensure developments go in the right place, providing positive benefits for our communities and environment".

"And of course it is essential that we see continued and sustained improvement in planning performance, because it is only with an efficient and responsive planning system that we can fully realise these ambitions," he said.

"There have been seismic shifts in planning procedure over recent years at national and local level," said planning law expert Jackie Cook. "Continuing to improve the responsiveness of the planning system may see these being finessed in this next round of policy updates."