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Simplifed Planning Zones and Equivalent Mechanisms Outwith

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Simplifed Planning Zones and Equivalent Mechanisms Outwith Research on the Use of Simplified Planning ZZones and Equivalent Mechanisms Used Outwith Scotland August 2017 Report prepared by: Mark Robertson Ryden LLP 7 Exchange Crescent Conference Square Edinburgh EH3 8AN Details of additional assistance: Neil Collar, Brodies LLP The opinions expressed in this report are those of the author. Report commissioned by: Planning and Architecture Division Area 2H South Victoria Quay Edinburgh EH6 6QQ Tel: 0131 244 7091 e-mail: [email protected] web: http://www.gov.scot/Topics/Built-Environment/planning © Crown Copyright 2017 Applications for reproduction of any part of this publication should be addressed to: Planning and Architecture Division, Directorate for Local Government and Communities, Area 2H (South) Victoria Quay, Edinburgh, EH6 6QQ This report is published electronically to limit the use of paper, but photocopies will be provided on request to Planning and Architecture Division. 2 Contents Executive Summary 4 1. Introduction 14 Research Study Brief Simplified Planning Zones Research Context Research Report Structure 2. Policy and Research Review 17 Introduction SPZs in Scotland (inc Figure 1: Current SPZ Process, Scotland) SPZs (and equivalent upfront consenting mechanisms) outwith Scotland Summary 3. Consultations 27 Introduction Places, Planning & People: Public Consultation Research Project Consultations Summary 4. Case Studies and Examples 37 Introduction Simplified Planning Zones, Scotland Case Study 1: Hillington Park SPZ, Renfrewshire Council & Glasgow City Council Case Study 2: Renfrew Town Centre SPZ Simplified Planning Zones, England and Wales Case Study 3: Slough Trading Estate SPZ, Berkshire, England Simplified Planning Zones, Northern Ireland Local Development Orders, England Case Study 4: Swindon Borough Council, Various LDOs Case Study 5: Brunswick Street LDO, Teignbridge, South Devon Case Study 6: Graven Hill Village, Cherwell, Bicester Strategic Development Zones, Republic of Ireland Case Study 7: Adamstown, West Dublin, South Dublin County Council Case Study 8: Clonmagadden SDZ Case Study 9: Carlingford Independent Living Other Examples Summary (inc Table 10 Comparison of consenting mechanisms) 5. Summary and Conclusions 90 Summary Target Market Areas Key Principles (inc Table 11: Consented Development Zones (CDZs): Key Principles) Annex : Project consultees Glossary of Abbreviations 3 Executive Summary Introduction Simplified Planning Zones (SPZs) grant planning permission for the types of development specified within the scheme, without the need for any individual planning permission. SPZs were developed mostly to aid regeneration and encourage employment, yet their use has been very limited in Scotland until recent years. Interest has however been rekindled in their potential within Scotland’s modernised planning system. The recent independent review of the Scottish Planning system’s report, ‘Empowering Planning to Deliver Great Places’ (May 2016) recommended that the SPZ concept could be “rebranded and evolved into a more flexible and widely applicable zoning mechanism”, “for development including housing”. In response, the Scottish Government consultation paper ‘Places, People and Planning’ (January 2017) proposes that upfront planning consents would be put in place for zoned land, strengthening the development plan by identifying and supporting development at an early stage. The Scottish Government has rolled out SPZ pilot schemes to identify issues around speed of preparation, flexibility and links to development planning. The Scottish Government appointed Ryden, in association with Brodies, to research the use of SPZs and equivalent mechanisms used outwith Scotland. The aim is to assess the potential for a more flexible and more widely applicable land use zoning mechanism than SPZs provide at present, including: supporting the delivery of housing at scale encouraging alternative housing delivery models achieving an infrastructure-first approach to development supporting areas where market interest has been limited assisting with area regeneration, and delivering improved placemaking outcomes for communities. The research was particularly tasked to explore particular barriers to or issues currently limiting wider uptake of SPZs, including conservation area restrictions, environmental impact assessment, preparation timescales, resourcing, compliance, other consents and developer obligations/ legal agreements, and to identify ways to overcome such barriers. It also considers forms of upfront consenting from other countries. Policy and Research Background SPZs were introduced to Scotland by the Town & Country Planning (Scotland) Act 1972. Detailed procedural requirements for making a scheme followed in 1987. The regulations placed an emphasis on the secretary of state to influence decision making. Very few schemes were adopted. Procedures were streamlined in the 1990s through the Planning and Compensation Act and the relevant procedures are now detailed in the Town and Country Planning (Scotland) Act 1997, SPZ (Scotland) Regulations 1995, the Order and Circular 18/1995. Notably, the amendments to legislation removed the requirement to hold a public local enquiry (PLI) to consider objections to a proposed scheme. Benefits of SPZ’s noted in the 1995 Circular include; avoidance of planning 4 delays, savings of time and cost for developers and planning authorities through promotion of land for prescribed uses. The size of an SPZ can range from individual to several sites. Sites with heritage and environmental designations (e.g. conservation area, green belt, sites requiring EIA) are currently excluded from SPZs. Development type can be ‘specific’, itemising permitted development or ‘general’, giving a wide permission subject to exceptions. An SPZ scheme consists of a written statement, map and any conditions and limitations; if a proposal meets the scheme then the need for full planning permission is removed. However, the requirement for any other associated statutory consents e.g. building warrant, listed building consent and roads consent is not removed. The current SPZ process includes periods for consultation stages at pre-deposit and deposit of the draft scheme and the possibility of a further consultation if material modifications are made. The LPA can consider objections themselves and determine whether any modifications are required, or use a public local inquiry. Scottish Ministers have the power to call in proposals at any point. SPZ schemes are adopted for 10 years and if revisions are required, the same process as for making a scheme is followed. Consultations The research project benefited from 97 public consultation responses to ‘Places, People and Planning’, and a further 25 detailed interview consultations undertaken by Ryden. Development industry respondents favour a rebranded zoning approach which can streamline processes and provide greater confidence in delivery, but would like more clarity on developer obligations and infrastructure alignment and delivery. Planners are also supportive of greater use of zoning or SPZs, subject to clarification on control over development design and how the initial workload for such schemes would be resourced. Respondents see both benefits and dis-benefits in aligning SPZs with the development plan preparation cycle. Respondents recognise the suitability of SPZs for smaller, less complex sites and business space, but have difficulty in seeing the opportunity of scaling-up the approach to complex major housing sites. SPZs are largely seen as a regeneration tool, which might be extended to assist the planning and delivery of non-market housing in the rented, affordable, care, self and custom-build, and ‘local builder’ sectors. Re-branding of SPZs if they are evolved in this way is broadly supported. All respondents - but in particular community bodies - see enshrining public engagement and design codes as critical elements in preparation of SPZs to secure quality development and place making. The potential for an early, upfront collaborative approach between SPZ applicants, planning authorities, key agencies and communities is seen as positive and an encouragement to investment in infrastructure. Barriers to greater use and evolution of SPZs in Scotland cited by respondents were wide-ranging. In addition to regulatory and consenting barriers, the main concern is the requirement for upfront engagement and technical studies to achieve the consented SPZ scheme. There is no clear consensus around funding of this upfront work, nor the loss of planning fees associated with applications; there is however agreement that upfront work is essential to set the correct parameters for design quality and a balance between certainty and the flexibility to respond to changing conditions. More broadly, a 5 lack of knowledge of SPZs and the potential need for other forms of intervention to deliver development were also mentioned as barriers. Scottish SPZs Existing Scottish SPZs at Hillington Park (a 200 hectare employment location in Glasgow and Renfrewshire) and Renfrew Town Centre are presented as case studies within the full report. Following a bid process in late 2016, the Scottish Government has now awarded SPZ housing pilot status and funding support to North Ayrshire, Dumfries & Galloway and Argyll & Bute Councils; each seeks to diversify housing supply and delivery, for example self-build, affordable and SME housebuilders. In the employment land sector, Energetica in Peterhead is a further Scottish Government
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