Planning Modernisation and Micro-Hydro FREDS Micro-Hydro Sub – Group 29 th June, 2010 Allen Hughes Directorate for the Built Environment Scottish Government

Structure of Presentation 1.Why planning modernisation was needed 2.A new role for planning and a new type of planning system 3.A new role for Scottish Government 4.Operational aspects of planning modernisation 5.Opportunities for the micro-hydro sector

1. Why Planning Modernisation was Needed... Prior to reform, despite many examples of good practice, planning was perceived as: –bureaucratic, slow, a barrier to development –unresponsive to environmental & social needs –undemocratic, unfair and confusing Development plans were often out of date and didn’t provide clear guidance for developers

2. A New Role for Planning…  Planning had and has potential!  Planning has a pivotal role in delivering Scottish Government’s central purpose of increasing ‘sustainable economic growth’  It was a priority action, in light of recession  This role continues to be recognised in the latest Economic Recovery Plan (March 2010)

A New Type of Planning System This new role requires a new ‘type’ of planning system, one that is:  fit for purpose, efficient, inclusive, sustainable  simpler, quicker, transparent  able to provide support for business  ‘enabling’ rather than simply ‘regulatory’

3. A New Role for Scottish Government (i) Key tasks in introducing planning modernisation:  Bringing forward planning reform legislation  Re-shaping the structure of the planning system  Setting out new roles and responsibilities

(ii) Further tasks post- modernisation:  ‘boxing clever’ with limited resources  rationalising planning guidance focussing on national interest & key principles, allowing solutions to be developed locally  sharing good practice, finding new ways to innovate and add value  strategic partnerships like FREDS

(iii) A re-aligned role in working with planning authorities:  proportionate advice on MIRs, development plans and SPG (including renewables)  proportionate involvement in planning casework  less regulation of planning authorities  tackling constructively main areas of inefficiency

(iv) Changing mind-sets:  Getting individuals to fully embrace and commit to culture change  Getting planners to work more collaboratively with the private sector  Finding new ways to innovate and add value  Unlocking planning’s potential  Restoring confidence in the planning system

4. Operational Aspects of Planning Modernisation  Planning etc (Scotland ) Act 2006 introduced framework for modernised planning process  National Planning Framework 2 (2009)  Consolidated Scottish Planning Policy published in February 2010  Suite of Planning Circulars on new procedures  Consolidated PAN series on technical planning matters …will cover some elements of this…

(i) Scottish Planning Policy:  Consolidates old SPPs e.g. SPP6 Renewables  Supports 50% renewable electricity and 11% renewable heat 2020 targets  Delivers Climate Change(S)Act 2009 obligations  Supports diverse range of renewables  Identifies potential for small run-of-river  Identifies potential for community renewables  References SEPA’s Controlled Activity Regs

(ii) National Planning Framework 2:  Statutory spatial framework  Vision for joined up planning and development regime up to 2030  Action programme  Commitment to renewables  14 National Developments  Electricity grid reinforcements

 Capacity upgrades  Overhead lines and substations  Scotland-England interconnectors  Reinforced or new sub- sea cables (iii) NPF2: Grid reinforcements:

(iv) New Planning Circulars: Most relevant Circulars for FREDS Micro- Hydro:  Circular Development Planning  Circular Development Management Procedures  Circular Hierarchy of Developments  Circular Planning Appeals  Circular Schemes of Delegation and Local Reviews  Circular EIA (Scotland) Regulations 1999  Circular Planning Agreements

(v) Development Planning: The Development Plan Strategic Development Plans Local Development Plans Supplementary Guidance Monitoring Statements Development Plan Schemes and Participation Statements Action Programmes Non-statutory Guidance

(vi) Development management:  National, Major and Local developments  9 Classes of Major Developments  No scope for local interpretation  Major if Sched.1 EIA development or capacity of generating station exceeds 20MW National Devts designated in the NPF Major Developments Defined in Classes in the Hierarchy Regs with size / area thresholds Local Developments Defined in the Hierarchy Regs as all development which is neither national nor major

(vii) Appeals, Schemes of Delegation and Reviews  Appeals/reviews now within 3 not 6 months  Schemes of Delegation allow decisions by officers for applications within the category of local developments  Local Reviews - for decisions taken under SofD: applicants have right to review rather than appeal

(viii) Planning Agreements  More open and transparent process  Opportunities for public involvement through development planning process  Development plans to provide clarity on infrastructure requirements  Early identification of expected contributions from developers in SPG  Must meet policy tests set out in Circular 1/2010  Speedier decision making following finalisation of agreements

(ix)PAN Renewable Energy Technologies: To consolidate and update by the end of the year:  PAN45 Renewable Energy Technologies (2002),  Annex 1: Planning for Micro Renewables (2006) and  Annex 2: Spatial Frameworks and SPG for Wind Farms (2008) Key challenges, in terms of hydro:  Focus on key principles & advice - signposting technical info, other guidance, good practice, SEPA’s CAR Regs etc.  Keeping PAN up-to-date –move to web-based PAN  Advising on how new planning processes can be used to deliver appropriate hydro schemes quickly and effectively;  Spatial planning for hydro to handle cumulative impacts;  Supporting local solutions and community renewables;  Potential extension of planning to cover hydro up to 50MW?

5. Opportunities for Micro-Hydro: (i)Development Planning:  Can influence the planning authority’s spatial and policy strategy for micro-hydro in MIRs, SDPs, LDPs, SPGs  At least 2 public engagement stages before plan adoption - ‘tune in’ to participation statements  Up to date development plans should guide change, identify commercial opportunities and offer greater certainty to applications  Action programmes by PAs to help bring development opportunities to fruition

(ii) Development Management:  More opportunities for early discussion with planner, as reform supports constructive pre-app engagement  Faster local decision making with schemes of delegation  More proportionate demands (Pre-application consultation only required for major applications)  Processing agreements for more complex schemes  More transparent & effective processes, E-planning and clear decisions in notices and reports of handling  Appeals locally to Local Review Bodies for local solns

Summary & Conclusions  Modernisation is about efficiency & transparency  The target is sustainable economic growth  There is an embedded commitment to supporting hydro and other renewables  Planning is aiming to be more enabling, proportionate, local and partnership focussed – grasp the opportunity!  Sharing best practice will enhance the system  Planning modernisation is a live work programme – Rome wasn’t built in a day!!

Micro Hydro and PD Rights Short introduction to pre-consultation on permitted development rights for microgeneration technology on non- domestic properties… including structures to house micro hydro turbines (not including the hydro turbine).