The Scottish Government

Step 1

Define the aims of the policy

Step 2

What is already known about the diverse needs and/or experiences of the target audience?

Step 3

What else do we need to know to help us understand the diverse needs and/or experiences of the target audience?

Step 4

What does the information we have tell us about how this policy might impact positively or negatively on the different groups within the target audience?

Step 5

What, if any, changes will be made to the policy?

Step 6

Does the policy provide the opportunity to promote equality of opportunity or good relations?

Step 7

Based on the work we have done - rate the level of relevance of the policy - HIGH, MEDIUM OR LOW

Step 8

Do we need to carry out a further impact assessment?

Step 9

Explain how we will monitor and evaluate this policy to measure progress

Step 10

Sign off and publish the impact assessment

Title of Policy

Hierarchy for Planning

Name of Branch, Division

E-Planning, Planning Policy and North Division

Department or Agency

Planning Directorate

What is the purpose of the proposed policy (or changes to be made to the policy)?

The new planning hierarchy regulations will implement provisions made in the Planning etc. (Scotland) Act 2006 in respect of describing classes of major and local developments.

The regulations are intended to provide a framework for identifying and classifying developments so that they can be dealt with in the most appropriate way in recognition that larger, more complex developments may require enhanced scrutiny compared with local developments which raise more minor issues.

Who is affected by the policy or who is intended to benefit from the proposed policy and how?

The proposed regulations will principally affect planning authorities and those who wish to submit a planning application. They will also affect parties who may wish to engage in the development management process including landowners, potential developers and people affected by development proposals. The wider population should benefit from the efficient processing of planning applications if these deliver the development society needs in an efficient manner, where appropriate consultation and consideration of the application has taken place.

By improving efficiency, inclusion and transparency in the planning system, it is intended that this policy will benefit all sectors of society.

How have you, or will you, put the policy into practice, and who is or will be responsible for delivering it?

The changes will be brought in through secondary legislation which will be accompanied by appropriate guidance.

It will be for planning authorities primarily to undertake the procedural changes though communities, applicants and developers will also have a role to play.

The draft regulations describe classes of major and local developments. The Regulations will apply to applicants for planning permission and planning authorities dealing with such applications. The detailed procedures for dealing with the processing of the different types of application will be contained in other Regulations on development management.

In addition to the regulations, much of the Government's agenda for modernising the planning system will be taken forward through non-legislative means, including the issuing of revised guidance on development management. It is hoped that this guidance will be released in the course of 2008.

The Regulations and this EQIA are currently the subject of consultation. We will consider points raised in this consultation before finalising our proposals. We expect the Regulations to commence in November 2008.

How does the policy fit into our wider or related policy initiatives?

This policy particularly fits into three of the Scottish Government's five strategic objective's:

• Wealthier and fairer;
• Safer and stronger; and
• Greener.

These proposals form part of the wider modernisation of the planning system, the key aims of which are to make it:

• fit for purpose;
• more efficient;
• more inclusive; and
• play its part in delivering sustainable development.

Do you have a set budget?

No

Yes

X

No

Yes

X

No

Yes

X

No

Yes

No

X

Yes

X

No

Yes

No

X

Age

Evidence: Research contained in Planning and Community Involvement indicated that generally the people likely to volunteer their views on a planning application come from an age profile dominated by the middle aged and the elderly.

Consultation: In its pre-legislative consultation on the Planning Bill, the Scottish Parliament's Communities Committee heard from a representative of the Scottish Youth Parliament that there is a need to consider how the planning process can be made more open and transparent so that it is easier to understand and that young people should be consulted in a proactive and non-tokenistic manner.

Summary of Evidence of Getting Involved In Planning
http://www.scotland.gov.uk/Publications/2002/10/15638/12159

Planning and Community Involvement in Scotland.
http://www.scotland.gov.uk/Publications/2004/07/19666/40347

Disability

Evidence: A number of bodies representing disabled people made representations to the Scottish Parliament's Communities Committee whilst it was considering the Planning etc. (Scotland) Bill. Whilst the Disability Rights Commission ( DRC) welcomed the consultation provisions in the Bill, it wished to see that consultation activity was supported by information accessible in a range of formats.

Consultation/Involvement: Both the DRC and SDEF submitted comments on the proposals contained in the draft Planning Advice Note ( PAN) 81: Community Engagement. The DRC wished to see connections with broader requirements under the Disability Equality Duty.

Gender

Evidence: Defra funded focus groups (organised by the Women's Environmental Network) aimed primarily at looking at environmental decision-making for women. Women in decision-making sets out views of women on barriers to participation. These include a view that there was a lack of information on opportunities to participate and a concern with the use of jargon.

In addition, research contained in Planning and Community Involvement showed that women were slightly more likely than men to become involved in the planning process, but significantly more likely to oppose a planning application. Although not looking specifically at planning related matters, A Gender Audit of Statistics suggested that, as citizens, men and women are equally active, but that their patterns of activity differ in some respects.

Consultation: Results from the Scottish Household Survey set out in Getting Involved in Planning: Summary of Evidence showed that broadly men and women were equally interested in the planning of their area and considered it was important that people should be involved in the planning of their area.

We do not consider that the Hierarchy Regulations would have any implications on gender issues.

Lesbian, Gay, Bisexual & Transgender

Evidence: Currently no evidence.

Consultation: In light of limited information on the views of the LGBT community on the potential impacts of the policy, the Scottish Government sought to raise awareness by advising a number of representative organisations of the draft planning modernisation proposals during the pre-consultation stage.

We are not aware that the Regulations would have any adverse effect in respect of sexual orientation.

Race

Evidence: Representative bodies for race equalities groups made representations on the Planning etc. (Scotland) Bill either at the pre-legislative event or at Stage 1. The Commission for Racial Equality was concerned that whilst the aspiration to strengthen the involvement of local communities within the planning system which underlies the Planning Bill was welcome, measures needed to be put in place to ensure that it did not strengthen the involvement of some sectors of the community to the detriment of others. The Commission was particularly concerned about the relationship of the gypsy traveller community with the planning system.

Consultation: This was undertaken to support the preparation of PAN 81 with a workshop comprising a group of Black and Minority Ethnic young adults. Additionally, a similar workshop was held with a group of gypsy travellers in the Grampian area. These groups put forward views on encouraging participation in the planning process. There was a particular concern relating to access to information and a need to simplify language.

Research contained in Planning and Community Involvement indicated that white Caucasians dominated the responses to planning consultations in Scotland. Of the 142 responses to the questionnaire, only three (two percent) were from an ethnic minority. This is broadly in line with the ethnic mix across Scotland.

Evidence from across Britain indicates that planners have little understanding of the relationship between planning and race equality. English research published in 2004 by the Office of the Deputy Prime Minister found that, 'issues about diversity and planning are not that well understood or a priority in planning practice and procedure.' The research also discovered that while a majority of planning officers had received some training on diversity issues, the training rarely made the link between planning and diversity. Although there is no equivalent research into planning in Scotland, the Commission of Racial Equality's knowledge of individual planning examples indicates that the situation in Scotland is no different. In the Government's experience, Scottish planning authorities have little awareness of the Royal Town Planning Institute's guidance on dealing with racist representations.

http://www.scotland.gov.uk/Publications/2004/07/19666/40347 - Research highlighting the age, gender and race demographic of those involved in the planning system.

Religion and Belief

Evidence: Currently limited evidence.

Only one faith group responded to the White Paper in relation to the hierarchy however they welcomed the proposed new hierarchy, subject to clarification on how the voluntary and not for profit sector, community providers, including faith groups, proposals would fit into the hierarchy. They suggested that such proposals should normally be treated as 'local developments' and that the hierarchy will need to be accompanied by clear thresholds for either site size and/or floor space.

Consultation: In light of limited information on the views of religious and faith groups on the potential impacts of the policy, the Scottish Government sought to raise awareness with such groups by advising a number of representative organisations of the draft proposals during the pre-consultation stage.

We are not aware that the Regulations would have any adverse effect in respect of religion and belief.

Age

We have limited information on the potential impact of this regulation on these groups. We will seek to disaggregate the views from individuals on the proposals by asking respondents to indicate the broad age category they are in. We will also look at the arrangements during the public consultation to engage with organisations representative of such groups.

Disability

We have some information on the views of organisations representative of disabled people on the broad principles of the overarching primary legislation. We are looking for views on the more detailed proposals set out in the secondary legislation. Additionally we will seek to disaggregate the views from individuals on the proposals by asking respondents to indicate whether they consider themselves to be disabled.

Gender

We have some limited information on the potential barriers to engagement for a part of this group. We will seek to disaggregate the views from individuals on the proposals by asking respondents to indicate their gender. We will also look at the arrangements during the public consultation to engage with organisations representative of such groups.

Lesbian, gay, bisexual and transgender

We have no specific information on the potential impact of this policy on this group. We will look at arrangements during the public consultation in an attempt to engage with organisations representative of the LGBT community. We will particularly encourage this group to engage in the consultation process.

Race

We have limited information on the impact of the proposals on race. We will seek to disaggregate the views from individuals on the proposals by asking respondents to indicate their ethnicity. We will also look at the arrangements during the public consultation in an attempt to engage with organisations representative of such groups.

Religion and Belief

We have limited information on the potential impact of this policy on this group. We will look at the arrangements during the public consultation in an attempt to engage with organisations representative of religious and belief groups. We will particularly encourage this group to engage in the consultation process.