National Planning Framework 4 Update on Implementation
North Lanarkshire Council · 2 March 2023
Back to Planning Committee — 2 March 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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North Lanarkshire Council Report Planning Committee Does this report require to be approved? ☐ Yes ☒ No Ref Date 02/03/23 National Planning Framework 4 Update on Implementation From Pamela Humphries, Chief Officer (Place) E-mail laingg@northlan.gov.uk Telephone Gordon Laing, tel 07970 018874 Executive Summary This report sets out some of the implications for the Council as a result of the adoption of National Planning Framework 4 and the application of National Planning Policies contained within it. National Planning Framework 4 became part of the statutory Development Plan for North Lanarkshire on 13th February 2023. From that date there is a requirement to adhere to the National Planning Policies when making decisions on planning applications. Existing Scottish Planning Policy and notably the Clydeplan Strategic Development Plan are no longer in force and their provisions are no longer to be considered when making planning decisions. This is part of a rolling programme of implementation of the Planning (Scotland) Act 2019 with further regulation and guidance related to Local Development Plans, Open Space Strategies and Play Sufficiency Assessments and Regional Spatial Strategies expected at various points during this year. Recommendations It is recommended that the Committee: 1) Notes the adoption of NPF4 as part of the Development Plan and the subsequent effect on the consideration of applications for Planning Permission. 2) Notes that further reports with proposals for meeting the new requirements introduced by NPF4 and changes to the planning system, will be brought forward in due course for consideration. The Plan for North Lanarkshire Priority All priorities Ambition statement All ambition statements
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1. Background 1.1 The Planning (Scotland) Act 2019 received Royal Assent in July 2019. During consultation on the likely provisions of the Act, the Scottish Government highlighted that it sees the planning system as being central to supporting the objective of creating a more successful country with opportunities for all to flourish through increased wellbeing and sustainable and inclusive economic growth. The planning system plays a key role in achieving this goal and the new legislation puts in place a range of new statutory duties and measures to make it more efficient and effective and to ensure it can provide a high-quality service. 1.2 As part of the process to give effect to the provisions of the Planning (Scotland) Act 2019 and the Town and Country Planning (Scotland) Act 1997 as amended the Scottish Government sought views on the proposed National Planning Framework 4 (NPF4) incorporating National Planning Policy, Local Development Plan (LDP) Regulations & Guidance, and Open Space and Play Sufficiency Assessment Regulations & Guidance. This consultation was completed in March 2022 and in November 2022 the Government published a revised Draft National Planning Framework 4 (NPF4) incorporating National Planning Policy. 1.3 On 11 January 2023, the Scottish Parliament voted to adopt National Planning Framework 4 (NPF4), incorporating National Planning Policy. This decision allows the Government to proceed to publish and adopt NPF4 and to lay regulations relating to Local Development Plans. 2. Report 2.1 This report sets out a summary of the structure and key contents of NPF4, the timeline, of publication and adoption of NPF4 and subsequent LDP Regulations and the implications for the application of NPF4 Policies, LDP Policies and potential requirements to seek and consider additional supporting information when dealing with Planning Applications. National Planning Framework 4 (NPF4) 2.2 National Planning Framework 4 (NPF4) was approved by Parliament on 11th January 2023. Scottish Ministers published and adopted the plan on 13 February 2023, and it is now part of the statutory development plan and will directly influence planning decisions. National Planning Framework 3 and Scottish Planning Policy are superseded, and the Clydeplan Strategic Development Plan fell on that date. At that point NPF4 is now in a period when legal challenges can be made, in a similar process to that which the LDP recently underwent. 2.3 In advance of NPF4 adoption, the Government issued advice on transitional arrangements for local development plans, confirming that LDPs already adopted will continue to be part of the development plan and for avoidance of doubt, existing LDP land allocations will be maintained. All decisions made after adoption on 13 February must be made based on the provisions of NPF4, the LDP and any associated guidance irrespective of when the application was submitted. 2.4 The advice also covered implementation of housing policy (Policy 16- Quality Homes) and advice on the consideration of the scope and application of Policies 1- Tackling the climate and nature crises; 2- Climate mitigation and adaptation; 3- Biodiversity; 23- Health and Safety, and 27(d)- Drive-through developments.
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2.5 NPF4 has been significantly redrafted and is now in two main parts covering the National Spatial Strategy and National Planning Policy, with an annex containing further information on National Developments, spatial planning priorities, background information and the housing numbers identified for each Local Authority area. The identified 10-year Minimum All Tenure Housing Land Requirement (MATHLR) for North Lanarkshire is 7,350 units, unchanged from Draft NPF4. North Lanarkshire Council currently has 18,985 undelivered units identified on allocated sites against a remaining requirement for developers to deliver 13,307 units by 2031. Other papers accompanying NPF4 papers comprise a delivery programme and explanatory reports on NPF4 and the housing land requirement. 2.6 The National Spatial Strategy for Scotland 2045 sets six spatial principles: Just transition; Conserving and recycling assets; Local living; Compact urban growth; Rebalanced development, and Rural revitalisation. These principles are expected to play a key role in delivering on the United Nations (UN) Sustainable Development Goals (SDGs) and national outcomes. Translated into a National Spatial Strategy, underpinned by 33 National Planning Policies, the spatial principles will support the planning and delivery of: • sustainable places, where we reduce emissions, restore and better connect biodiversity; • liveable places, where we can all live better, healthier lives; and • productive places, where we have a greener, fairer and more inclusive wellbeing economy. Application of National Planning Policies and implications for the council 2.7 The 33 National Planning Policies are to be applied, as appropriate, when determining all applications for Planning Permission from 13th February 2023. In addition to the policies each Policy Principle also describes Policy Intent, Policy Outcomes, and an expectation for future Local Development Plans. 2.8 Although NPF4 splits policies in the 3 categories of sustainable, liveable and productive places, the policies can be looked at in a similar way to current LDP policies when considering applications. Broadly and not exhaustively, there are policies which will apply in whole or in part to all applications, there are sector specific policies, such as those for retail development, and geographic policies covering particular areas such as the Green Belt. 2.9 Initial assessments are that while some of our policies, particularly ones with thresholds for development derived from Clydeplan, will not be wholly applicable from the 13th of February, NPF4 and LDP policies are generally complimentary but there are nuances which will become apparent as individual applications are considered and reported. 2.10 Although further guidance is expected from the Government its scope is uncertain and we have already identified a range of significant additional or enhanced requirements for consideration when dealing with certain types of planning application. Applicants will be expected to provide additional supporting information, likely in the form of reports or assessments, including requirements for the Council to consider. This will require us to seek advice on the appropriateness of the information submitted. Discussions with other services in the Council, partner authorities and national bodies are under way to identify the most resource efficient solutions to respond to these requirements.
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Further Regulations and Guidance 2.11 The full implications of NPF4 for LDPs are not yet clear as LDP Regulations and Guidance have still to be issued. The Government anticipate these regulations coming into force and publication of related guidance this spring. A further report will be submitted once there is clarity on these matters. 2.12 Regulations and Guidance in relation to the requirement for Open Space Strategies and Play Sufficiency Assessments are expected following the publication of LDP related regulations and guidance with guidance on the duty to prepare Regional Spatial Strategies (RSS) following later. With Strategic Development Plans ceasing to have effect in February the delay in guidance on the RSS, although they are not a part of the statutory development plan system, is unfortunate given the interconnected nature of the Glasgow City Region in terms of its economy, land use and transportation systems which will influence the development of the next LDP. 3. Measures of success 3.1 Consideration of the implications of NPF4 and the identification of resources to meet the enhanced and additional requirements will assist in the maintenance and improvement of planning performance aimed at delivering on the purpose of planning to “to manage the development and use of land in the long-term public interest” 4. Supporting documentation National Planning Framework 4: Revised Draft (www.gov.scot) Pamela Humphries Chief Officer (Place)
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts have been discussed and agreed with Finance? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? The requirements of the legislation are still being assessed with further guidance awaited on implementation and until that position is clear the full impacts cannot be quantified in terms of resource requirements. 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? NPF4 is now part of the Statutory Development plan and Local Planning Authorities will have to comply with the policies and obligations therein in the discharge of their statutory functions. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐
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5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The intention of NPF4 is to primarily deal with the climate and nature emergencies through the application of National Policies and requirements for additional considerations by Local Planning Authorities in the discharge of their duties. 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services.