Planning Modernisation and Micro-Hydro

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

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

3. 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unresponsive to environmental & social needs undemocratic, unfair and confusing Development plans were often out of date and didn’t provide clear guidance for developers 1. Why Planning Modernisation was Needed...

4. 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) 2. A New Role for Planning…

5. 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’ A New Type of Planning System

6. (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 3. A New Role for Scottish Government

7. ‘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 (ii) Further tasks post-modernisation:

8. 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 (iii) A re-aligned role in working with planning authorities:

9. 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 (iv) Changing mind-sets:

10. 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… 4. Operational Aspects of Planning Modernisation

11. 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 (i) Scottish Planning Policy:

12. 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 (ii) National Planning Framework 2:

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

14. Most relevant Circulars for FREDS Micro- Hydro: Circular 1 2009 Development Planning Circular 4 2009 Development Management Procedures Circular 5 2009 Hierarchy of Developments Circular 6 2009 Planning Appeals Circular 7 2009 Schemes of Delegation and Local Reviews Circular 8 2007 EIA (Scotland) Regulations 1999 Circular 1 2010 Planning Agreements (iv) New Planning Circulars:

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

16. (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

17. Appeals/reviews now within 3 not 6 months Schemes of Delegationallow 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 (vii) Appeals, Schemes of Delegation and Reviews

18. 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 (viii) Planning Agreements

19. 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? (ix)PAN Renewable Energy Technologies:

20. 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 5. Opportunities for Micro-Hydro:

21. 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 (ii) Development Management:

22. 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!! Summary & Conclusions

23. 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). Micro Hydro and PD Rights