Bronagh McLachlan-Hunt
- Solicitor
Following the outcome of the July general election, planning emerged as a key policy issue for the new UK government. Within its first couple of days of power, Labour signalled its intent to reform the system in England and overhaul existing procedures in respect of onshore wind, nationally significant infrastructure projects and the classification of certain land for housing development.
The last of these measures seeks to re-classify low value greenfield and brownfield land (land which has previously been developed) to tackle the ongoing housing crisis. However, it raises some key questions: to what extent will these measures influence matters in Scotland, and will there be a policy shift in Scotland to permit the release of additional land for the purpose of housing?
Firstly, it is important to remind ourselves that planning remains firmly a devolved matter, falling within the remit of the Scottish Government. As such, the UK government’s National Planning Policy Framework, will not disturb Scotland’s extant National Planning Framework (“NPF4”), which was adopted in February 2023.
NPF4 is robust in creating a consolidated suite of policies against which a proposed development is assessed. In the context of rural housing, the Scottish Government claims that NPF4 makes strides to implement an enabling approach to development in the countryside. It advocates for sustainable houses that are suitably sited to positively contribute to the immediate rural community. Indeed, in the growingly expensive housing market, NPF4 combines rural and affordable housing and mandates a certain percentage of new developments be designated as affordable homes for the rural community. In doing so, it seeks to ensure that local populations, including younger generations and essential workers, can afford to live in rural areas. This strikes at the heart of one of the statutory cornerstones of NPF4: to arrest the decline in rural homes and to prevent the erosion of rural amenity.
Against such backdrop, Scottish policy is narrow, seeking to dissuade rural settings from being exploited. However, the same level of protection may no longer be guaranteed in England to an equal extent, creating potential divergence between Scotland and England. While the UK government is yet to announce its full plan to increase the production of new homes, it is expected to involve a re-classification of low rated greenfield and brownfield sites around the greenbelt for housing sites. The Scottish Government has not given any indication that it will follow suit. However, much like the rest of the UK, Scotland faces its challenges in respect of housing. Indeed, in a letter of June 2024, Chief Planner, Dr Fiona Simpson acknowledged that Scotland is similarly facing a “national housing emergency”.
In the immediate term it must be remembered that housing is a marketplace and barriers to development in Scotland may encourage housing developers to focus their efforts down south. NPF4 as adopted last year will continue to guide decision makers on planning applications. Town planners must read NPF4 holistically to reach a balanced judgement, considering all relevant policies. Until such time as the 2025 Scottish election is decided, the likelihood of immediate change which seeks to mirror the English approach seems unlikely.
If you wish to discuss how the changes will impact you, please contact bronagh.mclachlan-hunt@andersonstrathern.co.uk or your usual Anderson Strathern contact.