Committee
Local Government and Communities Committee 31 October 2018
31 Oct 2018 · S5 · Local Government and Communities Committee
Item of business
Planning (Scotland) Bill: Stage 2
Amendment 141 is consequential on amendment 140. Committee members and others present might be pleased to hear that I do not intend to move it, because I have had reassurances from the Scottish Government and the Scottish Environment Protection Agency in relation to amendment 140, on permitted development rights, which I did not move. Amendment 331 is designed to ensure that the planning system can be used to enable and support local decision makers to explicitly weigh up the long-term cost implications and climate change impacts of development proposals against potentially competing considerations such as shorter-term economic considerations. The amendment is supported by Stop Climate Chaos Scotland, which is a broad coalition of groups including trade unions, community groups and churches as well as non-governmental organisations. It is important that decisions in housing and transport planning, for example, are based on comprehensive information regarding the environmental impacts of infrastructure. Frankly, current practice is generally poor when it comes to considerations of lifecycle energy use and contributions to greenhouse gas emissions. 09:45 Requiring national and major developments to conduct a lifecycle greenhouse gas emissions assessment would help decision makers to make more informed judgments when weighing up project proposals, leading to more sustainable development and avoiding investment that will not serve us all well in the future. Amendment 331 would oblige a planning authority to consider “the likely impact of the development’s lifecycle greenhouse gas emissions on achieving national greenhouse gas emissions reduction targets”. Amendment 331 refers to the Climate Change (Scotland) Act 2009, so it might be that further consideration must be undertaken, even if there is a keenness on the amendment, given that the Climate Change (Emissions Reduction Targets) (Scotland) Bill is currently being considered by the Environment, Climate Change and Land Reform Committee. As amendment 331 says, “‘lifecycle greenhouse gas emissions’ means the emissions associated with the construction, operation and decommissioning of a development.” I believe strongly that Scotland must future proof in that area. Amendment 230 would require community open space to be a condition of planning permission for a development of four or more dwellings. This is a probing amendment. It defines “community open space” as space with “green infrastructure or civic areas” and excludes parking spaces from falling under that definition. It is about creating positive living spaces for people, setting the tone for more communal environments, with potential benefits in terms of health, air quality, the local economy, inequality issues and general mental wellbeing. Homes for Scotland highlighted concerns about amendment 230 in relation to a risk to already marginal activity that might be made unviable. As a representative for South Scotland, which is partly rural, I understand the concern, but I believe strongly that Scottish residents have a right to public community spaces where they live. In a similar way to the way in which amendment 227, which has already been considered, dealt with the play sufficiency assessment, amendment 230 highlights the importance of our living spaces and place making, with an emphasis on the need for community space in our housing developments. Finally, I want to speak positively about Mark Ruskell’s amendment 318.
In the same item of business
The Convener
SNP
Agenda item 2 is day 5 of stage 2 of the Planning (Scotland) Bill. I welcome to the meeting the Minister for Local Government, Housing and Planning, Kevin St...
The Convener
SNP
Amendment 257, in the name of the minister, is grouped with amendments 145 to 147.
The Minister for Local Government, Housing and Planning (Kevin Stewart)
SNP
Good morning, convener. This group of amendments relates to a planning authority’s ability to refuse to even deal with an application. The current provisions...
Claudia Beamish (South Scotland) (Lab)
Lab
Good morning. Amendment 145 aims to increase from two years to 10 years the time period that local authorities would have to deal with multiple similar appli...
Monica Lennon (Central Scotland) (Lab)
Lab
Good progress has been made in the context of Claudia Beamish’s proposals: the minister has moved from his predecessor’s position. I welcome the local exa...
Annabelle Ewing (Cowdenbeath) (SNP)
SNP
Amendment 257 deals with the important issue of serial applications, and I am pleased to note that the minister has responded to concerns that I and, I am su...
Kevin Stewart
SNP
I am happy that Ms Ewing has highlighted the discretion that already exists. I have to say that, at times, it is frustrating for me as the minister to have t...
Claudia Beamish
Lab
Will the minister give way?
Kevin Stewart
SNP
Very briefly.
Claudia Beamish
Lab
The minister says that guidance cannot change the meaning of legislation, but surely it can reflect what the bill says in terms of developing clarity. I beli...
Kevin Stewart
SNP
As I said, guidance cannot change the meaning of primary legislation. That is a matter for the courts. Beyond that, as I have just pointed out, we cannot set...
Monica Lennon
Lab
Will the minister give way?
Kevin Stewart
SNP
Very briefly.
Monica Lennon
Lab
I will be brief, minister. Were the same arguments not levied against your proposal to move from a five-year to a 10-year local development plan cycle, and h...
Kevin Stewart
SNP
There are real differences between what is being proposed here and what was proposed with regard to the local development plan cycle. The idea behind the mov...
The Convener
SNP
The question is, that amendment 306 be agreed to. Are we agreed? Members: No.
The Convener
SNP
There will be a division. For Lennon, Monica (Central Scotland) (Lab) Simpson, Graham (Central Scotland) (Con) Stewart, Alexander (Mid Scotland and Fife)...
The Convener
SNP
The result of the division is: For 4, Against 3, Abstentions 0. Amendment 306 agreed to.
The Convener
SNP
Amendment 318, in the name of Mark Ruskell, is grouped with amendments 80, 141, 208, 294, 324, 331, 323, 323A, 230, 263 and 335.
Mark Ruskell (Mid Scotland and Fife) (Green)
Green
The inspiration for amendment 318 came from the Scottish Parliament’s first ever inquiry into air quality, which the Environment, Climate Change and Land Ref...
Jeremy Balfour (Lothian) (Con)
Con
Amendment 80 aims to ensure that, when applications are made to a planning authority for planning permission regarding developments of housing that is suitab...
Claudia Beamish
Lab
Amendment 141 is consequential on amendment 140. Committee members and others present might be pleased to hear that I do not intend to move it, because I hav...
Graham Simpson (Central Scotland) (Con)
Con
Before you do that, I would like to ask about amendment 230. The amendment says that the requirement to provide community open space should apply to any deve...
Claudia Beamish
Lab
I would like to hear other members’ comments before I make a decision about whether to move the amendment. That might seem to contradict what I said about it...
Alex Cole-Hamilton (Edinburgh Western) (LD)
LD
Good morning. It is great to be back, and I thank the committee for having me. Amendment 208, in my name, concerns the proliferation of housing development ...
John Finnie (Highlands and Islands) (Green)
Green
We are discussing the determination of applications, so people might be a bit surprised to see the word “demolition” feature in amendment 294, in my name. Ho...
Graham Simpson
Con
Amendment 324 deals with biodiversity. I have spoken quite a bit about the need to deliver more houses in the right places, but that should not be at the exp...
Mark Ruskell
Green
All that amendment 318 requires is consideration of adequate mitigations. If a road was being built that would be fine, but there would have to be considerat...
Graham Simpson
Con
Yes. It is a question of unintended consequences that could be used to stop things that would be desirable. I have no idea what will happen if the amendment ...
Monica Lennon
Lab
I have not had the chance to speak to Claudia Beamish in detail about her proposal, but we have talked in committee about trying to encourage smaller builder...