Planning: A framework for sustainability?

I last reported on the emerging National Planning Framework 4 (“NPF4”) in my article at Journal, January 2022, 38. 

NPF4 sets out the Scottish Government’s key planning policies for how and where Scotland should develop until 2045. Extensive consultation has now been concluded and the Government laid the Revised Draft NPF4 (extending to 160 pages) before the Scottish Parliament on 8 November 2022. It is anticipated that it may be approved by the Parliament in late January, with ministers adopting it shortly thereafter. I am pleased to report that NPF4 is greatly improved and a much clearer and more coherent policy document than that which was consulted on.

My understanding is that the role of the Parliament will be to debate NPF4 but it will not be subject to amendment. NPF4 will either be (most likely) approved in whole or rejected by the Parliament.

With a lifespan of 10 years, NPF4 is the Government’s long-term spatial strategy combined with a comprehensive set of 33 national planning policies, which when adopted will form part of the development plan for decision-making. Even in its unadopted form, NPF4 is already exerting a significant effect on new development proposals as it is a material planning consideration in decision-making, being the Government’s settled view on national planning policy.

Once adopted, NPF4 will enjoy development plan status, which means that in law (under s 25 and s 37(2) of the Planning Act) there will be a legal presumption in favour of consent being granted for development proposals that conform to NPF 4, and conversely one against consent for those which do not. NPF4 will therefore exert a very significant influence on what is built (or not built for that matter) and where.

NPF4 and LDPs

The policy framework of NPF4 is complex and will involve detailed policy assessments for new development proposals. NPF4 will not replace the planning authority’s local development plan (“LDP”), but will create a second tier of development plan, with existing strategic development plans being abolished. In addition, regional special strategies and local place plans will be material considerations. 

Under the Planning Act, in the event of a conflict between NPF4 and the LDP, the latter will take priority, meaning that it is possible for a planning authority (in theory) to override policies of NPF4 with its LDP, but that seems unlikely as a Scottish Government reporter will be examining an LDP for consistency. Nevertheless, tensions may be created where NPF4 and a local development plan do not align, and in some instances this will make for complex and detailed policy assessments for new development proposals and those being considered at appeal. 

Although some planning authorities have delayed bringing forward their replacement LDPs while NPF4 is being finalised, others have proceeded, and a number of proposed LDPs will shortly be examined by reporters and presumably checked for consistency with NPF4.

Principles and policies

NPF4 contains a national spatial strategy, which guides decisions on development proposals and aims to produce some new concepts: “just transition”, “conserving and recycling assets”, “local living”, “compact urban growth”, “rebalanced development”, and “rural revitalisation”. These spatial principles are then translated into:

• “sustainable places” – where emissions will be reduced, with restored and better connected biodiversity;
• “liveable places” – where people can live better, healthier lives;
• “productive places” – which produce a greener, fairer and more inclusive wellbeing economy.

At the heart of NPF4 are policies to address the global climate and nature crises, and as one might expect, it provides significant support for renewable energy projects, with all onshore and offshore renewable electricity generation exceeding 50MW being considered as “national development” – which will still need permission but in circumstances where the “need” for the development has been established. There are in total 18 national developments which support the delivery of NPF4, including Edinburgh and Dundee waterfronts, and urban mass/rapid transit networks. 

Under housing, NPF4 states that provision of affordable homes on a site will be at least 25% (it expects that to be exceeded) of the total number of homes. Annex E sets out the “minimum all-tenure housing land requirement” for the whole of Scotland by planning authority area, including for example 36,000 homes for Edinburgh in a 10 year period. 

NPF4 will exert a profound influence on land use and investment in Scotland, and provide the key policies to assist in achieving net zero sustainable development by 2045. Whether NPF4 will deliver on this remains to be seen.