Scottish Planning Policy - finalised amendments: impact assessments – December 2020

Equality Impact Assessment Screening

The Scottish Government has considered the finalised changes to the Scottish Planning Policy to establish the extent to which they will impact on the requirements of the Equality Act 2010. Specifically the need to eliminate discrimination, advance equality of opportunity and to foster good relations. We have revisited our original screening and updated it to reflect consultation views, available evidence and the finalised policy amendments.

Screening questions

1. Will your policy affect people, or will your policy impact on another policy that affects people?

No, for the following reasons:

• The amendments will be time-limited. The amendments will only be applicable between their adoption and the National Planning Framework 4 being adopted by summer 2022.
• The amendments do not preclude the application of professional planning judgement in each case. The Scottish Planning Policy is a non-statutory policy, but a significant material consideration. The amendments will not directly lead to planning permission being granted or refused, as that is a matter for decision-makers in each case, taking into account the statutory development plan and other material considerations as appropriate.
• The impact on numbers of homes delivered is unknown but could reasonably be expected to be neutral. Some respondents to the consultation were of the view that the changes we originally proposed may reduce the number of homes granted planning permission. It is not possible to accurately predict the number of homes that may, or may not, gain planning permission in the absence of the policy amendments. Only developments which are not in accordance with the statutory development plan and which may not be considered to be sustainable without the use of a "tilted balance" are likely be affected. Based on the approach taken by Reporters to date, we do not expect that unsustainable developments will have benefited from the presumption prior to the Gladman decision being issued, to any significant extent We accept that the number of homes gaining planning permission on 'exception sites' may reduce as a result of some of the amendments. However, the SPP should be read and applied as a whole. The further amendments now proposed will mean that exceptional housing sites can still be brought forward, and gain consent, where they are considered to be sustainable development.
• The overarching presumption will be retained, albeit reworded. As a result, and based on our evaluation of its role to date which shows that it has been a relevant but not a determinative consideration in non-housing cases, we expect that it can still be applied broadly to applications for wider types of development. As a result the effect of the changes on other sectors is expected to be limited.

In terms of specific responses to the consultation, some stakeholders suggested that there may be impacts on equalities matters, for example in relation to providing homes for older people. Others argued that there would be benefits if the changes reduced the focus on arguments about housing numbers, to allow resources to focus more on delivering outcomes including eradicating inequality and delivering quality homes on the ground.

Taking into account these views and the finalised policy amendments, we do not consider there would be impacts on any different communities/equality groups in Scotland arising from the revised policies.

2. Will your policy affect other policies, organisations or work which could affect equality?

No effects are expected. See above.

3. Will individuals have access to, or be denied access to, a service or function as a result of your policy or the changes you propose to make?

No effects are expected. See above.

4. Will the implementation of your policy directly or indirectly result in: individuals being employed, a change in staffing levels, terms and conditions, employer or location?

No effects are expected. See above.

5. Is there a change in the size of the budget, or an impact on resources, and will this change (potentially) impact on individuals? (For example, will a service be withdrawn, changed or expanded?)

No effects are expected. See above.