SPP 3 LAND FOR HOUSING CONSULTATIVE DRAFT
INTRODUCTION
1. SPP3: Planning for Housing was first published in February 2003 to provide policy direction on the provision of well-located, high-quality new housing through the planning system, including the provision of a sufficient supply of land and the creation of quality residential environments. Since its publication, there have been indications that SPP3 has not been as effective as intended, particularly in regard to the generous release of land for housing. Persistent difficulties in bringing forward land for housing identified in local plans, and the resultant delays in the creation of new houses, illustrate the continuing problems facing local authorities and house builders. Stakeholders in local government, housing associations and the development industry have indicated that the absence of an adequate land supply is a major impediment to the provision of new housing in Scotland.
2. Revising SPP3 will provide the opportunity to address these ongoing problems, as well as those that have come to light recently. The revision will strengthen and reinforce planning policies to help meet new priorities on the provision of new housing in Scotland, as expressed in documents such as Firm Foundations, The Scottish Government's discussion paper on the future of housing in Scotland. The revision will also take place in the context of the changes to the planning system that will be brought about in the next few years by the Planning etc. (Scotland) Act 2006.
3. The review has followed particular core principles:
- ways in which the link between assessed housing demand and need and development planning and its implementation can be strengthened and broadened. There is currently insufficient integration between local housing strategies and development plans, and the review has sought to address this, as well as links with the community planning process. There is a need for a more consistent approach to assessments of housing requirements based on a clear process and an improved methodology, and the revised SPP3 emphasises links with the Strategic Housing Need and Market Assessment guidance, currently being prepared by The Scottish Government Housing and Regeneration Directorate;
- greater clarity on the link between identified housing requirements and the release of land to meet these. In areas where there are particular pressures on housing supply, quicker release of land for housing and promoting the more effective use of existing housing land allocations are two mechanisms that the review will consider. Additionally, the review will consider how SPP3 could be used in certain circumstances to bring forward new housing land supply in pressured areas, and to respond more flexibly to market changes;
- the provision of more affordable housing, including an improved mix of tenures. The review has sought to strengthen affordable housing policy and refers specifically to guidance in Planning Advice Note 74: Affordable Housing ( PAN 74), which suggests a benchmark of 25% of the total number of housing units on each site in areas of need should be affordable housing units;
- improvements in the quality and design of housing generally, including affordable housing,, particularly around energy efficiency;
- reflecting recent changes to the planning system in Scotland; and
- providing revised guidance on Houses in Multiple Occupation and Housing Land Audits, both of which will annexed as part of SPP3.
4. These core principles, along with the response to continued systematic problems and the policy context in which the review has been carried out, will assist in making SPP3 more responsive to the needs of the housing market. An underlying aim of SPP3 is to provide a framework for the actual construction of new houses to meet both short-term and long-term requirements.
5. The consultative draft follows a process-based structure, which is designed to allow local authorities and house builders to work through SPP3 on a step-by-step basis. This emphasises the different stages that are involved in the provision of land for housing, from the identification of housing needs to the delivery of housing, and the various considerations that are required at each stage. Particular attention has been given to quality, good design and energy efficiency. These underlie the entire process and are addressed at various points throughout SPP3.
Strategic Housing Need and Market Assessment guidance ( SHNMA)
6. The Strategic Housing Need and Market Assessment guidance is a tool that local authorities should use to assist with the preparation of local housing strategies. It is intended to publish this guidance in spring 2008. The consultative draft SPP3 includes an annex of this guidance, the purpose of which is to provide an overview of the SHNMA process and to emphasise its links with SPP3. The policy set out in the consultative draft of SPP3 is that local authorities should follow the SHNMA guidance when preparing local housing strategies. The annex is not a substitute for the full guidance.
7. The focus of this consultation is SPP3 and its annexes. While comments on the SHNMA annex, and its value as an overview of the full guidance, are welcomed, we are not seeking comments on the SHNMA process itself.
Housing Land Audits ( HLA)
8. The approach to undertaking Housing Land Audits is currently covered in PAN38 - Housing Land. Our intention is to withdraw PAN38 and deal with its contents in SPP3. Much of this is done within SPP3 itself, particularly section 2, but detailed guidance on HLAs is provided in an annex.
Houses in Multiple Occupation ( HMO)
9. Advice on the interface between planning and HMOs is contained currently in Circular 4/2004: Guidance on the interface between planning control and licensing. Concerns have been raised about the potential negative effects of high concentrations of HMOs on communities, with calls for the introduction of limits on the number of HMOs allowed in particular areas. In response to this, but mindful of the need to provide appropriate HMO accommodation where it is required, it is proposed that Circular 4/2004 is withdrawn, and its principles reflected in an annex to SPP3. This is addressed by Annex B. In addition, SPP3 provides advice to local authorities on considering HMO requirements in development plans at paragraph 33.
10. We welcome specific comments on the proposed annex and the role of SPP3 in addressing concerns over HMOs.
Strategic Environmental Assessment Environmental Report
11. The revised SPP 3 was subject to screening and scoping under the Environmental Assessment (Scotland) Act 2005. Following these processes (details of which can be found at http://www.scotland.gov.uk/Publications/2007/11/02105716/0) it was determined in conjunction with the Consultation Authorities (Scottish Natural Heritage ( SNH), the Scottish Environment Protection Agency ( SEPA) and Historic Scotland ( HS)) that a full Strategic Environmental Assessment ( SEA) was required. The resultant Environmental Report is at page 75 of this consultation paper. The report identifies, describes and evaluates the likely significant environmental effects that will result from the implementation of the provisions of the revised SPP3, and is the main consultation document in the SEA process. It considers the effects on biodiversity, flora and fauna; social and health policy; soil; water; air quality; climate change; material assets (ie, economic development, transport, energy and waste); cultural heritage; and landscape.
12. Views are invited on the SEA Environmental Report, and the range of likely environmental effects identified, as well as opportunities for mitigating action.
Regulatory Impact Assessment ( RIA)
13. The revised SPP3 has been subject to Regulatory Impact Assessment, and a partial report is contained in this consultation paper. The partial RIA considers the costs and benefits of implementing the provisions of the revised SPP3, including who is most likely to be affected. We have taken the view that everyone in Scotland is likely to be affected in some way by SPP3, given that its central purpose is to bring about more land for housing. However, the greatest impact will be felt by local authorities and house builders, and the partial RIA considers this in particular detail. It has not yet been possible to provide estimates of actual costs; however, the partial RIA attempts to consider as far as possible the extent of SPP3's impact, and views on likely costs are welcomed.
14. Those who are likely to be affected by SPP3 are invited to respond, and we are keen to hear views on the partial RIA from all participants.
Equalities Impact Assessment ( EqIA)
15. The revised SPP3 has been subject to an Equalities Impact Assessment, which has focused on The Scottish Government's equalities strands (disability, LGBT, gender, race and religion). The partial EqIA contained in the consultation paper considers the potential effects of SPP3 on these groups. We are keen to hear views on the likely effects of SPP3 on these equality groups, and on others not identified specifically by the EqIA. We have included a wide range of equalities organisations and groups in the consultation process, which we hope will provide the opportunity to comment on the EQIA and on SPP3 generally. We are also keen to hear views on the EqIA from all participants in the consultation.
16. A full EqIA will be published at the same time as the final version of SPP3. The final SPP3 will reflect the views expressed during the consultation about the potential impact on equalities groups.
The consultation paper and responses to the consultation
17. The consultative draft represents our proposed policy on planning for housing. This has been drafted by The Scottish Government Planning Directorate in conjunction with The Scottish Government Housing and Regeneration Directorate. A stakeholder group consisting of representatives of local authorities, house builders, housing associations and community councils, and chaired by The Scottish Government's Chief Planner, has also contributed to the drafting process.
18. The consultation paper asks specific questions at various points, and we are particularly keen to hear your views on these. Participants are free to offer their opinion on any other aspect of the consultative draft, and such comments are welcomed. The responses received will be collated and analysed, and taken into account when drafting the final revised SPP3. A consultation report will also be published, which will discuss the responses received, how they were analysed and how they contributed to the final revision.
Dissemination
19. Following the publication of the revised SPP3 (which is planned for May 2008), we intend to undertake a dissemination programme with those who will be affected by its provisions. This will be an opportunity to discuss the scope and intended effect of SPP3, as well as to provide further advice on how the policy should be applied to meet local circumstances. In particular, this will provide the chance to consider the way in which SPP3 should work in conjunction with other relevant guidance.