National Planning Framework 4 (NPF4): Impact on Local Development Plans and Progression

Over the past year, many Local Planning Authorities paused the progression of their next Local Development Plan while awaiting the formal adoption of National Planning Framework 4 (NPF4). Since NPF4's adoption on 13 February 2023, many authorities have resumed preparatory work on their respective plans.

NPF4 has superseded National Planning Framework 3 and Scottish Planning Policy (SPP) and now forms part of each Council’s development plan. Unless material considerations indicate otherwise, decisions on planning applications will need to be made in accordance with both NPF4 and the requirements of the local development plan.

Recent appeal decisions highlight the importance of Policy 16 ‘Quality Homes’ in NPF4. While the policy aims to “encourage, promote, and facilitate the delivery of more high-quality, affordable, and sustainable homes in the right locations, providing choice across tenures that meet the diverse housing needs of people and communities across Scotland,” it fails to support the development of unallocated housing land. It does not provide any alternative option to promote a development site outside the standard development plan process. Policy 16 (f) outlines the very limited circumstances in which new homes on land not allocated for housing are permitted. Therefore, engagement with and seeking to bring housing sites forward via the local development plan process will become increasingly important for residential developers.

In the past, there was a potential alternative route to obtaining planning permission for residential development outside the local development plan process. Developers could utilise Scottish Planning Policy’s presumption in favour of sustainable development and the tilted balance in favour of such development in cases where a shortfall within the Local Development Plan’s housing land requirement was identified. Following the adoption of NPF4, this alternative route is no longer available.

Following the adoption of NPF4, McInally Associates have continued to monitor the progress of each Local Development Plan within Scotland and have provided an update below in relation to some of the most important updates. It should be noted that not all Local Planning Authorities have re-commenced the progression of their Local Development Plans.

The implementation of The Planning (Scotland) Act 2019 has introduced significant changes to the way LDPs are prepared. The period of longevity of LDPs has been increased to ten years from the previous five, with opportunities for interim reviews on certain matters. It has also resulted in changes to the local development plan process, which are outlined below.

Evidence Report

The Evidence Report is the first formal stage in preparing a Local Development Plan. It sets out to inform what to plan, and thereafter the Proposed Plan will be produced, which looks at where development should take place. The purpose of the Evidence Report is to provide baseline data, ensuring emerging local plans are based on sound evidence to inform a deliverable, place-based, and people-focused LDP.

Gate Check

Following the production of the Evidence Report, the Gate Check is the next stage in the process where it will be determined by an independent assessment whether the Council has sufficient information to prepare an LDP. This assessment (of the Evidence Report) will be carried out by a Reporter from the Directorate for Planning and Environmental Appeals (DPEA).

Should the Reporter decide there is sufficient information, the Council may then move to prepare and publish their Proposed Plan. However, if it is concluded that there is not, the Council will be required to address any deficiencies before progressing the plan any further.

Proposed Plan

Following the Evidence Report and Gate Check, Local Planning Authorities may decide to undertake a ‘Call for Ideas/Sites’ to help inform the proposed plan. This would be open to anyone to propose ideas for any aspect of the emerging LDP, including suggested housing development sites. The Proposed Plan will identify where new development should take place and where it should not. It can articulate the ambitions and priorities for the future development of the plan area.

After the ‘Call for Ideas/Sites’ process has been undertaken, the Proposed Plan will be finalised. Once published, there will be a 12-week consultation period to allow representations from everyone, including all stakeholders and interested parties, to be submitted to the Council. Following the close of the period for representations on the Proposed Plan, the Local Planning Authority may make modifications to the plan to take account of representations, consultation responses, or correct minor drafting and technical matters. A Modification Report will set out any modifications made and explain the reasons for making them and for not making changes where matters have been raised in significant numbers. The Proposed Plan will then be republished and submitted to Scottish Ministers, who will examine any unresolved representations via a formal Examination.

Examination

The examination process is carried out by a person appointed by Scottish Ministers - a Reporter from the Directorate for Planning and Environmental Appeals. It is the opportunity for independent consideration of any issues raised during the formal consultation on the Proposed Plan that have not been resolved through modifications. The scope of the examination is limited only to issues raised in unresolved representations. These issues will be set out by the planning authority, and it is the Reporter who will determine the form the Examination will take. Only where the Reporter feels they do not have all the information they need to make a proper assessment of an issue will they request further information from any person.

If, having completed the examination, the Reporter is not satisfied that the Proposed Plan allocates sufficient land to meet the Local Housing Land Requirement (LHLR), instead of preparing an Examination Report, they may issue a notice that requires the Local Planning Authority to prepare another Proposed Plan. If the Reporter is satisfied that the Proposed Plan allocates sufficient land to meet the LHLR, then the Reporter will publish an Examination Report containing their conclusions and recommendations for each of the unresolved issues. Upon receipt of the Examination Report, the Council must accept the Reporter’s recommendations (except in some very limited circumstances) and will modify the Proposed Plan as directed.

Adoption

Once modified, the Local Planning Authority will proceed to adopt the Local Development Plan, which alongside NPF4 will be the basis against which to make decisions on planning applications.

Please see below an update on the progress of some of the emerging local development plans in Scotland.

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East Ayrshire Local Development Plan 2 / Local Development Plan 3

The East Ayrshire Local Development Plan 2 was submitted to the DPEA in February 2023. At the time of writing, three reporters have been appointed to the examination, which is expected to conclude in Autumn 2023.

The Council is at the very start of the LDP3 preparation process, with the preparation of the Evidence Report currently expected to begin in late 2023. The Gate Check procedure and preparation of the proposed plan are expected in 2025.

East Renfrewshire Local Development Plan 3

East Renfrewshire Council has commenced early engagement with local communities regarding how local people would like to be consulted and involved within the next local development plan. It is anticipated that the Development Plan Scheme (which will outline the key timeline/milestones relating to the next local development plan) will be published later this year.

Falkirk Local Development Plan 3

Falkirk Council has commenced the process of preparing a new Local Development Plan (LDP3) to guide growth and change in their communities for years to come. As part of the Evidence Gathering Stage, the Council ran a consultation from 27 February to 30 June 2023, inviting people who live and work within the area to share their thoughts. The Development Plan Scheme (published in March 2023) indicates that they intend for the Evidence Report to be sent to the Scottish Ministers for Gate Checking between March and September 2024. Preparation of the proposed plan will commence after this time, with a Call for Ideas/Sites consultation currently timetabled for October 2024.

Glasgow City Development Plan 2

The Development Plan team, in collaboration with the Spatial Strategy team, is involved in several work streams relating to the preparation of City Development Plan 2 Evidence Gathering Stage, including:

• Gathering and Collating Evidence

• Stakeholder Engagement

• Local Place Plans

• Strategic Environmental Assessment

• Site Assessment Methodology

• Forestry and Woodland Strategy

• Play Sufficiency Assessment

The Development Plan Scheme (published by Glasgow City Council in August 2023) indicates that the Council intends to have their Evidence Report completed by June 2024 and submitted to the Scottish Ministers to be Gate Checked. Preparation of the proposed plan will commence after this time, with a call for sites/ideas currently timetabled for Q2 of 2024.

Inverclyde Local Development Plan 3

Inverclyde Council is preparing a new Local Development Plan which, on adoption, will supersede the 2019 Plan. On 17 May 2021, Inverclyde Council published its Proposed Local Development Plan. The consultation period ran until 9 July 2021 and is now closed. It is likely that the Council will be required to publish a Modified Proposed Inverclyde Local Development Plan 3 due to housing issues that were identified. Inverclyde Council has been unable to provide an expected date for the publication of the Modified Proposed Plan but has indicated that the plan will be required to be prepared under the Planning (Scotland) Act 2019. McInally Associates' most recent correspondence with the Local Planning Authority in February 2023 indicated that they did not envisage the plan would be prepared any time soon.

North Ayrshire Local Development Plan 3

North Ayrshire Council has commenced the process of preparing a new Local Development Plan (LDP3). As part of the Evidence Gathering Stage, the Council ran a consultation survey which asked people about the places they live, which closed in June 2023. This survey will assess local places, looking at what is good now and how it could be better in the future, considering the physical and social aspects that make a place. The Development Plan Scheme (published in October 2022) indicates that they intend for the approval of the Evidence Report at Full Council and submission to the Scottish Government to occur in Q1 of 2024. Preparation of the proposed plan will commence after this time, with a Call for Ideas/Sites consultation currently timetabled for Q2 of 2024.

North Lanarkshire Local Development Plan 2

The North Lanarkshire Local Development Plan was adopted on 6 July 2023. At present, there are no certain dates regarding the preparation of the next North Lanarkshire Local Development Plan 2. However, the Council hopes to produce a Development Plan Scheme in the coming months, which will outline a timetable. As with other Local Development Plans, the process will first involve the preparation of an Evidence Report for the Gate Check process. Preparation of the proposed plan will commence after this time, with an estimation of a Call for Ideas/Sites not expected until early 2025.

South Lanarkshire Local Development Plan 3

South Lanarkshire Council has confirmed they will shortly start preparing a replacement Local Development Plan (to be known as LDP3). They have noted that the new plan will focus on outcomes that will deliver better places for local people and communities, tackle inequalities, and address the climate and nature crises. The Development Plan Scheme (published by South Lanarkshire Council in August 2023) indicated that the Evidence Report would be prepared and submitted for Gate Checking in Q2 of 2024, with the Call for Ideas/Sites scheduled for Q4 of 2024.

West Lothian Local Development Plan 2

West Lothian Council has commenced work on the preparation of a new Local Development Plan which, on adoption, will supersede the 2018 plan. Work is underway on the Evidence Report, and early engagement with communities is also underway. The current timetable for the Evidence Report aims for the Council's approval of the Evidence Report and submission to Scottish Ministers in Q1 2024. The Gate Check is timetabled for Q2 of 2024. Preparation of the Proposed Plan will commence after this time, with a Call for Ideas/Sites consultation currently timetabled for Q3 2024.

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We encourage early involvement in the development process to achieve the best results for your proposals. We invite you to reach out to us for support with your development proposals for the emerging Local Development Plans. At McInally Associates, we possess extensive experience in this field and are ready to assist you in navigating the process. Whether you wish to make a representation or simply discuss your options, please feel free to contact us at 0141 332 5181 or advice@mcinally-associates.co.uk.