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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Session 6: 13 May 2021 to 8 April 2026
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Displaying 1557 contributions

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Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 25 April 2023

Joe FitzPatrick

Kristen?

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 25 April 2023

Joe FitzPatrick

The key agencies are the same key agencies that were in the 2008 regulations. There are some changes, because some of the organisations have changed their names; for instance, Scottish Natural Heritage is now NatureScot. There are also a couple of new agencies; for instance, South of Scotland Enterprise effectively has the same role as Highlands and Islands Enterprise, although they have different geographies. Those are the main changes but, largely, the list is based on the list in the 2008 regulations.

With regard to which agencies are key and which are not, some of the agencies that might make sense as key agencies, such as Transport Scotland and Marine Scotland, are agencies of the Scottish Government, so the legislation does not allow them to be key agencies—although it is absolutely important that they are engaged. Guidance will make it clear that some of those big organisations should still be connected.

You mentioned Network Rail and VisitScotland. Obviously, Network Rail is part of the UK Government, but the regional transport partnerships are in the list. I think that VisitScotland is probably in a similar place to the other groups that I mentioned.

Local Government, Housing and Planning Committee

Community Planning Inquiry (Post-legislative Scrutiny of the Community Empowerment (Scotland) Act 2015)

Meeting date: 25 April 2023

Joe FitzPatrick

We have to acknowledge that we need to continue to invest in building capacity, because that is never going to be a done deal. One of the ways in which the Scottish Government does that is by funding the Scottish Community Development Centre which, in turn, funds community-based groups to engage with participation requests.

You asked about community councils. They are one of many community bodies that are listed in the statutory guidance, and CPPs should engage with them constructively.

David Milne might want to add something.

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 25 April 2023

Joe FitzPatrick

We expect planning authorities to develop the plans over a period of about five years. Those will not all come at once. Six authorities are ahead of the game, I think. It should be phased over time.

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 25 April 2023

Joe FitzPatrick

Good morning, everyone. The previous time that I attended a meeting of a committee with a similar remit was as convener of the Local Government and Regeneration Committee in session 4. I note that Mark Griffin was a member of that committee way back in 2011. When I was preparing for this morning’s meeting, I felt that it was a little bit soon after my appointment to be facing a double committee session. That said, it is good to be back.

I thank the committee for giving me the opportunity briefly to outline the Scottish Government’s approach to the new development planning provisions, which are contained in Scottish statutory instrument 2023/101 and the associated regulations on commencement, savings and transitional arrangements.

Scotland’s plan-led system of development is widely supported. As the committee will be aware from its consideration of national planning framework 4, the Scottish Government is strengthening development planning as part of its wider planning reform programme. That includes changes to what constitutes a development plan, the interplay between policies on NPF4 and local development plans, and the process of preparing LDPs with a greater focus on delivery. Together, those changes create opportunities for LDPs to refocus on delivering place-based outcomes.

The broad framework for new-style LDPs and their preparation is set out in the primary legislation—the Planning (Scotland) Act 2019—which made strategic changes to LDPs. The new regulations provide the detail for how the act’s requirements should be fulfilled. They were informed by extensive engagement with key stakeholders, with input from the cross-sectoral development planning working group. That led to public consultation on the main regulations and draft guidance, along with the consultation on the draft NPF4 and a separate one with targeted engagement on the definition of “Gypsies and Travellers”.

Overall, respondents were generally supportive of our proposed approach of producing carefully targeted regulations. More detail will be provided in the fuller associated guidance. I assure the committee that the regulations were finalised while taking into account comments raised through the public consultation. The policy note sets out details of the consultations, including the issues raised, and the regulations now reflect that feedback. Not all the suggestions put forward have been included in the regulations, but we will address the matters raised in them in the guidance.

The connection between the regulations and the guidance is key. We have sought to strike a balance between having a clear statutory framework and clear guidance to support all stakeholders in implementing the new system while giving planning authorities flexibility to implement the statutory procedures in the ways that best suit their places, communities and organisational priorities.

We also intend to identify and share best practice as the new system beds in. I would welcome the opportunity to come back to the committee to talk through the comprehensive guidance once it has been published, if the committee would be interested in that.

The Planning (Scotland) Act 2019 (Commencement No 12 and Saving and Transitional Provisions) Regulations 2023 will commence the various provisions of the 2019 act that will be needed to support the envisaged new system of LDPs. We have also provided for savings and transitional arrangements for plans that started under the current system. From our discussions with stakeholders, we know that planning authorities are eager to get on with their new-style plans. The new regulations will provide a solid foundation for a consistent approach to plan making across the country.

I look forward to answering the committee’s questions, perhaps with a bit more support from my officials than is usual.

Local Government, Housing and Planning Committee

Community Planning Inquiry (Post-legislative Scrutiny of the Community Empowerment (Scotland) Act 2015)

Meeting date: 25 April 2023

Joe FitzPatrick

There are some good examples of partners aligning resources, notably staff and premises, and moving towards having a shared purpose so that they can achieve more collectively than they would when working separately. The important point about funding is that partners should use their collective resources in whatever way best enables them to deliver on local priorities, in line with their organisations’ roles and responsibilities.

I have heard the arguments that partners should allocate funds towards a pot of money that CPPs control. I am interested in learning more about the benefits and risks of that approach. That is one of the things that the committee has been looking at.

Recommendations are also coming out of the community planning improvement board, and I look forward to discussing those with the CPIB chair. I have not yet discussed them.

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 25 April 2023

Joe FitzPatrick

Maybe we are better to write.

Equalities, Human Rights and Civil Justice Committee

Subordinate Legislation

Meeting date: 28 March 2023

Joe FitzPatrick

That concludes our formal business in public. We will move into private to consider the remaining items on our agenda.

10:20 Meeting continued in private until 11:04.  

Equalities, Human Rights and Civil Justice Committee

Subordinate Legislation

Meeting date: 28 March 2023

Joe FitzPatrick

Agenda item 4 is consideration of three negative Scottish statutory instruments. I refer members to paper 2.

As members have no comments to make on the instruments, does the committee agree to make no recommendations in relation to them?

Members indicated agreement.

Equalities, Human Rights and Civil Justice Committee

Subordinate Legislation

Meeting date: 28 March 2023

Joe FitzPatrick

As there are no further questions, we will move to agenda item 3, which is consideration of the motion for approval of the affirmative instrument. I invite the minister to move motion S6M-08058.

Motion moved,

That the Equalities, Human Rights and Civil Justice Committee recommends that the Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2023 [draft] be approved.—[Elena Whitham]

Motion agreed to.