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Climate Change (Local Development Plan) (Repeals) (Scotland) Order 2025 [Draft]
The next item on our agenda is an evidence session on the draft Climate Change (Local Development Plan) (Repeals) (Scotland) Order 2025 with Ivan McKee, the Minister for Public Finance. The minister is joined by Adam Henry, who is a senior planner for the Scottish Government. I welcome our witnesses to the meeting.
The instrument has been laid under the affirmative procedure, which means that the Parliament must approve it before it comes into force. Following the evidence session, the committee will be invited to consider a motion that recommends that the regulations be approved. I remind everyone that officials can speak during this item but not in the debate on the motion that will follow it. I invite the minister to make a short opening statement.
Thank you for the opportunity to speak to the committee.
On 27 March 2025, the Scottish Government laid in the Parliament the 15th annual report on the operation of section 72 of the Climate Change (Scotland) Act 2009, as required by the act. Section 3F of the Town and Country Planning (Scotland) Act 1997 relates to greenhouse gas emissions from the use or operation of new buildings. It was introduced into the Planning (Scotland) Act 2019 by section 72 of the Climate Change (Scotland) Act 2009. It requires local development plans that are prepared by planning authorities to include policy that aims to avoid a specified and rising proportion of greenhouse gas emissions from the operation of buildings. The reduction of emissions is to be achieved by using low and zero-carbon generating technologies.
Ministers are required by section 73 of the Climate Change (Scotland) Act 2009 to report annually on the operation, effectiveness and continued requirement for section 3F of the 1997 act. Where that requirement is considered no longer to be necessary, section 73 of the 2009 act explicitly enables the repeal of section 3F by order. The most recent annual report concluded that
“... after 1 January 2025 the latest policy and regulatory position goes beyond what Section 3F can achieve and that the requirement to include policies within development plans under Section 3F is no longer necessary.”
That conclusion enabled the repeal order that is being considered today to be prepared under the existing provision in the Climate Change (Scotland) Act 2009.
Planning and heat policy related to building decarbonisation has progressed significantly since section 3F of the 1997 act was introduced, surpassing what section 3F can achieve. Maintaining section 3F places unnecessary and redundant resource burdens on planning authorities at a time when streamlining costs and processes in the planning system is vital.
The repeal of the legislation acts only on the requirement for planning authorities to include the section 3F approach in their next local development plans. Repeal of the legislation does not alter or repeal any current adopted local development plan policies that are a response to section 3F.
The principle of repeal was included in the 2017 consultation regarding the planning bill, which is now the Planning (Scotland) Act 2019. At that time, there was general support for the withdrawal of section 3F of the 1997 act. With the 2019 act giving the national planning framework an enhanced status as part of the statutory development plan, and national planning framework 4 now firmly established, section 3F requirements for local development plans are no longer required.
I welcome the opportunity to answer any questions that the committee may have regarding the details that are contained in the repeal order.
I understand that the benefits of the proposed repeal are likely to be for those involved in the design of developments, those applying for planning permission, planning authorities and the Scottish ministers. That is because procedural and implementation burdens from the parallel operations of section 3F alongside NPF4, the new build heat standard and associated building regulations are resolved by the repeal of section 3F. Its repeal means that focus can be on applying the latest policy and legislation in relation to greenhouse gas emissions. In light of that, if the repeal goes ahead, I am interested to hear what steps architects and designers would be required to take under NPF4 and the new-build heat standard to ensure that their new developments minimise greenhouse gas contributions.
The new-build heat standard lays down the requirement to move away from heat sources that use fossil fuels. The standard is already in place and gives effect to that requirement. NPF4 does that through its range of policies; it has policies on climate and requirements for planning decisions to be made in that light.
It is true to say that section 3F was of its time and it was useful in focusing on the requirement to reduce carbon emissions through local development plans. However, those requirements are now addressed through the new-build heat standard and NPF4, and there is no need to have an effectively redundant process that chews up resource.
Could you give an indication of the climate policies that you have in mind in NPF4?
I will pick that up.
Come on in, Adam; you could just rattle through the numbers.
It will be covered by policies 2, 11, 19 and 26.
Great. My second question might lead to the same answer. What requirements would there be on those who are applying for planning permission to consider how greenhouse gas contributions can be minimised?
The requirements are the same. Obviously, they would understand that the decision would be made in the context of NPF4 policies and the new-build heat standard, as we have outlined. For any plans that they expect to be passed, they would need to comply with the NPF4 policies and the standard.
09:45
Anyone who wants to develop anything needs to be looking at the four NPF4 policies that Adam mentioned and the new-build heat standard, and then they should be moving towards carbon emission reduction.
They would have to comply with those policies, but there are other things in the planning system that they would also have to comply with.
As no other member wants to ask a question, I turn to agenda item 3, which is the formal consideration of motion S6M-18057.
Motion moved,
That the Local Government, Housing and Planning Committee recommends that the Climate Change (Local Development Plan) (Repeals) (Scotland) Order 2025 [draft] be approved.—[Ivan McKee.]
No member has indicated that they would like to contribute to a debate. Would you like to sum up, minister?
No need.
The question is, that motion S6M-18057, in the name of Ivan McKee, be approved. Are we agreed?
Motion agreed to.
The committee will report on the outcome of our consideration of the instrument in due course. I invite the committee to delegate responsibility to me, as convener, to approve a draft of the report for publication.
Members indicated agreement.
Thank you, minister, and thank you, Adam. We will suspend briefly to allow you to depart before we welcome our next panel of witnesses.
09:46 Meeting suspended.Air adhart
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