The Town and Country Planning (National Planning Framework and Local Development Plan Amendment) (Scotland) Regulations 2024 - Impact Assessments

Child Rights and Wellbeing Impact Assessment (CRWIA)

for Town and Country Planning (National Planning Framework and Local Development Plan Amendment)(Scotland) Regulations 2024

Disclaimer

This draft document is an initial assessment of The Town and Country Planning (National Planning Framework and Local Development Plan Amendment) (Scotland) Regulations 2024 and Scottish Government will continue to review and update this document where required during the parliamentary process. Any future iterations will reflect an increased understanding of these impacts as the amount of data and research available continues to grow.

This impact assessment screening should be read in conjunction with the Equality Impact Assessment and the Fairer Scotland Duty Assessment.

CRWIA Stage 1 – Screening

1. Brief Summary (Guidance Section 2.1)

The Town and Country Planning (National Planning Framework and Local Development Plan Amendment) (Scotland) Regulations 2024

The Child Rights and Wellbeing Impact Assessment (CRWIA) is used to identify, research, analyse and record the impact of a proposed policy on children's human rights and wellbeing. CRWIA helps the Scottish Government consider whether it is: advancing the rights of children in Scotland; and protecting and promoting the wellbeing of children and young people. CRWIA is a Ministerial duty under the Children and Young People (Scotland) Act 2014 and in relation to the United Nations Convention on the Rights of the Child (UNCRC).

Section 12 of the Planning (Scotland) Act 2019 inserts new sections 3CC and 20AA into the Town and Country Planning (Scotland) Act 1997 to introduce powers to amend both the National Planning Framework and local development plans.

Full impact assessments of the Planning 2019 Act (which introduced the procedures for preparing and adopting the NPF and LDPs) were undertaken previously.

A range of Impact Assessments informed the drafting of NPF4, including a CRWIA. As far as possible, these assessments were integrated into the plan preparation process.

Impact assessments also considered the impacts of the development planning regulations which came into force in May 2023, which set out the procedures for a full review of a LDP. No negative impact was found for any area of rights or any group of children and young people.

These regulations will provide procedural process by which the Scottish Ministers and/or planning authorities are able to amend the NPF/LDP. The aim is for procedures to amend both the NPF and LDP to be proportionate and to provide a process that is more responsive and streamlined, whilst balancing the need for robust justification, engagement and scrutiny. The proposed regulations will aim is to give decision makers some flexibility of process, based on the scale and significance of the amendments.

Both the NPF and LDPs have the potential to have a positive impact on the rights of all children as they will help to deliver a fairer and more inclusive Scotland, where every child and young person has the opportunity to fulfil their potential.

Start date of relevant proposal: 04/10/2023*

Start date of CRWIA process: 04/10/2023*

*Date work started on preparing secondary legislation

2. Which aspects of the relevant proposal currently affects or will affect children and young people up to the age of 18? (Guidance Section 2.1)

We believe that any aspects affecting children and young people up to the age of 18 have been covered by a CRWIA that was previously undertaken to support the Planning (Scotland) Bill (which introduced changes to the planning system, such as making the National Planning Framework a part of the statutory development plan) and within the range of impact assessments conducted to inform the drafting of NPF4. The proposed regulations to amend NPF and LDPs are procedural regulations and will not directly impact children and young people.

The proposal offers opportunities for consultation with the public at large along with relevant groups which, where appropriate, will include with children and young people and representative groups.

3. Which groups of children and young people are currently or will be affected by the relevant proposal? (Guidance Section 2.1)

We consider that any aspects affecting groups of children or young people have been covered by a CRWIA that was previously undertaken to support the Planning (Scotland) Bill. These are procedural regulations and will not have a direct impact on children and young people.

The proposal offers opportunities for consultation with the public at large along with relevant groups which, where appropriate, will include with children and young people and representative groups.

Declaration

4. Is a Stage 2 Children’s Rights and Wellbeing Impact Assessment required? (Guidance Section 2.1)

CRWIA not required

No explanation required, please complete questions 5 and 6

Please explain why below and contact the children’s rights unit to discuss this decision crwia@gov.scot

Explanation why CRWIA is not required:

A CRWIA was previously undertaken to support the Planning (Scotland) Bill, (which introduced changes to the planning system, such as making the National Planning Framework a part the statutory development plan) and was considered as part of the drafting of NPF4. Therefore we do not consider that a further CRWIA is required for these regulations.

Policy Lead Signature

Ruairidh Anderson

Local Government and Housing Directorate.

& Date of Sign Off: 05/02/2024

Deputy Director Signature

Fiona Simpson

& Date of Sign Off: 06/02/2024

Date SGLD contacted: 22/01/2024