Consultation Responses

We responded to Scottish Parliament’s Local Government, Housing and Planning committee's call for comments on issues in implementation of National Planning Framework 4.

Our response focuses on the issues highlighted by our members over the course of two years since NPF4 has come into force, and we have fed most of the issues mentioned in this response to the Scottish Government by various formal consultations, roundtables and meetings. Our response is categorised in 5 sections:

1. Policy Interpretation and Guidance
2. Standardisation of Applications and Fees
3. Resource Constraints in Planning Authorities
4. Housing Land Release and Policy Alignment
5. Balancing Development with Environmental Interests

Read our detailed response on these key issues that pose as limitations to our current planning system causing delays in processing applications and impacting development viability.

The Leases (Automatic Continuation etc.) (Scotland) Bill is a piece of legislation focused on clarifying and
modernising aspects of commercial lease continuation and termination in Scotland. Overall, we welcome the Bill’s direction and support reform to modernise the leasing system so that greater clarity and certainty can be given to both tenants and landlords. However, we did suggest areas of refinement and an amendment to the Bill. 

In our response to Permitted Development Rights (PDRs) to help tackle housing emergency we acknowledge their potential to unlock urban housing opportunities but also cautioned that might be a comprehensive solution. A coordinated approach with other planning tools such as Masterplan Consent Areas (MCAs), reforms to Policy 16 of the National Planning Framework 4 (NPF4), and targeted financial support to address viability constraints can offer a solution to meet Scotland’s housing need.

The Local Government, Housing and Planning Committee is seeking views on regulations requiring companies to submit an "energy and environmental design statement" to be submitted with an application for a building warrant. The regulations would also require an "energy and environmental construction statement" to be submitted at the same time as a completion certificate. We have responded to the consultation highlighting membership views on additional time and cost associated with additional compliances and documentation process and can considerably slows down the process from design to assessment. As well as the need for upskilling resourcing industry & local authorities to be adept to deal with proposed changes.

This consultation is seeking views on a Scottish Building Safety Levy which will be used to fund the Scottish Government’s domestic property Cladding Remediation Programme. The levy will apply to all new (private) residential development and is anticipated to generate up to £30m annually to address some 1,000 high rise and 5,000 medium rise buildings within the current scope of the programme. 

The government is proposing to introduce a 28-day notice to quit period to allow students to terminate their leases early before the end of the academic year. As this survey is targeted at providers, we are unable to answer most questions. Instead, we provide a summary of the unintended consequences should a 28-day notice to quit period be introduced. We highlight the special nature of PBSA, illustrating how a blanket policy that allows students to terminate their leases early is likely to substantially increase financial risk for investors, developers, funders and University partners. In our response we also illustrate the unintended consequences for the broader private rented sector (PRS). 

We submitted our response to Scottish Government's consultation on determining the principles of Scottish equivalent of Passivhaus. We have highlighted our member concerns regarding the current supply chain capacity, skills and rising costs of construction which are likely to be a barrier to enforcing the new standard. Read more here.

Read our full response here, we highlighted the unintended consequence that the ILS could discourage investment in Scotland. The introduction of this levy will add to current and proposed developer taxes. We relayed our further concerns over clarity on how the levy is to be calculated and the definition of 'infrastructure' that it will be contributing towards. This is a major piece of legislation which is bound by a sunset clause ending in Summer 2026. We have argued that the current health of the markets and development industry has to be considered but that this was not reflected in the discussion paper.

We responded to Glasgow's Tall Building design guide consultation, which looks to guide developers and planning officers on developments above 11m in areas set in Glasgow's city centre Strategic Development Framework. Members are broadly supportive of this guidance and embrace high density development including tall buildings to provide choice, encourage brownfield developments.

This consultative draft Supplementary Guidance provides an overview of the proposed approach to how the Council will seek developer contributions for the infrastructure set out in City Plan 2030. City Plan 2030 will be the Council’s next local development plan and they are currently at the stage where they have notified Scottish Ministers of the Council’s intention to adopt the plan. Whilst we do understand the need and importance of developer contributions towards infrastructure, our response highlights some concerns we have with the Council's approach. 

The New Build Heat Standards came into force on 1 April, 2024, which affects the type of heating system that new-build homes and properties are allowed to use. Homes and buildings are not allowed to use polluting oil and gas boilers. Instead, they must use climate-friendly alternatives like heat pumps and heat networks. Following the backlash on secondary heating systems for Rural and Island communities, the previous Minister for Climate Action asked for review. SPF responded to their discussion paper on this review.

Meanwhile, Scottish Ministers have issued a temporary direction to allow wood burning stoves and other bioenergy (and peat) heating systems to be installed in new homes. The direction does not apply to non-domestic buildings. 

As requested by the Scottish government, the SLC is investigating how compulsory owners' associations could work for tenements blocks. While we welcome measures to ensure there is coordination and responsibility for work to be carried out in common parts, we have highlighted logistical and financial issues particularly for commercial unit owners within tenements.