On 11 January 2023, the Scottish Parliament voted to adopt National Planning Framework 4 (“NPF4”). This completes the statutory process for the approval of NPF4 and as such, the Scottish Government may now proceed with its adoption.
Timeline for adoption and further regulations
Tom Arthur MSP, the Planning Minister, explained in his statement to Parliament that there will be a rolling programme of guidance and regulation in the coming weeks:
- The Scottish Government will commence the provisions of the Planning (Scotland) Act 2019 (the “2019 Planning Act”) that will make NPF4 part of the statutory development plan immediately on its publication and adoption
- Prior to its publication – which is promised “next month” – the Scottish Government will publish “transitional guidance which will help to smooth the shift from the old system to the new over the early weeks and months”
- The Scottish Government will “lay regulations in the coming weeks – and publish related guidance – which will pave the way for the new-style local development plans which will sit alongside NPF4”.
We wait to see what shape and form the “transitional guidance” takes. In any event, the Chief Planner, Dr Fiona Simpson, and the heads of planning from each local planning authority will play a key role in ensuring there is consistency of approach across Scotland. That will be key to ensuring NPF4 gets off on the right foot.
The Minster also noted the importance of delivering NPF4 and monitoring its progress. A new Planning, Infrastructure and Place Advisory Group is being established to oversee its delivery and support implementation.
Development management implications
The Draft Revised NPF4 is of course a material consideration in development management decision-making prior to its formal publication and adoption (see our previous article here). It will almost certainly now be given significant weight in decision making prior to that adoption.
Legal challenge?
At the end of last year, on 23 December 2022, the Scottish Government enacted provisions in the 2019 Planning Act that enable the validity of NPF4 to be challenged in the Court of Session. Such a challenge would need to be taken within six weeks of its publication and adoption. We should know by early spring if it has been challenged.
Absent any challenge, a journey that began over 36 months ago is nearing its end. Now the hard work really begins – delivery and implementation.
Our Planning & Environment team specialises in all aspects of planning law and practice. If you want to discuss NPF4 or anything else, please get in touch.
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