Chief Planner Letter: The not so transitional arrangements for NPF4

The long wait is finally over and the National Planning Framework 4 (NPF4) has now been formally adopted. As we prepare for the immediate impacts it will have on the planning system, Planning Minister Tom Arthur and Chief Planner Fiona Simpson have published a letter providing advice on the transition to the new development plan system and set out details on some policy considerations. However, has this left us with more questions than before?

The Development Plan

NPF4 forms part of the statutory development plan, alongside the applicable Local Development Plans (LDPs). NPF4 has superseded NPF3, Scottish Planning Policy (SPP), and Strategic Development Plans (SDP) and the associated SDP supplementary guidance (SG) will now cease to have effect.

Current adopted LDPs will continue to form part of the statutory development plan, with existing land allocations maintained. SG associated with adopted LDPs which have come into force before 12th February will continue to apply as part of the development plan. The Scottish development plan system is transitioning to one without statutory supplementary guidance, but Local Authorities can continue to prepare and adopt SG associated with the LDPs until 31st March 2025.

Section (1)(a) of the 1997 Act currently requires Planning Authorities to prepare new LDPs on a 10-year basis. ‘New style’ LDPs are to be prepared within a timely fashion, with an expectation that every authority will have a new plan in place within 5 years of the new development plan regulations coming into force, so this should be by 2028 at the latest.

Interestingly, there is no legal requirement for LDPs to be directly ‘compatible’ with NPF4, with only a requirement that Planning Authorities take NPF4 into account. This seems contradictory to a plan led system with the most recently adopted plan, whether that be NPF4 or the LDP, taking prevalence. Under the Town and Country Planning (Scotland) Act 1997; section 24(3), in the event of an incompatibility between the provisions within NPF4 and that of an LDP, whichever of them is the later in date is set to prevail.

There will be limited scope through the examination process to reconcile identified inconsistencies in proposed LDPs in order to align these with NPF4, this is limited to issues raised in representations and the process must remain proportionate and fair.