The Scottish Government has published a national protocol on the planning and consenting processes for Green Freeport sites. The protocol is a non-statutory framework that commits all partners - councils, consenting bodies, statutory consultees, developers and the Scottish Government - to work together to facilitate the planning and consenting process for tax sites, custom sites and seed funding projects of designated Green Freeports.
Background
In January 2023, Inverness and Cromarty Firth Green Freeport and Forth Green Freeport were both selected by the Scottish and UK Governments as the locations for the first Green Freeports in Scotland.
As a reminder, Green Freeport is defined by the Scottish Government as a large, zoned area within a defined boundary which includes a rail, sea or airport.
Green Freeports are designed to boost innovation and inclusive growth within communities while supporting Fair Work First practices, creating new green jobs, upholding environmental protections and supporting economic transformation.
Operators and businesses in the zone can benefit from a package of tax and other incentives through a combination of devolved and reserved powers.
Planning and other consents – the current state of play
In some instances, planning permission and other consents will already be in place to enable developments within the Green Freeports to be considered timeously. Permitted development rights were also amended on 31 March 2023 to enable certain types of development to be carried out without requiring a planning application.
In other cases, consenting will require commitment to efficient processing and joint working in order to deliver the benefits that can be generated by the designation of Green Freeports expeditiously.
The governments expect Green Freeports to be delivered at pace, and in recognition of the need for a planning policy environment which supports this ambition, the Scottish Government has published the national protocol.
What does the protocol say?
Planning decisions will continue to be made under the existing legislative framework i.e. in accordance with the development plan, unless material considerations indicate otherwise.
Wider consenting decisions, including roads consents and marine licensing consents, will also continue to be made in accordance with the established regulatory frameworks.
However, the protocol requires further commitment to efficient processing and joint working by setting out expectations for each party in the planning process.
Among other things, all parties are expected to:
- work constructively, in the spirit of the Place Principle and the six spatial principles of NPF4, to deliver shared outcomes and the best results most efficiently;
- recognise that some developments will be brought forward by applicants who are unfamiliar with the consenting process, timescales and terminology;
- draft and support a processing agreement (or other project management approach) as a basis for project managing the consenting processes with an agreed timeline for all stages in the application processes. That includes associated legal and other agreements and discharge of conditions;
- ensure there is clarity on the mechanism for funding and delivery of any necessary infrastructure before permissions are granted; and
- commit to working as quickly and efficiently as possible to ensure that regulatory applications are determined within agreed timescales.
The protocol also lists different requirements for each party. For example, councils must undertake to provide a senior officer contact for each Green Freeport to own the process and developers/applicants must ensure that information sought by planning authorities, key agencies or other consenting bodies is provided and is of high quality.
You can read the full list of undertakings here.
Taking a proactive approach
The message from the Scottish Government is clear: be proactive and collaborative, not passive.
However, it is worth noting that as a non-statutory framework, the protocol is not legally enforceable, so it arguably lacks efficient enforcement mechanisms. A concern for all parties may be that the protocol alone will not be sufficient to achieve the streamlined, flexible planning process that the Scottish Government envisages.
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