RTPI Scotland's Response to 'Delivering Scotland's Circular Economy'

Proposed Circular Economy Bill consultation

Delivering Scotland's Circular Economy - proposed Circular Economy Bill: consultation

Strategic Interventions

Circular economy strategy obligation

Do you agree there should be a duty on Scottish Ministers to publish a Circular Economy Strategy every 5 years?

Yes
No
Neither agree nor disagree

Do you have any further thoughts on a statutory duty to produce a Circular Economy Strategy?

The planning system has a significant role to play in supporting the transition to a circular economy. Planning can embed circular economy principles through mandating or encouraging the adaptive reuse of existing buildings, ensuring new developments are future-proofed through adapting or recycling structures, and the recycling of demolition waste. However, planning is not just key function for delivering these vital components of a circular economy but should be recognised as an integral and overarching means by which we can reduce resource consumption in society. The purpose of planning is to manage the use and development of land in the long-term public interest. Land itself should be considered as a material or commodity that, through a functioning planning system, can be either protected, developed, redeveloped, or managed in a manner that contributes to a functioning circular economy. This can be seen with policies that encourage the re-use of vacant and derelict land and disincentivises greenfield development. Further to this, what development is permitted on this precious resource will also impact upon consumption rates; for example, with more densely populated areas consuming fewer materials on average[1]. Therefore, by creating dense and walkable places with high quality placemaking through the implementation of 20 minute neighbourhoods, planning can reduce societal resource consumption whilst also addressing a plethora of other outcomes such as reducing health inequalities and meeting net-zero carbon targets[2].

The vital role planning can play in moving towards a circular economy has been recognised within the recently published draft NPF4, with an updated and expanded policy on zero waste and set out within the draft guidance on Local Development Plans (LDPs). With the NPF4 and next generation LDPs now set for 10 years, RTPI Scotland is unsure of the intended synchronicity between the Circular Economy Strategy, if set at 5 years. Another approach may be to set the strategy for 10-year period whilst allowing for periodic reviews. It is worth noting that regarding waste planning, strategic planning approaches can be more successful. Therefore, the emerging role of Regional Spatial Strategies (RSSs) should be considered fully through any proposed Circular Economy Strategies and within the impending guidance due to be issued on RSSs.

Statutory targets – consumption reduction, reuse and recycling

Do you think we should take enabling powers to set statutory targets in relation to the circular economy?

Yes
No
Neither agree nor disagree

Do you have any comments in relation to proposals to set statutory targets?

RTPI Scotland welcomes the recognition that there should be greater ambition in the field of consumption and reduction targets. We note that, as set out in the consultation document, research findings conclude that statutory targets are a feature of high-performing systems in other nations or regions, particularly where they are introduced alongside other key measures. As set out in our response to Q1 and Q2 of the action plan, there are a number of key measures RTPI Scotland believes need taken to support the planning system in helping deliver any proposed statutory targets.

Establishment of circular economy public body

Should a dedicated Circular Economy public body be established?

Yes
No
Neither agree nor disagree

Please provide evidence to support your answer to question 5

RTPI Scotland believes the establishment of a Circular Economy public body could support Scotland’s ambitions to deliver the aspirations of a circular economy. It could provide an opportunity to build upon Zero Waste Scotland’s role as Scotland’s circular economy expert, which works to build relationships with local stakeholders and link with other relevant activity taking place on a regional and local level. Such activity could include development and delivery of City Region Deals and regional economic development priorities, but also, as set out in response to Q1, the preparation of LDPs and RSSs. RTPI Scotland is interested on if and how such a body would evaluate the performance of the planning system regarding the circular economy. This would include, for example, how such a public body would engage with the emerging role of the National Planning Performance Improvement Coordinator in evaluating the performance of planning authorities.

If a Circular Economy public body were to be established, what statutory functions should it fulfil?

If established, at a national level, a Circular Economy public body should act as the expert source of advice to Scottish Ministers and work to progress circular economy ambitions nationally including supporting the development of law and policy relating to the circular economy. This should include national planning policy. RTPI Scotland wishes to see a close collaboration between any established Circular Economy national body and the emerging National Planning Improvement Coordinator role. At a local level, RTPI Scotland would wish to see any established Circular Economy public body provide assistance to public authorities, supporting them to have the knowledge, skills and resources to deliver circular economy ambitions.

Reduce and Reuse

Measures to ban the destruction of unsold durable goods

Do you agree that the Scottish Government should have powers to ban the destruction of unsold durable goods?

Yes
No
Neither agree nor disagree

Do you have any comments in relation to proposals to ban the destruction of unsold durable goods?

No comment.

Are there particular product categories that you think should be prioritised?

No comment.

Are there product categories that should be excluded from such a ban?

No comment.

Environmental charging for single-use items

The previous consultation showed broad support for the proposal that Scottish Ministers should have the power to set charges for environmentally harmful items, for example single-use disposable beverage cups. Is there any new context or evidence that should be taken into account in relation to this proposal?

No comment.

Do you have any further comments on how a charge on environmentally harmful items should be implemented?

No comment.

Mandatory reporting of waste and surplus

The previous consultation showed broad support for the proposal that Scottish Ministers should have the power to require mandatory public reporting of unwanted surplus stock and waste. Is there any new context or evidence that should be taken into account in relation this proposal?

No comment.

The previous consultation showed broad support for the proposal that food waste should be a priority for regulations. Is there any new context or evidence that should be taken into account in relation this proposal?

No comment.

Are there other waste streams that should be prioritised?

No comment.

Recycle

Strengthening approach to household recycling collection services

The previous consultation showed broad support for the proposal that Scottish Ministers should have powers to place additional requirements on local authorities in order to increase rates and quality of household recycling. Is there any new context or evidence that should be taken into account in relation to the proposal?

No comment.

The previous consultation showed broad support for the principle that there should be greater consistency in household recycling collections. Is there any new context or evidence that should be taken into account?

No comment.

The previous consultation showed broad support for the principle of moving away from the current voluntary approach to Scotland’s Household Recycling Charter towards a more mandated approach, whereby implementation of the Charter and its supporting Code of Practice becomes a statutory obligation. Is there any new context or evidence that should be taken into account?

No comment.

The role of targets to support recycling performance

Do you agree that Scottish Ministers should have the power to introduce statutory recycling targets for local authorities?

Yes
No
Neither agree nor disagree

If you agree with Q.20, do you agree that Scottish Ministers should have the power to introduce and set financial incentives for local authorities to meet these targets, or penalties should these targets not be met?

Yes
No
Neither agree nor disagree

Please explain your answer

The introduction of targets, incentives and penalties will hold local authorities to account and help us to meet Scotland’s ambitious waste targets. RTPI Scotland welcomes the recognition that targets must be achievable and that service providers must have the tools available to meet the required standard. As set out in the consultation, research has shown that statutory targets are a feature of high-performing systems in other nations or regions, particularly where they are introduced alongside other key measures. RTPI Scotland believes that, as a fundamental component of a function circular economy and in order to meet targets, a critical measure will be to ensure planning authorities are effectively resourced to undertake such work. However, research from RTPI Scotland^[3] has revealed significant concerns around the resourcing of planning services with:

Nearly a third of planning department staff have been cut since 2009
Planning authorities’ budgets have diminished in real terms by 42% since 2009
In 2020 local authorities only spent 0.38% of their total net revenue budgets
Planning application fees only cover 66% of their processing costs
There are 91 new and unfunded duties in the Planning (Scotland) Act, which could cost between £12.1m and £59.1m over 10 years

Research has also showed that planning has demographic and succession challenges with a limited pipeline. Only around 9% of staff in planning authorities are under 30 and there is an estimated replacement demand of around 500 planners over the next 15 years. Therefore, RTPI Scotland calls on Scottish Government to ensure that resource is also made available to increasing the pipeline of planners and to develop the necessary skills in our existing workforce to support the transition to a circular economy. Our recently published ‘Future Planners’ report has a number of actions to address workforce and skills issues in the industry^[4]. We welcome close collaboration with Scottish Government, Skills Development Scotland and Zero Waste Scotland to develop a strong pipeline of future planners with the skills necessary to deliver a circular economy.

Whilst we understand the logic in introducing and setting financial incentives for local authorities to meet these targets, or penalties should these targets not be met this must, this ought to be contextualised, at the very least, in an outcomes-based approach. For several years, RTPI Scotland has been advocating for the recasting of planning performance measurements to be more focused on outcomes. To do so we need to measure the outcomes of planning beyond simple metrics like speed of processing applications and number of housing units delivered. This should be achieved by assessing planning in terms of placemaking aspirations and social, economic, and environmental value, to track and improve the impact of planning. This involves shifting measurement beyond narrow development outputs to consideration of wider place outcomes and impacts. The way in which local authorities currently measure their planning performance does not take account of many of these wider place outcomes and more needs to be done to link planning to national outcomes. The RTPI has commissioned research on the matter, which considers how local authorities can better measure the outcomes of planning and specific reference was made to the National Outcomes established by the Scottish Government^[5]. The research led to the development of a toolkit to be used by local authorities to improve their outcome measurement in planning departments. The benefits of the toolkit and the ‘results’ arising from its use include:

Tracking performance/progress over time.
Integration across policy sectors and themes.
Understanding what has worked, what has not worked; identifying possible causes and what needs improving or abandoned in future.
Informing Development Management and decision-making.
Raising aspiration towards delivering better planning outcomes against strategies/plans/ policy goals.
Visibility/transparency of outcomes and impacts at local levels.
Aggregation and benchmarking of performance at regional and national scales.
Raising shared factual/scientific awareness between different parties and stakeholders.
Educational dimension in terms of knowledge transfer, skills and awareness/use of data.

The toolkit has been piloted in Scotland^[6] which provided a range of lessons for its future implementation. Furthermore, it illustrated how the toolkit should be used to feedback into policy and plan-making processes by introducing new targets, identifying where additional indicators and data are needed, or where actions are required around policy implementation.

The Duty of Care for households

The previous consultation showed broad agreement that householders’ existing obligations are not sufficient. Is there any new context or evidence that should be taken into account?

No comment.

Do you agree with the principle that local authorities should have more powers to enforce recycling requirements?

Yes
No
Neither agree nor disagree

Please add any additional comments

No comment.

Incentivising waste reduction and recycling (households)

Are there further powers, if any, for Scottish Ministers, and/or local authorities, that should be considered in order to incentivise positive household behaviours, to support waste reduction and increased recycling in Scotland?

No comment.

Are there any other legislative measures that you consider Scottish Government should take to strengthen recycling and reuse at a household level, helping accelerate the rate and quality of household recycling in Scotland?

No comment.

Please add any additional comments

No comment.

Business recycling collection zoning

Do you agree with the principle of Scottish Ministers, and local authorities if appropriate, taking on the necessary powers to explore and trial commercial waste zoning approaches in Scotland?

Yes
No
Neither agree nor disagree

Please add any additional comments

RTPI Scotland understands the potential advantages for businesses and communities through the proposed waste zoning approach. However, as set out in response to Q8 of the action plan, we hold some reservations on the choice of language of ‘zoning’ in reference to exploring the establishment of commercial waste zones. One of the key features of the planning system in Scotland is the use of discretionary development control for planning applications and permissions. This differs from the approach in many other countries where regulatory zoning plans are used as the principle means to control development. The RTPI have recently published research regarding the merits and disadvantages of zonal planning^[7]. Clarification on how proposals would relate to the planning system would be valuable for this proposal. Whilst this consultation signposts the action plan as the source of further detail, having reviewed the action plan, it is still unclear what the role of the planning system would be in designating, consenting and monitoring such zones.

Littering and Improving Enforcement

New penalty for littering from vehicles

The previous consultation showed broad support for the proposal that Scottish Ministers should have the powers to introduce a new fixed penalty regime for littering from vehicles. Is there any new context or evidence that needs to be taken into account?

No comment.

The previous consultation showed broad support for the principle that the registered keeper of a vehicle bears primary responsible for offences such as littering from or in relation to their vehicle (for example by passengers or people using that vehicle at that time). Is there any new context or evidence that needs to be taken into account?

No comment.

Seizure of vehicles

The previous consultation showed broad support for the principle that enforcement authorities should be given powers to seize vehicles linked to waste crime. Is there any new context or evidence that should be taken into account?

No comment.

Assessing impact of bill proposals

Equality

Taking into account the accompanying EQIA, are there any additional likely impacts the proposals contained in this consultation may have on particular groups of people, with reference to the ‘protected characteristics’ listed above?

No comment.

Business and regulation

Taking into account the accompanying BRIA, do you think that the proposals contained in this consultation are likely to increase or reduce the costs and burdens placed on any business or sector?

No comment.

Children’s Rights and Wellbeing Assessment

Taking into account the accompanying CRWIA, do you think that the proposals contained in this consultation are likely to have an impact on children’s rights and wellbeing?

No comment.

Islands Communities Impact Assessment

Taking into account the accompanying ICIA, do you think that the proposals contained in this consultation are likely to influence an island community significantly differently from its effect on other communities in Scotland?

No comment.

Fairer Scotland Duty

Taking into account the accompanying Fairer Scotland Assessment summary template, do you think that the proposals contained in this consultation are likely to have an impact in relation to the Fairer Scotland Duty?

No comment.

Environment

Do you think that the proposals contained in this consultation are likely to have an impact on the environment?

No comment.

Do you have any other comments that you would like to make, relevant to the subject of this consultation, that you have not covered in your answers to other questions?

No comment.

[1] European Environment Agency, Urban sustainability issues: what is a resource-efficient city?, Publications Office, 2016, https://data.europa.eu/doi/10.2800/389017

[2] https://www.rtpi.org.uk/research/2021/march/20-minute-neighbourhoods/#:~:text=20 minute neighbourhoods are a,within a 20 minute walk.

[3] RTPI Scotland (2021) Resourcing the Planning Service: Key Trends and Findings 2021. June. Available here: https://bit.ly/3s5h4Yc

[4] https://www.rtpi.org.uk/research/2022/july/future-planners-project-report/

[5] https://www.rtpi.org.uk/planningoutcomes

[6] https://www.rtpi.org.uk/media/7627/scottish-context-pilots-nov-2020-final.pdf

[7] https://www.rtpi.org.uk/research/2020/september/planning-through-zoning/