Local Government and Communities Committee

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The Local Government and Communities Committee looks at communities, housing, local government, measures against poverty, planning and regeneration matters falling within the responsibility of the Cabinet Secretary for Communities and Local Government.

Hazardous Substances Planning Common Framework

What does the framework do?

The Hazardous Substances Planning common framework is a non-legislative framework that relates to land-use planning. It includes planning controls on the presence of hazardous substances; handling development proposals for hazardous establishments, and handling development proposals for developments in the vicinity of hazardous establishments.

What is the latest update on the common framework?

The development of a common frameworks consists of a 5 phase process.  On 17 February 2020, the Scottish Government Minister for Local Government, Housing and Planning, Kevin Stewart MSP, wrote to the Local Government and Communities Committee to inform them that the framework had successfully moved through phase 3 of the process following a successful engagement session with stakeholders. The draft framework has been subject to an official level Review and Assessment panel and refined by officials from the UK Government and devolved administrations.

On 30th January 2020, the UK Frameworks Project Board indicated that it was content for the finalised draft to be submitted to the Joint Ministerial Committee (European Negotiations), for provisional agreement at a future meeting.

What are the expected next steps for the framework?

A copy of the finalised draft outline framework will be provided in the near future for the Committee to consider.

Date Action
17 February 2020 The Committee received correspondence from the Minister for Local Government, Housing and Planning, providing an update on Phase 3 of the Framework Process for common framework: Hazardous Substance Planning.
19 July 2019 The Committee received a response to its letter of 27 June 2019 to the Minister for Local Government, Housing and Planning on common framework: Hazardous Substance Planning.
4 July 2019 The Committee was copied into a letter sent from the Cabinet Secretary for Government Business and Constitutional Relations to the Finance and Constitution Committee.  The letter drew its attention to the framework for Hazardous Substances Planning.
27 June 2019 The Committee wrote to the Minister for Local Government, Housing and Planning on common framework: Hazardous Substance Planning.  The letter asked what progress had been made in planning for this framework and when wider engagement on the framework would take place.

Background work on Common Frameworks

The Committee exchanged corresponded with the Minister for Local Government, Housing and Planning and the Convener of the Finance and Constitution Committee as it undertook background work on common frameworks that may fall within its remit.

The Committee also heard from witnesses on common frameworks that may be required in areas of Local Government.

Date Action
31 May 2019 The Committee responded to the letter from the Finance and Constitution Committee on the devolution settlement.  The response commented on common frameworks of particular interest to the Local Government and Communities Committee.
14 May 2019 The COSLA President wrote to the Committee.  The letter included details of the impact of powers returning to the UK from the EU in the area of Local Government.  The letter noted that possible non-legislative common frameworks may be required.
1 May 2019 The Committee held an evidence session on new powers arising from Brexit that may fall within the area of local government and require a common framework – including public procurement.   The witnesses were asked about the areas that were of most concern to local government, where common frameworks would need to be established.
25 March 2019 The Finance and Constitution Committee wrote to the Committee about the role of the Scottish Parliament in scrutinising new powers arising from the UK leaving the EU.

The letter focussed on 3 main areas including common frameworks that may be required.