While that answer’s clear, it falls short when it comes to setting the scene, or indeed presenting a persuasive case. So here goes…
I remember being told as a law student at the University of Aberdeen in the late 1980s that the planning system in Scotland was in need of reform.
Some decades on, and while the system is identified as key to shaping sustainable communities, infrastructure and development, the call for change is as strong as ever.
Investment — setting the scene
The question now is whether it’s fit for purpose for green infrastructure projects, set against the backdrop of competing priorities for local authorities and the Scottish Government — particularly budgetary constraints and access to skills.
One litmus test might be the role the planning system plays in encouraging investment for businesses. Stability in policy and confidence in realistic and sustainable delivery are the basic needs for any informed commercial business decision.
Key developments in planning over the last year
One of the key developments in this area over the last year was the adoption of the National Planning Framework 4 (NPF4) in February 2023.
This sets out how our communities can develop and affects all aspects of planning including emerging low-carbon and zero-emissions technologies such as hydrogen and carbon capture.
As laudable as this is, the challenges of finding the resources for tangible action in the short term are, in my experience, recognised and understood by the business sector.
After all, most of us live in the communities where we operate and are acutely aware of the critical decisions facing those allocating funds.
Cross-sector collaboration
The need for collaboration and knowledge sharing has never been greater: we’re facing global competition at a level we’ve never experienced before.
On the other hand, we have an impressive — and internationally recognised — wealth of knowledge and experience both in the public and business sectors.
As such, I’d welcome greater partnership and collaboration between the two — not some lengthy consultation, but tapping into skills for tangible benefit.
On that note — and bearing in mind excitement is not an emotion I’d expect to feel when it comes to budgets — I read the CBI Scottish Budget 2023/24 submission with interest.
CBI Scotland has urged the Scottish Government to consider reform for planning processes for local and major green infrastructure projects: offering more opportunities for input from businesses.
It has also called for the government to support an industry-led team of planning experts — a prime example of that collaboration I mentioned — to accelerate the consenting process of major net-zero infrastructure projects. It would be interesting to see too how that concept would work at a local level.
What’s happening on the ground?
In terms of Scotland’s decarbonisation journey, we’ve seen a move to grow the footprint of more traditional renewables, such as wind (with larger windfarms further offshore and floating windfarms) and tidal power.
An example of this is in October, SSE Renewables and its partner TotalEnergies announced all turbines at the Seagreen Offshore Wind Farm off the Angus coast in the Firth of Forth were operational.
Notably, in December of last year, £1.8billion-worth of contracts for Eastern Green Link 1, a joint venture between National Grid Electricity Transmission and SP Transmission, were announced.
This will see the creation of a 525kV, 2GW HVDC subsea transmission cable from Torness in East Lothian, Scotland, to Hawthorn Pit in County Durham, England, and — the partners say — it will carry enough green energy to power more than two million homes across the UK.
However, over the next year and beyond we’ll see more development into other energy technologies, such as hydrogen and carbon capture and storage.
In September, Acorn received licences from the North Sea Transition Authority for the Acorn East and East Mey CO2 stores, while the Acorn Development Partners — lead developer Storegga, technical developer Shell, Harbour Energy, and North Sea Midstream Partners — are currently preparing for detailed commercial negotiations with the government in Track-2 as one of four UK Government Carbon Capture, Usage and Storage (CCUS) clusters selected to deliver storage of 20-30 Mt of CO₂ per year by 2030.
The Forth and Inverness and Cromarty Firth Freeports are good examples too of what can be done with the UK and Scottish governments working together — presenting great opportunities to stimulate growth.
More than ever, there’s a clear need for joined-up thinking and breaking down the silos.
It’s no surprise, then, that one of my hopes for the next 12 months and beyond is to see improved collaboration between the public and private sectors and more opportunity for businesses to input into the decision-making process over the short, medium, and long term.
An earlier version of this article appeared in the December edition of the Press and Journal’s business supplement.
Jennifer Young
Partner
Jennifer is an experienced practitioner, having been accredited by the Law Society of Scotland as a construction law specialist for over two decades.
Having served as the firm’s chair from 2012 and then managing partner in 2020, Jennifer returned to a more client facing role in November 2024.
As well as non-contentious work including contract reviews and negotiation, Jennifer has particular expertise in construction dispute management and resolution, and regularly advises on high-value contractual claims. She also presents training for clients, focusing on commercial awareness in supply-chain contracts and transfer of risk in commercial contracts.
Jennifer is current convenor of the Law Society of Scotland's construction law accreditation panel, and in August 2024, she was named an honorary fellow of The Royal Incorporation of Architects in Scotland (RIAS). As from January 2025, Jennifer was appointed to the chair of the Board of Governors at Albyn School.
Posted: February 6th, 2024