10/11/24: Protection of Trees in Conservation Areas
From Clive Preston of Stockbridge & Inverleith CC:
It's apparent that the statutory protection of trees within a Conservation Area is totally inadequate. With hundreds of applications for tree work and felling being made each year, it is highly possible that, due to staff shortages, not every site is visited by Council Officers as it should be by procedural requirement. So, even more trees are being lost. Confidence in the whole process is not very high.
Established trees make a major contribution to the character and amenity of an area and those within Conservation Areas have statutory protection. What this means is that before any tree work (including felling) is carried out in a Conservation Area, the City of Edinburgh Council must receive written notice identifying the tree(s) and detailing the nature and extent of the proposed works. (This requirement does not apply if a tree is less than 7.5cm diameter, or 1.5m high, or 10cm in diameter, or thinning is intended to help growth of other trees. If a tree is dying, dead or dangerous, the Council still needs to be notified of any proposed work.) This allows an assessment of the proposals by the Councils’ Arboriculture Officers. The only way the Council can protect a tree is by issuing a Tree Protection Order (TPO). It cannot otherwise refuse consent.
TPOs are used to protect selected trees and woodlands if their removal would have a significant detrimental impact on their environment. They must be of sufficient stature and sound condition so that they can be described as being an amenity to the public at large. Tree work undertaken within a Conservation Area without notification and consent makes those responsible liable to a financial penalty.
In reality, only a handful of TPOs are issued by the Council each year, meaning that most tree applications, including those for felling, are granted. Unfortunately, the process of a TPO does not necessarily protect a tree if removal has been approved by the Council as part of building planning consent. This is something to look out for. By way of example, some years ago, between 60 and 80 trees with TPOs were felled in the Trinity House Park site in north Edinburgh to allow for residential accommodation (now called Larkfield Gardens.)
16/08/24: Local Place Plans: the early steps.
Nick Marshall from Northfield Willowbrae CC shares his experience in shaping a Local Place Plan (LPP). Contact him at
"We decided to do a LPP late last year, when CEC first announced they were keen to have them submitted. We were able to put together a small team including two people with experience of participatory planning and one former senior planner. The deadline looks to be some time late in 2025. We are aiming to submit around Easter.
CEC told us that there was no funding to help us, so we have been paying for meeting venues and posters from our small CC funds. We have recently been approved for a community grant of £1000. We have done most of the work ourselves on such things as leaflet design and drafting. Total costs will be around £1500, plus a lot of volunteer time.
The main focus of our work to date has been through participatory meetings, based on the Scot Gov 'Place Standard Tool', which offers an excellent planning template. ( https://www.ourplace.scot/tool ) We printed a questionnaire derived from this and set up an online questionnaire on the Improvement Service website, adapted from their standard online questionnaire.
(See here for more: https://www.improvementservice.org.uk/products-and-services/planning-and-place-based-approaches )
We have been running Saturday morning free coffee events for two hours or so every two months, placed posters on local noticeboards and on some bus shelters, and used some banners. We've arranged three walkabouts so far, in Piershill, Lady Nairne and Northfield, and have held a church hall and a local pub meeting. We've had up to 30 attendees at these events.
With about 50 questionnaires returned and a further 60 online forms completed, we are ready to move on to the next stage. We need to draw up an explanatory summary of current CEC policies as they relate to our area, then sit down to analyse the responses we've received from people so we can get a clear fix on the really key issues and how residents feel about them. That way we can identify what we include in the LPP and what we encourage CEC to take forward by other means.
Then it's a case of drafting the LPP and bringing residents, neighbouring community councils and (importantly) local elected councillors into the picture. Hopefully, that leads us to submitting a final version to CEC in eight months' time or so.
This is a big local learning exercise; time-consuming but so far very worthwhile. I'm happy to share more on how we have gone about it."
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06/12/23: Neighbourhoods - Low Emission, Low Traffic and 20-Minute.
Nick Marshall of Northfield and Willowbrae CC offers a quick summary of three core initiatives of the Council on 'neighbourhood design'.
This briefing is to provide clarification on various transport initiatives by City of Edinburgh Council (CEC). Several members of the public have raised concerns with the Community Council about these initiatives, often based on misinformation found online. Rather than preparing a separate response for each person, this briefing will provide a basis for such responses.
Low Emission Zone (LEZ)
An LEZ (sometimes called a Clean Air Zone, CAZ) is an area in which the use of older or more polluting vehicles is limited or prohibited. CEC is introducing a LEZ, covering an area slightly larger than Edinburgh city centre to be fully active from 1 June 2024. It is currently in a testing phase. Other LEZs in Scotland are in Aberdeen, Dundee and Glasgow. Unlike the London ULEZ, there are no permits. Vehicles considered more polluting (roughly pre-2015 (Euro 6) for diesel cars and pre-2013 (Euro 4) for petrol cars), are not allowed inside the LEZ perimeter, and owners/drivers are charged each time they drive into the zone. Central Edinburgh air is badly polluted, and councils are legally required to take action to reduce such pollution (mainly nitrogen oxides and particulates) which comes mostly from vehicle exhausts. The LEZ is an attempt to reduce this pollution. More information:
Low Traffic Neighbourhoods (LTN)
An LTN is an attempt to reduce traffic passing through a predominantly residential area, especially traffic which is seen as using residential streets to avoid busier main routes. Vehicular access is maintained to all properties in an LTN, though journeys within the LTN may take slightly longer. Filters may be put in place which only allow some traffic, e.g. buses or emergency services, to pass. It is these physical filters which discourage through traffic.
The aim of an LTN is to make residential areas safer and more comfortable to live, travel and spend time in. CEC is responding to Government policies to encourage Active Travel (i.e. walking and cycling) and to reduce private car use, to reduce pollution, reduce carbon emissions and address the obesity epidemic. CEC is introducing LTN trials in Leith and Corstorphine and may subsequently introduce them in other areas of the city. More information: https://www.edinburgh.gov.uk/news/article/13101/developing-low-traffic-neighbourhoods-for-communities-across-edinburgh
20 Minute Neighbourhoods (20MN)
20 Minute Neighbourhoods is a planning initiative across the UK to promote towns and cities where everyone can access all of their daily needs within a 20 minute walk, including shops, post office, doctor, dentist, library and other council services, social venues, greenspaces and jobs. This is very much how towns and cities used to be organised, before the advent of out-of-town shopping centres and long commutes.
With 20MNs, Local Development Plans prepared by the CEC encourage developers, businesses and service providers to set up local branches or small businesses to set up near to residential areas and in local centres rather than on distant industrial estates. Stories that 20MNs will restrict peoples’ movements are entirely unfounded - no one’s ability to travel for shopping, services or work if they wish to do so will be affected. CEC is currently trialling 20MNs in Craigmillar/Niddrie, Gorgie/Dalry and Portobello, but will also introduce them to other parts of the city in due course, and with public consultation.
More information: https://www.edinburgh.gov.uk/future-council/need-20-minute-neighbourhoods
Are all these initiatives linked?
The LEZ is aimed solely at reducing air pollution in the city centre. LTNs and 20MNs are separate initiatives brought into the Edinburgh 2030 Climate Strategy which aims to reduce carbon emissions and is the city’s response to the UN Paris Agreement, UK Low Carbon Transition Plan and the Scottish Government Climate Change Plan. CEC is therefore legally required to take action to (for instance) reduce private car use, increase Active Travel, insulate homes and other buildings, encourage businesses to be more energy efficient, reduce waste and create more low-carbon jobs.
More information: https://www.edinburgh.gov.uk/downloads/download/15068/2030-climate-strategy
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06/12/23: Edinburgh’s next planning round: City Plan 2040.
CEC’s Planning Division have their heads down in earnest now, pushing to wrap up City Plan 2030 for adoption by mid-2024 and starting to shape the canvas for the one that comes next, City Plan 2040.
“Pie in the sky!”, I can hear, or worse. But that completely misses the point. A local economy needs to change and develop. The city needs to adapt and grow. Someone has to own the project. Better too early than too late.
So, as they say, ‘Fail to plan; plan to fail’. The Scottish Government has no intention of letting that happen. Local Authorities have their orders. The clock is ticking. Here’s a quick rundown on where things stand.
City Plan 2030 is the successor to the current Local Development Plan 2016. A local development plan carries a 10-year strategy along with policies and proposals to determine planning applications and an Action Plan to guide delivery.
City Plan 2030 was submitted to the Scottish Government’s Planning and Environmental Appeals Division (DPEA) for formal examination in December 2022. This process is close to completion. A Report of Examination should be returned to the Council in Q1 2024. It will carry recommendations and may include proposed modifications. The Council will decide on adoption of the plan. It’s expected that will take place by mid-year.
The legislative framework for development planning has now changed with the Planning (Scotland) Act 2019. New procedures on the shaping and build of local development plans were announced by the Scottish Government in May 2023, along with new regulations and a change in the ‘planning style’ to be adopted. Every planning authority in Scotland is expected to have a new local development plan in place by May 2028. The over-arching National Planning Framework 4, which covers all of the country, stays in place for now. (It will also begin a journey of revision.) Other reference points include Regional Spatial Strategy and community-led Local Place Plans.
The new ‘style’ of City Plan 2040 will display three core characteristics. It will be:
‘Place-based’ – focused on illustrative local geographies; climate-crisis aware;
‘People-centred’ – prepared collaboratively through active public and community engagement;
‘Delivery-focused’ – targeted on achievable outcomes.
Notice that phrase ‘active public and community engagement’. City Plan 2040 is coming to you. At this very early stage of ‘Evidence Gathering’, you are being invited to say how you would like to be involved in, and to be kept informed about, the whole process. Here is the link to the survey that the Council has opened until 19 January 2024. Take the opportunity.
City Plan 2040 - Draft Participation Statement - City of Edinburgh Council - Citizen Space
The Evidence Gathering stage sits within the Development Plan Scheme (DPS) for City Plan 2040. The DPS is the ‘how to go about it’ framework. Work on the DPS will be accompanied by work on a draft Participation Statement, a summary of when and how the public and communities will be engaged over the course of the long planning programme. One aspect already in course is the live invitation for community groups to submit Local Place Plans to inform the planners’ early thinking.
As a community councillor, you are going to hear a lot about City Plan 2040. Community councils are there to serve their communities. Helping deliver that sought-for close engagement between the planners and the people is going to be a big item on their ‘to do’ list.
Here are some useful references:
Planning Edinburgh blog:
View the City Plan 2030 project webpage at:
https://www.edinburgh.gov.uk/cityplan2030
View the City Plan 2040 project webpage at:
https://www.edinburgh.gov.uk/local-development-plan-guidance-1/city-plan-2040
Sign up to the mailing list:
Questions about the content of the current local development plan:
Scottish Government Local Development Planning Guidance
Local development planning guidance - gov.scot (www.gov.scot)
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07/06/23: Use of Public Spaces for Events and Filming: Update Meeting
Event: 6 Jun 2023: Screen Meeting with CEC Public Spaces Team:
Update on Use of Public Spaces for Events and Filming.
CEC Place set in motion the development of a Public Space Management Plan early in 2020, overseen by the Culture and Communities committee. Key Principles for the use of public open space for events and filming were set out in September 2021. Consultations continued over the course of 2022. An Update on the Use of Public Spaces for Events and Filming was given to the Culture and Communities Committee in May 2023. Further work on the shape of the framework is taking place. A final report on the policy and associated guidance will be presented to Committee in October.
An update on the programme was offered to ‘stakeholders’ on 6 June. Joan Parr, CEC Service Director for Culture and Wellbeing chaired the session. The ‘scope’ of the overall programme has expanded appreciably, post-Covid, with a marked expansion of Filming Processes, for example. It was clear that the Public Spaces Team are under a good deal of pressure to wrap it up.
The essence of the programme is the distillation of 17 Key Principles (governing applications for, granting of, and conditions of approval) into the following four Key Policy Themes:
1. Process is transparent and accountable: Digital Platform to host all proposed and approved event information; open to the public.
2. Process and activities are proportionate: Event and Filming activities have to be 'proportionate' to their location and subject to 'area conditions'.
3. Activities must have a net positive effect: Measure across 'community wealth, cultural identity, reputation, quality of life or social value'.
4. Organisers will minimise their impact: Observing physical reinstatement; sustainability (net zero) principles; industry best-practice; stakeholder engagement.
Detailed ‘Guidelines’ to govern Policy ‘application’ remain ‘in the background’ (now somewhat lost from sight, in the opinion of one attendee, this after long gestation in past consultations with interested parties, including Community Councils.) They must be brought back into sharp focus.
From a Community Council perspective (principally Old Town, New Town and West End, but not exclusively), the points repeatedly made at this session covered:
Clearly inadequate pre-advice and consultation at present on ‘events and filming’;
Poor or no advance communication of dates and locations;
A lack of Council commitment to full financial transparency and reporting of the costs and benefits to the city of a now heavy (and growing) events and filming calendar.
For the moment, direct any queries to
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15/05/23: Use of Public Spaces for Events and Filming: Update Report
15 May 2023: The CEC Placemaking Directorate has issued a short update report, presented to the Culture and Communities Committee on 11 May. It offers 'an indication of the future shape of the proposed policy and supporting guidance', this ahead of a final report scheduled for October. Here is the update link, (Any questions to
8.3 - Use of Public Spaces for Events and Filming_Final.pdf (edinburgh.gov.uk)
09/05/23: Planning Democracy: Community rights of appeal.
9 May 2023: Edinburgh City Council votes unanimously in favour of community rights of planning appeal.
Planning Democracy is celebrating the 4 May CEC decision to back community rights of planning appeal in a motion led by Cllr. Ross McKenzie.
Cllr. Cammy Day will now request of the Scottish Government's Planning Minister, Joe Fitzpatrick MSP, a review of the rights of appeal, along with a request for extension of the current time periods for the determination of applications in certain circumstances.
At the heart of the issue is a drive by Planning Democracy and other groups to ensure that the Planning (Scotland) Act 2019 cements the right of communities to influence local planning authorities' development plans in the course of the preparation of their own local place plans. Access to a right of appeal, on a par with the facility presently open to developers as a matter of course, would dismantle the 'privileged position' developers enjoy in determining the shape of communities, it is argued.
There is more on this story here: http://www.planningdemocracy.org.uk .
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03/02/23: National Planning Framework 4
3 Feb 2023: National Planning Framework 4 (NPF4)
Planning Edinburgh published on 1 February guidance to the NPF4, approved by the Scottish Parliament on 11 January 2023.
NPF4 is ‘a spatial plan for Scotland to 2045’, setting out where development and infrastructure is needed. It rests on the vision of ‘Sustainable Places; Liveable Places; Productive Places’
Here is the link:
National Planning Framework 4 (NPF4)
The adoption of NPF4 will mean that policies embodied in the city’s Local Development Plan 2016 (LDP 2016) must align with it; some current policies may require realignment.
A report to CEC Planning Committee (18 January 2023) gives the detail on this:
The CEC Planning Policy Framework for the Local Development Plan in a National Planning Framework context is set out here:
View our Policy Framework (PDF)
You can link to LDP 2016 here:
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01/09/21: Planning: Non-Material Variation Service
In April, CEC Planning launched a new Non-Material Variation Service as part of wider efforts to improve customer service and consistency across planning.
A Non-Material Variation (NMV) application is a proposal to change an approved development that will not significantly alter what was granted planning permission.
There is a new and streamlined way to apply for NMVs, and a new formalised Application Form and Customer Guidance for applying.
Almost 90 NMV applications since April & with this new service have been able to process them in a more efficient way.
NMV applications can also be paid for easily at any time using our secure online payment form on our website.
Please do not contact individual case officers with regards to NMVs as all queries and requests are being managed through the new process.
For further details, see this section of the planning web pages:
23/03/18: Planning and Building Standards Performance and Service Improvements
23 Mar 2018: A report on Performance and Service Improvements was placed before the Planning Committee on 14 March 2018. This report had a number of recommendations, some of which were accepted by the committee, some which were deleted by the Committee and some which were amended by the Committee. The key changes related to the current Scheme of Delegation which allows officers to determine planning applications on the Committee’s behalf. Here’s what was agreed by the Planning Committee (but see below as they are not the final decision-maker):
Read more: 23/03/18: Planning and Building Standards Performance and Service Improvements