North Ayrshire Council

Combined Equality Impact Assessment and Children’s Rights Impact Form

Equality Impact Assessment

This form will assist in carrying out an equality impact assessment of new, revised and existing policies and practices. Guidance on how to complete assessments is given in the Council’s Equality Impact Assessment Toolkit. The form is mandatory and must be published on the Council website once the policy or practice has been approved.

Section 1 - Details
1.1. / Service / Economic Growth / Section / Planning
1.2. / Name of Policy or Practice being assessed:
Local Development Plan 2
Is it new / x / Existing
1.3. / List of participants in Equality Impact Assessment
Strategic Planning Team (Neale McIlvanney – as author; Thom Ledingham & Chris McNey – as peer review officers)
Andrew Hale (Corporate Lead – EqIA)
1.4. / Manager responsible for impact assessment
Name: / Neale McIlvanney
Designation: / Strategic Planning Manager
1.5. / Timetable
Date assessment started: / July 2016 / (dd/mm/yyyy)
Completion date: / February 2018 / (dd/mm/yyyy)
Section 2 – Aim and Relevance
2.1. / What is the purpose of the policy, practice or proposal?
The Local Development Plan is a statutory corporate document, providing a spatial framework for development. The LDP allocates and provides land for development, indicates what development will or will not be supported, and provides policies for assessing and determining planning applications. The LDP is shaped by legislation, and, notably, by Scottish Government Policy through ‘Scottish Planning Policy’ and ‘National Planning Framework 3’. Government and public agencies are statutory consultees in the preparation of LDPs, and those agencies have a significant influence over LDP content.
2.2. / What are the anticipated notable outcomes (positive and negative)?
Anticipated outcomes are that the LDP should generally have a positive impact across the characteristic groups, from a social, economic and environmental perspective. In the main, the impact of the LDP is land-based, and therefore often it is considered that, while the impact of the LDP is predicted to be positive, it is difficult to discern whether the impact will affect any of the characteristic groups disproportionately more than any others, given available evidence on characteristic groups.However, since the LDP is land-based and spatial, the impact of the policies on where development is directed is determined as having most impact on characteristic groups that rely on good accessibility to services to enjoy equality of opportunity. Therefore it is natural that age and disability groups are often identified as being particularly impacted by the LDP. Given the intent of the LDP is to increase, improve accessibility and direct services, amenities and employment opportunities to accessible places, the impacts are generally noted as being positive. Pregnancy and maternity groups were also identified as being positively affected by the LDP for similar reasons – accessibility. For housing, the policies seek to deliver choice and variety in housing stock to meet the needs of North Ayrshire residents, so a positive impact was identified for some groups.
The placemaking, vision, access, and town centre policies were seen as positively affecting all groups given their strategic nature and intent to create equality of opportunity.
The industry policies had positive impacts for gender groups, recognising that supporting ancillary services (e.g. nurseries) at work locations can support working parents; and this can be a gender equality issue that can penalise females.
The only potentially negative impact identified was the accessibility to listed buildings. It was not determined necessary to mitigate this, because the policy, in principle, doesn’t limit accessibility; rather the detail of an individual building could. It is considered this is unlikely, and that the planning application process can mitigate those impacts, and balance the issue against government policy and legislation.
Themes other than the characteristic groups were considered throughout. Commonly rurality is impacted by the LDP, generally in a positive way. The island proofing of policies has ensured that rurality does not create equality in island communities, through the LDP.

Children’s Rights Impact Assessment Notable Outcomes:

It is expected that the LDP will have positive impacts across most of the indicators. In particular through creating sustainable patterns of development and guiding development to sustainable, accessible locations, by promoting sustainable and active travel, through providing improved education facilities, through improving North Ayrshire’s economy, with a particular focus on job density and high value jobs, to ensure future opportunities exist for younger people and to promote physical activity and healthy lifestyles. A range of other related benefits are likely to arise, through secondary impacts. Where policies have no predicted impact on children and young people, it is likely because the spatial nature of the LDP means it cannot deal with other issues. Because of the link between the LDP and LOIP, it is expected non-LDP actions are likely to be picked up on by community planning partners.

2.3. / Who is affected by the policy or practice as an internal or external service user?
All North Ayrshire residents as well as those working in, or visiting the area.
2.4. / Please indicate the equality groups likely to be affected by the policy:
All.
2.5 / Are there any children’s rights (based on the Articles of the UNCRC – Appendix 2) that are impacted on through the proposal? (for further information please refer to guidance)
Yes – Please see CRIA in Appendix 2 (and LDP CRIA Assessment Matrix)
Which aspects of the policy eliminate unlawful discrimination, harassment and victimisation?
2.6 / None. The LDP is a land-based document, these themes do not/have not emerged as being able to be influenced by the LDP.
2.7 / Which aspects of the policy advance equality of opportunity between people which share a relevant protected characteristic and those who do not?
The LDP particularly is shown to create equality of opportunity in relation to promoting access to amenities and services so that all characteristic groups can enjoy equal access to employment, amenities, services etc.; and that development is directed to sustainable locations, thereby also promoting equality.
2.8 / Which aspects of the policy foster good relations between people who share a protected characteristic and those who do not?
The LDP is land-based not, people based document, and therefore there is no identified direct impact. However, the intent to create successful places is inherently seeking to create places that can be accessed, enjoyed and shared by all people.
2.9 / Have any cross cutting impacts been identified from other Council Services or Partner Agencies (multiple discrimination or accumulated effects of multiple proposals on a protected characteristic)?
Isolation can be cross-cutting and has been identified by the Local Outcome Improvement Plan, by cross-cutting disabled and age groups – and potentially other, such as social deprivation. Where the LDP affects these themes, impacts are positive.
2.10 / If Crosscutting issues identified with other Services, what discussion/interaction has taken place to mitigate any potential negative impacts of accumulated proposals?
Joint working with the housing service on the Local Housing Strategy and Strategic Investment Programme has been taken account of in this assessment, and in the content of the LDP, therefore providing support for meeting variable needs housing.
Section 3 – Collecting Information
3.1. / What evidence is available about the needs of relevant groups?
Source of Evidence
Demographic data, including Census /
  • NRS Population Projections
  • 2011 national census
  • SIMD

Research /
  • LDP2 Monitoring Report
  • North Star Housing Needs and Demands Assessment
  • North Star Housing Market Analysis for Arran
  • Housing Land audit
  • Employment land audit
  • Town centre audit
  • A range of research and data was created to profile communities within locality areas. This information was referred to in making judgements as part of the assessment of the EqIA. These are available on the NAC Community Planning website.

Consultation & survey reports /
  • Disability Focus Group Report
  • Gender equality focus group report
  • MIR consultation
  • Various Locality Planning Partnership consultation exercise
  • Continuous engagement across Council services and with government/public agencies
  • MIR consultation responses (written subs, SurveyMonkey)
  • Place standard feedback from locality areas and for specific potential development locations.
  • People’s Panel Reports
  • Annual Youth Conference 2016 – Survey of planning issues affecting North Ayrshire

Equality Monitoring Data /
  • Disability Focus Group Report
  • Gender equality focus group report

Inspection & audit reports / North Ayrshire Community Planning Partnership Draft Audit Report 2012
Service user feedback & complaints / A main issues report consultation was undertaken during early 2017, with responses recorded. Engagement with community representatives has been carried out through LDP preparation (since summer 2017), including use of Place Standard to assess impact of potential development sites. All feedback has been considered in undertaking equalities assessment of policies.
Ombudsman reports & case law / None known.
Officer knowledge & experience / Officers are experienced in development of policy/strategy for development and in issues faced through implementation of development. This, together with evidence sources listed, and consultations, has informed assessment of policies.
3.2. / Are there any gaps in evidence?
None identified.
Section 4 – Impacts
4.1. / Could the proposed policy or practice have an impact on any of the following protected characteristics?
Protected Characteristic / Yes / No / Please explain(Positive or negative)
Age
(Older people, children and young people – please identify which categories will be affected) / x / Positive. See attached assessment framework with recommendation.
Disability
(Physical and Learning) / x / Positive. See attached assessment framework with recommendation.
Gender reassignment
(Where a person is living as the opposite gender to their birth) / x / Positive. See attached assessment framework with recommendation.
Pregnancy and Maternity / x / Positive. See attached assessment framework with recommendation.
Race, ethnicity, colour, nationality or national origins (including gypsy/
travellers, refugees and asylum seekers) / x / Positive. See attached assessment framework with recommendation.
Religion or belief / x / Positive. See attached assessment framework with recommendation.
Sex
(Women and Men) / x / Positive. See attached assessment framework with recommendation.
Sexual Orientation
(Lesbian, gay and bisexual people) / x / Positive. See attached assessment framework with recommendation.
Other (Poverty, homelessness, ex offenders, isolated rural communities, carers, part-time workers, or people in a marriage/civil partnership) / x / Positive. See attached assessment framework with recommendation.
Section 5 – Assessment
5.1. / Is there any evidence that the policy:
  • may result in less favourable treatment for particular groups?
  • may give rise to direct or indirect discrimination?
  • may give rise to unlawful harassment or victimisation?

Yes / No / x / No evidence
If yes, give details
NA
.
5.2. / If you have identified a negative impact, how will you modify this?
The only potentially negative impact identified was the accessibility to listed buildings. It was not determined necessary to mitigate this, because the policy, in principle, doesn’t limit accessibility; rather the detail of an individual building could. It is considered this is unlikely, and that the planning application process can mitigate those impacts, and balance the issue against government policy and legislation.
5.3. / Is the policy or practice intended to promote equality by permitting positive action or action to remove or minimise disadvantage?
Yes / No / x
If yes, please give details
NA
Section 6 – Consultation & Recommendations
6.1. / Describe the consultation undertaken with equality groups, including details of the groups involved and the methods used.
Widespread consultation on the Main Issues Report (a consultation document to inform the content of the LDP) was undertaken in line with statutory requirements during early 2018. This involved publishing the LDP, advertising online (incl Twitter), in press, and placing copies in all libraries and some council offices. A roadshow took place, where officers visited communities (in public locations). Officers also visited locality planning partnership events on a number of occasions to allow community representatives to feed back on the LDP progression. A Place Standard exercise was undertaken to obtain feedback on community views on potential development sites. These events were either open to public in accessible locations, or widely advertised as such; or with community planning process, which is structured to be representative of communities. Publication of documents contained statements on covers that indicated they could be made in formats to support individuals requiring bespoke arrangements to access/use the documents.
Presentation to the Community Planning Board was also held which included senior representatives from community actors (such as NHS).
Section 7 – Outcome of Assessment
7.1. / Please detail the outcome of the assessment:
1)No major alterations to policy assessed, EIA shows policy is robust / x
2)Adjust the policy to remove barriers or better promote equality
3)Continue the policy – there are justifications to continue the policy despite potential for adverse impact
4)Stop and remove the policy as there is actual or potential; unlawful discrimination
7.2. / For Outcome 2. in section 7.1 above - please detail recommendations, including any action required to address negative impacts identified or to better promote equality
The only potentially negative impact identified was the accessibility to listed buildings. It was not determined necessary to mitigate this, because the policy, in principle, doesn’t limit accessibility; rather the detail of an individual building could. It is considered this is unlikely, and that the planning application process can mitigate those impacts, and balance the issue against government policy and legislation.
7.3. / Is a more detailed impact assessment needed? Please state the key issues and recommendations arising from the Children’s Rights Impact Assessment (if applicable)?
No.
7.4 If Outcome 3 is chosen from section 7.1 above, please outline the justifications for continuing the policy/procedure.

Section 8 – Monitoring
8.1. / Describe how you will monitor the impact of this policy e.g. performance indicators used, other monitoring arrangements, who will monitor progress, criteria used to measure if outcomes are achieved.
Annual monitoring of the LDP will take place through audits of town centres, housing and employment land designations. An action programme will also be published annually to indicate the Council’s progress with implementing the LDP. These will generate and consider sources of data on impact of the LDP.
8.2. / Describe how you will publish the results of monitoring arrangements?
All work associated with the LDP (including EqIA and all referred documents) will be published online and in press adverts in April 2018, as part of the publication of LDP. This will be open to a consultation period, where comments will be accepted on any part of the LDP – or associated documentation.
8.3. / When is the policy or practice due to be reviewed?
On a 5-yearly cycle. In the meantime, an action programme will be published at the time of LDP adoption and updated annually thereafter, with reference to monitoring of impact of LDP.
8.4. / Head of Service who has approved impact assessment
Please insert name and title of the Head of Service who has approved this assessment
Name: / Caitriona McAuley
Title / Head of Service (Economic Growth)
Date:
Section 9 – Publication
9.1 / All Equality Impact Assessments must be published on the Council website. Please forward to Andrew Hale ()
Useful Guidance
Equality and Human Rights Commission: Assessing impact and the public sector duty: A guide for public authorities (Scotland) (2012)

Appendix 2

When considering the Children’s Right’s Impact process, some of the key considerations should be recorded in the EIA question section, including any evidence, research and consultation (including any consultation with young people)

Children’s Rights Impact Assessment – Not Applicable as no impact on younger people

Assessing the Impact and Presenting Options

1. How many children and young people are likely to be affected by the policy or measure?

The Local Development Plan is predicated to potentially impact on anyone living in/visiting/working in North Ayrshire; therefore potentially any young person in North Ayrshire could be affected by the LDP.

2. Are some children and young people more likely to be affected than others?

If, Yes what groups?

Throughout the assessment, no particular characteristic groups are expected to be affected disproportionately. The LDP is a spatial strategy for inclusive growth, founded on community priorities, therefore is should act to reduce inequalities for communities, including young people.

3. What Children’s Rights are likely to be affected by the policy/proposal?

Please refer to Table 2 (Appendix 2) – summary of Children’s Rights measured against the Children’s Wellbeing indicators and insert the relevant rights and indicators in the table below.

Children’s Right / Wellbeing indicator
All – see attached assessment sheet / All – see attached assessment sheet

4. What likely impact will the policy/proposal have on Children’s Rights and Wellbeing? Positive/negative

Children’s Rights / Positive (Explain) / Negative(Explain)
Wellbeing Indicators / It is expected that the LDP will have positive impacts across most of the indicators. In particular through creating sustainable patterns of development and guiding development to sustainable, accessible locations, by promoting sustainable and active travel, through providing improved education facilities, through improving North Ayrshire’s economy, with a particular focus on job density and high value jobs, to ensure future opportunities exist for younger people and to promote physical activity and healthy lifestyles. A range of other related benefits are likely to arise, through secondary impacts. / No negative impacts were identified.
Other Protected Characteristics

5. If Negative impacts are identified how will these be mitigated or the effect reduced?

No negative impacts were identified. Some policies were deemed to have little or no impact on children and young people; however no action has been taken to alter those policies for the following reasons: -
1)the LDP is interlinked with the LOIP, which links to strategy and action taken by other community planning partners, which is more likely to have direct impacts on the indicators.
2)The policies should be read in conjunction with each other. Bearing in mind the LDP is a land use documents, the improvement to policies would likely only come through impacts already delivered through other LDP policies.
3)Policies in the LDP are providing local guidance on areas which are likely to have been influenced by national policy and where there is little scope to depart from findings.

6. Are there any resource implications of policy modification or mitigation?