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North Ayrshire CouncilCombined 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 - Details1.1. Service Economic Growth Section Planning1.2. Name of Policy or Practice being assessed:

Local Development Plan 2

Is it new x Existing1.3. 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 assessmentName: Neale McIlvanney

Designation: Strategic Planning Manager

1.5. TimetableDate assessment started: July 2016 (dd/mm/yyyy)

Completion date: February 2018 (dd/mm/yyyy)

Section 2 – Aim and Relevance2.1. 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

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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.

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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?

2.6None. 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?

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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 Information3.1. 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

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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.

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Section 4 – Impacts4.1. 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)


Gender reassignment(Where a person is living as the opposite gender to their birth)


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)


Religion or belief x Positive. See attached assessment framework with recommendation.

Sex (Women and Men)


Sexual Orientation (Lesbian, gay and bisexual people)


Other (Poverty, homelessness, ex


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offenders, isolated rural communities, carers, part-time workers, or people in a marriage/civil partnership)

Section 5 – Assessment5.1. 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 evidenceIf yes, give detailsNA

.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 xIf yes, please give detailsNA

Section 6 – Consultation & Recommendations6.1. 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.

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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

robustx

2) Adjust the policy to remove barriers or better promote equality3) Continue the policy – there are justifications to continue the

policy despite potential for adverse impact4) 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 equalityThe 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 – Monitoring8.1. 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.

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NA


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 assessmentPlease insert name and title of the Head of Service who has approved this assessmentName: Caitriona McAuley

Title Head of Service (Economic Growth)

Date:

Section 9 – Publication9.1 All Equality Impact Assessments must be published on the Council

website. Please forward to Andrew Hale ([email protected])

Useful Guidance

Equality and Human Rights Commission: Assessing impact and the public sector duty: A guide for public authorities (Scotland) (2012)http://www.equalityhumanrights.com

Appendix 2

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http://www.equalityhumanrights.com/about-us/devolved-authorities/commission-scotland/scotland-guidance


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 indicatorAll – 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

No negative impacts were identified.

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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.

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?If so please state

Not applicable.

7. Conclusions and Recommendations from Children’s Rights Assessment (please transfer these to section 7.3 of the main Equality and Children’s Impact Assessment report above)

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.

Wellbeing Indicators (GIRFEC)

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Safe Protected from abuse, neglect and harmHealthy Having the best possible standards of physical and

mental health; support to make healthy, safe choicesAchieving Accomplishing goals and thereby boosting skills,

confidence and self-esteem; ‘being all they can be’.Nurtured Having a loving and stimulating place to live and growActive Having opportunities to take part in a wide range of

activitiesRespected Being enabled to understand their world, being given a

voice, being listened to, and being involved in the decisions that affect their wellbeing.

Responsible Taking an active role within their home, school and community.

Included Being a full member of the communities in which they live and learn; receiving help and guidance to overcome inequalities.

Links between Wellbeing Indicators and Articles of the UNCRC

Wellbeing Indicator

Articles of the UNCRC (Rights of the Child)

Safe 11 - abduction and non-return of children The government must make sure you are protected from being kidnapped or taken out of the country when you shouldn’t be.

19 - protection from violence, abuse and neglect You must be kept safe from harm and protected against violence. You must be given proper care by those looking after you.

22 - refugee children If you are a refugee, you have the right to special help and be allowed to live somewhere that is safe.

32 - child labour The Government must protect you from doing work which would be dangerous or interfere with your education. If you are under 16 there are laws about where, when and for how long you can work

33 - drug abuseYou have the right to be protected from dangerous drugs, you can contact Know the Score info line 0800 587 5879 if you need some help.34 - sexual exploitation No one should ever pressurise or force you into doing anything sexual. You have the right to be protected from it.

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35 - abduction, sale and trafficking You have a right to be protected from being abducted or sold. People should never make you do against your will, like marry someone.

36 - other forms of exploitation The Government must protect you from being taken advantage of any way and you have the right to be protected from any sort of exploitation.

37 - inhumane treatment and detention If you have committed a crime you should be treated with respect. You should not be locked up unless it is absolutely necessary and you will get legal help.

38 - war and armed conflicts If you are under 15, you can’t be forced to go into the army or take part in war. In Scotland, you have to be 16 to join and not normally allowed to fight until your 18.

Healthy 3 – best interests of the child If a decision is being made by any person about you, then your interests must be considered when making the final decision. What is best for YOU is what matters.

6 – life, survival and development The Government must keep you safe from harm, you have the right to be alive, survive and develop through life.

24 - health and health servicesIf you are ill, then you must be given good healthcare so you can get well again. You have the right to live in a safe, healthy environment with good food and clean drinking water.

39 - recovery and rehabilitation of child victims You have the right to special support to help you recover if you have been hurt or badly treated.

Achieving 4 – Governments must do all they can to make sure every child can enjoy their rights in systems that promote and protect these rights

18 - parental responsibilities and state assistance Both parents have the main responsibility to bring you up and should always consider what is best for you.

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28 - right to education You have the right to an education. In Scotland education is free and children three years old are entitles to a free nursery place.

29 - goals of education Learning should help you develop your skills and personality fully, teach you about your own and other people’s rights and prepare you for adult life.

Nurtured 4 – Governments must do all they can to make sure every child can enjoy their rights in systems that promote and protect these rights

5 - parental guidance and a child’s evolving capacities Parents have a responsibility to guide you through your childhood and help you learn how to use your rights.

18 - parental responsibilities and state assistanceBoth parents have the main responsibility to bring you up and should always consider what is best for you.

20 - children deprived of a family If you can’t live with your parents then you have the right to special care. You may be looked after by other members of your family or by a different family.

21 - adoption If you are being adopted, this must only happen under very strict rules which make sure that what is happening is best for you.

25 - review of treatment in care If you are looked after in a care home or somewhere else away from home, you have the right to have your living arrangements looked at regularly to make sure they are still what’s best for you.

27 - adequate standard of livingYou have a right to a safe place to live, food, clothing and to take part in things you enjoy.

Active 3 - best interests of the child If a decision is being made by any person about you, then your interests must be considered when making the final decision.23 - children with disabilitiesIf you have any kind of disability, you have a right to special help to make sure you can join in with things.

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31 - leisure, play and cultureYou have the right to rest, play and to have the chance to join a wide range of activities. It is really important to remember to have a balance in your life.

Respected 2 - non-discrimination The rights in the Convention apply everyone under the age of 18, no matter who you are whether you are a boy or a girl, what your religion is, whether you have a disability, or what type of family you come from.

3 - best interests of the child If a decision is being made by any person about you, then your interests must be considered when making the final decision. What is best for YOU is what matters.

4 - Governments must do all they can to make sure every child can enjoy their rights in systems that promote and protect those rights

5 - parental guidance and a child’s evolving capacitiesParents have a responsibility to guide you through your childhood and help you learn how to use your rights.

8 - protection and preservation of identityYou have a right to know who you are – official records should be kept. If you are over 16 years old and adopted, you can try to find out who your birth parents are.

12 - respect for the views of the child You have the right to speak up and have your opinions listened to and taken seriously by adults on things that affect you.

13 - freedom of expression You have a right to say whatever you believe as long as it does not harm or offend other people. You also have the responsibility to respect the rights and freedom of others.

14 - freedom of thought, belief and religion You have the right to choose your own religion and beliefs. Your parents should help you think about this.

16 - right to privacyYou have the right to your own space and privacy. For example, you shouldn’t have your personal letters opened or anyone listening in to your personal phone calls.

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17 - access to information; mass mediaYou have the right to access information which is important to your wellbeing. Adults should help you find information you are looking for and make sure it’s not harmful. 18 - parental responsibilities and state assistanceBoth parents have the main responsibility to bring you up and should always consider what is best for you. 30 -the right to learn and use the language, customs and religion of their family,

Responsible 3 - best interests of the child If a decision is being made by any person about you, then your interests must be considered when making the final decision. What is best for YOU is what matters.

12 - respect for the views of the child You have the right to speak up and have your opinions listened to and taken seriously by adults on things that affect you.

14 - freedom of thought, conscience and religion You have the right to choose your own religion and beliefs. Your parents should help you think about this.

15 - freedom of association You have the right to join and form groups and make friends – as long as this does not harm other people.

40 - juvenile justice You have the right to be given legal assistance if you have committed a crime. The Convention also states that you should only be sent to prison if you have committed a serious crime.

Included 3 - best interests of the child If a decision is being made by any person about you, then your interests must be considered when making the final decision. What is best for YOU is what matters.

6 - life, survival and development You have the right to be alive, survive and to develop through life.18 - parental responsibilities and state assistance Both parents have the main responsibility to bring you up and should always consider what is best for you.

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23 - children with disabilitiesIf you have any kind of disability, you have a right to special help to make sure you can join in with things.

26 - social security You have the right to help and financial support from the Government if you need it.

27 - adequate standard of living You have a right to a safe place to live, food, clothing and to take part in things you enjoy.

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