Section 14: Local place plans
84.Section 14 of the Act inserts schedule 19 into the 1997 Act. This provides that a community body may prepare a local place plan, and sets out details about their preparation and submission and keeping a register and map of local place plans within a local authority area.
85.Section 14(2) of the Act inserts a new section 15A into the 1997 Act. This requires a planning authority, before preparing a local development plan, to publish an invitation to local communities to prepare local place plans, with information on the assistance available to do so, and on the manner in which and date by which local place plans must be prepared in order to be taken into account in the preparation of the local development plan.
86.Section 14(3) of the Act inserts a new section 15B into the 1997 Act, which requires the Scottish Ministers to carry out a review of local place plans within 7 years after the Act receives Royal Assent (by 25 July 2026). The review must cover: the number of local place plans submitted to and registered by planning authorities, with the names of the bodies that submitted them; a summary of the people who participated in preparing local place plans; the support given to community bodies; and assessments of how local place plans have influenced local development plans and planning decisions, and of their impact and effectiveness and whether further support is needed. The Scottish Ministers may require planning authorities to provide information for the report. The conclusions of the review must be set out in a report which is published and laid before the Scottish Parliament.
87.Section 14(4) of the Act amends section 16 of the 1997 Act to provide that where a planning authority are preparing their local development plan, they must take account of any registered local place plans within their district. Section 14(5) makes provision in case amendments made to section 16 of the 1997 Act by different parts of the Act come into force at different times. Section 14(6) of the Act amends section 20AA of the 1997 Act, inserted by section 11(3) of the Act, to provide that local place plans must be taken into account when a planning authority is amending its local development plan. Section 14(7) of the Act inserts schedule 19 (local place plans) into the 1997 Act.
Preparation of local place plans
88.Paragraph 1(1) of new schedule 19 to the 1997 Act states that a community body may prepare a local place plan. Sub-paragraph (2) states that a local place plan is a proposal as to the development and use of land. Sub-paragraph (3) provides that it may also identify land and buildings that the community body considers to be of particular significance to the local area. Sub-paragraph (2)(a) sets out the matters which the community body must have regard to when preparing the local place plan, namely the local development plan for the land to which the local place plan relates, the National Planning Framework and such other matters as may be prescribed. Sub-paragraph (2)(b) sets out that a community body, when preparing a local place plan, must set out reasons for considering that the local development plan should be amended, and sub-paragraph (2)(c) that they must comply with any prescribed requirements as to the form and content of the plan and any steps which must be taken before preparing the plan.
Submission of local place plans
89.Paragraph 2 sets out the requirements for the submission of a local place plan. The community body must comply with any prescribed requirements as to the steps to be taken before submitting a plan and information to be provided alongside the plan, as well as how the views of local councillors are to be taken into account. “Prescribed” is defined in section 277 of the 1997 Act and means prescribed in regulations made by the Scottish Ministers. Having complied with any prescribed requirements, a community body may submit a local place plan to the local planning authority.
Register and map of local place plans
90.Paragraph 3 provides that every planning authority must keep a register of local place plans. When a valid local place plan (that is, one in relation to which the requirements of paragraph 1(4) and 2(1) have been complied with) is submitted to them, a planning authority must include it in their register and inform the community body that it has been registered. Under sub-paragraph (3), if the planning authority consider the local place plan is not valid and therefore decide not to register it, they must give their reasons to the community body. Sub-paragraph (5) allows the Scottish Ministers to make regulations about the register, including when a local place plan may or must be removed from it. This will enable arrangements to be made for local place plans to expire after a period of time or to be superseded by a more recent version. Paragraph 4 requires each planning authority to make available a map of the land covered by registered local place plans in their district.
Meaning of ‘community body’
91.Paragraph 4 defines a ‘community body’ which can prepare a local place plan. A community body may be (a) a community controlled body (as defined in section 19 of the Community Empowerment (Scotland) Act 2015); or (b) a community council established in accordance with Part 4 of the Local Government (Scotland) Act 1973.
