Planning (Scotland) Act 2019 Explanatory Notes

  • Explanatory Notes Table of contents

  1. Introduction

  2. Overview of the Act

    1. PART 1 – DEVELOPMENT PLANNING

      1. Development planning

        1. Section 1:  Purpose of planning

        2. Section 2: National Planning Framework

        3. Section 3:  Open space strategy

        4. Section 4:  Housing needs of older people and disabled people: parliamentary report

        5. Sections 5 & 6:  Strategic development:  regional spatial strategies and removal of requirement to prepare strategic development plans

        6. Section 7: Local development plans

          1. Evidence report for preparation of local development plan

          2. Preparation and publication of proposed local development plan

          3. Examination of proposed local development plan

        7. Section 8:  List of person seeking self-build land for housing

        8. Section 9: Supplementary guidance

        9. Section 10: Key agencies

        10. Section 11: Delivery programmes

        11. Section 12: Amendment of National Planning Framework and local development plans

        12. Section 13: Development plan

      2. Local place plans

        1. Section 14: Local place plans

          1. Preparation of local place plans

          2. Submission of local place plans

          3. Register and map of local place plans

          4. Meaning of ‘community body’

    2. PART 2 – MASTERPLAN CONSENT AREAS

      1. Section 15: Masterplan consent area schemes

        1. Making and alteration of schemes

        2. Scheme grants planning permission, etc.

        3. Content of schemes:  self-build housing

        4. Effect of altering scheme

        5. Further provision about effect of scheme

        6. Interpretation of provisions about schemes

          1. Schedule 5A of the 1997 Act: Masterplan consent areas

            1. Part 1: Content of schemes

              1. General

              2. Further provision about conditions, limitations and exceptions

              3. Land that cannot be included in a scheme

            2. Part 2: Making and altering of schemes by planning authorities

              1. Power to make or alter scheme

              2. Duty to periodically consider making scheme

              3. Duty to seek to make or alter scheme when directed to do so

            3. Part 3: Process for planning authority making or altering scheme

              1. Chapter 1: Process for all cases

                1. Consultation on possible proposals

                2. Publicity for proposals

                3. Consideration of representations

              2. Chapter 2: Further process for some cases

            4. Part 4: Scottish Ministers’ powers to make and alter schemes and stop proposals

              1. Chapter 1: Calling in planning authorities’ proposals

              2. Chapter 2: Making or altering scheme following paragraph 6 direction

            5. Part 5: Further powers of Scottish Ministers

              1. Chapter 1: Excluding kinds of development from schemes

              2. Chapter 2: Powers in relation to procedure, etc.

            6. Part 6: Interpretation

              1. Application of section 54F

              2. Calculation of periods

      2. Section 16: Bar to creation of new simplified planning zones

    3. PART 3 – DEVELOPMENT MANAGEMENT

      1. Meaning of “development”

        1. Section 17: Meaning of “development”:  use of dwellinghouse for short term holiday lets

      2. Applications

        1. Section 18: Pre-application consultation

        2. Section 19:  Assessment of health effects

        3. Section 20: Regulations about procedure for certain applications

        4. Section 21: Removal of requirement to recover costs before determining certain applications

        5. Section 22:  Declining to determine an application

      3. Notice by planning authority of certain applications made to them

        1. Section 23:  Notice by planning authority of certain applications made to them

      4. Assessment of environmental effects

        1. Section 24:  Assessment of environmental effects

      5. Conditional grant of planning permission:  noise-sensitive developments

        1. Section 25: Conditional grant of planning permission:  noise-sensitive developments

      6. Conditional grant of planning permission:  provision of toilet facilities within certain large developments

        1. Section 26:  Conditional grant of planning permission:  provision of toilet facilities within certain large developments

      7. Delegation of development decisions

        1. Section 27: Delegation of development decisions

        2. Section 28:  Schemes of delegation

      8. Call-in of applications by Scottish Ministers:  further provision

        1. Section 29:  Call-in of applications by Scottish Ministers:  further provision

      9. Determination of applications: statement to accompany notification

        1. Section 30:  Determination of applications: statement to accompany notification

      10. Agreements relating to period before which an appeal may be made

        1. Section 31:  Agreements relating to period before which an appeal may be made

      11. Duration of planning permission

        1. Section 32: Duration of planning permission and planning permission in principle

        2. Section 33: Completion notices

      12. Planning obligations

        1. Section 34: Planning obligations: financial agreements

        2. Section 35: Planning obligations: publication

        3. Section 36: Planning obligations: annual report

        4. Section 37: Planning obligations: modification or discharge

      13. Declining to determine an application:  further provision

        1. Section 38: Declining to determine an application:  further provision

      14. Development orders

        1. Section 39:  Withdrawal of planning permission granted by development order

    4. PART 4 – OTHER MATTERS

      1. Promotion and use of mediation etc.

        1. Section 40:  Promotion and use of mediation etc.

      2. Charges and fees

        1. Section 41: Fees for planning applications etc.

      3. Enforcement

        1. Section 42: Fines: increases and duty of court in determining amount

        2. Section 43:  Liability for expenses under enforcement notice

        3. Section 44:  Enforcement charters:  statement on major developments

      4. Training for taking planning decisions

        1. Section 45: Power to impose training requirements:  planning authorities

      5. Performance of planning authorities

        1. Section 46: Annual report by planning authorities on performance

        2. Section 47:  National performance monitoring

      6. Regulations

        1. Section 48:  Regulations

      7. Ministerial directions

        1. Section 49:  Publication of directions

      8. Chief planning officers

        1. Section 50:  Chief planning officers

      9. National Scenic Areas

        1. Section 51:  National Scenic Areas

      10. Notice by planning authority of applications for listed building consent

        1. Section 52:  Notice by planning authority of applications for listed building consent

      11. Forestry and Woodland Strategy

        1. Section 53:  Forestry and woodland strategy

    5. PART 5 – INFRASTRUCTURE LEVY

      1. Section 54: Power to provide for a levy

      2. Schedule 1:  Infrastructure-levy regulations

        1. Who is liable for what

        2. Relief where relevant planning obligations

        3. Local exemptions and discounts

        4. Collection and enforcement

        5. Financial penalty for late payment

        6. Stopping development

        7. Remission and repayment

        8. Appeals

        9. Accounting requirements

        10. Expenditure of levy income

        11. Use of planning and development powers

        12. Maximum penalties

      3. Section 55: Guidance

      4. Section 56: Interpretation of Part and schedule

      5. Section 57: Power to change meaning of “infrastructure”

      6. Section 58:  Lapsing of power to provide for levy

    6. Part 6 – Final Provisions

      1. Section 59: Ancillary provision

      2. Section 60:  Power to replace descriptions with actual dates

      3. Section 61: Regulation-making powers

      4. Section 62: Minor and consequential amendments and repeals

      5. Section 63: Commencement

      6. Section 64: Short title

  3. Parliamentary History

  • Explanatory Notes Table of contents

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