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Planning (Scotland) Act 2019

Section 13: Development plan

81.Section 13(2) of the Act amends section 24 of the 1997 Act, which sets out what constitutes the development plan for any area. It adds the National Planning Framework, and removes reference to the planning authority’s resolution of adoption of, or the Scottish Ministers’ notice of approval of, a local development plan, and supplementary guidance issued in connection with a local development plan. Note that the references to a strategic development plan and associated documents will cease to have effect once section 6 of the Act is fully implemented. Subsection (3) of the amended section 24 provides that in the event that any provisions of the National Planning Framework and the local development plan are incompatible, whichever provision is the later in date is to prevail. New subsections (2) and (4) of section 24 are intended to aid the interpretation of the provisions, however the references in subsection (4)(a) are incorrect as these subsections are repealed by section 2(9) of the Act. The National Planning Framework is now to be adopted and published under new section 3CA(1) and (7) of the 1997 Act.

82.Section 13(3) of the Act amends section 25 of the 1997 Act in consequence of the changes made to section 24 of the 1997 Act. Paragraph (a) requires that, as now, decisions under the planning Acts are to be made in accordance with the development plan unless material considerations indicate otherwise. This paragraph also, together with paragraph (b), repeals references to national developments and the National Planning Framework which currently exist within sections 25(1), (2) and (3) of the 1997 Act.

83.Sections 13(4) and (5) of the Act introduce new sections 237(1)(za), 238(A1) and 238(5)(za) into the 1997 Act. These provisions set out when legal proceedings may be brought to question the validity of the National Planning Framework and confirm the relevant date from which the period for applications for challenge runs (again there is an incorrect reference to section 3A(8)). A consequential change is also made to section 238(5)(aa) of the 1997 Act to reflect the fact that challenges to the local development plan may now arise from an amendment being made under the new procedure introduced by section 20AA of the 1997 Act (as inserted by section 7(3) of the Act).

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