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Planning (Scotland) Act 2019

Conditional grant of planning permission:  noise-sensitive developments

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

152.Section 25 inserts a new section 41A into the 1997 Act intended to implement the “agent of change” principle to protect existing activities that create significant noise. Subsection (1) defines a “noise-sensitive development” and a “noise source”. Subsection (2)(a) provides that where an application is made for planning permission for a noise sensitive development the planning authority must take particular account of whether the development includes sufficient measures to deal with the effect of noise between the development and existing dwellings or businesses, with particular emphasis on live music venues and other cultural venues. Subsection (2)(b) states that the authority may not set conditions on the grant of such planning permission that impose additional costs on a noise source, relating to acoustic design measures to manage the effects of noise.

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