Planning (Scotland) Act 2019 Explanatory Notes

Performance of planning authorities

Section 46: Annual report by planning authorities on performance

242.Section 46 of the Act inserts a new Part 12A into the 1997 Act. The new Part 12A comprises new sections 251A, inserted by section 46 of the Act, and 251B, inserted by section 47, and deals with the performance of planning authority functions.

243.New section 251A(1) requires planning authorities to prepare a report on the performance of their functions (or such of their functions as the Scottish Ministers specify) on an annual basis. The report should be submitted as soon as reasonably practicable after the end of the financial year. New section 251A(2) requires the planning authority to submit a copy of the report to the Scottish Ministers and to publish the report.

244.New section 251A(3) makes provision for the Scottish Ministers to set out in regulations the form and content of the report, how it is to be prepared and how it is to be published. The regulations may include what quantitative and qualitative information is to be included in the report, and what outcomes are to be used to assess planning authorities’ performance.

Section 47:  National performance monitoring

245.New section 251B of the 1997 Act, inserted by section 47 of the Act, makes provision in subsection (1) for the Scottish Ministers to appoint a “national planning improvement co-ordinator” who will monitor the performance by of planning authorities of their functions, as well as providing advice to authorities and other persons on ways in which they may improve their performance. Subsection (2) allows the Scottish Ministers to make further provision by regulations about the appointment and functions of the co-ordinator.

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