Search Legislation

Planning (Scotland) Act 2019

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: SCHEDULE 2

 Help about opening options

Version Superseded: 01/10/2022

Status:

Point in time view as at 18/05/2020. This version of this schedule contains provisions that are not valid for this point in time. Help about Status

Close

Status

Not valid for this point in time generally means that a provision was not in force for the point in time you have selected to view it on.

Changes to legislation:

Planning (Scotland) Act 2019, SCHEDULE 2 is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

SCHEDULE 2SMinor and consequential amendments and repeals

(introduced by section 62)

This schedule has no associated Explanatory Notes

Valid from 11/02/2023

PART 1 SDevelopment planning

Valid from 12/02/2023

Removal of requirement to prepare strategic development plansS

1(1)The Town and Country Planning (Scotland) Act 1997 is amended as follows.S

(2)Section 16(6) (local development plan consistency with strategic development plan) is repealed.

(3)In section 20B (development plan schemes)—

(a)in subsection (1), the words “by each strategic development authority and” are repealed,

(b)in subsection (2), in the opening words, for “The authority in question is” substitute “ An authority are ”,

(c)in subsection (3), the words “their strategic development plan or as the case may be” are repealed,

(d)in subsection (5)(c), for “strategic development plan area or the area of the planning authority, as the case may be” substitute “ area of the authority ”.

(4)In section 21 (action programmes)—

(a)subsection (1) is repealed,

(b)in subsection (3), for “the authority in question” substitute “ an authority ”,

(c)paragraph (a) of subsection (4) and the “or” immediately following it are repealed,

(d)in subsection (5), for “the authority in question” substitute “ an authority ”,

(e)in subsection (6), for “the authority in question” substitute “ an authority ”,

(f)sub-paragraph (i) of subsection (10)(b) and the “and” immediately following it are repealed,

(g)in subsection (10)(b)(ii), the words “in the case of a planning authority,” are repealed.

(5)In section 23 (disregarding of representations with respect to development authorised by or under other enactments), paragraph (a) of subsection (1) and the “and” immediately following it are repealed.

(6)In section 23A(2) (directions in relation to functions under Part)—

(a)the words “or strategic development planning authority” are repealed,

(b)the words “or strategic development planning authorities” are repealed.

(7)In section 23B (default powers of the Scottish Ministers)—

(a)in subsection (1)(a)—

(i)the words “strategic development plan or” where they first occur are repealed,

(ii)the words “proposed strategic development plan or” are repealed,

(b)in subsection (2)(b), the words “strategic development plan or” are repealed,

(c)subsection (3) is repealed,

(d)subsection (4)(b) and the word “or” immediately preceding it are repealed,

(e)subsection (5)(b) and the word “and” immediately preceding it are repealed.

(8)In section 23C (reviews of plans in enterprise zones), paragraph (a) and the word “and” immediately following it are repealed.

(9)In section 237 (validity of development plans etc.), in subsection (1)(a), the words “strategic development plan or” are repealed.

(10)In section 238 (proceedings for questioning validity of development plans etc.)—

(a)in subsection (1), the words “strategic development plan or” are repealed,

(b)subsection (5)(a) is repealed.

(11)In section 255(2)(a) (contributions by local authorities and statutory undertakers), the words “a strategic development plan or” are repealed.

(12)In section 269(1)(a) (rights of entry), the words “strategic development plan or” are repealed.

(13)In section 277(1) (interpretation), the entries in the list for “strategic development plan”, “strategic development plan area” and “strategic development planning authority” are repealed.

(14)In schedule 14 (blighted land)—

(a)paragraph 1 is repealed,

(b)in paragraph 2—

(i)in sub-paragraph (1)(a), for the words “paragraph 1(1)(a)(i) or (ii)” substitute “ sub-paragraph (1A) ”,

(ii)after sub-paragraph (1) insert—

(1A)The functions are—

(a)the functions of a government department, local authority or statutory undertaker,

(b)the provision by an electronic communications operator of an electronic communications code network, or

(c)the provision by a former PTO of a public electronic communications network or a public electronic communications service..

Valid from 19/05/2023

Local development plansS

2(1)The Town and Country Planning (Scotland) Act 1997 is amended as follows.S

(2)In section 18 (preparation and publication of proposed local development plan), subsection (1)(c) is repealed.

(3)In section 19 (examination of proposed local development plans), in subsection (2), the words “or (6)” are repealed.

(4)In section 19A (further provision as regards examination under section 19(4)), in subsection (10)(a), the words “or (6)” are repealed.

(5)In section 20B(2)(b), for “plan” substitute “ scheme ”.

(6)In section 23(1)(b) (disregarding representations with respect to main issues report), sub-paragraph (i) and the “or” immediately following it are repealed.

(7)In section 23B(1)(a) (default powers of the Scottish Ministers), the words “any main issues report requires to be compiled or” are repealed.

Valid from 19/05/2023

Delivery programmesS

3(1)The Town and Country Planning (Scotland) Act 1997 is amended as follows.S

(2)In section 18(4)(a)(ii) (submission of programme to Scottish Ministers), for “action” substitute “ delivery ”.

Development planS

4(1)Schedule 1 of the Town and Country Planning (Scotland) Act 1997 is amended as follows.S

(2)For paragraph 1 substitute—

1In this schedule “old development plan” means—

(a)a local plan,

(b)a strategic development plan,

(c)supplementary guidance..

(3)In paragraph 2, for “that section” substitute “ section 13 of the Planning (Scotland) Act 2019 ”

(4)Paragraphs 3 and 5, and the italic headings immediately preceding them, are repealed.

(5)For paragraph 6 substitute—

6On the publication of the revised National Planning Framework under [F1section 3CA(7)] after the coming into force of section 13 of the Planning (Scotland) Act 2019, all strategic development plans and any supplementary guidance issued in connection with them cease to have effect.

6AOn the constitution of a local development plan for an area under section 20 after the coming into force of section 13 of the Planning (Scotland) Act 2019—

(a)so much of any local plan in force by virtue of paragraph 2 as relates to the area to which the plan so adopted relates ceases to have effect, and

(b)any supplementary guidance issued in connection with a local development plan for that area ceases to have effect..

(6)The italic heading immediately preceding paragraph 6 becomes “ Discontinuance of old development plans ”.

(7)For paragraph 7 substitute—

7The Scottish Ministers may by regulations provide that any of the provisions of an old development plan are to continue in force in relation to an area despite paragraphs 6 and 6A.

(8)In paragraph 8, for the word “a” where first occurring substitute “ an old ”.

(9)In paragraph 9, the words “and the strategic development planning authority for any strategic development plan area,” are repealed.

(10)For paragraph 10, substitute—

10In this schedule—

  • local plan” is to be construed in accordance with section 11 as that section applied immediately before the coming into force of the Planning etc. (Scotland) Act 2006,

  • strategic development plan” is to be construed in accordance with section 7 as it applied immediately before the coming into force of section 6 of the Planning (Scotland) Act 2019,

  • supplementary guidance” means guidance issued under section 22 of this Act as it applied immediately before the coming into force of section 9 of the Planning (Scotland) Act 2019..

Prospective

PART 2 SMasterplan consent areas

Masterplan consent area schemesS

5(1)The Town and Country Planning (Scotland) Act 1997 is amended as follows.S

(2)In section 27(3)—

(a)after “54(4),” insert “ 54B(1)(b), 54D(2), ”,

(b)after “61” insert “ and paragraph 20 of schedule 5A ”.

(3)In section 29(1)—

(a)the word “or” at the end of paragraph (c) is repealed, and

(b)after paragraph (c), insert—

(ca)by a masterplan consent area scheme, or.

(4)In section 36(1)—

(a)the word “and” at the end of paragraph (c) is repealed, and

(b)after paragraph (c), insert—

(ca)masterplan consent area schemes relating to parts of the authority's area, and.

(5)In section 58(4)—

(a)the word “or” at the end of paragraph (f) is repealed, and

(b)after paragraph (f), insert—

(fa)any planning permission granted by a masterplan consent area scheme, or.

(6)In section 61(1)—

(a)the word “or” at the end of paragraph (b) is repealed, and

(b)after paragraph (b), insert—

(ba)development has been begun in accordance with planning permission under a masterplan consent area scheme but has not been completed by the time that the scheme ceases to have effect, or.

(7)In section 183(1)—

(a)the word “and” at the end of paragraph (a) is repealed, and

(b)after paragraph (b) insert—

(c)with respect to masterplan consent areas..

(8)In section 237(1), after paragraph (b) insert—

(ba)a masterplan consent area scheme or any alteration of such a scheme,.

(9)In section 238—

(a)in subsection (3)—

(i)for the words from “a simplified” to “230”, substitute “ any of the following ”,

(ii)at the end insert—

(a)a simplified planning zone scheme or an alteration of such a scheme,

(b)a masterplan consent area scheme or an alteration of such a scheme,

(c)an order under section 202, 203, 206, 207, 208 or 230.,

(b)in subsection (5), after paragraph (b) insert—

(ba)in the case of an application by virtue of subsection (3) in respect of a masterplan consent area scheme or an alteration of such a scheme, the date that notice is first published (in accordance with regulations under paragraph 22 of schedule 5A) that the scheme has been made or (as the case may be) altered,,

(c)after subsection (6) insert—

(7)In their application to masterplan consent area schemes and their alteration, subsections (1) and (2) have effect as if, instead of Part II, they referred to Part III and schedule 5A..

(10)In section 277(1), after the definition of “major developments” insert—

masterplan consent area scheme” is to be construed in accordance with sections 54A to 54E,.

Valid from 01/10/2022

PART 3 SDevelopment management

Duration of planning permissionS

6(1)The Town and Country Planning (Scotland) Act 1997 is amended as follows.S

(2)In section 37 (determination of applications: general considerations), in subsection (1)(a), for “and 59(1)(b)” substitute “ , 58 and 59 ”.

(3)In section 60 (provisions supplementary to sections 58 and 59) in subsection (1), in the opening words, for “58(2) and (3A)(b) and 59(5)” substitute “ 58(1)(b) and (3A)(b) and 59(2A)(b) and (2D)(b) ”.

(4)In section 71 (order requiring discontinuance of use or alteration or removal of buildings or works), in subsection (7), for “58(2) and (3A)(b) and 59(5)” substitute “ 58(1)(b) and (3A)(b) and 59(2A)(b) and (2D)(b) ”.

(5)In section 88 (circumstances in which purchase notices may be served), in subsection (5), for “provisions of” substitute “ conditions referred to in ”.

(6)In section 232 (right of compensation in respect of certain decisions and orders), in subsection (7), for “provisions of” substitute “ conditions referred to in ”.

Prospective

Schemes of delegation and local reviewS

7(1)The Town and Country Planning (Scotland) Act 1997 is amended as follows.S

(2)In section 39 (declining to determine an application), in subsection (2A)—

(a)in the opening words, for “43A(5)” substitute “ 43AA(2) ”,

(b)in paragraph (a), for “43A(8)” substitute “ 43AC ”,

(c)in paragraph (c), for “43A(8)(c)” substitute “ 43AC(1)(e) ”.

(3)In section 43B (matters which may be raised in a review under section 43A(8)), in subsection (1), for “43A(8)” substitute “ 43AC (other than one required by virtue of paragraph (e) of subsection (1)) ”.

(4)The section title of section 43B becomes Matters which may be raised in a review under section 43AC.

(5)In section 46 (call-in of applications), in subsection (2)(ab), for “43A(8)” substitute “ 43AC ”.

(6)In section 237 (validity of development plans and certain orders, decisions and directions), in subsection (3A)—

(a)the words “(other than a deemed decision)” are repealed,

(b)for “43A(8)” substitute “ 43AC ”.

(7)In section 277 (interpretation), in subsection (5)—

(a)in paragraph (ba), for “43A(8)(a) or (b)” substitute “ 43AC(1)(a) to (d) ”,

(b)in paragraph (ca), for “43A(8)(c)” substitute “ 43AC(1)(e) ”,

(c)in paragraph (da)(i), for “43(8)(a) or (b)” substitute “ 43AC(1)(a) to (d) ”,

(d)in paragraph (da)(ii)—

(i)for “43A(8)(c)” substitute “ 43AC(1)(e) ”,

(ii)for “43A(9)” substitute “ 43AC(3) ”.

Prospective

Development ordersS

8(1)The Town and Country Planning (Scotland) Act 1997 is amended as follows.S

(2)In section 78 (apportionment of compensation for depreciation), in subsection (2)(b), the words “or, in a case falling within section 77, the relevant planning decision,” are repealed.

(3)In section 214 (meaning of “statutory undertakers”)—

(a)in subsection (4), and

(b)in subsection (7)(a),

the words “77(3),” are repealed.

(4)In section 215 (meaning of “operational land”), in subsection (3), the words “77(3),” are repealed.

(5)In schedule 18, in Part 1, for “77” substitute “ 77A ”.

PART 4 SRegulations

9(1)The Town and Country Planning (Scotland) Act 1997 is amended as follows.S

(2)In section 275, after subsection (7B) insert—

(7BA)Regulations under sections 3CC(3), 3G(5)(b), 26B(5), 40A, 41B(4), 77A(1), 251B(2) and [ ] and paragraph 3 of schedule 5A are subject to the affirmative procedure (as defined by section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010)..

Commencement Information

I1Sch. 2 para. 9 in force at 8.11.2019 for specified purposes by S.S.I. 2019/314, reg. 2, sch.

I2Sch. 2 para. 9 in force at 1.12.2019 for specified purposes by S.S.I. 2019/385, reg. 2, sch.

I3Sch. 2 para. 9 in force at 18.5.2020 for specified purposes by S.S.I. 2020/67, reg. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources