Promotion and use of mediation etc.

268APromotion and use of mediation etc.

1

The Scottish Ministers may issue guidance in relation to the promotion and use of mediation in relation to the following—

a

the preparation of local development plans and related evidence reports under Part 2,

b

a prospective applicant's compliance with any requirements in respect of pre-application consultation imposed under or by virtue of section 35B,

c

assisting in the determination of an application for planning permission,

d

any other matter related to planning that they consider appropriate.

2

Guidance under subsection (1) may include provision about—

a

the form of mediation that is to be used in a particular circumstance, and

b

the procedure to be followed in any such mediation.

3

Local authorities must have regard to any guidance issued under subsection (1).

4

Before issuing any guidance under subsection (1), the Scottish Ministers must consult—

a

planning authorities, and

b

such other persons that the Scottish Ministers consider appropriate.

5

The Scottish Ministers must make any guidance issued under subsection (1) publicly available.

6

The power under subsection (1) to issue guidance includes power to—

a

issue guidance that varies guidance issued under that subsection, and

b

revoke guidance issued under that subsection.

7

For the purposes of this section, “mediation” includes any means of exploring, resolving or reducing disagreement between persons involving an impartial person that the Scottish Ministers consider appropriate.

8

The Scottish Ministers must issue guidance under subsection (1) within the period of two years beginning with the date on which the Planning (Scotland) Act 2019 received Royal Assent.