Planning (Scotland) Act 2019

Development planning S

1 Purpose of planning S

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

(2) After Part 1 insert—

“PART 1ZA S Purpose of planning

3ZA Purpose of planning

(1) The purpose of planning is to manage the development and use of land in the long term public interest.

(2) Without limiting the generality of subsection (1), anything which—

(a) contributes to sustainable development, or

(b) achieves the national outcomes (within the meaning of Part 1 of the Community Empowerment (Scotland) Act 2015),

is to be considered as being in the long term public interest.

(3) This section applies only to the Scottish Ministers' and planning authorities' exercise of functions under Parts 1A and 2.”.

(3) Sections 3D and 3E are repealed.

Commencement Information

I1 S. 1 in force at 8.11.2019 by S.S.I. 2019/314, reg. 2, sch.

2 National Planning Framework S

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

(2) In section 3A(2) (description of framework), for the words “in” to the end substitute “the Scottish Ministers' policies and proposals for the development and use of land.”.

(3) In section 3A(3) (content of framework)—

(a) the word “and” at the end of paragraph (a) is repealed,

(b) after paragraph (b) insert—

“(c) a statement about how the Scottish Ministers consider that development will contribute to each of the outcomes listed in subsection (3A),

(d) targets for the use of land in different areas of Scotland for housing, and

(e) an assessment of the likely impact of each proposed national development's lifecycle greenhouse gas emissions on achieving national greenhouse gas emissions reduction targets (within the meaning given in the Climate Change (Scotland) Act 2009).”.

(4) After section 3A(3) insert—

“(3A) The outcomes are—

(a) meeting the housing needs of people living in Scotland including, in particular, the housing needs for older people and disabled people,

(b) improving the health and wellbeing of people living in Scotland,

(c) increasing the population of rural areas of Scotland,

(d) improving equality and eliminating discrimination,

(e) meeting any targets relating to the reduction of emissions of greenhouse gases, within the meaning of the Climate Change (Scotland) Act 2009, contained in or set by virtue of that Act, and

(f) securing positive effects for biodiversity.”.

(5) In section 3A(4) (content of framework), after paragraph (a) insert—

“(aa) contain such maps, diagrams, illustrations and descriptive matter as may be prescribed of rural areas in relation to which there has been a substantial decline in population,”.

(6) After section 3A(4) insert—

“(4A) The Scottish Ministers must have due regard to any National Scenic Areas report published by them under section 263B when preparing the framework.”.

(7) In section 3A(5) (statements relating to a “national development”), before paragraph (a) insert—

“(za) must have regard to an infrastructure investment plan published by the Scottish Ministers and include a statement setting out the ways the plan has been taken into account in preparing the framework,”.

(8) After section 3A(5) insert—

“(5A) For the avoidance of doubt, this section does not prevent the Scottish Ministers from setting out policies or proposals that relate to the development or use of land outwith the National Planning Framework.

(5B) In this section, “biodiversity” has the same meaning as “biological diversity” in the United Nations Environmental Programme Convention on Biological Diversity of 5 June 1992 as amended from time to time (or in any United Nations Convention replacing that Convention).”.

(9) In section 3A, subsections (6) to (9) are repealed.

(10) Section 3A(10) is repealed.

(11) After section 3A insert—

“3AA Duty to review the National Planning Framework

(1) The Scottish Ministers are to keep the National Planning Framework under review.

(2) Without limit to subsection (1), the Scottish Ministers are to—

(a) review the framework no later than 23 June 2024 (being 10 years from the date on which the framework was last published before this section came into force), and

(b) thereafter, review the framework at least once in every period of 10 years beginning with the most recent date on which—

(i) a revised framework prepared under subsection (3)(a) was adopted and published under section 3CA, or

(ii) an explanation was published under subsection (3)(b) of this section.

(3) Following such a review, the Scottish Ministers are to—

(a) prepare a revised framework, or

(b) publish an explanation of why they have decided not to revise it.

3AB Revising the framework: participation statement and considerations

(1) This section applies where a revised National Planning Framework is to be prepared following a review under section 3AA.

(2) Before preparing the revised framework, the Scottish Ministers must prepare and publish their participation statement.

(3) In preparing the revised framework, the Scottish Ministers must—

(a) have regard to relevant policies and strategies, including, in particular—

(i) any national strategy and action plan for housing prepared by the Scottish Ministers,

(ii) any infrastructure investment plan prepared by the Scottish Ministers to set out their priorities for the development of public infrastructure,

(iii) any national transport strategy prepared by the Scottish Ministers,

(iv) any strategic transport projects review prepared by the Scottish Ministers to set out their priorities for transport investment,

(v) the land use strategy prepared under section 57 of the Climate Change (Scotland) Act 2009,

(vi) the programme for adaptation to climate change prepared under section 53 of the Climate Change (Scotland) Act 2009,

(vii) any national strategy in respect of the improvement of air quality prepared by the Scottish Ministers,

(viii) any land rights and responsibilities statement prepared under section 1 of the Land Reform (Scotland) Act 2016,

(ix) any national strategy or action plan for the ownership or use of land prepared by the Scottish Ministers, and

(x) the national marine plan prepared under section 5 of the Marine (Scotland) Act 2010, and

(b) have regard to the desirability of—

(i) resettling rural areas that have become depopulated,

(ii) preserving disused railway infrastructure for the purpose of ensuring its availability for possible future public transport requirements, and

(iii) preserving peatland.

(4) In this Part, “participation statement” means an account by the Scottish Ministers of—

(a) when consultation as regards the proposed revised framework is likely to take place,

(b) with whom they intend to consult, which must include—

(i) planning authorities,

(ii) key agencies (within the meaning of section 23D),

(iii) the appropriate body under subsection (5), and

(iv) such persons or bodies who the Scottish Ministers consider have a role in the delivery of the outcomes mentioned in section 3A(3A),

(c) the steps to be taken to involve the public at large in the consultation, and

(d) the likely form of the review.

(5) For the purpose of subsection (4)(b)(iii), the “appropriate body” is—

(a) the advisory body designated by an order under section 24(1) of the Climate Change (Scotland) Act 2009, or

(b) if no such order has been made, the Committee on Climate Change established under section 32 of the Climate Change Act 2008.

3AC Information to assist preparation of National Planning Framework

(1) For the purposes of assisting the Scottish Ministers in preparing or revising the National Planning Framework, the Scottish Ministers may direct a planning authority, or two or more planning authorities, to provide information about the matters set out in subsection (2) in relation to an area specified in the direction.

(2) The matters are—

(a) the principal physical, cultural, economic, social, built heritage and environmental characteristics of the area,

(b) the principal purposes for which land in the area is used,

(c) the size, composition and distribution of the population of the area,

(d) the housing needs of the population of the area,

(e) the capacity of education services in the area,

(f) the capacity of health services in the area,

(g) the health needs of the population of the area,

(h) the housing needs of older people and disabled people within the area,

(i) the desirability of allocating land for the purposes of resettlement,

(j) the infrastructure of the area (including communications, transport and drainage systems and systems for the supply of water and energy),

(k) how that infrastructure is used,

(l) any change which the planning authority or authorities think may occur in relation to any of the matters mentioned in paragraphs (a) to (k), and

(m) such other matters as are prescribed.

(3) In subsection (2)(j), references to systems for the supply of energy include in particular land available for the development and use of facilities for renewable sources of energy.

(4) Where a direction under this section requires two or more planning authorities to provide information in relation to the same area and the same matter, they are to co-operate with one another.”.

(12) Sections 3B and 3C are repealed.

(13) After section 3C insert—

“3CA National Planning Framework: procedure

(1) The Scottish Ministers may not adopt a revised National Planning Framework until a draft of it has been approved by resolution of the Parliament.

(2) The Scottish Ministers may not lay a draft of the revised framework before the Scottish Parliament for approval unless—

(a) they have complied with section 3AB and subsections (3) to (5) of this section, and

(b) they have laid before the Scottish Parliament an explanatory document in accordance with subsection (6).

(3) The Scottish Ministers must—

(a) consult in accordance with their participation statement,

(b) lay before the Scottish Parliament a copy of the draft of the revised framework,

(c) have regard to any representations about the draft of the revised framework that are made to them within no more than 120 days of the date on which the copy of the draft of the revised framework is laid before the Parliament under paragraph (b).

(4) In calculating any period of no more than 120 days for the purposes of subsection (3)(c), no account is to be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days.

(5) If, as a result of any consultation required by subsection (3), it appears to the Scottish Ministers that it is appropriate to change the whole or any part of their proposals, they must undertake such further consultation with respect to the changes as they consider appropriate.

(6) The explanatory document referred to in subsection (2)(b) must set out—

(a) the consultation undertaken in accordance with subsections (3) and (5),

(b) a summary of any representations received as a result of the consultation, and

(c) the changes (if any) made to the draft of the revised framework as a result of those representations.

(7) As soon as practicable after the National Planning Framework as revised has been adopted, the Scottish Ministers are to publish it.

Duties to assist in shaping the National Planning Framework S

3CB Key agencies to co-operate

It is the duty of a key agency to co-operate with the Scottish Ministers in—

(a) the review of the National Planning Framework,

(b) the preparation of a revised framework, and

(c) the preparation of any amendment to the framework.”.

Commencement Information

I2 S. 2 in force at 8.11.2019 by S.S.I. 2019/314, reg. 2, sch.

3 Open space strategy S

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

(2) After section 3F insert—

“3G Open space strategy

(1) A planning authority is to prepare and publish an open space strategy.

(2) An open space strategy is to set out a strategic framework of the planning authority's policies and proposals as to the development, maintenance and use of green infrastructure in their district, including open spaces and green networks.

(3) An open space strategy must contain—

(a) an audit of existing open space provision,

(b) an assessment of current and future requirements,

(c) any other matter which the planning authority consider appropriate.

(4) In this section—

• “green infrastructure” means features of the natural and built environments that provide a range of ecosystem and social benefits,

• “green networks” means connected areas of green infrastructure and open space,

• “open space” means space within and on the edge of settlements comprising green infrastructure or civic areas such as squares, market places and other paved or hard landscaped areas with a civic function.

(5) The Scottish Ministers may by regulations—

(a) make provision about how planning authorities are to discharge their functions under this section including, in particular—

(i) how they conduct an audit under subsection (3)(a), and

(ii) how they assess current and future requirements for the purposes of subsection (3)(b),

(b) amend subsection (4) by adding a definition or amending or omitting a definition for the time being specified there.

(6) For the purposes of this section a national park authority is not a planning authority.”.

Commencement Information

I3 S. 3 in force at 8.11.2019 for specified purposes by S.S.I. 2019/314, reg. 2, sch.

Prospective

4 Housing needs of older people and disabled people: parliamentary report S

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

(2) After section 3CC insert—

“3CD Duty of Scottish Ministers to report on housing needs of older people and disabled people

(1) The Scottish Ministers must, as soon as practicable after the end of each 2-year period, lay before the Scottish Parliament a report on how the planning system is operating to help ensure that the housing needs of older people and disabled people are met.

(2) A report under subsection (1) must, in particular, contain information about—

(a) the extent to which the planning system is operating to ensure that new housing that meets the needs of older people and disabled people is constructed,

(b) the extent to which the planning system is operating to ensure that existing housing is adapted to meet the housing needs of older people and disabled people,

(c) the extent to which any other actions taken by the Scottish Ministers in relation to the planning system are ensuring that the housing needs of older people and disabled people are being met, and

(d) such other matters relating to the planning system as appear to the Scottish Ministers to be relevant to meeting the housing needs of older people and disabled people.

(3) In preparing the report, the Scottish Ministers must consult—

(a) older people and disabled people, and their families,

(b) such persons as appear to the Scottish Ministers to be representative of the interests of older people and disabled people, including organisations working for and on behalf of older people and disabled people,

(c) carers,

(d) planning authorities,

(e) a body registered under section 20 (registered social landlords) of the Housing (Scotland) Act 2010,

(f) developers,

(g) such persons as they consider appropriate having functions in relation to—

(i) older people and disabled people, and their families,

(ii) carers,

(iii) housing,

(iv) social work,

(v) health and social care, and

(h) such other persons as the Scottish Ministers consider appropriate.

(4) The Scottish Ministers must, as soon as practicable after the report has been laid before the Scottish Parliament, publish the report in such manner as they consider appropriate.

(5) For the purposes of this section, the “2-year period” means—

(a) the period of 2 years beginning with the day on which section 4 of the Planning (Scotland) Act 2019 comes into force, and

(b) each subsequent period of 2 years.”.

5 Strategic development: regional spatial strategies S

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

(2) Before section 4 insert—

“4ZA Regional spatial strategies

(1) A planning authority, or two or more such authorities acting jointly, are to prepare and adopt a regional spatial strategy.

(2) A regional spatial strategy is a long-term spatial strategy in respect of the strategic development of an area (or areas) which must, in particular—

(a) specify the area (or areas) of the planning authority (or authorities) to which it relates (“the region”), and

(b) identify, in relation to the region—

(i) the need for strategic development,

(ii) the outcomes to which the authority (or authorities) consider that strategic development will contribute,

(iii) priorities for the delivery of strategic development, and

(iv) proposed locations for strategic development, which must be shown in the strategy in the form of a map or diagram.

(3) Before adopting a regional spatial strategy, a planning authority (or authorities) must—

(a) publish, by such means as they consider appropriate—

(i) a draft of the strategy,

(ii) a summary of the information taken into account in preparing the draft of the strategy, and

(iii) a statement inviting representations in relation to the strategy by a date specified in the statement,

(b) as soon as practicable after publishing the documents mentioned in paragraph (a), send a copy of them to—

(i) the planning authority (other than one involved in producing the report) for any area in which future development is likely to be significantly impacted by the strategic development to which the strategy is to relate,

(ii) the key agencies, and

(iii) any other person the planning authority (or authorities) producing the strategy consider appropriate, and

(c) otherwise, consult such persons as they consider are likely to have an interest in the strategy.

(4) As soon as practicable after a strategy under subsection (1) is adopted, the planning authority (or authorities) must—

(a) publish the strategy by such means as they consider appropriate, and

(b) submit it to the Scottish Ministers.

(5) In this section, “strategic development” means development that is likely to have a significant impact on future development within the area of more than one planning authority.

4ZB Duties to have regard to regional spatial strategies

(1) In exercising their functions of preparing, revising or amending the National Planning Framework, the Scottish Ministers must have regard to any adopted regional spatial strategy submitted to them under section 4ZA(4)(b).

(2) In exercising their functions of preparing, revising or amending a local development plan, a planning authority must have regard to their adopted regional spatial strategy (or strategies) submitted to the Scottish Ministers under section 4ZA(4)(b).

4ZC Regional spatial strategies: first strategy, review and revision

(1) A planning authority must adopt a regional spatial strategy under section 4ZA(1) as soon as reasonably practicable after section 5 of the Planning (Scotland) Act 2019 comes into force.

(2) A planning authority—

(a) are to keep their adopted regional spatial strategy (or strategies) under review, and

(b) if they consider it appropriate, may at any time prepare and adopt a replacement strategy.

(3) Without limit to the generality of subsection (2), a planning authority (or authorities) must review their adopted regional spatial strategy (or, if more than one, each adopted strategy) at least once in every period of 10 years beginning with the most recent date on which they—

(a) adopted the strategy, or

(b) published an explanation under subsection (4)(b).

(4) Following such a review, a planning authority are to—

(a) prepare and adopt a replacement regional spatial strategy, or

(b) publish an explanation of why they have decided not to do so.

(5) Section 4ZA(2) to (4) and sections 4ZB and 4ZE apply to a replacement regional spatial strategy as they apply in relation to the strategy being replaced (and references in this Part to a regional spatial strategy include references to such a replacement strategy).

4ZD Directions to prepare or review regional spatial strategies

(1) The Scottish Ministers may direct a planning authority, or two or more such authorities, to—

(a) prepare and adopt a regional spatial strategy under section 4ZA(1) in relation to a region specified in the direction, or

(b) review an adopted regional spatial strategy.

(2) A direction under subsection (1) may require the planning authority (or authorities) to take into account such matters (if any) as are specified in the direction when preparing or reviewing the strategy.

(3) Where a direction under this section requires two or more planning authorities to prepare and adopt a regional spatial strategy, they are to co-operate with one another.

4ZE Guidance for regional spatial strategies

(1) The Scottish Ministers may issue guidance in relation to the preparation, adoption, review and content of regional spatial strategies.

(2) A planning authority must have regard to any guidance issued under subsection (1) when preparing or adopting a regional spatial strategy.

(3) Before issuing guidance under this section, the Scottish Ministers must consult—

(a) each planning authority, and

(b) such other persons as they consider appropriate (if any).

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

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

(a) issue guidance that varies guidance issued under that subsection, and

(b) revoke guidance issued under that subsection.”.

Commencement Information

I4 S. 5 in force at 8.11.2019 for specified purposes by S.S.I. 2019/314, reg. 2, sch.

6 Removal of requirement to prepare strategic development plans S

Sections 4 to 14 of the Town and Country Planning (Scotland) Act 1997 are repealed.

Commencement Information

I5 S. 6 in force at 12.2.2023 by S.S.I. 2023/10, reg. 3(2)(a)

7 Local development plans S

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

(2) In section 15 (form and content of local development plans)—

(a) in subsection (1)(a), after “land” insert “ taking account of the matters mentioned in subsection (5) ”,

(b) after subsection (1) insert—

“(1A) The local development plan must also include targets for meeting the housing needs of people living in the part of the district to which it relates.”.

(c) subsection (2) (vision statement) is repealed,

(d) after subsection (2) insert—

“(2A) A local development plan is to include a statement of the planning authority's policies and proposals as to the provision of public conveniences.

(2B) A local development plan is to include a statement of the planning authority's policies and proposals as to the provision of water refill locations.”,

(e) in subsection (5)—

(i) for “(2)” substitute “ (1)(a) ”,

(ii) in paragraph (a), after “physical,” insert “ cultural, ”,

(iii) in paragraph (a), after “social” insert “ , built heritage ”,

(iv) in paragraph (c), after “composition” insert “ , health ”,

(v) after paragraph (c) insert—

“(ca) the housing needs of the population of the area, including, in particular, the needs of persons undertaking further and higher education, older people and disabled people,

(cb) the availability of land in the district for housing, including for older people and disabled people,

(cc) the desirability of allocating land for the purposes of resettlement,

(cd) the health needs of the population of the district and the likely effects of development and use of land on those health needs,

(ce) the education needs of the population of the district and the likely effects of development and use of land on those education needs,

(cf) the extent to which there are rural areas within the district in relation to which there has been a substantial decline in population,

(cg) the capacity of education services in the district,

(ch) the desirability of maintaining an appropriate number and range of cultural venues and facilities (including in particular, but not limited to, live music venues) in the district,”,

(vi) in paragraph (d), for “and systems for the supply of water and energy” substitute “ , systems for the supply of water and energy, and health care and education facilities ”,

(vii) the “and” immediately following paragraph (e) is repealed,

F1 (viii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) After subsection (5) insert—

“(5A) In subsection (5)(d), references to systems for the supply of energy include in particular land available for the development and use of facilities for renewable sources of energy.”.

(4) In section 16 (preparation and monitoring of local development plans)—

(a) in subsection (1)(a)(ii), for “five” substitute “ 10 ”,

(b) in subsection (2)(a)—

(i) the words “the National Planning Framework” become sub-paragraph (i),

(ii) after sub-paragraph (i) so formed insert “, and

(ii) any local outcomes improvement plan (within the meaning of section 6 of the Community Empowerment (Scotland) Act 2015) for the part of their district to which the local development plan relates,”,

(c) after subsection (2)(a) insert—

“(aa) are to have regard to the desirability of preserving disused railway infrastructure for the purpose of ensuring its availability for possible future public transport requirements,

(ab) are to have regard to the list published under section 16E of persons seeking to acquire land in the authority's area for self-build housing,”,

(d) subsections (9) and (10) are repealed.

(5) After section 16 insert—

“16A Participation of children and young people in local development plan

(1) A planning authority must make such arrangements as they consider appropriate to promote and facilitate participation by children and young people (meaning for the purpose of this section a person aged 25 or under) in the preparation of the local development plan.

(2) Without prejudice to the generality of subsection (1), planning authorities must first consider discharging their duty under subsection (1) by means of contact with schools, youth councils and youth parliament representatives within their district.

(3) A planning authority must—

(a) publish information about its arrangements under subsection (1), and

(b) keep the information published up to date.”.

(6) After section 16A insert—

“16B Evidence report for preparation of local development plan

(1) Before preparing a local development plan, a planning authority are to prepare an evidence report.

(2) In preparing the evidence report the planning authority are to seek the views of, and have regard to any views expressed by—

(a) the key agencies,

(b) children and young people, in particular school pupils, youth councillors and youth parliament representatives,

(c) such other persons as may be prescribed, and

(d) the public at large.

(3) The evidence report is to—

(a) set out the planning authority's view on the matters listed in section 15(5) for land in the part of the authority's district to which the local development plan will relate,

(b) set out—

(i) a summary of the action taken by the planning authority to support and promote the construction and adaptation of housing to meet the housing needs of older people and disabled people in the authority's area,

(ii) an analysis of the extent to which the action has helped to meet those needs,

(c) set out—

(i) a summary of the action taken by the planning authority to meet the accommodation needs of Gypsies and Travellers in the authority's area,

(ii) an analysis of the extent to which the action has helped to meet those needs,

(d) set out—

(i) how the planning authority have invited local communities in their district to prepare local place plans in accordance with schedule 19,

(ii) the assistance provided to local communities to assist them to prepare local place plans,

(e) include such other matters as are prescribed.

(4) The evidence report is also to include a statement on—

(a) the steps taken by the planning authority in preparing the report to seek the views of the public at large, including in particular the views of—

(i) disabled persons,

(ii) Gypsies and Travellers, and

(iii) children and young people,

(b) the steps taken by the planning authority in preparing the report to seek the views of community councils, and

(c) the extent to which the views expressed under paragraphs (a) and (b) have been taken into account in the report.

(5) Before submitting a proposed evidence report under subsection (7), the planning authority must approve the proposed evidence report.

(6) Section 56 of the Local Government (Scotland) Act 1973 (arrangements for discharge of functions by local authorities) does not apply to the function of approving a proposed evidence report.

(7) The planning authority are to submit the evidence report to the Scottish Ministers.

(8) On receiving an evidence report submitted under subsection (7), the Scottish Ministers are to appoint a person to assess whether the report contains sufficient information to enable the planning authority to prepare a local development plan.

(9) If, having completed the assessment, the appointed person is satisfied that the evidence report contains sufficient information to enable the planning authority to prepare a local development plan, the person is to notify the Scottish Ministers and the authority accordingly.

(10) In any other case, the appointed person is to—

(a) prepare a report (an “assessment report”) setting out the reasons for not being so satisfied and recommendations for improving the evidence report received under subsection (7),

(b) send a copy of the assessment report to the planning authority and the Scottish Ministers.

(11) On receipt of an assessment report the planning authority are to revise the evidence report submitted under subsection (7) and resubmit it to the Scottish Ministers.

(12) Subsections (8) to (11) apply to an evidence report submitted under subsection (11) as they do to an evidence report submitted under subsection (7).

(13) The Scottish Ministers may make regulations as to—

(a) meeting general administrative costs, staff costs and overheads incurred in relation to an assessment under subsection (8),

(b) the procedure to be followed in such an assessment (including by making provision that the procedure is to be at the discretion of the appointed person), and

(c) what is to be assessed and matters by reference to which the assessment is to be made.

(14) In this section—

• “accommodation needs” includes, but is not limited to, needs with respect to the provision of sites on which mobile homes may be stationed,

• “children and young people” mean persons aged 25 or under,

• “community council” means a community council established by a local authority under Part 4 of the Local Government (Scotland) Act 1973,

• “disabled person” means a person who is a disabled person for the purposes of the Equality Act 2010,

• “Gypsies and Travellers” has the meaning specified in regulations made by the Scottish Ministers.

(15) Before making regulations under subsection (14) specifying the meaning of “Gypsies and Travellers”, the Scottish Ministers must consult such persons as they consider appropriate.

16C Effective community engagement: guidance

(1) The Scottish Ministers may issue guidance to planning authorities about undertaking effective community engagement in relation to the local development plan.

(2) Guidance under subsection (1) may include in particular guidance on—

(a) how, in preparing a local development plan, planning authorities are to undertake effective community engagement,

(b) ways in which planning authorities should consult communities and encourage them to contribute to the preparation of a local development plan,

(c) any other matters relevant to the functions of planning authorities in relation to community engagement in local development plans.

(3) Before issuing guidance under this section, the Scottish Ministers must consult such persons as they consider appropriate.

(4) The Scottish Ministers must publish in such manner as they consider appropriate any guidance issued under this section.

(5) A planning authority must have regard to any guidance issued to them under this section.

(6) The Scottish Ministers may vary or revoke guidance issued under this section.

16D Play sufficiency assessment

(1) A planning authority must assess the sufficiency of play opportunities in its area for children in preparing an evidence report.

(2) The Scottish Ministers must by regulations make provisions about—

(a) the form and content of the assessment,

(b) such persons who must be consulted in relation to the assessment,

(c) publication of the assessment.”.

(7) Section 17 (main issues report for preparation of local development plan) is repealed.

(8) In section 18 (preparation and publication of proposed local development plan)—

(a) in subsection (1), for “the date specified by virtue of subsection (8) of section 17” substitute “ being notified under section 16B(9) ”,

(b) for paragraph (a) of subsection (1) substitute—

“(a) having regard to the evidence report in relation to which notification under that section was received, to prepare and publish in such manner as is prescribed a proposed local development plan,

(aa) to publish the evidence report at the same time and in the same manner as the proposed local development plan,”,

(c) in subsection (1)(b), after “plan” insert “ and the evidence report ”,

(d) after subsection (1) insert—

“(1A) Without prejudice to the generality of subsection (1)(d), a planning authority for a district all or part of which falls within the boundary identified by the Central Scotland Green Network Partnership are (for so long as such a body is included in the National Planning Framework as a national development) to consult the Network on the proposed local development plan.

(1B) Before publishing a proposed local development plan under subsection (1), the planning authority must approve the plan.

(1C) Section 56 of the Local Government (Scotland) Act 1973 (arrangements for discharge of functions by local authorities) does not apply to the function of approving a proposed local development plan.”,

(e) in subsection (2), for “6” substitute “ 12 ”,

(f) in subsection (4), the words from “Where” to “(8)),” are repealed,

(g) in subsection (4)(a)—

(i) the word “and” immediately preceding sub-paragraph (ii) is repealed,

(ii) at the end of sub-paragraph (ii) insert “and

(iii) if modifications have been made to the proposed plan under subsection (3), a report setting out—

(A) the modifications made, and

(B) the reasons for making them.”,

(h) paragraphs (b) and (c) of subsection (4) are repealed,

(i) subsections (5) to (9) are repealed.

(9) In section 19 (examination of proposed local development plan)—

(a) after subsection (5) insert—

“(5A) When a request is made under subsection (1), or an appointment is made under subsection (3) without a request having been made, the planning authority must publish in the prescribed manner—

(a) the proposed plan, and

(b) if modifications were made to the proposed plan under section 18(3) or 19A(5)(b)(i), a report setting out—

(i) the modifications made, and

(ii) the reasons for making them.”,

(b) in subsection (8), in the opening words, after “subsection (3)” insert, “ , unless section 19ZA applies, ”,

(c) in subsection (8)(a)(i), the words from “(which” to “plan)” are repealed,

(d) after subsection (8), insert—

“(8A) Recommendations under subsection (8)(a)(i) may include—

(a) recommendations that the planning authority make modifications to the proposed local development plan,

(b) in a case where the appointed person considers that a change required is not suitable to be dealt with by such modification, a recommendation that, if adopted, the planning authority should amend the local development plan under section 20AA in relation to such matters as may be specified in the report.

(8B) Where a report prepared under subsection (8)(a) includes a recommendation of the type described in subsection (8A)(b), the appointed person must send a copy of the report to the Scottish Ministers.”,

(e) in subsection (9), for “subsection” substitute “ subsections (5A) and ”,

(f) in subsection (10), paragraphs (b) to (d) are repealed,

(g) subsection (12) is repealed.

(10) After section 19 insert—

“19ZA Examination under section 19(3): further provision

(1) This section applies where—

(a) a person appointed under subsection (3) of section 19 is conducting an examination of a proposed local development plan under that subsection, and

(b) the person is not satisfied that the amount of land allocated for housing in the proposed local development plan is sufficient to meet the targets it includes in relation to the housing needs of people living in the part of the district to which it relates (see section 15(1A)).

(2) The appointed person may, instead of preparing a report under section 19(8), issue a notice to the planning authority requiring it to prepare another proposed local development plan under section 18(1).

(3) A notice under subsection (2) must include—

(a) a statement that the proposed local development plan is unsatisfactory due to its failure to address the identified housing needs,

(b) the appointed person's reasons for coming to that conclusion.

(4) The appointed person must—

(a) send a copy of a notice issued under subsection (2) to the Scottish Ministers,

(b) publish it, and

(c) notify the persons mentioned in paragraph (b) of section 19(6), and any person who made representations by virtue of section 19A that a notice has been given under subsection (2) (and its effect).

(5) A planning authority that receive a notice under subsection (2)—

(a) may not take any further action in respect of the unsatisfactory proposed local development plan, and

(b) must prepare another proposed local development plan in accordance with section 18.

(6) The planning authority may use the evidence report prepared and assessed in respect of the unsatisfactory proposed local development plan for the purpose of subsection (5)(b).

(7) In subsection (4)(b), “publish” includes, without prejudice to that expression's generality, publish by electronic means (as for example by means of the internet).”.

(11) In section 19A (further provision as regards examination under section 19(4))—

(a) subsections (7) and (8) are repealed,

(b) in subsection (9), for “so submitted” substitute “ submitted under subsection (5)(b)(ii) ”.

(12) In section 20 (constitution of local development plan), for subsections (2) to (7) substitute—

“(1A) A proposed local development plan may not be adopted before the end of the period that—

(a) begins on the day it is submitted to the Scottish Ministers under section 18(4)(a) or (as the case may be) 19A(5)(b)(ii), and

(b) ends at the end of the day that falls 28 days later.

(1B) Where—

(a) a request is made under section 19(1) when a proposed local development plan is submitted to the Scottish Ministers, or

(b) no such request is made but, within the 28 day period described in subsection (1A), the Ministers appoint a person under section 19(3),

the proposed local development plan may not be adopted until the planning authority have received a report in relation to the plan submitted under section 19(8)(b).”.

(13) In section 20A (publication of and publicity for local development plan)—

(a) after subsection (1) insert—

“(1A) In addition to taking the steps required by subsection (1), as soon as reasonably practicable after the local development plan is constituted the planning authority must—

(a) in the circumstances described by subsection (1B), publish in the prescribed manner a recommended-modification statement, and

(b) in the circumstance described by subsection (1C), publish in the prescribed manner a report on modifications (but this requirement is qualified by subsection (1D)).

(1B) The circumstances referred to in subsection (1A)(a) are—

(a) a person appointed under section 19(3) recommended a modification to a proposed version of the plan, and

(b) the modification was not made.

(1C) The circumstance referred to in subsection (1A)(b) is that the constituted plan differs from the proposed plan published under section 18(1)(a) as a result of modifications made under section 18(3), 19(10) or 19A(5)(b)(i).

(1D) In a case where a report in relation to a proposed version of the plan has been published as required by section 19(5A)—

(a) if no modifications were subsequently made, a report on modifications need not be published,

(b) if modifications were subsequently made, the report on modifications need only set out those modifications.

(1E) In this section—

(a) “recommended-modification statement” means a statement that—

(i) sets out the modification mentioned in subsection (1B), and

(ii) explains, by reference to the grounds prescribed for the purposes of section 19(10)(a)(i), why the modification was not made,

(b) “report on modifications” means a report that sets out—

(i) the modifications mentioned in subsection (1C), and

(ii) the reasons for making them.”,

(b) in subsection (2), for “subsection (1)(b)” substitute “ this section ”.

(14) In section 20B (development plan schemes), after subsection (4) insert—

“(4A) In preparing the development plan scheme the planning authority are to seek the views of, and have regard to any views expressed by the public at large as to the content of the participation statement.”.

Textual Amendments

F1 S. 7(2)(e)(viii) omitted (18.12.2019) by virtue of The Planning (Scotland) Act 2019 (Ancillary Provision) Regulations 2019 (S.S.I. 2019/424), regs. 1, 2(2)

Commencement Information

I6 S. 7 in force at 8.11.2019 for specified purposes by S.S.I. 2019/314, reg. 2, sch.

I7 S. 7 in force at 19.5.2023 in so far as not already in force by S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

8 List of persons seeking land for self-build housing S

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

(2) After section 16D insert—

“16E Publication of list of persons seeking land for self-build housing

(1) A planning authority are to prepare and maintain a list of persons who have registered interest with the authority with the intention of acquiring land in the authority's area for self-build housing.

(2) A planning authority are to publish the list in such manner as the authority consider appropriate (as for example by means of the internet).

(3) For the purpose of subsection (1), self-build housing is where an individual commissions or (whether acting alone or with other individuals) is personally involved in the design and construction of a dwelling that is intended to be the individual's main residence once it is built.”.

Commencement Information

I8 S. 8 in force at 19.5.2023 by S.S.I. 2023/100, reg. 2(2)(b)

9 Supplementary guidance S

Section 22 of the Town and Country Planning (Scotland) Act 1997 and the italic heading immediately preceding it are repealed.

Commencement Information

I9 S. 9 in force at 12.2.2023 by S.S.I. 2023/10, reg. 3(2)(b) (with reg. 4)

10 Key agencies S

In section 23D of the Town and Country Planning (Scotland) Act 1997 (meaning of “key agency”)—

(a) after “of” where it first occurs insert “ Part 1A or ”,

(b) for “a body” substitute “ a person (other than an individual) or an officeholder ”.

Commencement Information

I10 S. 10 in force at 8.11.2019 by S.S.I. 2019/314, reg. 2, sch.

11 Delivery programmes S

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

(2) In section 21 (action programmes)—

(a) in subsection (2), for “an action” substitute “ a delivery ”,

(b) in subsection (3), for “the action” substitute “ a delivery ”,

(c) in subsection (4), for “action” substitute “ delivery ”,

(d) after subsection (4) insert—

“(4A) It is the duty of the head of the planning authority's paid service (designated under section 4 of the Local Government and Housing Act 1989) to prepare the proposed delivery programme.

(4B) The planning authority must approve the proposed delivery programme before it is published.

(4C) Section 56 of the Local Government (Scotland) Act 1973 (arrangements for discharge of functions by local authorities) does not apply to the function of approving a proposed delivery programme.”,

(e) in subsection (5), for “action” in both places it occurs substitute “ delivery ”,

(f) in subsection (6), for “An action” substitute “ A delivery ”,

(g) in subsection (7), for “an action” substitute “ a delivery ”,

(h) in subsection (8), for “action” substitute “ delivery ”,

(i) in subsection (9), for “action” substitute “ delivery ”,

(j) in subsection (10), for “an action” substitute “ a delivery ”.

(3) The section title of section 21 becomes “ Delivery programmes ”.

(4) The italic heading immediately preceding section 20B becomes “ Development plan schemes and delivery programmes ”.

Commencement Information

I11 S. 11 in force at 8.11.2019 for specified purposes by S.S.I. 2019/314, reg. 2, sch.

I12 S. 11 in force at 19.5.2023 in so far as not already in force by S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)

Prospective

12 Amendment of National Planning Framework and local development plans S

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

(2) After section 3CB insert—

“3CC Amendment of National Planning Framework

(1) The Scottish Ministers may at any time amend the National Planning Framework.

(2) Section 3AC applies to amending the National Planning Framework as it applies to preparing or revising it.

(3) The Scottish Ministers must by regulations set out the circumstances in which they consider that an amendment would result in a significant change to the policies and proposals for the development and use of land of the most recent National Planning Framework such that would require that the National Planning Framework should be reviewed and revised under sections 3AA to 3CA.

(4) The Scottish Ministers may by regulations make further provision about amendments under subsection (1).

(5) Regulations under subsection (4) may in particular make provision—

(a) about the procedures to be followed,

(b) about the consultation to be undertaken on proposed amendments,

(c) about when the amendments take effect,

(d) about the publication of the amended framework,

(e) about the laying of the amended framework before the Scottish Parliament.”.

(3) After section 20A insert—

“20AA Amendment of local development plan

(1) A planning authority may at any time amend a local development plan constituted for their district.

(2) The Scottish Ministers may direct a planning authority to exercise their power under subsection (1) in relation to matters specified in the direction.

(3) A direction under subsection (2) must set out the Scottish Ministers' reasons for requiring an amendment to the local development plan.

(4) In preparing an amendment to a local development plan, a planning authority—

(a) are to take into account—

(i) the National Planning Framework,

(ii) any local outcomes improvement plan (within the meaning of section 6 of the Community Empowerment (Scotland) Act 2015) for the part of their district to which the local development plan relates,

(b) are to have regard to such information and considerations as are prescribed, and

(c) may have regard to such other information and considerations as appear to them to be relevant.

(5) The Scottish Ministers may by regulations make further provision about amendments under subsection (1).

(6) Regulations under subsection (5) may in particular make provision—

(a) about the procedures to be followed,

(b) about the consultation to be undertaken on proposed amendments,

(c) about when the amendments take effect,

(d) about the publication of the amended plan.

(7) Regulations under subsection (5) may provide that sections 16A to 20A apply to an amendment to a local development plan as they apply to a local development plan subject to such modifications as are specified in the regulations.”.

13 Development plan S

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

(2) In section 24 (meaning of “development plan”), for subsections (1) to (4) substitute—

“(1) For the purposes of this Act, any other enactment relating to town and country planning and the Land Compensation (Scotland) Act 1963, the development plan for an area is to be taken as consisting of the provisions of—

(a) the National Planning Framework,

(b) any strategic development plan for the time being applicable to the area, together with—

(i) the Scottish Ministers' notice of approval of that plan, and

(ii) any supplementary guidance issued in connection with that plan, and

(c) any local development plan for the time being applicable to the area.

(2) A reference in subsection (1) to provisions of a framework or plan is to be construed as a reference to so much of the provisions as are applicable to the area.

(3) In the event of any incompatibility between a provision of the National Planning Framework and a provision of a local development plan, whichever of them is the later in date is to prevail.

(4) For the purposes of subsection (3)—

(a) the date of the National Planning Framework is the latest date on which it was published under [F2 section 3CA(7)],

(b) the date of a local development plan is the date on which it was constituted under section 20.”.

(3) In section 25 (status of development plan)—

(a) for paragraphs (a) and (b) of subsection (1), substitute “ , to be made in accordance with that plan. ”,

(b) subsections (2) and (3) are repealed.

(4) In section 237(1) (validity of development plans etc.), before paragraph (a) insert—

“(za) the National Planning Framework and any revised framework or amendment to it, whether before or after the framework, revised framework or amended framework is published,”.

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

(a) before subsection (1) insert—

“(A1) If any person aggrieved by the National Planning Framework desires to question the validity of the framework on the ground—

(a) that it is not within the powers conferred by Part 1A, or

(b) that any requirement of that Part or of any regulations made under that Part has not been complied with,

the person may make an application to the Court of Session under this section.”,

(b) in subsection (5), before paragraph (a) insert—

“(za) in the case of an application in respect of the National Planning Framework—

(i) the date of its publication under [F3 section 3CA(7)], or

(ii) where the grounds of the application arise from an amendment to the National Planning Framework, the date on which the amendment took effect,”,

(c) in subsection (5)(aa)—

(i) the words “the date of its publication under section 20A(1)(b)” become sub-paragraph (i), and

(ii) after sub-paragraph (i) so formed insert “, or

(ii) where the grounds of the application arise from an amendment to the local development plan, the date on which the amendment took effect,”.

Textual Amendments

F2 Words in s. 13(2) substituted (18.12.2019) by The Planning (Scotland) Act 2019 (Ancillary Provision) Regulations 2019 (S.S.I. 2019/424), regs. 1, 2(3)(a)

F3 Words in s. 13(5)(b) substituted (18.12.2019) by The Planning (Scotland) Act 2019 (Ancillary Provision) Regulations 2019 (S.S.I. 2019/424), regs. 1, 2(3)(b)

Commencement Information

I13 S. 13(1) in force at 23.12.2022 for specified purposes by S.S.I. 2022/386, reg. 2

I14 S. 13(1) in force at 12.2.2023 in so far as not already in force by S.S.I. 2023/10, reg. 3(2)(c)

I15 S. 13(2)(3) in force at 12.2.2023 by S.S.I. 2023/10, reg. 3(2)(c)

I16 S. 13(4)(5) in force at 23.12.2022 by S.S.I. 2022/386, reg. 2(1)