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Legislation Crest

Town and Country Planning (Scotland) Act 1997

1997 CHAPTER 8

An Act to consolidate certain enactments relating to town and country planning in Scotland with amendments to give effect to recommendations of the Scottish Law Commission.

[27th February 1997]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Modifications etc. (not altering text)

C1Act excluded (27.5.1997) by 1997 c. 9, ss. 45(4), 83(2)

Act modified (27.5.1997) by 1997 c. 9, ss. 64(2)(a), 83(2) (with s. 45(4))

Act: power to modify Act conferred (27.5.1997) by 1997 c. 9, ss. 67(8)(9), 83(2) (with s. 45(4))

Act amended (27.5.1997) by 1997 c. 9, ss. 81(4), 83(2) (with s. 45(4))

Act amended (27.5.1997) by 1997 c. 11, ss. 5, 6(2), Sch. 3 para. 8

Act applied (27.5.1997) by 1997 c. 11, ss. 1(2), 6(2)

Act applied (5.9.2002) by S.S.I. 2002/410, art. 57(3) (with arts. 59, 61)

C2Act applied (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp 7), s. 74(1) (with ss. 76, 84)

C8Act construed as one with S.I. 1994/2716, regs. 54-67 by virtue of S.I. 1994/2716, reg. 68(b) (as substituted (1.10.2009) by Conservation (Natural Habitats, &c.) (Amendment) (No.2) Regulations 2009 (S.I. 2009/2438), regs. 1(1), 6(2))

C10Act applied in part (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 62(3), 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, sch.

Part IS Administration

1 Planning authorities.S

(1)The planning authority for the purposes of this Act shall be the local authority and the district of the planning authority shall be the area of the local authority.

(2)In any enactment or instrument made under or by virtue of an enactment, a reference to a planning authority shall, unless otherwise provided, or unless the context otherwise requires, be construed as a reference to a local authority.

[F1(3)This section is subject to the provisions of this Act and of any other enactment.]

Textual Amendments

[F21APlanning authorities: chief planning officerS

(1)Each planning authority must have a chief planning officer.

(2)The role of an authority's chief planning officer is to advise the authority about the carrying out of—

(a)the functions conferred on them by virtue of the planning Acts, and

(b)any function conferred on them by any other enactment, insofar as the function relates to development.

(3)The Scottish Ministers must issue guidance to planning authorities concerning the role of an authority's chief planning officer.

(4)A planning authority may not appoint a person as their chief planning officer unless satisfied that the person has appropriate qualifications and experience for the role.

(5)In deciding what constitutes appropriate qualifications and experience for the role of chief planning officer, a planning authority must have regard to any guidance on the matter issued by the Scottish Ministers.]

Textual Amendments

2 Enterprise zones.S

(1)An order under paragraph 5 of Schedule 32 to the M1Local Government, Planning and Land Act 1980 (designation of enterprise zone) may provide that the enterprise zone authority shall be the planning authority for the zone for such purposes of the planning Acts and in relation to such kinds of development as may be specified in the order.

(2)Without prejudice to the generality of paragraph 15(1) of that Schedule (modification of orders by the Secretary of State), an order under that paragraph may provide that the enterprise zone authority shall be the planning authority for the zone for different purposes of the planning Acts or in relation to different kinds of development.

(3)Where such provision as is mentioned in subsection (1) or (2) is made by an order designating an enterprise zone or, as the case may be, an order modifying such an order, while the zone subsists the enterprise zone authority shall be, to the extent mentioned in the order (as it has effect subject to any such modifications) and to the extent that it is not already, the planning authority for the zone in place of any authority who would otherwise be the planning authority for the zone.

(4)The Secretary of State may by regulations make transitional and supplementary provision in relation to a provision of an order under paragraph 5 of that Schedule made by virtue of subsection (1).

(5)Such regulations may modify any provision of the planning Acts or any instrument made under any of them or may apply any such enactment or instrument (with or without modification) in making such transitional or supplementary provision.

Marginal Citations

3 Urban development areas.S

(1)Where an order is made under subsection (6) of section 149 of the M2Local Government, Planning and Land Act 1980 (urban development corporation as planning authority), the urban development corporation specified in the order shall be the planning authority for such area as may be so specified in place of any authority who would otherwise be the planning authority for that area in relation to such kinds of development as may be so specified.

(2)Where an order under subsection (8)(a) of that section confers any functions on an urban development corporation in relation to any area the corporation shall have those functions in place of any authority (except the Secretary of State) who would otherwise have them in that area.

Marginal Citations

[F3PART 1ZASPurpose of planning

Textual Amendments

3ZAPurpose of planningS

(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.]

[F4Part 1ASNational Planning Framework

Textual Amendments

3ANational Planning FrameworkS

(1)There is to be a spatial plan for Scotland to be known as the “National Planning Framework”.

(2)The National Planning Framework is to set out [F5the Scottish Ministers' policies and proposals for the development and use of land.]

(3)The National Planning Framework must contain—

(a)a strategy for Scotland's spatial development, F6...

(b)a statement of what the Scottish Ministers consider to be priorities for that development,

[F7(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).]

[F8(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.]

(4)The framework may—

(a)contain an account of such matters as the Scottish Ministers consider affect, or may come to affect, the development and use of land,

[F9(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,]

(b)describe—

(i)a development and designate it, or

(ii)a class of development and designate each development within that class,

a “national development”, and

(c)contain any other matter which the Scottish Ministers consider it appropriate to include.

[F10(4A)The Scottish Ministers must have due regard to any National Scenic Areas report published by them under section 263B when preparing the framework.]

(5)If the framework contains a designation under subsection (4)(b), the framework—

[F11(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,]

(a)must contain a statement by the Scottish Ministers of their reasons for considering that there is a need for the national development in question, and

(b)may contain a statement by the Scottish Ministers as regards other matters pertaining to that designation.

[F12(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).]

F13(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Words in s. 3A(2) substituted (8.11.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 2(2), 63(2); S.S.I. 2019/314, reg. 2, sch.

F6Word in s. 3A(3)(a) repealed (8.11.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 2(3)(a), 63(2); S.S.I. 2019/314, reg. 2, sch.

Modifications etc. (not altering text)

[F153AADuty to review the National Planning FrameworkS

(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.]

Textual Amendments

[F153ABRevising the framework: participation statement and considerationsS

(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.]

Textual Amendments

[F153ACInformation to assist preparation of National Planning FrameworkS

(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.]

Textual Amendments

F163BProposals for National Planning Framework: Parliamentary considerationS

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Textual Amendments

F173CNational Planning Framework to be laid before ParliamentS

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Textual Amendments

[F183CANational Planning Framework: procedureS

(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.]

Textual Amendments

F18Ss. 3CA, 3CB and cross-heading inserted (8.11.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 2(13), 63(2); S.S.I. 2019/314, reg. 2, sch.

[F18Duties to assist in shaping the National Planning FrameworkS

3CBKey agencies to co-operateS

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.]]

[F193CCAmendment of National Planning FrameworkS

(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.]

Textual Amendments

F19S. 3CC inserted (1.4.2024 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 12(2), 63(2); S.S.I. 2024/79, reg. 2(1)(2)(a)(3)

F203DSustainable development: exercise of functions by Scottish MinistersS

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Textual Amendments

[F21 Part 2 S Development Plans

Textual Amendments

F21Pt. 2 substituted (19.5.2008 for specified purposes, 25.6.2008 for specified purposes, 28.2.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 2, 59(2) (with savings and transitional provisions in S.S.I. 2008/165, arts. 1, 2 and S.S.I. 2008/427, arts. 1(1), 2-5); S.S.I. 2008/164, art. 2(1)(2), sch.; S.S.I. 2009/70, art. 2, sch.

Sustainable developmentS

F223ESustainable developmentS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F233FGreenhouse gas emissions policiesS

A planning authority, in any local development plan prepared by them, must include policies requiring all developments in the local development plan area to be designed so as to ensure that all new buildings avoid a specified and rising proportion of the projected greenhouse gas emissions from their use, calculated on the basis of the approved design and plans for the specific development, through the installation and operation of low and zero-carbon generating technologies.]

Textual Amendments

[F243GOpen space strategyS

(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.]

Textual Amendments

F24S. 3G inserted (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 3(2), 63(2); S.S.I. 2019/314, reg. 2, sch.

Strategic development planningS

[F254ZARegional spatial strategiesS

(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.

Textual Amendments

F25Ss. 4ZA-4ZE inserted (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 5(2), 63(2); S.S.I. 2019/314, reg. 2, sch.

4ZBDuties to have regard to regional spatial strategiesS

(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).

Textual Amendments

F25Ss. 4ZA-4ZE inserted (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 5(2), 63(2); S.S.I. 2019/314, reg. 2, sch.

4ZCRegional spatial strategies: first strategy, review and revisionS

(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).

Textual Amendments

F25Ss. 4ZA-4ZE inserted (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 5(2), 63(2); S.S.I. 2019/314, reg. 2, sch.

4ZDDirections to prepare or review regional spatial strategiesS

(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.

Textual Amendments

F25Ss. 4ZA-4ZE inserted (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 5(2), 63(2); S.S.I. 2019/314, reg. 2, sch.

4ZEGuidance for regional spatial strategiesS

(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.]

Textual Amendments

F25Ss. 4ZA-4ZE inserted (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 5(2), 63(2); S.S.I. 2019/314, reg. 2, sch.

F264Strategic development planning authoritiesS

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Textual Amendments

F265Strategic development plan areaS

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Textual Amendments

F266Re-determination of boundary of strategic development plan areaS

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Textual Amendments

F267Form and content of strategic development planS

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Textual Amendments

F268 Preparation of strategic development plan etc. : general S

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Textual Amendments

F269Main issues report for preparation of strategic development planS

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Textual Amendments

F2610Preparation and publication of proposed strategic development planS

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Textual Amendments

F2611Alternative proposalsS

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Textual Amendments

F2612Examination of proposed strategic development planS

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Textual Amendments

F2612AFurther provision as regards examination under section 12(2)S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2613Proposed strategic development plan: approval or rejectionS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2614Publication of and publicity for strategic development planS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Local development plansS

15Form and content of local development plansS

(1)A local development plan is a plan in which is set out, for land in the part of the district to which it relates—

(a)a spatial strategy, being a detailed statement of the planning authority's policies and proposals as to the development and use of the land [F27taking account of the matters mentioned in subsection (5)],

(b)such other matters as may be prescribed, and

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

[F28(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.]

F29(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F30(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.]

(3)Where a local development plan contains policies or proposals for, or views as to, the occurrence of development on land owned by the planning authority, there is to be appended to the plan a schedule, in such form as may be prescribed, which identifies the land, states that it is so owned and refers to the policies, proposals or views in question.

(4)A local development plan is, for the purpose of explaining or illustrating the proposals in the plan, to contain or be accompanied by—

(a)such maps, diagrams, illustrations and descriptive matter as may be prescribed, and

(b)such other diagrams, illustrations and descriptive matter (if any) as the planning authority think appropriate.

(5)The matters referred to in subsection [F31(1)(a)] are—

(a)the principal physical, [F32cultural,] economic, social[F33, built heritage] and environmental characteristics of the district,

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

(c)the size, composition[F34, health] and distribution of the population of the district,

[F35(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,]

(d)the infrastructure of the district (including communications, transport and drainage systems[F36, systems for the supply of water and energy, and health care and education facilities]),

(e)how that infrastructure is used, F37...

(f)any change which the planning authority think may occur in relation to any of the matters mentioned in paragraphs (a) to[F38(eb)].

[F39(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.]

Textual Amendments

F27Words in s. 15(1)(a) inserted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(2)(a), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F28S. 15(1A) inserted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(2)(b), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F29S. 15(2) repealed (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(2)(c), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F30S. 15(2A)(2B) inserted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(2)(d), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F31Word in s. 15(5) substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(2)(e)(i), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F32Word in s. 15(5)(a) inserted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(2)(e)(ii), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F33Words in s. 15(5)(a) inserted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(2)(e)(iii), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F34Word in s. 15(5)(c) inserted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(2)(e)(iv), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F35S. 15(5)(ca)-(ch) inserted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(2)(e)(v), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F36Words in s. 15(5)(d) substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(2)(e)(vi), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F37Word in s. 15(5) repealed (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(2)(e)(vii), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F38Word in s. 15(5)(f) substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(2)(e)(viii), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F39S. 15(5A) inserted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(3), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

Modifications etc. (not altering text)

[F4015APreparation of local development plan: invitation to prepare local place plansS

Before preparing a local development plan, a planning authority are to publish, in such manner as they consider appropriate—

(a)an invitation to local communities in their district to prepare local place plans in accordance with schedule 19,

(b)information on—

(i)the manner in which and date by which such local place plans are to be prepared in order to be taken into account in the preparation of the local development plan,

(ii)the assistance available for local communities to prepare local place plans.]

Textual Amendments

F40S. 15A inserted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 14(2), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(d) (with reg. 4)

[F4115BReview of local place plansS

(1)The Scottish Ministers must, as soon as practicable after the end of the 7 year period—

(a)carry out a review of local place plans,

(b)set out the conclusions of the review in a report,

(c)publish the report, and

(d)lay it before the Scottish Parliament.

(2)The report must, in particular, set out—

(a)the number of local place plans that have been submitted and the name of the community body that submitted the local place plan,

(b)the number of local place plans registered,

(c)a summary of the participation of people who engaged in preparing and submitting local place plans, either through a community body or through consultation,

(d)the support given to community bodies to prepare and submit a local place plan,

(e)an assessment of how the registered local place plans have influenced planning authorities'—

(i)preparation of local development plans for their district,

(ii)determination of applications for planning permission,

(f)an assessment of—

(i)the impact and effectiveness of local place plans across Scotland,

(ii)whether further support to community bodies should be provided to prepare and submit local place plans.

(3)The Scottish Ministers may, by notice, require a planning authority to provide it with such information as is specified or described in the notice and which they require for the purpose of subsection (1).

(4)In subsection (1), “the 7 year period” means the period of 7 years beginning with the day on which the Bill for the Planning (Scotland) Act 2019 receives Royal Assent.]

Textual Amendments

F41S. 15B inserted (8.11.2019 for specified purposes, 22.1.2022 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 14(3), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2021/480, reg. 2(1)

16Preparation and monitoring of local development plans: generalS

(1)A planning authority are—

(a) as soon as practicable after the coming into force of section 2 of the Planning etc. (Scotland) Act 2006 (asp 17) and thereafter—

(i)whenever required to do so by the Scottish Ministers, or

(ii)subject to sub-paragraph (i), at intervals of no more than [F4210] years,

to prepare local development plans for all parts of their district, and

(b)to keep under review the plans so prepared.

(2)In preparing a local development plan the planning authority—

(a)are to take into account—

[F43(i)]the National Planning Framework[F44, 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,]

[F45(iii)any registered local place plan (see schedule 19) that is for the part of their district to which the local development plan relates,]

[F46(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,]

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

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

(3)Different local development plans may be prepared for different purposes for the same part of any district.

(4)Parts of districts for which local development plans are prepared for some purpose need not have the same boundaries as parts for which they are prepared for another purpose.

(5)Two (or more) planning authorities may prepare a joint local development plan extending to parts of each (or all) of their districts.

F47(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Where a planning authority fail to comply with subsection (1)(a), the Scottish Ministers may direct them to prepare a report as to the reasons for such failure and to submit that report to the Scottish Ministers.

(8)In carrying out their duty under paragraph (b) of subsection (1), a planning authority are in particular to monitor—

(a)changes in the characteristics referred to in section 15(5)(a), and

(b)the impact of the policies and proposals contained within the local development plans.

F48(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F48(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42Word in s. 16(1)(a)(ii) substituted (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 7(4)(a), 63(2); S.S.I. 2019/314, reg. 2, sch.

F43Words in s. 16(2)(a) renumbered as s. 16(2)(a)(i) (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 7(4)(b)(i), 63(2); S.S.I. 2019/314, reg. 2, sch.

F44S. 16(2)(a)(ii) and word inserted (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 7(4)(b)(ii), 63(2); S.S.I. 2019/314, reg. 2, sch.

F45S. 16(2)(a)(iii) inserted (8.11.2019 for specified purposes, 20.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 14(4), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 3 (with reg. 4)

F46S. 16(2)(aa)(ab) inserted (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 7(4)(c), 63(2); S.S.I. 2019/314, reg. 2, sch.

F48S. 16(9)(10) repealed (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 7(4)(d), 63(2); S.S.I. 2019/314, reg. 2, sch.

[F4916AParticipation of children and young people in local development planS

(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.]

Textual Amendments

F49S. 16A inserted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(5), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

[F5016BEvidence report for preparation of local development planS

(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.]

Textual Amendments

F50Ss. 16B-16D inserted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(6), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

[F5016CEffective community engagement: guidanceS

(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.]

Textual Amendments

F50Ss. 16B-16D inserted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(6), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

[F5016DPlay sufficiency assessmentS

(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.]

Textual Amendments

F50Ss. 16B-16D inserted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(6), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

[F5116EPublication of list of persons seeking land for self-build housingS

(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.]

Textual Amendments

F5217Main issues report for preparation of local development planS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F52S. 17 repealed (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(7), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

18Preparation and publication of proposed local development planS

(1)After [F53being notified under section 16B(9)], the planning authority are—

[F54(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,]

(b)to send a copy of that proposed plan [F55and the evidence report] to each key agency,

F56(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)to consult, with regard to the proposed plan, the key agencies and such persons as may be prescribed, and

(e)in such circumstances as may be prescribed, to give notice—

(i)in such form,

(ii)of such matter, and

(iii)to such persons,

as may be specified in the regulations in question.

[F57(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.]

(2)Publication under subsection (1)(a) is to include specification of a date (being a date not less than [F5812] weeks after the date of publication) by which any representations with respect to the proposed local development plan must be made to the authority.

(3)After the date specified by virtue of subsection (2), the planning authority may modify the proposed local development plan so as to take account of—

(a)any representations timeously made to them as respects that proposed plan (or of any matters arising out of representations so made),

(b)any matters arising in consultation under subsection (1)(d), and

(c)any minor drafting or technical matters.

(4)F59... The authority—

(a)are to submit the proposed local development plan to the Scottish Ministers together with—

(i)a report as to the extent to which the authority's actings with regard to consultation and the involvement of the public at large have conformed with (or have gone beyond the requirements of) the authority's current participation statement, F60...

(ii)a copy of their proposed [F61delivery] programme for the plan, [F62and

(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.]

F63(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F64(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F64(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F64(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F64(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F64(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)It is the duty of a key agency to co-operate with the planning authority in the preparation of the authority's proposed local development plan.

Textual Amendments

F53Words in s. 18(1) substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(8)(a), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F54S. 18(1)(a)(aa) substituted for s. 18(1)(a) (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(8)(b), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F55Words in s. 18(1)(b) inserted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(8)(c), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F57S. 18(1A)-(1C) inserted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(8)(d), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F58Word in s. 18(2) substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(8)(e), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F59Words in s. 18(4) repealed (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(8)(f), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F60Word in s. 18(4)(a) repealed (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(8)(g)(i), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F62S. 18(4)(a)(iii) and word inserted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(8)(g)(ii), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F63S. 18(4)(b)(c) repealed (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(8)(h), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F64S. 18(5)-(9) repealed (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(8)(i), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

19Examination of proposed local development planS

(1)On submitting a proposed local development plan under paragraph (a) of section 18(4), a planning authority are, if the circumstances are as mentioned in subsection (2), to request the Scottish Ministers to make an appointment under subsection (3).

(2)The circumstances are that representations timeously made were not taken account of (or not fully taken account of) in modifications under subsection (3) F65... of section 18 and have not been withdrawn.

(3)If, when a proposed development plan is submitted to the Scottish Ministers under paragraph (a) of section 18(4)—

(a)a request is made under subsection (1), or

(b)no such request is made but it appears to them that the circumstances are as mentioned in subsection (2),

they are to appoint a person to examine under this subsection the proposed plan.

(4)But where an appointment is made under subsection (3), the appointed person is firstly to examine under this subsection the extent to which the planning authority's actings with regard to consultation and the involvement of the public at large as respects the proposed plan have conformed with (or have been beyond the requirements of) the participation statement of the authority which was current when the proposed plan was published under section 18(1)(a).

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

(a)meeting general administrative costs, staff costs and overheads incurred in relation to an examination under subsection (3) or (4),

(b)procedures to be followed at such an examination, and

(c)what is to be assessed in such an examination and matters by reference to which the assessment is to be made;

but the form the examination is to take (as for example whether it should be in public or as to whether persons who have made representations, and other persons, are to be heard or are to present written submissions) is to be at the discretion of the appointed person.

[F66(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.]

(6)When a person is appointed under subsection (3), the planning authority are—

(a)to advertise the forthcoming examination of the proposed plan in a local newspaper and in the public libraries within the part of the authority's district to which the proposed plan relates, and

(b)to serve notice of that examination on each of the persons who have made the representations mentioned in subsection (2).

(7)No such examination as is mentioned in subsection (3) is to be commenced—

(a)within 4 weeks after the appointment is made, and

(b)where a report is submitted under subsection (1)(b) of section 19A, before a direction is given under subsection (3)(b) of that section.

(8)On completing his examination under subsection (3)[F67, unless section 19ZA applies,] the appointed person is to—

(a)prepare a report—

(i)setting out, and giving reasons for, his conclusions and recommendationsF68..., and

(ii)as to the matters considered by him under subsection (4),

(b)submit it to the planning authority,

(c)publish it, and

(d)serve on the persons mentioned in paragraph (b) of subsection (6), and on any person who made representations by virtue of section 19A, notice of the report's submission and publication (including the means of publication).

[F69(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.]

(9) In [F70subsections (5A) and] (8)(c), “ publish ” includes, without prejudice to that expression's generality, publish by electronic means (as for example by means of the internet).

(10)The planning authority are, on receiving a report submitted under subsection (8)(b)—

(a)to make—

(i)(except in so far as they decline to do so, on such grounds as may be prescribed for the purposes of this sub-paragraph) such modifications, if any, to the proposed local development plan as the appointed person recommends, and

(ii)such other modifications to it, if any, as appear to them to be requisite having regard to the report,

F71(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F71(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F71(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)But the authority may, before complying with subsection (10), secure the carrying out of an environmental assessment (within the meaning of the Environmental Assessment (Scotland) Act 2005 (asp 15)) in relation to the proposed plan as so modified; and if they do so then paragraph (a) of that subsection is to be construed as subject to the qualification that any modification made must, in the opinion of the authority, be acceptable having regard to that assessment.

F72(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F66S. 19(5A) inserted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(9)(a), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F67Words in s. 19(8) inserted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(9)(b), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F68Words in s. 19(8)(a)(i) repealed (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(9)(c), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F69S. 19(8A)(8B) inserted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(9)(d), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F70Words in s. 19(9) substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(9)(e), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F71S. 19(10)(b)-(d) repealed (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(9)(f), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F72S. 19(12) repealed (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(9)(g), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

[F7319ZAExamination under section 19(3): further provisionS

(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).]

Textual Amendments

F73S. 19ZA inserted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(10), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

19AFurther provision as regards examination under section 19(4)S

(1)If, having conducted an examination under subsection (4) of section 19, the appointed person is not satisfied with the actings mentioned in that subsection he is to—

(a)prepare a report setting out his reasons for not being satisfied and recommending that the authority take such further steps with regard to—

(i)consultation, or

(ii)involving the public at large,

as are specified in the report,

(b)submit it to the Scottish Ministers, and

(c)send a copy of it to the planning authority.

(2)The authority may, within 4 weeks after receiving that copy, make representations to the Scottish Ministers as regards the report.

(3)The Scottish Ministers, provided that 4 weeks have elapsed since they received the report, may—

(a)direct the authority to take such further steps with regard to—

(i)consultation, or

(ii)involving the public at large,

as are specified in the direction, or

(b)direct the appointed person to proceed to an examination under subsection (3) of section 19.

(4)In giving a direction under paragraph (a) of subsection (3) the Scottish Ministers are to have regard to the appointed person's recommendations under paragraph (a) of subsection (1) and to any representations made under subsection (2).

(5)Where such a direction is given—

(a)the appointed person is not to proceed to an examination under subsection (3) of section 19, and

(b)after the further steps specified in the direction have been taken the authority—

(i)may modify the proposed local development plan so as to take account of any representations made to them in consequence of their taking those steps (and of any minor drafting or technical matters), and

(ii)are to submit it (whether or not modified) to the Scottish Ministers together with a note of any representations so made and of whether those representations are taken account of in the plan (and if so to what extent) and a report as to the extent to which the authority's actings with regard to consultation and involving the public at large have conformed with (or have gone beyond the requirements of) the specification of further steps.

(6)But if the authority consider that modifications are requisite and are such as would change the underlying aims or strategy of the proposed plan they are not to modify it (or submit it unmodified to the Scottish Ministers) but are to prepare and publish under section 18(1) a new proposed local development plan.

F74(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F74(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)Section 19 and this section apply in relation to a proposed local development plan [F75submitted under subsection (5)(b)(ii)] as they apply in relation to such a plan submitted under section 18(4)(a).

(10)Except that for the purposes of the application provided for in subsection (9), section 19 is to be construed as if—

(a) in subsection (2), for the words “subsection (3) F76... of section 18” there were substituted “ section 19A(5)(b)(i) ”, and

(b) in subsection (4), for the words “the participation statement of the authority which was current when the proposed plan was published under section 18(1)(a)” there were substituted “ the further steps specified in the direction under section 19A(3)(a) ”.

Textual Amendments

F74S. 19A(7)(8) repealed (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(11)(a), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F75Words in s. 19A(9) substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(11)(b), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

20Constitution of local development planS

(1)On being adopted by the planning authority the proposed local development plan is constituted as the local development plan.

[F77(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).]

Textual Amendments

F77S. 20(1A)(1B) substituted for (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(12), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

20APublication of and publicity for local development planS

(1)As soon as is reasonably practicable after the local development plan is constituted as mentioned in section 20(1), the planning authority are to—

(a)send two copies of it to the Scottish Ministers,

(b)publish it,

(c)place a copy of it in each public library in the part of the district to which it relates,

(d)both—

(i)notify each person who made representations under section 18 or by virtue of section 19A, and

(ii)advertise, in a local newspaper,

that the local development plan has been published (including the means of publication) and is available for inspection in those libraries.

[F78(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.]

(2) In[F79this section], “ publish ” includes, without prejudice to that expression's generality, publish by electronic means (as for example by means of the internet).

Textual Amendments

F78S. 20A(1A)-(1E) inserted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(13)(a), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F79Words in s. 20A(2) substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(13)(b), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

[F8020AAAmendment of local development planS

(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.]

Textual Amendments

F80S. 20AA inserted (1.4.2024 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 12(3), 63(2); S.S.I. 2024/79, reg. 2(1)(2)(a)(3)

[F81Development plan schemes and delivery programmes]S

Textual Amendments

F81S. 20B cross-heading substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 11(4), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)

20BDevelopment plan schemesS

(1)A development plan scheme is to be prepared F82... by each planning authority.

(2)[F83An authority are] to prepare the scheme—

(a)whenever required to do so by the Scottish Ministers, and

(b)(subject to paragraph (a)) whenever the authority think it appropriate to do so but in any event within 1 year after last preparing such a [F84scheme].

(3)A development plan scheme is a document setting out the authority's programme for preparing and reviewing F85... their local development plans.

(4)Without prejudice to the generality of subsection (3), “programme” in that subsection includes, having regard to the provisions of this Part—

(a)proposed timetabling,

(b)details of what is likely to be involved at each stage of preparation or review, and

(c)an account (in this Part referred to as an authority's “participation statement”) of when consultation is likely to take place and with whom and of its likely form and of the steps to be taken to involve the public at large in the stages of preparation or review.

[F86(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.]

(5)As soon as is reasonably practicable after a development plan scheme has been adopted, the authority which prepared it are to—

(a)send two copies of it to the Scottish Ministers,

(b)publish it, and

(c)place a copy of it in each public library in the [F87area of the authority].

(6) In subsection (5)(b), “ publish ” includes, without prejudice to that expression's generality, publish by electronic means (as for example by means of the internet).

(7)Regulations may make provision as to—

(a)the form and content of, and

(b)the procedures for preparing and adopting,

a development plan scheme.

Textual Amendments

F86S. 20B(4A) inserted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(14), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

21[F88Delivery programmes]S

F89(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A planning authority who prepare a local development plan are to prepare [F90a delivery] programme for the plan.

(3)In preparing [F91a delivery] programme [F92an authority] are to seek the views of, and have regard to any views expressed by—

(a)the key agencies, and

(b)such persons as may be prescribed.

(4)When an authority publish a proposed—

F93(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)local development plan under section 18(1)(a),

they are to publish a proposed[F94delivery] programme for the plan.

[F95(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.]

(5)It is the duty of a key agency to co-operate with [F96an authority] in the preparation of the authority's [F97 delivery] programme or proposed [F97delivery] programme.

(6)[F98A delivery] programme is a document setting out how [F99an authority] propose to implement the plan to which it relates.

(7)Regulations may make provision as to—

(a)the form and content of, and

(b)the procedures for preparing and adopting,

[F100a delivery] programme.

(8)The authority are to adopt and publish the [F101delivery] programme within 3 months after the date on which the plan to which it relates is constituted.

(9)The authority must keep the [F102delivery] programme under review and must update and re-publish it—

(a)whenever required to do so by the Scottish Ministers, and

(b)(subject to paragraph (a)) whenever they think it appropriate to do so but in any event within 2 years after last publishing (or re-publishing) it.

(10)When they publish, or re-publish, [F103a delivery] programme, the authority are to—

(a)send two copies of it to the Scottish Ministers, and

(b)place a copy of it in each public library—

F104(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)F105... in the part of the authority's district to which the local development plan in question relates,

and such publication, or re-publication, is to include by electronic means (as for example by means of the internet).

Textual Amendments

F88S. 21 heading substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 11(3), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)

F90Words in s. 21(2) substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 11(2)(a), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)

F91Words in s. 21(3) substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 11(2)(b), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)

F94Word in s. 21(4) substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 11(2)(c), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)

F95S. 21(4A)-(4C) inserted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 11(2)(d), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)

F97Word in s. 21(5) substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 11(2)(e), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)

F98Words in s. 21(6) substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 11(2)(f), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)

F100Words in s. 21(7) substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 11(2)(g), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)

F101Word in s. 21(8) substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 11(2)(h), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)

F102Word in s. 21(9) substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 11(2)(i), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)

F103Words in s. 21(10) substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 11(2)(j), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)

F106...S

Textual Amendments

F10622Supplementary guidanceS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provisionsS

23Disregarding of representations with respect to development authorised by or under other enactmentsS

(1)Where subsection (2) applies—

F107(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)neither the Scottish Ministers nor a planning authority need consider representations with respect to—

F108(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)a proposed local development plan.

(2)This subsection applies where it appears to the Scottish Ministers or the authority, as the case may be, that those representations are in substance representations with respect to things done or proposed to be done in pursuance of—

(a)an order or scheme under section 5, 7, 9 or 12 of the Roads (Scotland) Act 1984 (c. 54) (trunk road orders, special road schemes and orders for other public roads), or

(b)an order under section 1 of the New Towns (Scotland) Act 1968 (c. 16) (designation of sites of new towns).

Textual Amendments

23ARegulations under this PartS

(1)Regulations under this Part may extend throughout Scotland or to specified areas only and may make different provision for different cases.

(2)Subject to the previous provisions of this Part and to any such regulations, the Scottish Ministers may give directions to any planning authority F109..., or to planning authorities F110... generally for—

(a)formulating the procedure for the carrying out of functions under this Part, or

(b)requiring them to give the Scottish Ministers such information as the Scottish Ministers may require for carrying out functions under this Part.

Textual Amendments

23BDefault powers of the Scottish MinistersS

(1)This section applies where—

(a)under any of the previous sections of this Part, any F111... local development plan requires to be prepared, F112... any F113... proposed local development plan requires to be submitted to the Scottish Ministers, or steps are required to be taken for the adoption of a proposed local development plan, and

(b)the Scottish Ministers are satisfied that the authority in question—

(i)are not, within a reasonable period, doing what is required, or

(ii)have not met a time limit specified in any of those provisions for doing what is required (or some part of what is required).

(2)Where this section applies, the Scottish Ministers may—

(a)direct the authority in question (the “defaulting authority”) to carry out that authority's functions in relation to the matter and may specify in the direction the factors to be taken into account or objectives to be achieved by that authority in so doing, or

(b)prepare a F114... local development plan.

F115(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The previous sections of this Part apply, so far as applicable and with any necessary modifications, in relation to the doing of anything—

(a)under subsection (2)(b) by the Scottish Ministers, or

F116(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

as they apply in relation to the doing of anything by the defaulting authority.

(5)The defaulting authority—

(a)must on demand repay to the Scottish Ministers so much of any expenses incurred by the Scottish Ministers in connection with the doing of anything which should have been done by the defaulting authority as the Scottish Ministers certify to have been incurred in the performance of the defaulting authority's functions, and

F117(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

23CReviews of plans in enterprise zonesS

As soon as practicable after an order has been made under paragraph 5 of Schedule 32 to the Local Government, Planning and Land Act 1980 (c. 65) (designation of enterprise zone scheme) or a notification has been given under paragraph 11 of that Schedule (modification of such a scheme)—

F118(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a planning authority for a district in which the enterprise zone is wholly or partly situated are, in that light, to review any local development plan which relates to land situated both in the district and in the zone.

Textual Amendments

23DMeaning of “key agency”S

Any reference in a provision of [F119Part 1A or] this Part to a “key agency” is to [F120a person (other than an individual) or an officeholder] which the Scottish Ministers specify as such for the purposes of that provision by regulations.

Textual Amendments

24Meaning of “development plan”S

[F121(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 section 3CA(7),

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

(5)This section has effect subject to Schedule 1 (old development plans).

Textual Amendments

GeneralS

25Status of development planS

(1)Where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination is, unless material considerations indicate otherwise [F122, to be made in accordance with that plan.]

F123(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F123(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Part IIIS Control over Development

Meaning of developmentS

26 Meaning of “development”.S

(1)Subject to the following provisions of this section [F124and to section 26AB], in this Act, except where the context otherwise requires, “development” means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land[F125, or the operation of a marine fish farm in the circumstances specified in section 26AA].

(2)The following operations or uses of land shall not be taken for the purposes of this Act to involve development of the land—

(a)the carrying out of works for the maintenance, improvement or other alteration of any building being works which—

(i)affect only the interior of the building, or

(ii)do not materially affect the external appearance of the building,

and are not works for making good war damage within the meaning of the M3War Damage Act 1943 or works begun after 7th December, 1969 for the alteration of a building by providing additional space in it underground;

(b)the carrying out by a [F126roads authority (as defined by section 151(1) of the Roads (Scotland) Act 1984)] on land within the boundaries of a road of any works required for the maintenance or improvement of the road [F127but , in the case of any such works which are not exclusively for the maintenance of the road, not including any works which may have significant adverse effects on the environment];

(c)the carrying out by a local authority or statutory undertakers of any works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including the breaking open of any road or other land for that purpose;

(d)the use of any buildings or other land within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse as such;

(e)[F128subject to subsection (2A),] the use of any land for the purposes of agriculture or forestry (including afforestation) and the use for any of those purposes of any building occupied together with land so used;

(f)in the case of buildings or other land which are used for a purpose of any class specified in an order made by the Secretary of State under this section, the use of the buildings or other land or, subject to the provisions of the order, of any part of the buildings or the other land, for any other purpose of the same class;

(g)the demolition of any description of building specified in a direction given by the Secretary of State to planning authorities generally or to a particular planning authority.

[F129(2AA)The Scottish Ministers may in a development order specify any circumstances, or description of circumstances, in which subsection (2) does not apply to operations mentioned in paragraph (a) of that subsection which have the effect of increasing the gross floor space of the building by such amount or percentage as is so specified.

(2AB)The development order may make different provision for different purposes.]

[F130(2A) Development includes the carrying out of F131 ... drainage for agriculture or of any other water management project for that purpose [F132, but does not include the carrying out of irrigation work ].]

(3)For the avoidance of doubt it is hereby declared that for the purposes of this section—

(a)the use as two or more separate dwellinghouses of any building previously used as a single dwellinghouse involves a material change in the use of the building and of each part of it which is so used;

(b)the deposit of refuse or waste materials on land involves a material change in its use, notwithstanding that the land is comprised in a site already used for that purpose, if—

(i)the superficial area of the deposit is extended, or

(ii)the height of the deposit is extended and exceeds the level of the land adjoining the site.

(4)For the purposes of this Act building operations include—

(a)demolition of buildings,

(b)rebuilding,

(c)structural alterations of or additions to buildings, and

(d)other operations normally undertaken by a person carrying on business as a builder.

(5)For the purposes of this Act mining operations include—

(a)the removal of material of any description—

(i)from a mineral-working deposit,

(ii)from a deposit of pulverised fuel ash or other furnace ash or clinker, or

(iii)from a deposit of iron, steel or other metallic slags, and

(b)the extraction of minerals from a disused railway embankment.

(6)Where the placing or assembly of any [F133equipment] in any part of any [F134waters which—

(a)are inland waters,

(b)not being inland waters, are landward of the baselines from which the breadth of the territorial sea adjacent to Scotland is measured, or

(c)are seaward of those baselines up to a distance of 12 nautical miles,]

for the purpose of fish farming there would not, apart from this subsection, involve development of the land below, this Act shall have effect as if the [F133equipment] resulted from carrying out engineering operations over that land; and in this [F135section]—

  • F136...

  • [F137“ equipment” includes any tank, cage or other structure, or long-line, for use in fish farming;]

  • “fish farming” means the breeding, rearing or keeping of fish or shellfish (which includes any kind of [F138sea urchin,] crustacean or mollusc);

  • “inland waters” means waters which do not form part of the sea or of any creek, bay or estuary or of any river as far as the tide flows; and

  • F139...

  • F136...

  • [F140 “nautical miles ” means international nautical miles of 1,852 metres]

[F141(6AA)Where the making of any material change in the use of equipment so placed or assembled for that purpose would not, apart from this subsection, involve development of the land below, this Act shall have effect as if the making of any such material change was development of that land.]

[F142(6A)The Scottish Ministers may by order made by statutory instrument make such modifications as they consider necessary or expedient to the definitions of “equipment” and “fish farming” in subsection (6); and an order under this subsection may make different provision for different purposes and different areas.

(6B) In subsection (6A), “ modifications ” includes amendments and repeals. ]

[F143(6C)The Scottish Ministers may by order make such provision as they consider necessary or expedient for the purpose of, or in connection with, the application of this Act to—

(a)any such placing or assembly as is mentioned in subsection (6) in waters described in paragraph (b) or (c) of that subsection; or

(b)any material change in the use of equipment placed or assembled in those waters.

(6D)Any order under subsection (6C) may in particular provide that a planning authority specified in the order is to be the planning authority for the purposes of such an application of this Act despite the placing or assembly being something done, or the material change of use being made, outwith the district of the authority.

(6E)But in the application of subsections (6C) and (6D) to a case where, by virtue of paragraph (a) of section 10(1) of the National Parks (Scotland) Act 2000 (asp 10) the planning authority is a National Park authority, the reference in subsection (6D) to the district of the authority is to be construed as a reference to the National Park.

(6F)And the Scottish Ministers may direct that subsections (6C) and (6D) are to apply to a case where—

(a)by virtue of paragraph (b) of that section 10(1), a National Park authority is to be treated as the planning authority, or

(b)by virtue of paragraph (c) of that section 10(1), a National Park authority is to have certain functions in relation to planning.

(6G)For the purposes of any such application as is provided for in—

(a) paragraph (a) of subsection (6F), the reference in subsection (6D) to the district of the authority is to be construed as mentioned in subsection (6E) and for the words “planning authority specified in the order is to be” in subsection (6D) there is to be substituted “ National Park authority specified in the order is to be treated as ” ,

(b) paragraph (b) of subsection (6F), the reference in subsection (6D) to the district of the authority is to be construed as mentioned in subsection (6E) and for the words “planning authority specified in the order is to be the planning authority” in subsection (6D) there is to be substituted “ National Park authority specified in the order is to have functions in relation to planning ” .

(6H)Before making an order under subsection (6C), the Scottish Ministers—

(a)must consult—

(i)every planning authority, and

(ii)the Scottish Environment Protection Agency, and

(b)may consult such other persons as they think fit.

(6I)An order under subsection (6C) may (without prejudice to the generality of that subsection)—

(a)modify any enactment, instrument or document,

(b)make such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient,

(c)provide for the delegation of functions,

(d)make different provision for different purposes and different areas.

(6J)For the purposes of the exercise by a National Park authority of any planning functions which it has by virtue of subsections (6C) and (6D) in respect of waters described in paragraph (b) or (c) of subsection (6), any reference in section 9 of the National Parks (Scotland) Act 2000 (asp 10) (general purposes and functions of National Park authority) to the National Park itself is to be construed as including a reference to those waters.]

(7)Without prejudice to any regulations under this Act relating to the control of advertisements, the use for the display of advertisements of any external part of a building which is not normally used for that purpose shall be treated for the purposes of this section as involving a material change in the use of that part of the building.

Textual Amendments

F124Words in s. 26(1) inserted (6.4.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 63(2), 168(1) (with s. 162); S.S.I. 2011/58, art. 3(a)

F125Words in s. 26(1) added (6.2.2007 for specified purposes, 1.4.2007 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 3(1)(a), 59(2); S.S.I. 2007/49, art. 2, sch., S.S.I. 2007/139, art. 2, sch.

F127Words in s 26(2)(b) inserted (1.8.1999) by S.S.I. 1999/1, reg. 47

F129S. 26(2AA)(2AB) inserted (6.2.2007 for specified purposes, 12.12.2008 for specified purposes) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 3(1)(b), 59(2) (with s. 3(2)(3)); S.S.I. 2007/49, art. 2, sch., S.S.I. 2008/411, art. 2(2)(3)(a)

F133Word in s. 26(6) substituted (6.2.2007 for specified purposes, 31.3.2007 in so far as not already in force) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), ss. 24(2)(a)(i), 38(1); S.S.I. 2007/50, art. 2

F134Words in s. 26(6) substituted (6.2.2007 for specified purposes, 1.4.2007 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 3(1)(c)(i), 59(2); S.S.I. 2007/49, art. 2, sch., S.S.I. 2007/139, art. 2, sch.

F135Word in s. 26(6) substituted (6.2.2007 for specified purposes, 1.4.2007 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 3(1)(c)(ii), 59(2); S.S.I. 2007/49, art. 2, sch., S.S.I. 2007/139, art. 2, sch.

F136Words in s. 26(6) repealed (6.2.2007 for specified purposes, 1.4.2007 in so far as not already in forc) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 3(1)(c)(iii), 59(2); S.S.I. 2007/49, art. 2, sch., S.S.I. 2007/139, art. 2, sch.

F137Words in s. 26(6) inserted (6.2.2007 for specified purposes, 31.3.2007 in so far as not already in force) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), ss. 24(2)(a)(iii), 38(1); S.S.I. 2007/50, art. 2

F139Words in s. 26(6) repealed (6.2.2007 for specified purposes, 31.3.2007 in so far as not already in force) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), ss. 24(2)(a)(iv), 38(1); S.S.I. 2007/50, art. 2

F140Words in s. 26(6) added (6.2.2007 for specified purposes, 1.4.2007 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 3(1)(c)(iv), 59(2); S.S.I. 2007/49, art. 2, sch., S.S.I. 2007/139, art. 2, sch.

F141S. 26(6AA) inserted (6.2.2007 for specified purposes, 1.4.2007 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 3(1)(d), 59(2); S.S.I. 2007/49, art. 2, sch., S.S.I. 2007/139, art. 2, sch.

F142S. 26(6A)(6B) inserted (6.2.2007 for specified purposes, 31.3.2007 in so far as not already in force) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), ss. 24(2)(b), 38(1); S.S.I. 2007/50, art. 2

F143S. 26(6C)-(6J) inserted (6.2.2007 for specified purposes, 1.4.2007 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 3(1)(e), 59(2); S.S.I. 2007/49, art. 2, sch., S.S.I. 2007/139, art. 2, sch.

Modifications etc. (not altering text)

C16S. 26(1) extended (1.8.1999) by S.S.I. 1999/1, reg. 44

Marginal Citations

[F144 26AA Marine fish farms: circumstances referred to in section 26(1)S

(1)The circumstances to which section 26(1) refers are—

(a)that the marine fish farm is being operated after—

(i)the date which is the appropriate date in respect of that fish farm, or

(ii)if earlier than that date, the date on which planning permission is granted, or an application for planning permission is refused, under section 31A, and

(b)that the operation involves the use of equipment which was placed or assembled in waters at a time when that placing or assembly did not constitute development under this Act.

(2)For the purposes of subsection (1)(a), the appropriate date in respect of a fish farm is whichever is the later of—

(a)a date prescribed by the Scottish Ministers for the purposes of this subsection, and

(b)the date on which any authorisation which—

(i)relates to the operation of that fish farm, and

(ii) is in effect at the date of commencement of section 4 of the Planning etc. (Scotland) Act 2006 (asp 17),

ceases to have effect.

(3)In this section and in section 31A—

  • “ authorisation ” means—

    (a)

    a consent for fish farming issued by the Crown Estate Commissioners [F145or a relevant person] ,

    (b)

    a licence granted under section 11 of the Orkney County Council Act 1974 (c.xxx), or

    (c)

    a licence granted under section 11 of the Zetland County Council Act 1974 (c.viii),

  • “ equipment ” has the same meaning as in section 26(6), F146...

  • “ marine fish farm ” means a fish farm situated in any part of any waters referred to in paragraphs (b) and (c) of section 26(6). ][F147; and

  • “relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests.]

Textual Amendments

Modifications etc. (not altering text)

[F14826ABPower by order to provide marine fish farming is not “development”S

(1)The Scottish Ministers may by order provide that—

(a)section 26(6) does not apply as respects the placing or assembly of equipment for the purpose of fish farming in waters identified in the order (the “relevant waters”),

(b)section 26(6AA) does not apply as respects any material change in the use of equipment so placed or assembled for that purpose, and

(c)the operation of a marine fish farm in the relevant waters in the circumstances specified in section 26AA is not “development” for the purposes of this Act.

(2)An order under subsection (1) may be made only with the agreement of the planning authority (or planning authorities) for the relevant waters; and in this subsection the “planning authority” means the planning authority specified in an order under section 26(6D).]

Textual Amendments

[F14926AHierarchy of developmentsS

(1)For the purposes of the planning Acts, a development belongs to one of the following categories—

(a) the first (designated under section 3A(4)(b)), to be known as “ national developments ”,

(b) the second, to be known as “ major developments ”, and

(c) the third, to be known as “ local developments ”.

(2)The Scottish Ministers are by regulations to describe classes of development other than national developments and assign each class to one or other of the categories mentioned in paragraphs (b) and (c) of subsection (1).

(3)But the Scottish Ministers may, as respects a particular local development, direct that the development is to be dealt with as if (instead of being a local development) it were a major development.

(4)Different provision may be made under subsection (2) for different areas.

(5)Regulations under subsection (2) are not made unless a draft of the instrument containing the regulations has been laid before, and approved by resolution of, the Scottish Parliament.]

Textual Amendments

F149S. 26A inserted (12.12.2008 for specified purposes, 6.4.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 5, 59(2); S.S.I. 2008/411, art. 2(2)(3)(a); S.S.I. 2009/100, art. 2, sch.

[F15026BMaterial change of use: short-term letsS

(1)A planning authority may designate all or part of its area as a short-term let control area for the purposes of this section.

(2)In a short-term let control area, the use of a dwellinghouse for the purpose of providing short-term lets is deemed to involve a material change of use of the dwellinghouse.

(3)For the purposes of this section, the following tenancies do not constitute a short-term let—

(a)a private residential tenancy under section 1 of the Private Housing (Tenancies) (Scotland) Act 2016,

(b)a tenancy of a dwellinghouse (or part of it) where all or part of the dwellinghouse is the only or principal home of the landlord or occupier.

(4)The power under subsection (1) includes the power to vary or cancel a designation.

(5)The Scottish Ministers may by regulations make further provision for the purposes of this section including, in particular, provision about—

(a)the procedure a planning authority must follow in order to make, vary or cancel a designation under subsection (1) (which may include requiring the approval of the Scottish Ministers),

(b)the form of a designation under subsection (1),

(c)what constitutes providing a short-term let for the purposes of this section, and

(d)any circumstances in which, or descriptions of dwellinghouse to which, this section does not apply.

(6)Before making regulations under subsection (5), the Scottish Ministers must consult planning authorities and such other persons as they consider appropriate.]

Textual Amendments

F150S. 26B inserted (18.5.2020 for specified purposes, 1.4.2021 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 17(2), 63(2); S.S.I. 2020/67, reg. 2; S.S.I. 2021/101, reg. 2

27 Time when development begun.S

(1)Subject to the following provisions of this section, for the purposes of this Act development of land shall be taken to be initiated—

(a)if the development consists of the carrying out of operations, at the time when those operations are begun;

(b)if the development consists of a change in use, at the time when the new use is instituted;

(c)if the development consists both of the carrying out of operations and of a change in use, at the earlier of the times mentioned in paragraphs (a) and (b).

(2)For the purposes of the provisions of this Part mentioned in subsection (3) development shall be taken to be begun on the earliest date on which any material operation comprised in the development begins to be carried out.

(3)The provisions referred to in subsection (2) are sections 52(2), 53(6), 54(4), 58, 59 and 61.

(4)In subsection (2) “material operation” means—

(a)any work of construction in the course of the erection of a building,

(b)any work of demolition of a building,

(c)the digging of a trench which is to contain the foundations, or part of the foundations, of a building,

(d)the laying of any underground main or pipe to the foundations, or part of the foundations, of a building or to any such trench as is mentioned in paragraph (c),

[F151(da)any placing or assembly of equipment as is mentioned in subsection (6) of section 26 in waters described in paragraph (b) or (c) of that subsection,]

(e)any operation in the course of laying out or constructing a road or part of a road, or

(f)any change in the use of any land which constitutes material development.

(5)In subsection (4)(f) “material development” means any development other than—

(a)development for which planning permission is granted by a general development order for the time being in force and which is carried out so as to comply with any condition or limitation subject to which planning permission is so granted,

(b)development of a class specified in paragraph 1 or 2 of Schedule 11, and

(c)development of any class prescribed for the purposes of this subsection.

(6)In subsection (5) “general development order” means a development order (within the meaning of section 30(2)) made as a general order applicable (subject to such exceptions as may be specified in it) to all land in Scotland.

Textual Amendments

[F152Initiation and completion of developmentS

Textual Amendments

F152Ss. 27A-27C and cross-headings inserted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 6(1), 59(2) (with S.S.I. 2009/222, art. 2); S.S.I. 2008/411, art. 2(2)(3)(a); S.S.I. 2009/219, art. 2, sch.

27ANotification of initiation of developmentS

(1)A person who intends to carry out development for which planning permission has been given must, as soon as practicable after deciding on a date on which to initiate the development and in any event before commencing the development, give notice to the planning authority as to that date and as to such further matters as the Scottish Ministers may prescribe.

(2)In granting planning permission for the carrying out of any development of land, a planning authority are by notice to direct the attention of the applicant to the requirements of subsection (1), setting out the terms of subsection (1) and of section 123(1) in that notice.

27BNotification of completion of developmentS

(1)A person who completes development for which planning permission has been given must, as soon as practicable after doing so, give notice of completion to the planning authority.

(2)If an application to a planning authority for planning permission discloses, in the opinion of the authority, that the development in question is to be carried out in phases then any such permission granted is to be granted subject to a condition, imposed under section 37(1)(a) in respect of each phase except the last (notice of the completion of which is to be given under subsection (1)), that as soon as practicable after the phase is completed the person carrying out the development is to give notice of that completion to the planning authority.

Display of notice while development is carried outS

27CDisplay of notice while development is carried outS

(1)A person carrying out development of a prescribed class must until the development is completed display a notice containing prescribed information.

(2)The Scottish Ministers may by regulations make provision as to—

(a)the form of the notice required by subsection (1), and

(b)where such a notice is to be displayed.]

Modifications etc. (not altering text)

Requirement for planning permissionS

28 Development requiring planning permission.S

(1)Subject to the following provisions of this section, planning permission is required for the carrying out of any development of land.

[F153(1A)Subsection (1) is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for planning permission etc. for development for which development consent required).]

(2)Where planning permission to develop land has been granted for a limited period, planning permission is not required for the resumption, at the end of that period, of its use for the purpose for which it was normally used before the permission was granted.

(3)Where by a development order planning permission to develop land has been granted subject to limitations, planning permission is not required for the use of that land which (apart from its use in accordance with that permission) is its normal use.

(4)Where an enforcement notice has been served in respect of any development of land, planning permission is not required for the use of that land for the purpose for which (in accordance with the provisions of this Part) it could lawfully have been used if that development had not been carried out.

(5)In determining for the purposes of subsections (2) and (3) what is or was the normal use of land, no account shall be taken of any use begun in contravention of this Part or of previous planning control.

(6)For the purposes of this section a use of land shall be taken to have been begun in contravention of previous planning control if it was begun in contravention of Part II of the 1947 Act or Part III of the 1972 Act.

(7)Subsection (1) has effect subject to Schedule 2 (which contains exemptions for certain uses of land on 1st July 1948).

Textual Amendments

29 Granting of planning permission: general.S

(1)Planning permission may be granted—

(a)by a development order,

(b)by the planning authority (or, where this Part so provides, by the Secretary of State) on application to the authority in accordance with regulations or a development order,

(c)on the adoption or approval of a simplified planning zone scheme or alterations to such a scheme in accordance with section 49 or, as the case may be, section 53, or

(d)on the designation of an enterprise zone or the approval of a modified scheme under Schedule 32 to the M4Local Government Planning and Land Act 1980 in accordance with section 55 of this Act.

(2)Planning permission may also be deemed to be granted under section 57 (development with government authorisation).

(3)This section is without prejudice to any other provisions of this Act providing for the granting of permission.

Marginal Citations

Development ordersS

30 Development orders: general.S

(1)The Secretary of State shall by regulations or by order provide for the granting of planning permission.

(2)An order under this section (in this Act referred to as a “development order”) may itself grant planning permission for development specified in the order, or for development of any class so specified, and may be made either—

(a)as a general order applicable, except so far as it otherwise provides, to all land, but which may make different provision with respect to different descriptions of land [F154and according to whether a development is a national development, a major development or a local development], or

(b)as a special order applicable only to such land or descriptions of land[F155, or to such categories of development,] as may be specified in the order.

(3)In respect of development for which planning permission is not granted by a development order, regulations or an order may provide for the granting of planning permission by the planning authority (or, where this Part so provides, by the Secretary of State) on an application made to the planning authority in accordance with the regulations or the order.

Textual Amendments

31 Permission granted by development order.S

(1)Planning permission granted by a development order may be granted either unconditionally or subject to such conditions or limitations as may be specified in the order.

(2)Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for the erection, extension or alteration of any buildings, the order may require the approval of the planning authority to be obtained with respect to the design or external appearance of the buildings.

(3)Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for development of a specified class, the order may enable the Secretary of State or the planning authority to direct that the permission shall not apply either—

(a)in relation to development in a particular area, or

(b)in relation to any particular development.

(4)Any provision of a development order by which permission is granted for the use of land for any purpose on a limited number of days in a period specified in that provision shall (without prejudice to the generality of references in this Act to limitations) be taken to be a provision granting permission for the use of land for any purpose subject to the limitation that the land shall not be used for any one purpose in pursuance of that provision on more than that number of days in that period.

(5)For the purpose of enabling development to be carried out in accordance with planning permission, or otherwise for the purpose of promoting proper development in accordance with the development plan, a development order may direct that any enactment passed before 13th August 1947, or any regulations, orders or byelaws made at any time under any such enactment—

(a)shall not apply to any development specified in the order, or

(b)shall apply to it subject to such modifications as may be so specified.

Modifications etc. (not altering text)

C20S. 31 extended (1.8.1999) by S.S.I. 1999/1, reg. 46

[F156Planning permission in respect of operation of marine fish farmS

Textual Amendments

F156S. 31A and cross-heading inserted (1.4.2007) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 4(2), 59(2); S.S.I. 2007/130, art. 2(2), sch.

31A Planning permission in respect of operation of marine fish farmS

(1)This section applies to planning permission for the operation of a marine fish farm which involves the use of such equipment as is referred to in section 26AA(1)(b).

(2)Any planning permission is to be granted by the Scottish Ministers.

[F157(2A)Subject to subsection (4), any planning permission may be granted by the Scottish Ministers—

(a)by order, or

(b)on application to them in accordance with regulations under subsection (8).]

(3)Without prejudice to the generality of subsection (2), planning permission may be granted under that subsection as respects a class of development.

(4)Any planning permission granted by virtue of subsection (3) is to be granted by order, the class of development in question being specified in the order.

[F158(4A)Subsection (4B) applies where—

(a)an order granting planning permission (whether by virtue of subsection (2A)(a) or subsection (3)) is revoked, and

(b)the date of the revocation is, in relation to any marine fish farm to which the order applied, earlier than the appropriate date (within the meaning of section 26AA(2)) in respect of that fish farm.

(4B)For the purposes of the operation of section 26AA(1)(a)(ii) in relation to any such marine fish farm after revocation of the order, the fact that planning permission had been granted by the order is to be ignored.]

(5)Planning permission may be granted either unconditionally or subject to conditions or limitations.

(6)The conditions or limitations which may be imposed include conditions or limitations specified in any authorisation which is at the time of imposition in effect in relation to the fish farm.

(7)The principal matters to be taken into account by the Scottish Ministers in coming to a decision as to whether to grant planning permission are the likely impact of the development on—

(a) any European site within the meaning of regulation 10 of the Conservation (Natural Habitats &, c.) Regulations 1994 ( S.I. 1994/ 2716), and

(b)the environment generally.

(8)The Scottish Ministers may by regulations make provision—

F159(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)as to the form of [F160an application for planning permission],

(c)specifying documents and information which require to accompany such an application,

(d)as to consultation in connection with such an application, and

(e)as to any other matters concerning procedure on such an application.]

Textual Amendments

Modifications etc. (not altering text)

Applications for planning permissionS

[F16132Applications for planning permissionS

(1)Regulations or a development order may make provision as to applications for planning permission made to a planning authority or the Scottish Ministers.

(2)Provision referred to in subsection (1) includes provision as to—

(a)the form and manner in which an application must be made,

(b)particulars of such matters as are to be included in the application,

(c)any documents or other materials which are to accompany the application,

(d)evidence to be provided in support of anything in, or relating to, the application.

(3)The regulations or development order must—

(a)require that an application for planning permission of such description as is specified in the regulations or order is to be accompanied by a statement (either or both and if both then either in one document or in two)—

(i)about the design principles and concepts applied to the development,

(ii)about how issues relating to access for the disabled to the development have been dealt with,

(b)include provision as to the form and content of any such statement as is mentioned in paragraph (a), and

(c)require that an application in respect of which compliance with section 35B is required is to be accompanied by a pre-application consultation report prepared in accordance with section 35C.

(4)Different provision may be made under this section—

(a)for different cases or classes of case,

(b)for different areas, and

(c)according to whether a development is a national development, a major development or a local development.]

Textual Amendments

F161S. 32 substituted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 7(1), 59(2); S.S.I. 2008/411, art. 2(2)(3)(a); S.S.I. 2009/219, art. 2, sch.

[F162Variation of applicationS

Textual Amendments

F162Ss. 32A, 32B and cross-heading inserted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 8, 59(2) (with S.S.I. 2009/222, art. 3); S.S.I. 2008/411, art. 2(2)(3)(a); S.S.I. 2009/219, art. 2, sch.

32AVariation of application other than one referred to the Scottish MinistersS

(1)An application for planning permission (other than an application referred to the Scottish Ministers under section 46 instead of being dealt with by the planning authority) may, with the agreement of the planning authority, be varied after it is made.

(2)And if the planning authority consider the variation to be such that there is a substantial change in the description of the development for which planning permission is sought, they are not to agree to the variation.

(3)Without prejudice to the generality of subsection (1), regulations or a development order may make provision as to the period within which, the circumstances in which and the procedures in accordance with which an application may be varied; but in any event an application is not to be varied after there is an appeal as respects it under section 47.

(4)The planning authority may, when an application is varied under this section, give such notice of the variation as they consider appropriate.

(5)In the case of an application for planning permission made to the Scottish Ministers, this section has effect as if any reference to the “planning authority” (other than the first such reference in subsection (1)) were a reference to the Scottish Ministers.

32BVariation of application referred to the Scottish MinistersS

(1)An application for planning permission referred to the Scottish Ministers under section 46 instead of being dealt with by the planning authority may, with the agreement of the Scottish Ministers, be varied after it is made.

(2)And if the Scottish Ministers consider the variation to be such that there is a substantial change in the description of the development for which planning permission is sought, they are not to agree to the variation.

(3)Without prejudice to the generality of subsection (1), regulations or a development order may make provision as to the period within which, the circumstances in which and the procedures in accordance with which an application may be varied.

(4)The Scottish Ministers may, when an application is varied under this section, give such notice of the variation as they consider appropriate.]

33 Planning permission for development already carried out.S

(1)On an application made to a planning authority, the planning permission which may be granted includes planning permission for development carried out before the date of the application.

(2)Subsection (1) applies to development carried out—

(a)without planning permission,

(b)in accordance with planning permission granted for a limited period, or

(c)without complying with some condition subject to which planning permission was granted.

(3)Planning permission for such development may be granted so as to have effect from—

(a)the date on which the development was carried out, or

(b)if it was carried out in accordance with planning permission granted for a limited period, the end of that period.

[F163(4)But subsection (3) does not apply if, before the date of the application, an enforcement notice was issued in respect of the development.]

Textual Amendments

[F16433ANotice requiring application for planning permission for development already carried outS

Where there is a breach of planning control the planning authority may issue a notice—

(a)requiring the owner of the land in, on, over or under which the development has been carried out to make an application to them for planning permission for the development,

(b)describing the development in a way that is sufficient to identify it,

(c)specifying a date by which the application is to be made, and

(d)setting out the terms of section 123(1).]

Textual Amendments

F164S. 33A inserted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 9(1), 59(2); S.S.I. 2008/411, art. 2(2)(3)(a); S.S.I. 2009/219, art. 2, sch.

Publicity for applicationsS

[F16534 Notice by planning authority of certain applications made to themS

(1)A planning authority are to give notice—

(a)to such persons or categories of person,

(b)in such manner,

(c)for such period, and

(d)on such number of occasions,

as may be prescribed in regulations or in a development order, of such applications mentioned in subsection (2) as are made to the authority.

(2)The applications are—

(a)for planning permission,

(b)for an approval required by a development order,

(c)for a consent, agreement or approval required by a condition imposed on a grant of planning permission, and

(d)for [F166modification or discharge of a planning obligation] under section 75A(2).

[F167(2A)Where an application under subsection (2) is for a major development, a planning authority must give notice of the application to each—

(a)councillor of the local authority,

(b)member of the Scottish Parliament,

(c)member of the House of Commons,

representing the district to which the application relates.]

(3)The regulations or development order may—

(a)make provision in relation to the applications generally or in relation to such of those applications as are of a class or classes prescribed in the regulations or order,

(b)make different provision for different classes so prescribed.

(4)No such application is to be determined until after—

(a)the expiry of a period which is to be so prescribed,

(b)any requirement imposed by virtue of this section has been satisfied, and

(c)any sum recoverable from the applicant in respect of costs incurred by the planning authority in giving notice under subsection (1) has been paid to the authority.

(5)For the purposes of this section an applicant is to provide—

(a)to such person or persons,

(b)such information with respect to the application,

as may be so prescribed.

(6)A planning authority are to provide the Scottish Ministers with such information relating to the exercise by the authority of functions under this section (whether in relation to applications generally or in relation to a particular application or class of application) as the Scottish Ministers may request from them.]

Textual Amendments

F165S. 34 substituted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 10(1), 59(2) (with S.S.I. 2009/222, art. 15); S.S.I. 2008/411, art. 2(2)(3)(a); S.S.I. 2009/219, art. 2, sch.

35 Notice etc. of applications to owners and agricultural tenants.S

(1)Regulations or a development order shall make provision—

(a)as to the notice of any application for planning permission to be given to any person (other than the applicant) who at the beginning of the period of 21 days ending with the date of the application was—

(i)the owner of, or

(ii)the tenant of any agricultural [F168land] any part of which was comprised in,

any of the land to which the application relates, and

(b)requiring any applicant for such permission to issue a certificate as to the interests in the land to which the application relates or the purpose for which it is used,

and provide for publicising such applications and for the form, content and service of such notices and certificates.

(2)The regulations or order may require an applicant for planning permission to certify, in such form as may be prescribed by the regulations or the order, or to provide evidence, that any requirements of the regulations or the order have been satisfied.

(3)Regulations or an order making any provision by virtue of this section may make different provision for different cases or different classes of development.

(4)A planning authority shall not entertain any application for planning permission unless any requirements imposed by virtue of this section have been satisfied.

(5)If any person—

(a)issues a certificate which purports to comply with any requirement imposed by virtue of this section and contains a statement which he knows to be false or misleading in a material particular, or

(b)recklessly issues a certificate which purports to comply with any such requirement and contains a statement which is false or misleading in a material particular,

he shall be guilty of an offence.

(6)A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(7)In this section—

  • [F169“agricultural land” means land comprised in a lease constituting a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11) or comprised in a lease constituting a short limited duration tenancy [F170, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy] (within the meaning of that Act);] and

  • “owner” in relation to any land means any person who—

    (a)

    under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking and includes any person entitled to possession of the land as lessee under a lease the unexpired period of which is not less than 7 years, or

    (b)

    in the case of such applications as may be prescribed by regulations or by a development order, is entitled to an interest in any mineral so prescribed,

    and the reference to the interests in the land to which an application for planning permission relates includes any interest in any mineral in, on or under the land.

(8)Proceedings for an offence under this section may be brought at any time within the period of 2 years following the commission of the offence.

Textual Amendments

F170Words in s. 35(7) substituted (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 6(2) (with s. 128); S.S.I. 2017/299, reg. 2, sch. (with reg. 11)

[F17135APre-application consultation: preliminaryS

(1)Before submitting an application for planning permission for a development of a class prescribed under this section the prospective applicant is, subject to the following provisions of this section, to comply with section 35B.

[F172(1A)Subsection (1) does not apply to an application for planning permission]

(a)[F173to which section 42 applies][F174, or

(b)in circumstances specified by the Scottish Ministers in regulations under this section.]

(2)The regulations in question may, in prescribing classes of development, make different provision for different cases or classes of case and for different areas.

(3)A prospective applicant for planning permission for a development may, by notice, require the planning authority to state whether or not, in their opinion, [F175compliance with section 35B is required].

(4)But the regulations may, in prescribing a class of development, provide that subsections (3) and (5) to (9) are not to apply—

(a)as respects that class, or

(b)as respects that class in circumstances specified in the regulations.

(5)Any notice under subsection (3) is to be in such form[F176, and have such content,] as may be prescribed in the regulations but must in any event contain the information mentioned in paragraphs (a) to (d) of section 35B(4).

(6)A planning authority receiving such a notice may, if they do not consider that it contains sufficient information to enable them to provide the statement sought, request the prospective applicant to provide additional information specified by them.

(7)Where such a notice is given it is the duty of the planning authority to provide the requisite statement within the period of 21 days after it is given (or within such other period as may be substituted for that period by the regulations).

(8)The period of 21 days mentioned in subsection (7) (or any other period substituted for that period) does not include any period between a request for information being made under subsection (6) and that information being provided to the planning authority

(9)If the authority respond by stating that in their opinion [F177compliance with section 35B is not required], then provided that the application for planning permission for the development in question is submitted within 12 months after the notice was given and does not differ materially from the information regarding it contained in the notice and mentioned in paragraphs (a) to (c) of section 35B(4) the prospective applicant need not comply with section 35B.

(10) In the case of an application for planning permission made to the Scottish Ministers, this section has effect as if any reference to the “ planning authority ” or “the authority” were a reference to the Scottish Ministers.

Textual Amendments

F171Ss. 35A-35C inserted (12.12.2008 for specified purposes, 6.4.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 11, 59(2) (with S.S.I. 2009/101, arts. 1(1), 2); S.S.I. 2008/411, art. 2(2)(3)(a); S.S.I. 2009/100, art. 2, sch.

F173Words in s. 35A(1A) renumbered as s. 35A(1A)(a) (1.12.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 18(2)(a)(i), 63(2); S.S.I. 2019/385, reg. 2

F175Words in s. 35A(3) substituted (1.12.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 18(2)(b), 63(2); S.S.I. 2019/385, reg. 2

F177Words in s. 35A(9) substituted (1.12.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 18(2)(d), 63(2); S.S.I. 2019/385, reg. 2

35BPre-application consultation: complianceS

(1)The following subsections apply where compliance with this section is required by virtue of section 35A(1).

(2)The prospective applicant is to give notice (to be known as a “proposal of application notice”) to the planning authority that an application for planning permission for the development is to be submitted.

(3)A period of at least 12 weeks [F178, but no more than 18 months,] must elapse between giving the notice and submitting any such application.

(4)A proposal of application notice is to be in such form, and have such content, as may be prescribed but must in any event contain—

(a)a description in general terms of the development to be carried out,

(b)if the site at which the development is to be carried out has a postal address, that address,

(c)a plan showing the outline of the site at which the development is to be carried out and sufficient to identify that site, and

(d)details as to how the prospective applicant may be contacted and corresponded with.

(5)Regulations may—

(a)require that the proposal of application notice be given to persons specified in the regulations,

(b)specify—

(i)persons who are to be consulted as respects a proposed application, and

(ii)what form that consultation is to take.

(6)Different provision may be made under subsection (5) for different cases or classes of case and for different areas.

(7)The planning authority may, provided that they do so within the period of 21 days after receiving the proposal of application notice, notify the prospective applicant that they require (either or both)—

(a)that the proposal of application notice be given to persons additional to those specified under subsection (5) (specifying in the notification who those persons are),

(b)that consultation additional to any required by virtue of subsection (5)(b) be undertaken as regards the proposed development (specifying in the notification what form that consultation is to take).

(8)In considering whether to give notification under subsection (7) the planning authority are to have regard to the nature, extent and location of the proposed development and to the likely effects, at and in the vicinity of that location, of its being carried out.

(9)In the case of an application for planning permission made to the Scottish Ministers, this section has effect as if any reference to the “planning authority” were a reference to the Scottish Ministers.

Textual Amendments

F171Ss. 35A-35C inserted (12.12.2008 for specified purposes, 6.4.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 11, 59(2) (with S.S.I. 2009/101, arts. 1(1), 2); S.S.I. 2008/411, art. 2(2)(3)(a); S.S.I. 2009/100, art. 2, sch.

35CPre-application consultation reportS

(1)A person who, before submitting an application for planning permission for a development, is required to comply with section 35B and who proceeds to submit that application is to prepare a report (a “pre-application consultation report”) as to what has been done to effect such compliance.

(2)A pre-application consultation report is to be in such form [F179and include such content] as may be prescribed.]

Textual Amendments

F171Ss. 35A-35C inserted (12.12.2008 for specified purposes, 6.4.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 11, 59(2) (with S.S.I. 2009/101, arts. 1(1), 2); S.S.I. 2008/411, art. 2(2)(3)(a); S.S.I. 2009/100, art. 2, sch.

36 Registers of applications etc.S

(1)Every planning authority shall keep, in such manner as may be prescribed by regulations or a development order, a register containing such information as may be so prescribed with respect to—

(a)applications for planning permission and for approval required by the regulations or order made to that authority,

[F180(aa)any variation, by virtue of section 32A(1), to such an application,

(ab)documents to which regard was had in dealing with each such application (including documents to which regard was had in considering whether to agree to such a variation),

(ac)material considerations to which regard was had by virtue of section 37(2),

(ad)any pre-application consultation report prepared under section 35C(1) and submitted with such an application,]

(b)the manner in which [F181each such application has been dealt with and a copy of any notice given by virtue of paragraph (d) or (e) of section 43(1) in respect of an application (or, in the case of an application in respect of which notice does not fall to be so given, a statement of the reasons on which the authority based their decision on the application)], F182...

[F183(ba)applications under section 242A(2) for planning permission in respect of development in the district of that authority,]

[F184(bb)the grant or refusal of planning permission by the Scottish Ministers under section 31A in respect of development in the district of that authority,]

(c)simplified planning zone schemes relating to zones in the authority’s area, [F185and

(d)any planning obligation entered into under section 75]

(2)The regulations or the order may make provision for the register to be kept in two or more parts, each part containing such information relating to applications mentioned in subsection (1)(a) as may be prescribed by the regulations or order.

(3)The regulations or the order may also make provision—

(a)for a specified part of the register to contain copies of applications [F186and variations to applications] and of any plans or drawings submitted with [F187such applications and variations and copies of documents to which regard was had in dealing with such applications and in considering whether to agree to such variations], and

(b)for the entry relating to any application, and everything relating to it, to be removed from that part of the register when the application (including any appeal[F188or review] arising out of it) has been finally disposed of (without prejudice to the inclusion of any different entry relating to it in another part of the register).

(4)Every register kept under this section shall be available for inspection by the public at all reasonable hours.

Textual Amendments

F180S. 36(1)(aa)-(ad) inserted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 12(a)(i), 59(2); S.S.I. 2008/411, art. 2(2)(3)(a); S.S.I. 2009/219, art. 2, sch.

F181Words in s. 36(1)(b) substituted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 12(a)(ii), 59(2); S.S.I. 2008/411, art. 2(2)(3)(a); S.S.I. 2009/219, art. 2, sch.

F185S. 36(1)(d) and word inserted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 12(a)(v), 59(2); S.S.I. 2008/411, art. 2(2)(3)(a); S.S.I. 2009/219, art. 2, sch.

F186Words in s. 36(3)(a) inserted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 12(b)(i), 59(2); S.S.I. 2008/411, art. 2(2)(3)(a); S.S.I. 2009/219, art. 2, sch.

F187Words in s. 36(3)(a) substituted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 12(b)(ii), 59(2); S.S.I. 2008/411, art. 2(2)(3)(a); S.S.I. 2009/219, art. 2, sch.

Modifications etc. (not altering text)

[F18936ALists of applicationsS

(1)Every planning authority are, in such manner as may be prescribed by regulations or a development order, to keep a list of—

(a)the applications mentioned in section 36(1)(a) which are made to them (including any variations, by virtue of section 32A(1), to those applications),

(b)the applications mentioned in section 36(1)(ba) which are made in respect of development in their district, and

(c)the proposal of application notices received by them under section 35B(2).

(2)Weekly, or at such intervals as may be so prescribed, the authority are—

(a)to revise the list by removing from it the entries relating to—

(i)such applications as have been determined, and

(ii)such proposal of application notices as have ceased to be current, and

(b)in such manner as may be so prescribed (or, if and in so far as the regulations or development order may admit, in such manner as the authority consider appropriate), to publish that revised list.

(3)The availability of the list is to be advertised by the authority in a local newspaper at such intervals as may be so prescribed.

(4)The regulations or development order may make provision as to how any costs incurred by the authority by virtue of this section are to be recovered from the applicants.

(5)In this section “publish”, without prejudice to that expression's generality, may include publish by electronic means (as for example by means of the internet).

(6)For the purposes of subsection (2)(a)(ii), a notice ceases to be current when—

(a)an application for planning permission is submitted for the development in question,

(b)the prospective applicant gives notice in writing under this paragraph to the planning authority that no application is to be submitted for the development in question, or

(c)12 months have elapsed since the date on which the proposal of application notice was given.]

Textual Amendments

F189S. 36A inserted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 13, 59(2) (with S.S.I. 2009/222, art. 5); S.S.I. 2008/411, art. 2(2)(3)(a); S.S.I. 2009/219, art. 2, sch.

Determination of applicationsS

37 Determination of applications: general considerations.S

(1)Where an application is made to a planning authority for planning permission—

(a)subject to sections [F19027B(2) [F191, 58 and 59]], they may grant planning permission, either unconditionally or subject to such conditions as they think fit, or

(b)they may refuse planning permission.

(2)In dealing with such an application the authority shall have regard to the provisions of the development plan, so far as material to the application, and to any other material considerations.

[F192(2A)The notice of the planning authority's decision on an application must include a statement as to whether the authority consider that the application is for a development that is in accordance with the development plan for the time being applicable to the area to which the application relates together with an explanation of why the authority have reached that view.]

(3)Subsection (1) has effect subject to sections 34 and 35 and to the following provisions of this Act, and to sections 59(1), 60 and 65 of the M5Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

(4)The date of the grant or refusal of—

(a)planning permission,

(b)an approval required by a development order, or

(c)any consent, agreement or approval required by a condition imposed on the grant of planning permission,

shall be the date on which the [F193notice of the] planning authority’s decision bears to have been signed on behalf of the authority.

Textual Amendments

Marginal Citations

38 Consultations in connection with determination of applications.S

(1)In determining any application [F194mentioned in section 34(2)], the planning authority shall take into account any representations relating to that application which are received by them before the expiry of any period prescribed under subsection [F195(4)(a)] of that section.

(2)Where an application for planning permission is accompanied by such a certificate as is mentioned in section 35(1)(b), regulations or a development order may—

(a)provide that a planning authority shall not determine an application for planning permission before the end of such period as may be prescribed;

(b)require a planning authority—

(i)to take into account in determining such an application such representations, made within such period, as may be prescribed, and

(ii)to give to any person whose representations have been taken into account such notice as may be prescribed of their decision.

(3)Regulations or a development order making any provision by virtue of this section may make different provision for different cases or different classes of development.

(4)Before a planning authority grant planning permission for the use of land as a caravan site they shall, unless they are also the authority with power to issue a site licence for that land, consult the local authority with that power.

(5)In this section “site licence” means a licence under Part 1 of the M6Caravan Sites and Control of Development Act 1960 authorising the use of land as a caravan site.

Textual Amendments

F194Words in s. 38(1) substituted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 10(2)(a), 59(2) (with S.S.I. 2009/222, art. 4); S.S.I. 2008/411, art. 2(2)(3)(a), S.S.I. 2009/219, art. 2, sch.

F195Word in s. 38(1) substituted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 10(2)(b), 59(2) (with S.S.I. 2009/222, art. 4); S.S.I. 2008/411, art. 2(2)(3)(a) , S.S.I. 2009/219, art. 2, sch.

Marginal Citations

[F19638APre-determination hearingsS

(1)Regulations or a development order may provide that, before determining an application for planning permission for a development of a class prescribed in the regulations or order, a planning authority are to give the applicant and any person so prescribed an opportunity of appearing before and being heard by a committee of the authority.

(2)The procedures in accordance with which any such hearing is arranged and conducted (including, without prejudice to the generality of this subsection, procedures for ensuring relevance and avoiding repetition) and any other procedures consequent upon the hearing are to be such as the authority consider appropriate.

(3)Any right of attendance at the hearing (other than for the purpose of appearing before and being heard by the committee) is to be such as the authority consider appropriate.

(4)In relation to an application other than is provided for in regulations or a development order under subsection (1), a planning authority may elect to give the applicant and any other person an opportunity such as is mentioned in that subsection; and if the authority do so elect, subsections (2) and (3) apply accordingly.]

Textual Amendments

F196S. 38A inserted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 14(1), 59(2); S.S.I. 2008/411, art. 2(2)(3)(a); S.S.I. 2009/219, art. 2, sch.

39[F197Declining to determine an application]S

[F198(1) A planning authority may decline to determine an application (in this subsection referred to as the “ current application ”) for planning permission for the development of any land—

(a)if—

(i)in the period of [F1995] years ending with the date on which the current application is received, the Scottish Ministers have refused a similar application referred to them under section 46 or have dismissed an appeal against the refusal of, or an appeal under section 47(2) in respect of, a similar application, and

(ii)in the opinion of the authority there has not, since the Scottish Ministers refused the similar application or dismissed the appeal, been any significant change in the development plan (so far as material to the current application) or in any other material consideration,

(b)if—

(i)in that period of [F2005] years the planning authority have refused more than one similar application,

(ii)there has been no appeal to the Scottish Ministers against either (or as the case may be any) of those refusals, and

(iii)in the opinion of the authority there has not, since the more (or as the case may be most) recent of the refusals, been any significant change in the development plan (so far as material to the current application) or in any other material consideration,

(c)if—

(i)in that period of [F2015] years the planning authority have refused more than one similar application,

(ii)there has been an appeal to the Scottish Ministers against either (or as the case may be any) of those refusals but as at the time the current application is received no such appeal has yet been determined, and

(iii)in the opinion of the authority there has not, since the more (or as the case may be most) recent of the refusals, been any significant change in the development plan (so far as material to the current application) or in any other material consideration,

(d)if—

(i)in that period of [F2025] years there have been appeals under section 47(2) in respect of more than one similar application but as at the time the current application is received no such appeal has yet been determined, and

(ii)in the opinion of the authority there has not, since the more (or as the case may be most) recent of the appeals was made, been any significant change in the development plan (so far as material to the current application) or in any other material consideration, or

(e)if—

(i)in that period of [F2035] years two similar applications have been made to the planning authority,

(ii)the planning authority have refused one of those applications and there has been an appeal under section 47(2) in respect of the other but as at the time the current application is received the appeal under that section has yet to be determined as has the appeal (if any) against the refusal, and

(iii)in the opinion of the authority there has not, since the refusal or since the appeal was made (whichever was the more recent), been any significant change in the development plan (so far as material to the current application) or in any other material consideration.

(1A)A planning authority or the Scottish Ministers must decline to determine an application for planning permission for the development of any land if, in their opinion—

(a)compliance with section 35B was required as respects the development, and

(b)there has not been such compliance.

(1B)But before deciding whether, under subsection (1A), an application must be declined the authority or as the case may be the Scottish Ministers may request the applicant to provide such additional information as they may specify.

(1C)Where, under subsection (1A), a planning authority or the Scottish Ministers decline to determine an application they are to advise the applicant of the reason for their being of the opinion mentioned in that subsection.

(1D)Subsection (1A) is subject to section 35A(9).]

(2)For the purposes of this section an application for planning permission for the development of any land shall be taken to be similar to a later application only if the development and the land to which the applications relate are in the opinion of the planning authority the same or substantially the same.

[F204(2A)For the purposes of the application of this section by virtue of section 43A(5)—

(a)the references in subsection (1) to an appeal to the Scottish Ministers include a reference to a requirement on the planning authority to review a case by virtue of section 43A(8);

(b)the references in that subsection to the dismissal by the Scottish Ministers of an appeal include a reference to the upholding by the planning authority of a determination on review; and

(c)the references to an appeal under section 47(2) include a reference to a requirement to review under section 43A(8)(c).]

F205(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F197S. 39 heading substituted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 15(c), 59(2) (with S.S.I. 2009/222, art. 6); S.S.I. 2008/411, art. 2(2)(3)(a), S.S.I. 2009/219, art. 2, sch.

F198S. 39(1)-(1D) substituted for s. 39(1) (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 15(a), 59(2) (with S.S.I. 2009/222, art. 6); S.S.I. 2008/411, art. 2(2)(3)(a), S.S.I. 2009/219, art. 2, sch.

F205S. 39(3) repealed (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 15(b), 59(2) (with S.S.I. 2009/222, art. 6); S.S.I. 2008/411, art. 2(2)(3)(a), S.S.I. 2009/219, art. 2, sch.

[F20639ADeclining to determine an application: further provisionS

The Scottish Ministers must publish guidance outlining what constitutes a “similar application” and a “significant change” for the purposes of section 39.]

Textual Amendments

40 Assessment of environmental effects.S

(1)The Secretary of State may by regulations make provision about the consideration to be given, before planning permission for development of any class specified in the regulations is granted, to the likely environmental effects[F207, including effects on biodiversity,] of the proposed development.

(2)The regulations—

(a)may make the same provision as, or provision similar or corresponding to, any provision made, for the purposes of any [F208EU] obligation of the United Kingdom about the assessment of the likely effects of development on the environment, under section 2(2) of the M7European Communities Act 1972, and

(b)may make different provisions for different classes of development.

(3)Where a draft of regulations made in exercise both of the power conferred by this section and the power conferred by section 2(2) of the European Communities Act 1972 is approved by resolution of each House of Parliament, no statutory instrument containing such regulations shall be subject to annulment by virtue of section 275(3).

[F209(4)Without prejudice to subsection (1), before planning permission is granted by a planning authority in respect of anything which is development by virtue of section 26(6), the authority must consider the effect of the proposed development on the water environment.

[F210(4A)In subsection (1), “effects on biodiversity” includes the net positive effects on biodiversity that would be likely to result from the development.]

(5) In subsection (4), “ water environment ” has the same meaning as in section 3(2) of the Water Environment and Water Services (Scotland) Act 2003 (asp 3). ]

Textual Amendments

F209S. 40(4)(5) inserted (6.2.2007 for specified purposes, 31.3.2007 in so far as not already in force) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), ss. 24(3), 38(1); S.S.I. 2007/50, art. 2

Marginal Citations

41 Conditional grant of planning permission.S

(1)Without prejudice to the generality of section 37(1) to (3), conditions may be imposed on the grant of planning permission under that section—

(a)for regulating the development or use of any land under the control of the applicant (whether or not it is land in respect of which the application was made) or requiring the carrying out of works on any such land, so far as appears to the planning authority to be expedient for the purposes of or in connection with the development authorised by the permission;

(b)for requiring the removal of any buildings or works authorised by the permission, or the discontinuance of any use of land so authorised, at the end of a specified period, and the carrying out of any works required for the reinstatement of land at the end of that period.

[F211(c)for identifying (whether by means of a specified time period or otherwise) when the applicant may be required to—

(i)make an application for a consent, agreement or approval, or

(ii)carry out some other action in connection with the permission or development.]

(2)Conditions may not be imposed by a planning authority under subsection (1)(a) for regulating the development or use of any land within the area of another planning authority except with the consent of that authority.

(3)Subject to paragraph 1(6)(a) of Schedule 3, a planning permission which is granted subject to such a condition as is mentioned in subsection (1)(b) is in this Act referred to as “planning permission granted for a limited period”.

(4)Where—

(a)planning permission is granted for development consisting of or including the carrying out of building or other operations subject to a condition that the operations shall be commenced not later than a time specified in the condition, and

(b)any building or other operations are commenced after the time so specified,

the commencement and carrying out of those operations do not constitute development for which that permission was granted.

F212(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Part I of Schedule 3 shall have effect for the purpose of making special provision with respect to the conditions which may be imposed on the grant of planning permission for development consisting of the winning and working of minerals.

Textual Amendments

[F21341AConditional grant of planning permission: noise-sensitive developmentsS

(1)A development that is the subject of an application for planning permission is a “noise-sensitive development” if residents or occupiers of the development are likely to be affected by significant noise from existing activity in the vicinity of the development (a “noise source”).

(2)Without prejudice to the generality of section 41(1), a planning authority—

(a)must, when considering under section 37 whether to grant planning permission for a noise-sensitive development subject to conditions, take particular account of whether the development includes sufficient measures to mitigate, minimise or manage the effect of noise between the development and any existing cultural venues or facilities (including in particular, but not limited to, live music venues), or dwellings or businesses in the vicinity of the development, and

(b)may not, as a condition of granting planning permission for a noise-sensitive development, impose on a noise source additional costs relating to acoustic design measures to mitigate, minimise or manage the effects of noise.]

Textual Amendments

[F21441BConditional grant of planning permission: provision of toilet facilities within certain large developmentsS

(1)Without prejudice to the generality of section 41(1), a planning authority may grant planning permission for a development that falls within subsection (2) only on condition that the development includes at least one toilet facility described in subsection (3).

(2)A development that is the subject of an application for planning permission falls within this subsection if it is for the construction of a building, structure or other erection for use for any of the following purposes—

(a)as a school, college or university,

(b)as a community centre, sports and leisure centre, or similar public building,

(c)as a hospital or other facility for the provision of health services,

(d)as a retail outletF215...,

(e)as a cultural centre, such as a museum, concert hall or art gallery,

(f)as a stadium or large auditorium,

(g)as a major transport terminus or interchange,

(h)as a motorway service facility.

[F216(i)as a conference or exhibition centre,

(j)as a restaurant or cafe,

(k)as a public house or nightclub.]

(3)The toilet facility mentioned in subsection (1) is an accessible public facility which—

(a)has sufficient space, being not less than 12 square metres, to allow up to two carers to assist an adult to use the toilet and the equipment mentioned in paragraph (c),

(b)has a F217...toilet with sufficient space, being not less than 1 metre, from the wall on either side for carers to assist an adult to use the toilet,

(c)includes—

(i)a height-adjustable changing bench of a size suitable for an adult,

(ii)a tracking hoist able to cover the full floor area of the facility,

(d)is equipped with—

(i)a non-slip floor surface,

(ii)a screen or curtain,

[F218(iii)a height adjustable wash hand basin,

(iv)grab rails to assist in the use of the toilet facility,]

(v)a shelf [F219or other surface] suitable for temporary placing of colostomy bags and related equipment.

[F220(vi)a call assistance system.]

(4)The Scottish Ministers may by regulations—

(a)amend subsection (2) so as—

(i)to add, amend or remove a purpose, or

(ii)to describe other types of development that fall within subsection (2), (whether or not by reference to the development's use for a particular purpose) and to amend or remove such types,

(b)specify that the requirement in subsection (1) does not apply—

(i)to a particular building, structure or erection,

(ii)to such descriptions of buildings, structures or erections as may be prescribed, or

(iii)in such circumstances as may be prescribed,

(c)amend the description of toilet facility in subsection (3).]

Textual Amendments

F214S. 41B inserted (1.12.2019 for specified purposes, 18.5.2020 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 26(2), 63(2); S.S.I. 2019/385, reg. 2; S.S.I. 2020/67, reg. 2 (with reg. 3)

Modifications etc. (not altering text)

42 Determination of applications to develop land without compliance with conditions previously attached.S

(1)This section applies, subject to subsection (4), to applications for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.

(2)On such an application the planning authority shall consider only the question of the conditions subject to which planning permission should be granted, and—

(a)if they decide that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it should be granted unconditionally, they shall grant planning permission accordingly;

(b)if they decide that planning permission should be granted subject to the same conditions as those subject to which the previous permission was granted, they shall refuse the application.

[F221(3)The Scottish Ministers may by regulations or a development order make special provision as regards the procedure to be followed in connection with such applications.]

(4)This section does not apply if the previous permission was granted subject to a condition as to the time within which the development to which it related was to be begun, and that time has expired without the development having been begun.

Textual Amendments

43 Directions etc. as to method of dealing with applications.S

(1)Provision may be made by regulations or a development order for regulating the manner in which applications for planning permission to develop land are to be dealt with by planning authorities, and in particular—

(a)for enabling the Secretary of State to give directions restricting the grant of planning permission by the planning authority, either indefinitely or during such period as may be specified in the directions, in respect of any such development, or in respect of development of any such class, as may be so specified;

[F222(aa)for enabling the Scottish Ministers to give directions to the planning authority requiring them, in respect of any such development, or in respect of development of any such class, as may be specified in the directions—

(i)to consider, where the authority are minded to grant planning permission, imposing a condition specified in, or of a nature indicated in, the directions; and

(ii)(unless the directions are withdrawn) not to grant planning permission without first satisfying the Scottish Ministers that such consideration has been given and that such a condition either will be imposed or need not be imposed;]

(b)for authorising the planning authority, in such cases and subject to such conditions as may be prescribed by the regulations or the order, or by directions given by the Secretary of State under the regulations or the order, to grant planning permission for development which does not accord with the provisions of the development plan;

[F223(bb)for enabling the planning authority, in the course of their consideration of an application, to require from the applicant particulars, documents, materials or evidence which they consider they require to enable them to deal with the application (being particulars, documents, materials or evidence additional to any which, by virtue of section 32(2), as the case may be, was included in, accompanied or was provided in support of anything in, or relating to, the application);]

(c)for requiring the planning authority, before granting or refusing planning permission for any development, to consult such authorities or persons as may be prescribed by the regulations or the order or by directions given by the Secretary of State under the regulations or the order;

(d)for requiring the planning authority to give to any applicant for planning permission, within such time as may be prescribed by the regulations or the order, such notice as may be so prescribed as to the manner in which his application has been dealt with;

(e)for requiring the planning authority to give any applicant for any consent, agreement or approval required by a condition imposed on a grant of planning permission notice of their decision on his application, within such time as may be so prescribed;

(f)for requiring [F224, or enabling directions to be made requiring, the planning authority to give to the Scottish Ministers and to such other persons as may be prescribed by or under the regulations, order or directions], such information as may be so prescribed with respect to applications for planning permission made to the authority, including information as to the manner in which any such application has been dealt with.

[F225(1A)Any notice given by virtue of paragraph (d) or (e) of subsection (1)—

(a)is to include a statement of—

(i)the terms of the planning authority's decision,

(ii)any conditions to which that decision is subject, and

(iii)the reasons on which the authority based that decision, and

(b)may include such other information as may be prescribed by the regulations or the order.]

(2)Paragraphs (d) and (f) of subsection (1) shall apply in relation to applications for an approval required by regulations under this Act or a development order as they apply in relation to applications for planning permission.

[F226(3)Paragraphs (a) and (f) of that subsection shall apply in relation to applications under section 75A(2) as they apply in relation to applications for planning permission.

(4)For the purposes of the application provided for in subsection (3), the reference in paragraph (a) of subsection (1) to restricting the grant of planning permission is to be construed as a reference to restricting F227... the making of any determination under [F228section 75A(4)].]

Textual Amendments

F225S. 43(1A) inserted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 16(b), 59(2); S.S.I. 2008/411, art. 2(2)(3)(a); S.S.I. 2009/219, art. 2, sch.

F226S. 43(3)(4) added (12.12.2008 for specified purposes, 1.2.2011 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 16(c), 59(2); S.S.I. 2008/411, art. 2(2)(3)(a); S.S.I. 2010/400, art. 3, sch.

[F22943ALocal developments: schemes of delegationS

(1)A planning authority are—

(a) as soon as practicable after the coming into force of section 17 of the Planning etc. (Scotland) Act 2006 (asp 17), and thereafter—

(i)whenever required to do so by the Scottish Ministers, or

(ii)subject to sub-paragraph (i), at such intervals as may be provided for in regulations under this section,

to prepare a scheme (to be known as a “ scheme of delegation ”) by which any application for planning permission for a development within the category of local developments or any application for consent, agreement or approval required by a condition imposed on a grant of planning permission for a development within that category is to be determined by a person appointed by them for the purposes of this section instead of by them, and

(b)to keep under review the scheme so prepared.

(2)Other than for the purposes of subsections (8) to (16) or section 47, the determination of any person so appointed is to be treated as that of the authority.

(3)References in subsection (1) to a development do not include references to a development of a class mentioned in section 38A(1).

(4)Without prejudice to subsection (1)(a)(ii), regulations under this section may make provision as to—

(a)the form and content of, and

(b)the procedures for preparing and adopting,

a scheme of delegation.

(5)Where an application for planning permission falls to be determined by a person so appointed, sections [F23027A(2), 27B(2), 30(3), 32A,] 37(1) to (3), 38, 39[F231, 40], 41(1) and (2)[F232, 42, 43(1) to (2), 46, 58, 59 and 60] and Part 1 of Schedule 3 apply, with any necessary modifications (including, in the case of that Part, the modification mentioned in subsection (18)), as they apply to an application which falls to be determined by the planning authority.

(6)The planning authority may, if they think fit, decide themselves to determine an application which would otherwise fall to be determined by a person so appointed.

(7)Any such decision must include a statement of the reasons for which it has been taken; and a copy of the decision is to be served on the applicant.

(8)Where a person so appointed—

(a)refuses an application for planning permission or for consent, agreement or approval,

(b)grants it subject to conditions, or

(c)has not determined it within such period as may be prescribed by regulations or a development order [F233or within such extended period as may at any time be agreed upon in writing between the applicant and the person so appointed],

the applicant may require the planning authority to review the case.

[F234(8A)A requirement to review may not be made by virtue of paragraph (c) of subsection (8) if within the period (or extended period) mentioned in that paragraph notice has been given to the applicant that—

(a)the power under section 39 to decline to determine the application has been exercised; or

(b)the application has been referred to the Scottish Ministers in accordance with directions given under section 46.]

(9)Where a requirement to review is made by virtue of paragraph (c) of subsection (8), the person so appointed is, for the purposes of the review, to be deemed to have decided to refuse the application.

(10)Regulations or a development order may make provision as to the form and procedures of any review conducted by virtue of subsection (8).

(11)Without prejudice to the generality of subsection (10), the regulations or order may—

(a)make different provision for different cases or classes of case,

(b)make different provision for different stages of a case,

(c)make provision in relation to oral or written submissions and to documents in support of such submissions,

(d)make provision in relation to time limits (including a time limit for requiring the review), and

(e)require the planning authority to give to the person who has required the review such notice as may be prescribed by the regulations or the order as to the manner in which that review has been dealt with.

(12)Any notice given by virtue of paragraph (e) of subsection (11)—

(a)is to include a statement of—

(i)the terms in which the planning authority have decided the case reviewed, and

(ii)the reasons on which the authority based that decision, and

(b)may include such other information as may be prescribed by the regulations or the order.

(13)The provision which may be made by virtue of subsections (10) and (11) includes provision as to—

(a)the making of oral submissions, or as to any failure to make such submissions or to lodge documents in support of such submissions, or

(b)the lodging of, or as to any failure to lodge, written submissions or documents in support of such submissions,

and, subject to section 43B, as to what matters may be raised in the course of the review.

(14)The provision which may be made by virtue of subsections (10) and (11) includes provision that the manner in which the review, or any stage of the review, is to be conducted (as for example whether oral submissions are to be made or written submissions lodged) is to be at the discretion of the planning authority.

(15)The planning authority may uphold, reverse or vary a determination reviewed by them by virtue of subsection (8).

(16)Subject to subsection (17) and except as provided under section 239, the decision of a planning authority in a case reviewed under this section is final.

(17)Where a requirement to review is made by virtue of paragraph (c) of subsection (8) and the planning authority have not conducted the review within such period as may be prescribed by regulations or a development order, the authority are to be deemed to have decided to refuse the application and section 47(1) is to apply accordingly.

(18)The modification is that, in paragraph 1(6) of Schedule 3, for paragraph (b) there is substituted—

“(b)is to be regarded for the purposes of section 43A as a condition imposed by a decision of the appointed person, and may accordingly be the subject of a review under subsection (8) of that section.”.

Textual Amendments

F229Ss. 43A, 43B inserted (12.12.2008 for specified purposes, 6.4.2009 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 17, 59(2) (with S.S.I. 2009/222, art. 7(1)(b)(2)); S.S.I. 2008/411, art. 2(2)(3)(a), S.S.I. 2009/100, art. 2, sch., S.S.I. 2009/219, art. 2, sch.

43BMatters which may be raised in a review under section 43A(8)S

(1)In a review under section 43A(8), a party to the proceedings is not to raise any matter which was not before the appointed person at the time the determination reviewed was made unless that party can demonstrate—

(a)that the matter could not have been raised before that time, or

(b)that its not being raised before that time was a consequence of exceptional circumstances.

(2)Nothing in subsection (1) affects any requirement or entitlement to have regard to—

(a)the provisions of the development plan, or

(b)any other material consideration.]

Textual Amendments

F229Ss. 43A, 43B inserted (12.12.2008 for specified purposes, 6.4.2009 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 17, 59(2) (with S.S.I. 2009/222, art. 7(1)(b)(2)); S.S.I. 2008/411, art. 2(2)(3)(a), S.S.I. 2009/100, art. 2, sch., S.S.I. 2009/219, art. 2, sch.

44 Effect of planning permission.S

(1)Without prejudice to the provisions of this Part as to the duration, revocation or modification of planning permission, any grant of planning permission to develop land shall (except in so far as the permission otherwise provides) enure for the benefit of the land and of all persons for the time being interested in it.

(2)Where planning permission is granted for the erection of a building, the grant of permission may specify the purposes for which the building may be used.

(3)If no purpose is so specified, the permission shall be construed as including permission to use the building for the purpose for which it is designed.

F23545 Duty to draw attention to certain provisions for benefit of disabled.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Secretary of State’s powers in relation to planning applications and decisionsS

46 Call-in of applications by Secretary of State.S

(1)The Secretary of State may give directions requiring any such applications as are mentioned in section 34(2) to be referred to him instead of being dealt with by planning authorities.

[F236(1A)A direction under subsection (1) may be withdrawn or modified by a subsequent direction.]

(2)A direction under this section—

(a)may be given either to a particular planning authority or to planning authorities generally, and

[F237(ab)may relate to an application which is the subject of a review by the planning authority under section 43A(8),]

(b)may relate either to a particular application or to applications of a class specified in the direction.

(3)Any application in respect of which a direction under [F238subsection (1)] has effect shall be referred to the Secretary of State.

(4)F239... where an application is referred to the Secretary of State under this section—

(a)sections 33, 37(1) to (3), 38(1) to (3), 41(1) and (2) and 42 and paragraphs 2 to 6 of Schedule 3 shall apply, with any necessary modifications, as they apply to an application which falls to be determined by the planning authority, and

(b)regulations or a development order may apply, with or without modifications, to an application so referred any requirements imposed by the regulations or order by virtue of section 34 or 35.

F240(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F240(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)The decision of the Secretary of State on any application referred to him under this section shall be final.

Textual Amendments

Modifications etc. (not altering text)

[F24146ACall-in of applications by Scottish Ministers: further provisionS

(1)The Scottish Ministers must lay before the Scottish Parliament and publish, in such manner as they consider appropriate, a statement setting out the circumstances in which they consider it appropriate to give directions as mentioned in section 46(1).

(2)The Scottish Ministers may from time to time publish a revised or replacement statement under subsection (1).]

Textual Amendments