The Town and Country Planning (Development Planning) (Scotland) Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision in connection with the preparation of strategic development plans and local development plans under Part 2 of the Town and Country Planning (Scotland) Act 1997 (“the Act”) as substituted by section 2 of the Planning etc. (Scotland) Act 2006. Strategic development plans are prepared by strategic development planning authorities. These authorities are groups of planning authorities designed by Order made under section 4 of the Act (S.S.I.s

2008/195,

2008/196,

2008/197 and

2008/198). A local development plan is prepared by a planning authority or by two or more planning authorities jointly under section 16(5) of the Act. Part 2 of the Regulations relates to the preparation and publication of strategic development plans, Part 3 relates to the preparation and publication of local development plans, Part 4 makes provision in relation to the examination of both such plans and Part 5 makes general and transitional provisions.

Regulation 2 requires a strategic development plan to include a map or diagram or combinations of such which describe the plan’s spatial strategy. Regulation 3 sets out matters to which the strategic development planning authority are to have regard when preparing a strategic development plan and when preparing a main issues report under section 9 of the Act.

Regulation 3(2) with respect to strategic development plans and regulation 10(2) with respect to local development plans implement in part, in relation to town and country planning in Scotland, Article 12 of Council Directive 96/82/EC on the control of major accident hazards involving dangerous substances. The main requirements of Article 12 of the Directive, which these Regulations implement, is to ensure that the objectives of preventing major accidents and limiting their consequences are taken into account in land-use planning policies.

Regulation 4 requires the authority to consult with the Scottish Ministers when compiling a main issues report. Regulation 5 sets out the manner of publication for the purposes of section 9(6) of the Act. Section 9(6) relates to the publication of the main issues report. Regulation 5 however also sets out the manner in which other documents, listed in regulation 5(3), are to be published. Regulation 6 sets out who the authority must consult in connection with a proposed strategic development plan in addition to the requirements of section 10(1) of the Act. Regulation 7 sets out how the authority is to advertise that they have submitted a proposed strategic development plan to the Scottish Ministers.

Regulation 8 requires a local development plan to include a proposals map describing the policies and proposals set out in the plan so far as it is practicable to illustrate these spatially. Regulation 9 and Schedule 1 prescribe the form of the schedule of land ownership to be appended to the plan in accordance with section 15(3) of the Act.

Regulation 10 sets out matters to which the planning authority are to have regard when preparing a local development plan under section 16 and a main issues report under section 17 of the Act. Regulation 11 requires the authority when compiling a main issues report to consult with the Scottish Ministers and, where the land to which the plan relates adjoins the district of another planning authority or a National Park, the respective planning or National Park authorities.

Regulation 12 sets out the manner of publication for the purposes of section 17(6) of the Act. Section 17(6) relates to the publication of the main issues report. Regulation 12 however also sets out the manner in which other documents, listed in regulation 12(3), are to be published. Regulation 13 sets out who the authority must consult in connection with a proposed local development plan in addition to the requirements of section 18(1) of the Act. Regulation 14 prescribes circumstances in which certain persons must be notified of the proposed local development plan under section 18(1)(e) of the Act. This requirement arises where the plan includes site specific proposals which would affect the amenity of a person’s land or of neighbouring land as defined in regulation 1(2). The form of notice is set out in Schedule 2. Regulation 15 prescribes the kinds of modification to a proposed plan which will require to be published under section 18(5)(a) of the Act and also to whom and how notice of modifications which affect site specific proposals is to be given. The form of notice is set out in Schedule 3.

Regulation 16 sets out how the submission of a proposed local development plan to the Scottish Ministers is to be publicised. Regulation 17 sets out how the planning authority are to publish the proposed local development plan as modified following an examination under section 19 of the Act.

Regulation 18 provides certain definitions for the purposes of Part 4 of the Regulations. Regulation 19 requires notification of the appointment of a person to hold an examination into a local development plan to be given to the planning authority. Where the examination relates to a strategic development plan notice is given under section 12(4)(b) of the Act. Regulation 20 sets out the materials which the authority are to provide in connection with an examination into a strategic or local development plan. Regulation 22 makes it clear that the person appointed to hold the examination may seek further information. Regulation 21 limits the scope of the matters which are to be considered at the examination and regulation 23 deals with the expenses of the examination.

Regulation 24 makes provision for the content of development plan schemes prepared under section 20B of the Act. Regulations 25 and 26 make provision relating to the content of and consultation in respect of action programmes prepared under section 21 of the Act. Regulation 27 makes provision as to the matters which may be dealt with in supplementary guidance under section 22 of the Act and in respect of the procedure to be followed for the adoption of such guidance. Regulation 28 specifies the bodies which are key agencies for the purpose of various provisions of the Act.

Regulations 29 and 30 make transitional provisions in relation to the application of the Regulations to structure plans and local plans which are under preparation at the time when the Regulations come into force. There are also transitional provisions in this regard in the Planning etc. (Scotland) Act 2006 (Development Planning) (Saving, Transitional and Consequential Provisions) Order 2008.

A regulatory impact assessment has been prepared in relation to these Regulations and has been placed in the Scottish Parliament Information Centre. Copies may be obtained free of charge from the Scottish Government Planning Directorate, Area 2H, Victoria Quay, Edinburgh, EH6 6QQ.