2020 No. 124

Town And Country Planning
Environmental Protection

The Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721, sections 35B(5), 40, 43A(10) and (11) and 275 of the Town and Country Planning (Scotland) Act 19972 and all other powers enabling them to do so.

Citation and commencement1

These Regulations may be cited as the Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 and come into force on 24 April 2020.

Amendment of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 20132

1

The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 20133 are amended in accordance with paragraphs (2) and (3).

2

In regulation 7(2) (pre-application consultation) at the beginning insert “Subject to regulation 7A,”.

3

After regulation 7 (pre-application consultation) insert—

Temporary relaxation of pre-application consultation requirements during Coronavirus emergency period7A

1

This regulation applies in relation to an application for planning permission submitted—

a

either—

i

during the emergency period, or

ii

within the period of 6 months immediately following the expiry of the emergency period, and

b

in respect of which a proposal of application notice is given to the planning authority before, or during, the emergency period.

2

Where this regulation applies in relation to an application for planning permission, regulation 7 applies in relation to that application—

a

as if paragraphs (2)(a) and (b)(iii) and (3) were omitted, and

b

during the emergency period, as if in paragraph (2)(b)(ii) for “where” there were substituted “how (including by what electronic means)”.

3

For the purposes of this regulation, the “emergency period” is the period beginning on 24 April 2020 and ending on the date on which Part 1 of the Coronavirus (Scotland) Act 20204 expires in accordance with section 12 of that Act.

Amendment of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 20133

1

The Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 20135 are amended in accordance with paragraphs (2) and (3).

2

In regulation 7(2) (local review body) at the beginning insert “Subject to regulation 7A,”.

3

After regulation 7 insert—

Temporary removal of requirement to hold meeting of local review body in public during Coronavirus emergency period7A

1

Regulation 7 applies during the emergency period as if—

a

paragraph (2) were omitted, and

b

in paragraphs (3) and (4) for “, time and place” there were substituted “and time”.

2

For the purposes of this regulation, “emergency period” is the period beginning on 24 April 2020 and ending on the date on which Part 1 of the Coronavirus (Scotland) Act 20206 expires in accordance with section 12 of that Act.

Amendment of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 20174

1

The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 20177 are amended in accordance with paragraph (2).

2

After regulation 25(3) (availability of copies of EIA report) insert—

4

During the emergency period the developer is not required by this regulation to ensure that copies of the EIA report are available for inspection at a place or address.

5

For the purposes of this regulation, the “emergency period” is the period beginning on 24 April 2020 and ending on the date on which Part 1 of the Coronavirus (Scotland) Act 20208 expires in accordance with section 12 of that Act.

KEVIN STEWARTAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make temporary modifications to the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 and the Town and Country Planning (Environmental Impact Assessment) Regulations 2017. These modifications alter requirements to hold public events or hearings or to make information or documentation available for inspection in a public place.

Regulation 2 amends the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 to remove the requirement for a public event to be held as part of pre-application consultation procedures during the “emergency period”. The emergency period is defined by reference to section 12 of the Coronavirus (Scotland) Act. Regulation 3 amends the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 to remove the requirement for meetings of the local review body to be held in public during the emergency period. Regulation 4 amends the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 so that during the emergency period a developer is not required to ensure that copies of an EIA report are available for inspection at a physical location.