Town and Country Planning (Scotland) Act 1997

[F1 3A National Planning Framework S

(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 [F2 the 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, F3 ...

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

[F4 (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).]

[F5 (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,

[F6 (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.

[F7 (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—

[F8 (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.

[F9 (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).]

F10 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 Pt. 1A inserted (1.4.2007) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 1, 59(2); S.S.I. 2007/130, art. 2(2), sch.

F2 Words 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.

F3 Word 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.

F4 S. 3A(3)(c)-(e) inserted (8.11.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 2(3)(b), 63(2); S.S.I. 2019/314, reg. 2, sch.

F5 S. 3A(3A) inserted (8.11.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 2(4), 63(2); S.S.I. 2019/314, reg. 2, sch.

F6 S. 3A(4)(aa) inserted (8.11.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 2(5), 63(2); S.S.I. 2019/314, reg. 2, sch.

F7 S. 3A(4A) inserted (8.11.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 2(6), 63(2); S.S.I. 2019/314, reg. 2, sch.

F8 S. 3A(5)(za) inserted (8.11.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 2(7), 63(2); S.S.I. 2019/314, reg. 2, sch.

F9 S. 3A(5A)(5B) inserted (8.11.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 2(8), 63(2); S.S.I. 2019/314, reg. 2, sch.

F10 S. 3A(6)-(9) repealed (8.11.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 2(9), 63(2); S.S.I. 2019/314, reg. 2, sch.

F11 S. 3A(10) repealed (8.11.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 2(10), 63(2); S.S.I. 2019/314, reg. 2, sch.

Modifications etc. (not altering text)

C1 S. 3A(3) modified (27.3.2011) by The Waste Management Licensing (Scotland) Regulations 2011 (S.S.I. 2011/228), reg. 1(1), sch. 4 para. 9 (with regs. 31-33)