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Planning (Scotland) Act 2019

Type Act of the Scottish Parliament

Publication 2019-07-25

Last updated 2024-12-05

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

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PART 1 — Development planning

Development planning

Purpose of planning

1

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

(2) After Part 1 insert—

(3ZA) (1) The purpose of planning is to manage the development and use of land in the long term public interest. (2) Without limiting the generality of subsection (1), anything which— (a) contributes to sustainable development, or (b) achieves the national outcomes (within the meaning of Part 1 of the Community Empowerment (Scotland) Act 2015), is to be considered as being in the long term public interest. (3) This section applies only to the Scottish Ministers' and planning authorities' exercise of functions under Parts 1A and 2.

(3) Sections 3D and 3E are repealed.

National Planning Framework

2

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

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

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

(a) the word “and” at the end of paragraph (a) is repealed,

(b) after paragraph (b) insert—

(c) a statement about how the Scottish Ministers consider that development will contribute to each of the outcomes listed in subsection (3A), (d) targets for the use of land in different areas of Scotland for housing, and (e) an assessment of the likely impact of each proposed national development's lifecycle greenhouse gas emissions on achieving national greenhouse gas emissions reduction targets (within the meaning given in the Climate Change (Scotland) Act 2009).

(4) After section 3A(3) insert—

(3A) The outcomes are— (a) meeting the housing needs of people living in Scotland including, in particular, the housing needs for older people and disabled people, (b) improving the health and wellbeing of people living in Scotland, (c) increasing the population of rural areas of Scotland, (d) improving equality and eliminating discrimination, (e) meeting any targets relating to the reduction of emissions of greenhouse gases, within the meaning of the Climate Change (Scotland) Act 2009, contained in or set by virtue of that Act, and (f) securing positive effects for biodiversity.

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

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

(6) After section 3A(4) insert—

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

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

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

(8) After section 3A(5) insert—

(5A) For the avoidance of doubt, this section does not prevent the Scottish Ministers from setting out policies or proposals that relate to the development or use of land outwith the National Planning Framework. (5B) In this section, “biodiversity” has the same meaning as “biological diversity” in the United Nations Environmental Programme Convention on Biological Diversity of 5 June 1992 as amended from time to time (or in any United Nations Convention replacing that Convention).

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

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

(11) After section 3A insert—

(3AA) (1) The Scottish Ministers are to keep the National Planning Framework under review. (2) Without limit to subsection (1), the Scottish Ministers are to— (a) review the framework no later than 23 June 2024 (being 10 years from the date on which the framework was last published before this section came into force), and (b) thereafter, review the framework at least once in every period of 10 years beginning with the most recent date on which— (i) a revised framework prepared under subsection (3)(a) was adopted and published under section 3CA, or (ii) an explanation was published under subsection (3)(b) of this section. (3) Following such a review, the Scottish Ministers are to— (a) prepare a revised framework, or (b) publish an explanation of why they have decided not to revise it. (3AB) (1) This section applies where a revised National Planning Framework is to be prepared following a review under section 3AA. (2) Before preparing the revised framework, the Scottish Ministers must prepare and publish their participation statement. (3) In preparing the revised framework, the Scottish Ministers must— (a) have regard to relevant policies and strategies, including, in particular— (i) any national strategy and action plan for housing prepared by the Scottish Ministers, (ii) any infrastructure investment plan prepared by the Scottish Ministers to set out their priorities for the development of public infrastructure, (iii) any national transport strategy prepared by the Scottish Ministers, (iv) any strategic transport projects review prepared by the Scottish Ministers to set out their priorities for transport investment, (v) the land use strategy prepared under section 57 of the Climate Change (Scotland) Act 2009, (vi) the programme for adaptation to climate change prepared under section 53 of the Climate Change (Scotland) Act 2009, (vii) any national strategy in respect of the improvement of air quality prepared by the Scottish Ministers, (viii) any land rights and responsibilities statement prepared under section 1 of the Land Reform (Scotland) Act 2016, (ix) any national strategy or action plan for the ownership or use of land prepared by the Scottish Ministers, and (x) the national marine plan prepared under section 5 of the Marine (Scotland) Act 2010, and (b) have regard to the desirability of— (i) resettling rural areas that have become depopulated, (ii) preserving disused railway infrastructure for the purpose of ensuring its availability for possible future public transport requirements, and (iii) preserving peatland. (4) In this Part, “participation statement” means an account by the Scottish Ministers of— (a) when consultation as regards the proposed revised framework is likely to take place, (b) with whom they intend to consult, which must include— (i) planning authorities, (ii) key agencies (within the meaning of section 23D), (iii) the appropriate body under subsection (5), and (iv) such persons or bodies who the Scottish Ministers consider have a role in the delivery of the outcomes mentioned in section 3A(3A), (c) the steps to be taken to involve the public at large in the consultation, and (d) the likely form of the review. (5) For the purpose of subsection (4)(b)(iii), the “appropriate body” is— (a) the advisory body designated by an order under section 24(1) of the Climate Change (Scotland) Act 2009, or (b) if no such order has been made, the Committee on Climate Change established under section 32 of the Climate Change Act 2008. (3AC) (1) For the purposes of assisting the Scottish Ministers in preparing or revising the National Planning Framework, the Scottish Ministers may direct a planning authority, or two or more planning authorities, to provide information about the matters set out in subsection (2) in relation to an area specified in the direction. (2) The matters are— (a) the principal physical, cultural, economic, social, built heritage and environmental characteristics of the area, (b) the principal purposes for which land in the area is used, (c) the size, composition and distribution of the population of the area, (d) the housing needs of the population of the area, (e) the capacity of education services in the area, (f) the capacity of health services in the area, (g) the health needs of the population of the area, (h) the housing needs of older people and disabled people within the area, (i) the desirability of allocating land for the purposes of resettlement, (j) the infrastructure of the area (including communications, transport and drainage systems and systems for the supply of water and energy), (k) how that infrastructure is used, (l) any change which the planning authority or authorities think may occur in relation to any of the matters mentioned in paragraphs (a) to (k), and (m) such other matters as are prescribed. (3) In subsection (2)(j), references to systems for the supply of energy include in particular land available for the development and use of facilities for renewable sources of energy. (4) Where a direction under this section requires two or more planning authorities to provide information in relation to the same area and the same matter, they are to co-operate with one another.

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

(13) After section 3C insert—

(3CA) (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. (3CB) 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.

Open space strategy

3

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

(2) After section 3F insert—

(3G) (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.

Housing needs of older people and disabled people: parliamentary report

4

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

(2) After section 3CC insert—

(3CD) (1) The Scottish Ministers must, as soon as practicable after the end of each 2-year period, lay before the Scottish Parliament a report on how the planning system is operating to help ensure that the housing needs of older people and disabled people are met. (2) A report under subsection (1) must, in particular, contain information about— (a) the extent to which the planning system is operating to ensure that new housing that meets the needs of older people and disabled people is constructed, (b) the extent to which the planning system is operating to ensure that existing housing is adapted to meet the housing needs of older people and disabled people, (c) the extent to which any other actions taken by the Scottish Ministers in relation to the planning system are ensuring that the housing needs of older people and disabled people are being met, and (d) such other matters relating to the planning system as appear to the Scottish Ministers to be relevant to meeting the housing needs of older people and disabled people. (3) In preparing the report, the Scottish Ministers must consult— (a) older people and disabled people, and their families, (b) such persons as appear to the Scottish Ministers to be representative of the interests of older people and disabled people, including organisations working for and on behalf of older people and disabled people, (c) carers, (d) planning authorities, (e) a body registered under section 20 (registered social landlords) of the Housing (Scotland) Act 2010, (f) developers, (g) such persons as they consider appropriate having functions in relation to— (i) older people and disabled people, and their families, (ii) carers, (iii) housing, (iv) social work, (v) health and social care, and (h) such other persons as the Scottish Ministers consider appropriate. (4) The Scottish Ministers must, as soon as practicable after the report has been laid before the Scottish Parliament, publish the report in such manner as they consider appropriate. (5) For the purposes of this section, the “2-year period” means— (a) the period of 2 years beginning with the day on which section 4 of the Planning (Scotland) Act 2019 comes into force, and (b) each subsequent period of 2 years.

Strategic development: regional spatial strategies

5

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

(2) Before section 4 insert—

(4ZA) (1) A planning authority, or two or more such authorities acting jointly, are to prepare and adopt a regional spatial strategy. (2) A regional spatial strategy is a long-term spatial strategy in respect of the strategic development of an area (or areas) which must, in particular— (a) specify the area (or areas) of the planning authority (or authorities) to which it relates (“the region”), and (b) identify, in relation to the region— (i) the need for strategic development, (ii) the outcomes to which the authority (or authorities) consider that strategic development will contribute, (iii) priorities for the delivery of strategic development, and (iv) proposed locations for strategic development, which must be shown in the strategy in the form of a map or diagram. (3) Before adopting a regional spatial strategy, a planning authority (or authorities) must— (a) publish, by such means as they consider appropriate— (i) a draft of the strategy, (ii) a summary of the information taken into account in preparing the draft of the strategy, and (iii) a statement inviting representations in relation to the strategy by a date specified in the statement, (b) as soon as practicable after publishing the documents mentioned in paragraph (a), send a copy of them to— (i) the planning authority (other than one involved in producing the report) for any area in which future development is likely to be significantly impacted by the strategic development to which the strategy is to relate, (ii) the key agencies, and (iii) any other person the planning authority (or authorities) producing the strategy consider appropriate, and (c) otherwise, consult such persons as they consider are likely to have an interest in the strategy. (4) As soon as practicable after a strategy under subsection (1) is adopted, the planning authority (or authorities) must— (a) publish the strategy by such means as they consider appropriate, and (b) submit it to the Scottish Ministers. (5) In this section, “strategic development” means development that is likely to have a significant impact on future development within the area of more than one planning authority. (4ZB) (1) In exercising their functions of preparing, revising or amending the National Planning Framework, the Scottish Ministers must have regard to any adopted regional spatial strategy submitted to them under section 4ZA(4)(b). (2) In exercising their functions of preparing, revising or amending a local development plan, a planning authority must have regard to their adopted regional spatial strategy (or strategies) submitted to the Scottish Ministers under section 4ZA(4)(b). (4ZC) (1) A planning authority must adopt a regional spatial strategy under section 4ZA(1) as soon as reasonably practicable after section 5 of the Planning (Scotland) Act 2019 comes into force. (2) A planning authority— (a) are to keep their adopted regional spatial strategy (or strategies) under review, and (b) if they consider it appropriate, may at any time prepare and adopt a replacement strategy. (3) Without limit to the generality of subsection (2), a planning authority (or authorities) must review their adopted regional spatial strategy (or, if more than one, each adopted strategy) at least once in every period of 10 years beginning with the most recent date on which they— (a) adopted the strategy, or (b) published an explanation under subsection (4)(b). (4) Following such a review, a planning authority are to— (a) prepare and adopt a replacement regional spatial strategy, or (b) publish an explanation of why they have decided not to do so. (5) Section 4ZA(2) to (4) and sections 4ZB and 4ZE apply to a replacement regional spatial strategy as they apply in relation to the strategy being replaced (and references in this Part to a regional spatial strategy include references to such a replacement strategy). (4ZD) (1) The Scottish Ministers may direct a planning authority, or two or more such authorities, to— (a) prepare and adopt a regional spatial strategy under section 4ZA(1) in relation to a region specified in the direction, or (b) review an adopted regional spatial strategy. (2) A direction under subsection (1) may require the planning authority (or authorities) to take into account such matters (if any) as are specified in the direction when preparing or reviewing the strategy. (3) Where a direction under this section requires two or more planning authorities to prepare and adopt a regional spatial strategy, they are to co-operate with one another. (4ZE) (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.

Removal of requirement to prepare strategic development plans

6

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

Local development plans

7

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

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

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

(b) after subsection (1) insert—

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

(d) after subsection (2) insert—

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

(e) in subsection (5)—

(i) for “(2)” substitute “ (1)(a) ”,

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

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

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

(v) after paragraph (c) insert—

(ca) the housing needs of the population of the area, including, in particular, the needs of persons undertaking further and higher education, older people and disabled people, (cb) the availability of land in the district for housing, including for older people and disabled people, (cc) the desirability of allocating land for the purposes of resettlement, (cd) the health needs of the population of the district and the likely effects of development and use of land on those health needs, (ce) the education needs of the population of the district and the likely effects of development and use of land on those education needs, (cf) the extent to which there are rural areas within the district in relation to which there has been a substantial decline in population, (cg) the capacity of education services in the district, (ch) the desirability of maintaining an appropriate number and range of cultural venues and facilities (including in particular, but not limited to, live music venues) in the district,

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

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

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

(3) After subsection (5) insert—

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

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

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

(b) in subsection (2)(a)—

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

(ii) after sub-paragraph (i) so formed insert

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

(aa) are to have regard to the desirability of preserving disused railway infrastructure for the purpose of ensuring its availability for possible future public transport requirements, (ab) are to have regard to the list published under section 16E of persons seeking to acquire land in the authority's area for self-build housing,

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

(5) After section 16 insert—

(16A) (1) A planning authority must make such arrangements as they consider appropriate to promote and facilitate participation by children and young people (meaning for the purpose of this section a person aged 25 or under) in the preparation of the local development plan. (2) Without prejudice to the generality of subsection (1), planning authorities must first consider discharging their duty under subsection (1) by means of contact with schools, youth councils and youth parliament representatives within their district. (3) A planning authority must— (a) publish information about its arrangements under subsection (1), and (b) keep the information published up to date.

(6) After section 16A insert—

(16B) (1) Before preparing a local development plan, a planning authority are to prepare an evidence report. (2) In preparing the evidence report the planning authority are to seek the views of, and have regard to any views expressed by— (a) the key agencies, (b) children and young people, in particular school pupils, youth councillors and youth parliament representatives, (c) such other persons as may be prescribed, and (d) the public at large. (3) The evidence report is to— (a) set out the planning authority's view on the matters listed in section 15(5) for land in the part of the authority's district to which the local development plan will relate, (b) set out— (i) a summary of the action taken by the planning authority to support and promote the construction and adaptation of housing to meet the housing needs of older people and disabled people in the authority's area, (ii) an analysis of the extent to which the action has helped to meet those needs, (c) set out— (i) a summary of the action taken by the planning authority to meet the accommodation needs of Gypsies and Travellers in the authority's area, (ii) an analysis of the extent to which the action has helped to meet those needs, (d) set out— (i) how the planning authority have invited local communities in their district to prepare local place plans in accordance with schedule 19, (ii) the assistance provided to local communities to assist them to prepare local place plans, (e) include such other matters as are prescribed. (4) The evidence report is also to include a statement on— (a) the steps taken by the planning authority in preparing the report to seek the views of the public at large, including in particular the views of— (i) disabled persons, (ii) Gypsies and Travellers, and (iii) children and young people, (b) the steps taken by the planning authority in preparing the report to seek the views of community councils, and (c) the extent to which the views expressed under paragraphs (a) and (b) have been taken into account in the report. (5) Before submitting a proposed evidence report under subsection (7), the planning authority must approve the proposed evidence report. (6) Section 56 of the Local Government (Scotland) Act 1973 (arrangements for discharge of functions by local authorities) does not apply to the function of approving a proposed evidence report. (7) The planning authority are to submit the evidence report to the Scottish Ministers. (8) On receiving an evidence report submitted under subsection (7), the Scottish Ministers are to appoint a person to assess whether the report contains sufficient information to enable the planning authority to prepare a local development plan. (9) If, having completed the assessment, the appointed person is satisfied that the evidence report contains sufficient information to enable the planning authority to prepare a local development plan, the person is to notify the Scottish Ministers and the authority accordingly. (10) In any other case, the appointed person is to— (a) prepare a report (an “assessment report”) setting out the reasons for not being so satisfied and recommendations for improving the evidence report received under subsection (7), (b) send a copy of the assessment report to the planning authority and the Scottish Ministers. (11) On receipt of an assessment report the planning authority are to revise the evidence report submitted under subsection (7) and resubmit it to the Scottish Ministers. (12) Subsections (8) to (11) apply to an evidence report submitted under subsection (11) as they do to an evidence report submitted under subsection (7). (13) The Scottish Ministers may make regulations as to— (a) meeting general administrative costs, staff costs and overheads incurred in relation to an assessment under subsection (8), (b) the procedure to be followed in such an assessment (including by making provision that the procedure is to be at the discretion of the appointed person), and (c) what is to be assessed and matters by reference to which the assessment is to be made. (14) In this section— - “accommodation needs” includes, but is not limited to, needs with respect to the provision of sites on which mobile homes may be stationed, - “children and young people” mean persons aged 25 or under, - “community council” means a community council established by a local authority under Part 4 of the Local Government (Scotland) Act 1973, - “disabled person” means a person who is a disabled person for the purposes of the Equality Act 2010, - “Gypsies and Travellers” has the meaning specified in regulations made by the Scottish Ministers. (15) Before making regulations under subsection (14) specifying the meaning of “Gypsies and Travellers”, the Scottish Ministers must consult such persons as they consider appropriate. (16C) (1) The Scottish Ministers may issue guidance to planning authorities about undertaking effective community engagement in relation to the local development plan. (2) Guidance under subsection (1) may include in particular guidance on— (a) how, in preparing a local development plan, planning authorities are to undertake effective community engagement, (b) ways in which planning authorities should consult communities and encourage them to contribute to the preparation of a local development plan, (c) any other matters relevant to the functions of planning authorities in relation to community engagement in local development plans. (3) Before issuing guidance under this section, the Scottish Ministers must consult such persons as they consider appropriate. (4) The Scottish Ministers must publish in such manner as they consider appropriate any guidance issued under this section. (5) A planning authority must have regard to any guidance issued to them under this section. (6) The Scottish Ministers may vary or revoke guidance issued under this section. (16D) (1) A planning authority must assess the sufficiency of play opportunities in its area for children in preparing an evidence report. (2) The Scottish Ministers must by regulations make provisions about— (a) the form and content of the assessment, (b) such persons who must be consulted in relation to the assessment, (c) publication of the assessment.

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

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

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

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

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

(d) after subsection (1) insert—

(1A) Without prejudice to the generality of subsection (1)(d), a planning authority for a district all or part of which falls within the boundary identified by the Central Scotland Green Network Partnership are (for so long as such a body is included in the National Planning Framework as a national development) to consult the Network on the proposed local development plan. (1B) Before publishing a proposed local development plan under subsection (1), the planning authority must approve the plan. (1C) Section 56 of the Local Government (Scotland) Act 1973 (arrangements for discharge of functions by local authorities) does not apply to the function of approving a proposed local development plan.

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

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

(g) in subsection (4)(a)—

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

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

and (iii) if modifications have been made to the proposed plan under subsection (3), a report setting out— (A) the modifications made, and (B) the reasons for making them.

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

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

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

(a) after subsection (5) insert—

(5A) When a request is made under subsection (1), or an appointment is made under subsection (3) without a request having been made, the planning authority must publish in the prescribed manner— (a) the proposed plan, and (b) if modifications were made to the proposed plan under section 18(3) or 19A(5)(b)(i), a report setting out— (i) the modifications made, and (ii) the reasons for making them.

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

(d) after subsection (8), insert—

(8A) Recommendations under subsection (8)(a)(i) may include— (a) recommendations that the planning authority make modifications to the proposed local development plan, (b) in a case where the appointed person considers that a change required is not suitable to be dealt with by such modification, a recommendation that, if adopted, the planning authority should amend the local development plan under section 20AA in relation to such matters as may be specified in the report. (8B) Where a report prepared under subsection (8)(a) includes a recommendation of the type described in subsection (8A)(b), the appointed person must send a copy of the report to the Scottish Ministers.

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

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

(g) subsection (12) is repealed.

(10) After section 19 insert—

(19ZA) (1) This section applies where— (a) a person appointed under subsection (3) of section 19 is conducting an examination of a proposed local development plan under that subsection, and (b) the person is not satisfied that the amount of land allocated for housing in the proposed local development plan is sufficient to meet the targets it includes in relation to the housing needs of people living in the part of the district to which it relates (see section 15(1A)). (2) The appointed person may, instead of preparing a report under section 19(8), issue a notice to the planning authority requiring it to prepare another proposed local development plan under section 18(1). (3) A notice under subsection (2) must include— (a) a statement that the proposed local development plan is unsatisfactory due to its failure to address the identified housing needs, (b) the appointed person's reasons for coming to that conclusion. (4) The appointed person must— (a) send a copy of a notice issued under subsection (2) to the Scottish Ministers, (b) publish it, and (c) notify the persons mentioned in paragraph (b) of section 19(6), and any person who made representations by virtue of section 19A that a notice has been given under subsection (2) (and its effect). (5) A planning authority that receive a notice under subsection (2)— (a) may not take any further action in respect of the unsatisfactory proposed local development plan, and (b) must prepare another proposed local development plan in accordance with section 18. (6) The planning authority may use the evidence report prepared and assessed in respect of the unsatisfactory proposed local development plan for the purpose of subsection (5)(b). (7) In subsection (4)(b), “publish” includes, without prejudice to that expression's generality, publish by electronic means (as for example by means of the internet).

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

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

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

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

(1A) A proposed local development plan may not be adopted before the end of the period that— (a) begins on the day it is submitted to the Scottish Ministers under section 18(4)(a) or (as the case may be) 19A(5)(b)(ii), and (b) ends at the end of the day that falls 28 days later. (1B) Where— (a) a request is made under section 19(1) when a proposed local development plan is submitted to the Scottish Ministers, or (b) no such request is made but, within the 28 day period described in subsection (1A), the Ministers appoint a person under section 19(3), the proposed local development plan may not be adopted until the planning authority have received a report in relation to the plan submitted under section 19(8)(b).

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

(a) after subsection (1) insert—

(1A) In addition to taking the steps required by subsection (1), as soon as reasonably practicable after the local development plan is constituted the planning authority must— (a) in the circumstances described by subsection (1B), publish in the prescribed manner a recommended-modification statement, and (b) in the circumstance described by subsection (1C), publish in the prescribed manner a report on modifications (but this requirement is qualified by subsection (1D)). (1B) The circumstances referred to in subsection (1A)(a) are— (a) a person appointed under section 19(3) recommended a modification to a proposed version of the plan, and (b) the modification was not made. (1C) The circumstance referred to in subsection (1A)(b) is that the constituted plan differs from the proposed plan published under section 18(1)(a) as a result of modifications made under section 18(3), 19(10) or 19A(5)(b)(i). (1D) In a case where a report in relation to a proposed version of the plan has been published as required by section 19(5A)— (a) if no modifications were subsequently made, a report on modifications need not be published, (b) if modifications were subsequently made, the report on modifications need only set out those modifications. (1E) In this section— (a) “recommended-modification statement” means a statement that— (i) sets out the modification mentioned in subsection (1B), and (ii) explains, by reference to the grounds prescribed for the purposes of section 19(10)(a)(i), why the modification was not made, (b) “report on modifications” means a report that sets out— (i) the modifications mentioned in subsection (1C), and (ii) the reasons for making them.

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

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

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

List of persons seeking land for self-build housing

8

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

(2) After section 16D insert—

(16E) (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.

Supplementary guidance

9

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

Key agencies

10

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

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

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

Delivery programmes

11

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

(2) In section 21 (action programmes)—

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

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

(d) after subsection (4) insert—

(4A) It is the duty of the head of the planning authority's paid service (designated under section 4 of the Local Government and Housing Act 1989) to prepare the proposed delivery programme. (4B) The planning authority must approve the proposed delivery programme before it is published. (4C) Section 56 of the Local Government (Scotland) Act 1973 (arrangements for discharge of functions by local authorities) does not apply to the function of approving a proposed delivery programme.

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

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

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

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

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

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

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

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

Amendment of National Planning Framework and local development plans

12

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

(2) After section 3CB insert—

(3CC) (1) The Scottish Ministers may at any time amend the National Planning Framework. (2) Section 3AC applies to amending the National Planning Framework as it applies to preparing or revising it. (3) The Scottish Ministers must by regulations set out the circumstances in which they consider that an amendment would result in a significant change to the policies and proposals for the development and use of land of the most recent National Planning Framework such that would require that the National Planning Framework should be reviewed and revised under sections 3AA to 3CA. (4) The Scottish Ministers may by regulations make further provision about amendments under subsection (1). (5) Regulations under subsection (4) may in particular make provision— (a) about the procedures to be followed, (b) about the consultation to be undertaken on proposed amendments, (c) about when the amendments take effect, (d) about the publication of the amended framework, (e) about the laying of the amended framework before the Scottish Parliament.

(3) After section 20A insert—

(20AA) (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.

Development plan

13

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

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

(1) For the purposes of this Act, any other enactment relating to town and country planning and the Land Compensation (Scotland) Act 1963, the development plan for an area is to be taken as consisting of the provisions of— (a) the National Planning Framework, (b) any strategic development plan for the time being applicable to the area, together with— (i) the Scottish Ministers' notice of approval of that plan, and (ii) any supplementary guidance issued in connection with that plan, and (c) any local development plan for the time being applicable to the area. (2) A reference in subsection (1) to provisions of a framework or plan is to be construed as a reference to so much of the provisions as are applicable to the area. (3) In the event of any incompatibility between a provision of the National Planning Framework and a provision of a local development plan, whichever of them is the later in date is to prevail. (4) For the purposes of subsection (3)— (a) the date of the National Planning Framework is the latest date on which it was published under section 3CA(7), (b) the date of a local development plan is the date on which it was constituted under section 20.

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

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

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

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

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

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

(a) before subsection (1) insert—

(A1) If any person aggrieved by the National Planning Framework desires to question the validity of the framework on the ground— (a) that it is not within the powers conferred by Part 1A, or (b) that any requirement of that Part or of any regulations made under that Part has not been complied with, the person may make an application to the Court of Session under this section.

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

(za) in the case of an application in respect of the National Planning Framework— (i) the date of its publication under section 3CA(7), or (ii) where the grounds of the application arise from an amendment to the National Planning Framework, the date on which the amendment took effect,

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

(ii) after sub-paragraph (i) so formed insert

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

Local place plans

14

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

(2) After section 15 insert—

(15A) 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.

(3) After section 15A insert—

(15B) (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.

(4) In section 16 (preparation and monitoring of local development plans), in subsection (2)(a), after sub-paragraph (ii), insert—

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

(5) If there is no sub-paragraph (ii) of section 16(2)(a) of the Town and Country Planning (Scotland) Act 1997 on the day that subsection (4) comes into force, subsection (4) applies as though for the words “sub-paragraph (ii)” there were substituted “ sub-paragraph (i) ”.

(6) In section 20AA (amendment of local development plan), after subsection (4)(a)(ii), insert—

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

(7) After schedule 18 insert—

SCHEDULE 19 (1) (1) A community body may prepare a local place plan. (2) A local place plan is a proposal as to the development or use of land. (3) It may also identify land and buildings that the community body considers to be of particular significance to the local area. (4) In preparing a local place plan, a community body must— (a) have regard to— (i) the local development plan for the land, or any part of the land, to which the local place plan relates, (ii) the National Planning Framework, (iii) such other matters (if any) as are prescribed, (b) set out reasons for considering that the local development plan should be amended, and (c) comply with any prescribed requirements as to— (i) the form and content of the plan, and (ii) steps which must be taken before preparing the plan. (2) (1) A community body must comply with any prescribed requirements as to— (a) steps which must be taken before submitting a local place plan, (b) how the views of councillors for the area to which the local place plan relates are to be taken into account in the preparation of the local place plan, and (c) information which must be submitted alongside a local place plan. (2) Having complied with any requirements under sub-paragraph (1), a community body may submit a local place plan to the planning authority for the district to which the plan relates. (3) (1) Every planning authority must keep a register of local place plans. (2) When a valid local place plan relating to their district is submitted to them by a community body, a planning authority must— (a) include it in their register, and (b) inform the community body that submitted the plan that it has been registered. (3) If a planning authority decide not to register a local place plan on the basis that it is not valid, the authority must give their reasons for reaching that view to the community body that submitted the plan. (4) A local place plan is valid, for the purpose of this paragraph, if the requirements under paragraphs 1(4) and 2(1) have been complied with in relation to it. (5) The Scottish Ministers may by regulations make provision about— (a) the manner in which a register must be— (i) kept, and (ii) made available to the public, (b) the information about a local place plan that must be included in a register, (c) when a planning authority may, or must, remove a local place plan from their register, causing it to cease to be a registered local place plan. (4) Every planning authority must make publicly available, in the manner prescribed, a map of their district that shows the land to which the local place plans in their register of local place plans relate. (5) In this schedule, “community body” means— (a) a community-controlled body within the definition given in section 19 of the Community Empowerment (Scotland) Act 2015, or (b) a community council established in accordance with Part 4 of the Local Government (Scotland) Act 1973.

15

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

(2) After section 54 insert—

(54A) Schedule 5A— (a) makes provision about the making and alteration of masterplan consent area schemes (including the right to request that a scheme be made or altered), and (b) confers powers on the Scottish Ministers in connection with such schemes. (54B) (1) A masterplan consent area scheme acts as a grant of authorisation for carrying out, within the area to which the scheme relates, development that— (a) is either— (i) specified in the scheme, or (ii) of a description specified in the scheme, and (b) is begun before the end of the day on which the scheme ceases to have effect. (2) Authorisation granted by a scheme is subject to— (a) any conditions, limitations and exceptions specified in the scheme, and (b) any regulations made under paragraph 19 of schedule 5A (read with paragraph 20 of that schedule). (3) In this section, “authorisation” means— (a) planning permission, and (b) if the scheme so provides— (i) consent to the construction of a new road or an extension of an existing road for the purposes of section 21(1) of the Roads (Scotland) Act 1984 (ii) authorisation for works in relation to a listed building for the purposes of section 6 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, and (iii) authorisation for works in relation to a building in a conservation area for the purposes of section 66(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and section 6 of that Act as applied by any regulations under section 66(3) of that Act. (54C) (1) A masterplan consent area scheme may, under section 54B(1)(a), specify— (a) development in the form of self-build housing, or (b) a description of development which includes self-build housing. (2) 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. (3) Nothing in this section is to be construed as limiting the development or a description of development that may be specified under section 54B(1)(a). (54D) (1) Alterations to a scheme have effect from the day they are made. (2) Subsection (3) applies where— (a) development for which authorisation is granted by a scheme has begun, and (b) the scheme is subsequently altered. (3) The authorisation that the scheme grants for the development is unaffected by the alteration, unless the scheme (as altered) provides otherwise. (4) But the scheme may not provide that the alteration affects the authorisation for the development if the effect would be to remove authorisation for anything that was authorised by the scheme when the development began. (54E) (1) The right to carry out development in accordance with authorisation granted by a scheme is unaffected by any limitations or restrictions imposed in relation to any other grant of permission, consent or authorisation. (2) Nothing in a scheme affects the right of any person to— (a) do anything that is not development, or (b) carry out development for which— (i) no permission, consent or authorisation which may be granted by a scheme is required, or (ii) any such permission, consent or authorisation that is required is granted otherwise than under the scheme. (54F) (1) This section makes provision about the interpretation of sections 54B to 54E. (2) References to a scheme are to a masterplan consent area scheme. (3) References to the authorisation granted by a scheme are to be construed in accordance with section 54B(3). (4) References to development include any activity mentioned in section 54B(3)(b) (whether or not it otherwise falls to be regarded as development for the purposes of this Act).

(3) After schedule 5 insert―

SCHEDULE 5A (1) (1) A scheme is to consist of— (a) a map, (b) a written statement, and (c) such diagrams, illustrations and other descriptive matter as the relevant planning authority think appropriate for explaining or illustrating the scheme's provisions. (2) A scheme must specify— (a) the area to which the scheme relates, (b) the development, or descriptions of development, for which the scheme grants authorisation, (c) the date on which the scheme comes into effect, (d) the date on which the scheme ceases to have effect. (3) The Scottish Ministers may by regulations prescribe further information that must be included in a scheme. (4) A scheme may not specify as the date on which it ceases to have effect a date that falls more than 10 years after it comes into effect. (5) In sub-paragraph (1)(c), “the relevant planning authority” means the authority in whose district the area to which the scheme relates lies. (2) (1) A scheme may specify different conditions, limitations or exceptions to the authorisation it confers for different cases. (2) Obtaining a planning authority's consent for development to begin may be specified as a condition of authorisation being conferred by a scheme. (3) (1) A scheme may not include any place which sub-paragraph (4) applies to at the time the scheme is made. (2) A scheme may not be altered so as to include a place that is, at the time the alteration is made, a place to which sub-paragraph (4) applies. (3) For the avoidance of doubt, if— (a) a place is included in an area to which a scheme relates, and (b) that place subsequently becomes a place to which sub-paragraph (4) applies, the place is not, as a result, excluded from the area to which the scheme relates. (4) This sub-paragraph applies to— (a) any place that is or forms part of— (i) a European site as defined in regulation 10(1) of the Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716), (ii) a marine protected area, (iii) a National Scenic Area (see section 263A), (iv) a Ramsar site as defined in section 37A of the Wildlife and Countryside Act 1981, (v) a site of special scientific interest as defined in section 58 of the Nature Conservation (Scotland) Act 2004, (vi) a site included in the World Heritage List (“a world heritage site”) or an area identified in the World Heritage List as a buffer zone for a world heritage site, or (b) any place in respect of which either of the following has effect— (i) a nature conservation order made under Part 2 of the Nature Conservation (Scotland) Act 2004, (ii) a land management order made under that Part of that Act. (5) In sub-paragraph (4)— - “marine protected area” means an area designated by an order under section 67 of the Marine (Scotland) Act 2010 as— 1. a nature conservation area, 2. a demonstration and research marine protected area, or 3. a historic marine protected area, - “World Heritage List” means the list kept in accordance with article 11(2) of the Convention concerning the Protection of the World Cultural and Natural Heritage adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organisation at Paris on 16 November 1972. (6) The Scottish Ministers may by regulations modify sub-paragraphs (4) and (5). (4) At any time, a planning authority may (in accordance with Part 3)— (a) make a scheme for a part of their district, or (b) alter a scheme that relates to an area in their district. (5) (1) Each planning authority must, at least once in each 5-year period, consider whether it would be desirable to— (a) make a scheme for a part or parts of their district, (b) alter a scheme that relates to an area in their district. (2) In sub-paragraph (1), the “5-year period” means— (a) the period of 5 years beginning with the day on which the Bill for the Planning (Scotland) Act 2019 received Royal Assent, and (b) each subsequent period of 5 years beginning with the day on which the authority last published a statement under sub-paragraph (3). (3) After each occasion on which an authority consider the matters mentioned in sub-paragraph (1), they must publish a statement setting out— (a) what they decided, and (b) the reasons for their decision. (4) The Scottish Ministers may by regulations prescribe requirements in respect of the statement mentioned in sub-paragraph (3). (5) The requirements that may be specified under sub-paragraph (4) include, in particular, requirements as to— (a) what information a statement must contain, (b) how it is to be published, and (c) to whom copies of it are to be sent. (6) (1) The Scottish Ministers may at any time direct a planning authority to— (a) make a scheme in such terms as the Scottish Ministers consider appropriate, or (b) alter a scheme in such manner as the Scottish Ministers consider appropriate. (2) It is the duty of a planning authority given a direction under this paragraph to seek to make or (as the case may be) alter a scheme in accordance with the direction. (3) Sub-paragraph (2) does not relieve a planning authority from having to comply with the requirements for making or altering a scheme set out in Part 3. (7) (1) Before making or altering a scheme, a planning authority must— (a) formulate their proposals for the scheme or alteration to be made, having first consulted in accordance with paragraph 8, and (b) consult on their proposals in accordance with paragraphs 9 and 10. (2) Having considered any responses received to the consultation on their proposals (as paragraph 10 requires), the planning authority may (subject to any direction under paragraph 12 or Chapter 1 of Part 4)— (a) make the proposed scheme or alteration, (b) make a scheme or alteration which, in light of the consideration given to responses received to the consultation and any other matters which appear to the authority to be material, differs from what they proposed, or (c) decide not to make any scheme or alteration. (3) If the planning authority wish to make an alteration that would have an effect described in sub-paragraph (1)(b) of paragraph 13, they must wait as required by that paragraph before making the alteration. (8) (1) Before publicising, in accordance with paragraph 9, proposals for making or altering a scheme, a planning authority must— (a) comply with any requirements as to consultation prescribed in regulations under this paragraph, and (b) have regard to any valid representations received from anyone consulted in compliance with those requirements. (2) The Scottish Ministers are to prescribe by regulations requirements about— (a) who a planning authority must consult before determining the content of any proposals which may be publicised in accordance with paragraph 9, (b) how that consultation is to be undertaken, and (c) how representations to the planning authority must be made by anyone consulted if they are to be treated as valid representations for the purpose of sub-paragraph (1)(b). (3) Without prejudice to the generality of sub-paragraph (2), regulations made under this paragraph may— (a) require a planning authority to consult the public (or a portion of the public), or (b) empower the Scottish Ministers to direct an authority to do so in particular cases. (9) (1) Before making or altering a scheme, a planning authority must— (a) comply with the requirements for publicising, and inviting representations in relation to, their proposals for making or altering the scheme, and (b) wait until the period for representations has expired. (2) The Scottish Ministers are to prescribe by regulations— (a) the requirements for publicising and inviting representations in relation to proposals for making or altering a scheme, and (b) the period for representations. (10) (1) Where a planning authority have received validly submitted representations in relation to their proposals for making or altering a scheme, they may not make the proposed scheme or alteration (whether in the terms proposed or otherwise) until they have considered the representations. (2) For the purpose of this paragraph, representations are validly submitted if— (a) they are submitted within the period for representations prescribed under paragraph 9(2), and (b) they comply with any requirements prescribed by the Scottish Ministers in regulations under this sub-paragraph about how representations must be submitted. (11) (1) The Scottish Ministers may by regulations prescribe circumstances in which, to fulfil the requirement under paragraph 10(1), a planning authority must give a person of a description prescribed in the regulations an opportunity to appear before and be heard by a committee of the authority. (2) The requirement under paragraph 10(1) for a planning authority to consider representations includes any representations made at a hearing required by regulations under sub-paragraph (1). (3) Each planning authority is to make such rules as they consider appropriate in relation to— (a) the procedures in accordance with which any hearing required by regulations under sub-paragraph (1) is arranged and conducted (including, without prejudice to the generality of this sub-paragraph, procedures for ensuring relevance and avoiding repetition), (b) any other procedures consequent upon such a hearing, (c) any right of attendance at such a hearing (other than for the purpose of appearing before, and being heard by, a committee). (4) Any requirement to hold hearings created by regulations under sub-paragraph (1) is subject to paragraph 14(3)(b). (12) (1) The Scottish Ministers may direct a planning authority to notify them, as soon as reasonably practicable, of any proposals for making or altering a scheme that the authority have publicised in accordance with paragraph 9. (2) Where a planning authority are required by a direction under this paragraph to notify the Scottish Ministers of their proposals, the authority may not make the proposed scheme or alteration (whether in the terms proposed or otherwise) until the period provided for in the direction has ended. (3) A direction under this paragraph may— (a) be addressed to a particular authority or all authorities, (b) require that the Scottish Ministers be notified of proposals if— (i) the proposals are of a description specified in the direction, or (ii) an event specified in the direction occurs in connection with the proposals, (c) provide for the period in the direction to be either— (i) a specified period of time, or (ii) an indefinite period that ends only when the Scottish Ministers tell the authority it has ended. (13) (1) Sub-paragraph (2) applies where, having completed the consultation process in relation to their proposals for altering a scheme— (a) a planning authority intend to alter the scheme (whether in the terms proposed or otherwise), and (b) the intended alteration would have the effect of— (i) excluding a place from the area to which the scheme relates, (ii) withdrawing authorisation granted by the scheme, or (iii) making the authorisation granted by the scheme subject to new or more stringent conditions, limitations or exceptions. (2) The intended alteration may not be made before the end of the day that falls 12 months after the consultation process was completed. (3) For the purpose of this paragraph, the consultation process in relation to proposals to alter a scheme is completed— (a) on the last day of hearings in relation to the proposals required by regulations under paragraph 11(1), or (b) if no such hearings are required in relation to the proposals, on the last day that representations in relation to the proposals could be validly submitted for the purpose of paragraph 10. (14) (1) For the purposes of this Chapter, a call-in direction is a direction given to a planning authority by the Scottish Ministers in relation to the authority's proposals for making or altering a scheme. (2) A call-in direction may be given in relation to an authority's proposals at any time prior to the authority making the proposed scheme or alteration (whether in the terms proposed or otherwise). (3) Once a planning authority have been given a call-in direction, the authority— (a) may not make the proposed scheme or alteration (whether in the terms proposed or otherwise), and (b) must not begin, or as the case may be proceed with, any hearings in relation to the proposals that would (but for this paragraph) be required by regulations under paragraph 11(1). (15) (1) Where a call-in direction has been given in relation to a planning authority's proposals for making or altering a scheme, the Scottish Ministers may— (a) make the scheme or alteration proposed, (b) make a scheme or alteration that is different from what the authority proposed, or (c) decline to make any scheme or alteration. (2) In considering what to do under sub-paragraph (1), the Scottish Ministers may take matters into account despite their not having been taken into account by the planning authority in formulating their proposals. (3) The Scottish Ministers may, for the purpose of deciding what to do under sub-paragraph (1), cause a local inquiry or other hearing to be held by a person appointed by them. (4) If— (a) the Scottish Ministers decide to alter a scheme under sub-paragraph (1), and (b) the alteration they intend to make would have one of the effects described in paragraph 13(1)(b), they may not make the alteration until the end of the day that falls 12 months after the day on which they decided to make the alteration. (16) (1) The Scottish Ministers may (in accordance with paragraph 17) make, or alter, a scheme if— (a) they have given a planning authority a direction under paragraph 6, and (b) they are satisfied that the planning authority are not fulfilling the duty arising from that direction within a reasonable period. (2) In order to satisfy themselves of the matter mentioned in sub-paragraph (1)(b), the Scottish Ministers must cause a local inquiry or other hearing to be held by a person appointed by them. (17) (1) Unless stated otherwise, the enactments mentioned in sub-paragraph (2) apply to the making, or alteration, of a scheme by the Scottish Ministers under paragraph 16— (a) as they apply to the making or (as the case may be) alteration of a scheme by a planning authority, but (b) subject to the modifications set out in sub-paragraphs (3) to (6). (2) The enactments referred to in sub-paragraph (1) are— (a) Part 3, and (b) any regulations made under— (i) Part 3, or (ii) paragraph 22. (3) References to a planning authority are to be read as references to the Scottish Ministers. (4) References to a planning authority's district are to the district in which the area to which the scheme relates lies (or would lie were the scheme or alteration in question made). (5) References to a committee of a planning authority are to— (a) the Scottish Ministers, or (b) a person appointed by the Scottish Ministers to discharge the function in question on their behalf. (6) Requirements to— (a) consult, and (b) send things to, the Scottish Ministers do not apply. (18) (1) Having incurred costs in complying with an enactment mentioned in paragraph 17(2) in connection with making or altering a scheme under paragraph 16, the Scottish Ministers may require the relevant planning authority to pay them― (a) an amount equal to the costs they incurred, or (b) such lesser amount as they consider appropriate. (2) In sub-paragraph (1) “the relevant planning authority” is the authority in whose district the area to which the scheme relates lies (or would have lain had it been made). (19) (1) The Scottish Ministers may by regulations provide that no scheme grants authorisation in relation to development of a kind described in the regulations. (2) Regulations under this paragraph may describe a kind of development by reference to its being development of land that is specified, or of a description specified, in the regulations. (3) Sub-paragraph (2) is not exhaustive of the ways in which kinds of development can be described in regulations under this paragraph. (20) If a scheme has conferred authorisation in relation to development of a kind that regulations under paragraph 19 state cannot be granted authorisation by a scheme— (a) the scheme ceases to have the effect of granting authorisation for any new development of that kind from the date the regulations prescribe, but (b) the authorisation granted by the scheme is unaffected by the regulations in relation to development begun before that date. (21) (1) The Scottish Ministers may give a planning authority a direction— (a) about how the authority are to formulate their procedures for carrying out their functions under this schedule, (b) requiring that the authority provide the Scottish Ministers with information specified in the direction. (2) A planning authority must comply with any direction given under sub-paragraph (1). (3) Information may not be specified under sub-paragraph (1)(b) unless it is information that the Scottish Ministers require for carrying out their functions under this schedule. (22) (1) The Scottish Ministers may make regulations about— (a) the form and content of schemes, and (b) the procedure to be followed in connection with making and altering schemes. (2) Regulations under this paragraph may in particular— (a) provide for the publicity to be given to— (i) matters included, or proposed for inclusion in, a scheme, (ii) the making or alteration of a scheme, (iii) any procedural step in relation to the making or alteration of a scheme, (b) make provision with respect to the making and consideration of representations concerning— (i) whether a scheme should be made, (ii) what should be included in a scheme, (c) require, or authorise, consultation with persons identified in the regulations (by name or description) prior to the taking of steps in the process of making or altering a scheme, (d) require a planning authority, in circumstances prescribed in the regulations, to give anyone who requests them copies of documents which have been made public, (e) allow a planning authority to impose a reasonable charge on anyone given a copy of a document in accordance with provision made by virtue of paragraph (d), (f) provide for the publication and inspection of— (i) any scheme which has been made, or (ii) a document setting out alterations that have been, or are to be, made to a scheme, (g) provide for the sale of copies of— (i) schemes, and (ii) any document that sets out alterations that have been, or are to be, made to a scheme. (23) Section 54F applies to the interpretation of this schedule as it does to sections 54B to 54E. (24) (1) Where a period is described in this schedule (in whatever terms) as ending after a specified number of months or years— (a) if the final month has a day corresponding to the day of the month on which the period began, the period ends at the end of that day of the final month, (b) if the final month is shorter than the month in which the period began and so does not have a corresponding day, the period ends on the last day of the final month. (2) In sub-paragraph (1), “the final month” means the month arrived at by counting forwards the specified number of calendar months or years from the month in which the period began. (3) For example, if a period described as ending after 6 months begins on 31 August it ends on 28 February (or 29 February in a leap year).

Bar to creation of new simplified planning zones

16

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

(2) In section 50 (making of simplified planning zone schemes)—

(a) subsection (1) is repealed,

(b) in subsection (2)—

(i) for the words from the beginning of the subsection to the end of paragraph (a), substitute “ A planning authority may at any time decide― ”,

(ii) in paragraph (b), after “a” insert “ simplified planning zone ”,

(3) The section title of section 50 becomes “ Alteration of simplified planning zone schemes ”.

(4) In schedule 5 (simplified planning zones)—

(a) in paragraph 2—

(i) the words “make or” are repealed,

(ii) in paragraph (b), the words “the scheme or” are repealed,

(b) the italic heading preceding paragraph 2 becomes “ Notification of proposals to alter scheme ”,

(d) in paragraph 3(2)—

(i) paragraph (a) is repealed,

(ii) in paragraph (b), for “that period”, substitute “ the 12 months preceding the request ”,

(e) the italic heading preceding paragraph 3 becomes “ Power of Secretary of State to direct alteration of scheme ”,

(f) in paragraph 4(1)—

(i) paragraph (a) is repealed,

(ii) in paragraph (b), for “he considers” substitute “ the Scottish Ministers consider ”,

(iii) the words “, in either case,” are repealed,

(iv) the words “making or, as the case may be,” are repealed,

(g) in paragraph 4(2), for “sub-paragraph (1)(a) or (b), substitute “ sub-paragraph (1)(b) ”,

(h) in paragraph 5(1), the words “make or” are repealed,

(i) in paragraph 5(3)(a), the words “make or” are repealed,

(j) in paragraph 6—

(i) the words “prepared a proposed simplified planning zone scheme, or” are repealed,

(ii) in each place they occur, the words “scheme or” are repealed,

(k) in paragraph 7(1), the words “scheme or” are repealed,

(l) in paragraph 11(1)—

(i) for paragraph (a), substitute—

(a) a planning authority are directed under paragraph 3 to alter a simplified planning zone scheme in such manner as the Scottish Ministers consider appropriate, and

(ii) in paragraph (b), the words “making or, as the case may be,” are repealed,

(iii) the words “a scheme or, as the case may be,” are repealed.

PART 3 — Development management

Meaning of “development”

Meaning of “development”: use of dwellinghouse for short-term holiday lets

17

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

(2) After section 26A insert—

(26B) (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.

Applications

Pre-application consultation

18

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

(2) In section 35A (pre-application consultation: preliminary)—

(a) in subsection (1A)—

(i) the words “to which section 42 applies” become paragraph (a),

(ii) after paragraph (a), insert

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

(b) in subsection (3), for “the development is of a class prescribed under subsection (1)” substitute “ compliance with section 35B is required ”,

(d) in subsection (9), for “the development is not of a class prescribed under subsection (1)” substitute “ compliance with section 35B is not required ”.

(3) In section 35B (pre-application consultation: compliance), in subsection (3), after “weeks” insert “ , but no more than 18 months, ”.

(4) In section 35C (pre-application consultation report), in subsection (2), after “form” insert “ and include such content ”.

Assessment of health effects

19

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

(2) After section 40 insert—

(40A) The Scottish Ministers must by regulations make provision about the consideration to be given, before planning permission for a national development or a major development is granted, to the likely health effects of the proposed development.

Regulations about procedure for certain applications

20

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

(2) In section 42 (determination of applications to develop land without compliance with conditions previously attached), for subsection (3), substitute—

(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.

Removal of requirement to recover costs before determining certain applications

21

Section 34(4)(c) of the Town and Country Planning (Scotland) Act 1997 is repealed.

Declining to determine an application

22

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

(2) In section 39(1) (declining to determine an application), in each of the following paragraphs, for “two” substitute “ 5 ”

(a) paragraph (a)(i),

(b) paragraph (b)(i),

(d) paragraph (d)(i),

(e) paragraph (e)(i).

Notice by planning authority of certain applications made to them

23

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

(2) In section 34 (notice by planning authority of certain applications made to them), after subsection (2), insert—

(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.

Assessment of environmental effects

24

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

(2) In section 40 (assessment of environmental effects)—

(a) in subsection (1), after “effects” insert “ , including effects on biodiversity, ”,

(b) after subsection (4) insert—

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

Conditional grant of planning permission: noise-sensitive developments

25

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

(2) After section 41 insert—

(41A) (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.

Conditional grant of planning permission: provision of toilet facilities within certain large developments

26

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

(2) After section 41A insert—

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Planning (Scotland) Act 2019

PART 1 — Development planning

Development planning

Purpose of planning

1

National Planning Framework

2

Open space strategy

3

Housing needs of older people and disabled people: parliamentary report

4

Strategic development: regional spatial strategies

5

Removal of requirement to prepare strategic development plans

6

Local development plans

7

List of persons seeking land for self-build housing

8

Supplementary guidance

9

Key agencies

10

Delivery programmes

11

Amendment of National Planning Framework and local development plans

12

Development plan

13

Local place plans

Local place plans

14

PART 2 — Masterplan consent areas

Masterplan consent area schemes

15

Bar to creation of new simplified planning zones

16

PART 3 — Development management

Meaning of “development”

Meaning of “development”: use of dwellinghouse for short-term holiday lets

17

Applications

Pre-application consultation

18

Assessment of health effects

19

Regulations about procedure for certain applications

20

Removal of requirement to recover costs before determining certain applications

21

Declining to determine an application

22

Notice by planning authority of certain applications made to them

Notice by planning authority of certain applications made to them

23

Assessment of environmental effects

Assessment of environmental effects

24

Conditional grant of planning permission: noise-sensitive developments

Conditional grant of planning permission: noise-sensitive developments

25

Conditional grant of planning permission: provision of toilet facilities within certain large developments

Conditional grant of planning permission: provision of toilet facilities within certain large developments

26