Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

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

articles Not indexed

Reform history JSON API

(41B) (1) Without prejudice to the generality of section 41(1), a planning authority may grant planning permission for a development that falls within subsection (2) only on condition that the development includes at least one toilet facility described in subsection (3). (2) A development that is the subject of an application for planning permission falls within this subsection if it is for the construction of a building, structure or other erection for use for any of the following purposes— (a) as a school, college or university, (b) as a community centre, sports and leisure centre, or similar public building, (c) as a hospital or other facility for the provision of health services, (d) as a retail outlet the gross floor space of which is or exceeds 10,000 square metres, (e) as a cultural centre, such as a museum, concert hall or art gallery, (f) as a stadium or large auditorium, (g) as a major transport terminus or interchange, (h) as a motorway service facility. (3) The toilet facility mentioned in subsection (1) is an accessible public facility which— (a) has sufficient space, being not less than 12 square metres, to allow up to two carers to assist an adult to use the toilet and the equipment mentioned in paragraph (c), (b) has a centrally-placed toilet with sufficient space, being not less than 1 metre, from the wall on either side for carers to assist an adult to use the toilet, (c) includes— (i) a height-adjustable changing bench of a size suitable for an adult, (ii) a tracking hoist able to cover the full floor area of the facility, (d) is equipped with— (i) a non-slip floor surface, (ii) a screen or curtain, (iii) a supply of hygienic disposable covering for the changing bench, (iv) suitable waste disposal facilities, (v) a shelf suitable for temporary placing of colostomy bags and related equipment. (4) The Scottish Ministers may by regulations— (a) amend subsection (2) so as— (i) to add, amend or remove a purpose, or (ii) to describe other types of development that fall within subsection (2), (whether or not by reference to the development's use for a particular purpose) and to amend or remove such types, (b) specify that the requirement in subsection (1) does not apply— (i) to a particular building, structure or erection, (ii) to such descriptions of buildings, structures or erections as may be prescribed, or (iii) in such circumstances as may be prescribed, (c) amend the description of toilet facility in subsection (3).

Delegation of development decisions

27

(1) Subsection (6A) of section 56 (arrangements for discharge of functions by local authorities) of the Local Government (Scotland) Act 1973 is repealed.

(2) Subsection (2) of section 14 (pre-determination hearings) of the Planning etc. (Scotland) Act 2006 is repealed.

Schemes of delegation

28

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

(2) For section 43A substitute—

(43A) (1) A “scheme of delegation” is a scheme prepared by a planning authority by which an application falling within subsection (4) is to be determined by a person appointed by them (an “appointed person”). (2) A planning authority must prepare and keep under review a scheme of delegation and, without limit to that generality, must review it— (a) at such intervals as are provided in regulations made under section 43AB, and (b) whenever required to do so by the Scottish Ministers. (3) A planning authority may make changes to their scheme of delegation following a review. (4) The applications falling within this subsection are— (a) an application for planning permission for a development within the category of local developments, (b) an application for consent, agreement or approval required by a condition imposed on a grant of planning permission for a development within the category of local developments, (c) an application for any approval of the planning authority required under a development order, (d) an application for a certificate of lawfulness of existing use or development under section 150, (e) an application for a certificate of lawfulness of proposed use or development under section 151, (f) an application for advertisement consent required by virtue of regulations made under section 182. (5) References in subsection (4)(a) to a development do not include references to a development of a class mentioned in section 38A(1). (6) A planning authority may, if they think fit, decide to determine an application which would otherwise fall to be determined by the appointed person under the scheme of delegation. (7) Where the planning authority make such a decision they must— (a) include in the decision a statement of the reasons as to why it has been made, and (b) serve a copy of the decision on the applicant. (8) A planning authority may not delegate the determination of applications falling within subsection (4) to an officer of the authority otherwise than in accordance with a scheme of delegation prepared under this section. (43AA) (1) A determination of an appointed person is to be treated as that of the planning authority (other than for the purposes of section 43AC, section 47 and section 154). (2) Where an application for planning permission falls to be determined by an appointed person, sections 27A(2), 27B(2), 30(3), 32A, 37(1) to (3), 38, 39, 40, 41(1) and (2), 42, 43(1) to (2), 46, 58, 59 and 60 and Part 1 of schedule 3 apply, with any necessary modifications (including, in the case of that Part, the modification mentioned in subsection (3)), as they apply to an application which falls to be determined by the planning authority. (3) The modification referred to in subsection (2) is that, in paragraph 1(6) of schedule 3, paragraph (b) is to be read as if there were substituted— (b) is to be regarded for the purposes of section 43AC as a condition imposed by a decision of the appointed person, and may accordingly be the subject of a review under section 43AC. (4) Where an application for an approval of the planning authority required under a development order falls to be determined by an appointed person, the development order applies, with any necessary modifications, as it applies to an application which falls to be determined by the planning authority. (5) Where an application for a certificate under section 150 or section 151 falls to be determined by an appointed person, section 150 or, as the case may be, section 151, and section 152 apply, with any necessary modifications, as they apply to an application which falls to be determined by the planning authority. (6) In this section, “appointed person” is to be construed in accordance with section 43A(1). (43AB) (1) The Scottish Ministers may by regulations make provision about— (a) the required form and content of a scheme of delegation, and (b) the procedures for preparing, adopting, reviewing and changing such a scheme. (2) Without limiting the generality of subsection (1), the regulations may require the planning authority to— (a) provide the Scottish Ministers with a draft of a scheme of delegation or any proposed changes, (b) make such modifications as are specified by the Scottish Ministers before adopting the scheme, (c) comply with such directions as are given by the Scottish Ministers in relation to the form, content or procedures for a scheme of delegation. (3) A planning authority must have regard to any guidance issued by the Scottish Ministers when preparing, adopting, reviewing or changing a scheme of delegation. (43AC) (1) Where an appointed person— (a) refuses an application for planning permission or grants it subject to conditions, (b) refuses an application for any consent, agreement or approval of the planning authority required by a condition imposed on a grant of planning permission or grants it subject to conditions, (c) refuses an application for any approval of the planning authority required under a development order or grants it subject to conditions, (d) refuses an application for a certificate under section 150 or 151 (in whole or in part), or (e) has not given notice of the appointed person's decision within the relevant period, the applicant may require the planning authority to review the case. (2) A requirement to review may not be made by virtue of paragraph (e) of subsection (1) if, within the relevant period, notice has been given to the applicant that— (a) the power under section 39 to decline to determine the application has been exercised, or (b) the application has been referred to the Scottish Ministers in accordance with directions given under section 46. (3) Where a requirement to review is made by virtue of paragraph (e) of subsection (1), the appointed person is, for the purposes of the review, to be deemed to have decided to refuse the application. (4) On a review, the planning authority may— (a) in relation to a review of a decision required by virtue of paragraph (d) of subsection (1)— (i) grant or refuse the applicant a certificate under section 150 or 151 accordingly (in whole or in part), (ii) modify the certificate granted by the appointed person, (iii) uphold the determination to refuse the application (or to refuse it in part), (b) in relation to any other review— (i) uphold, reverse or vary any part of the determination (whether the review relates to that part of it or not), and (ii) deal with the application as if it had not been delegated to the appointed person. (5) Except as provided under section 239, the decision of a planning authority in a case reviewed by virtue of this section is final. (6) In this section, “appointed person” is to be construed in accordance with section 43A(1). (7) For the purposes of this section, the “relevant period” is— (a) such period as may be prescribed by regulations or a development order, or (b) such other period as may be agreed in writing between the applicant and the planning authority (or the appointed person on their behalf) in respect of the application (whether before or after it is made). (43AD) (1) The Scottish Ministers may by regulations or a development order make provision as to the form and procedures of any review conducted by virtue of section 43AC. (2) Without limiting the generality of subsection (1), the regulations or order may— (a) make different provision for different cases or types of case, (b) make different provision for different stages of a case, (c) provide that the manner in which the review, or any stage of the review, is to be conducted (as for example whether oral submissions are to be made or written submissions lodged) is to be at the discretion of the planning authority, (d) make provision in relation to oral or written submissions and to documents in support of such submissions (and also about the consequences of any failure to make such submissions), (e) subject to section 43B, make provision about what matters may be raised in the course of the review, (f) make provision in relation to time limits (including a time limit for requiring the review), (g) require the planning authority to give notice to the person who has required the review about how the review has been dealt with. (3) Any notice given by virtue of subsection (2)(g)— (a) must include a statement of— (i) the terms in which the planning authority have decided the case, and (ii) the reasons on which the authority based that decision, and (b) may include such other information as is prescribed by the regulations or the order.

(3) In section 47 (right to appeal against planning decisions and failure to take such decisions)—

(a) in subsection (2), after paragraph (a) insert—

(aa) notice of their decision on a review required by virtue of paragraph (e) of section 43AC(1),

(b) after subsection (2) insert—

(2A) Subsection (2)(a) does not apply where the applicant may require a review under section 43AC(1)(e).

(4) In section 154 (appeals against refusal or failure to give decision on application for certificates under section 150 and 151)—

(a) in subsection (1)—

(i) the “or” at the end of paragraph (a) is repealed,

(ii) after paragraph (b) insert

or (c) the planning authority do not give notice to the applicant of their decision on a review required by virtue of paragraph (e) of section 43AC(1) within such period as is prescribed by regulations or a development order or within such extended period as may at any time be agreed in writing by the applicant and the authority,

(b) after subsection (1) insert—

(1A) But— (a) an appeal may not be made under subsection (1)(a) in relation to any such action on the part of the planning authority as is mentioned in section 237(3A), (b) an appeal may not be made under subsection (1)(b) where the applicant may require a review under section 43AC(1)(e).

Call-in of applications by Scottish Ministers: further provision

29

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

(2) After section 46 insert—

(46A) (1) The Scottish Ministers must lay before the Scottish Parliament and publish, in such manner as they consider appropriate, a statement setting out the circumstances in which they consider it appropriate to give directions as mentioned in section 46(1). (2) The Scottish Ministers may from time to time publish a revised or replacement statement under subsection (1).

Determination of applications: statement to accompany notification

30

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

(2) In section 37 (determination of applications: general considerations), after subsection (2) insert—

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

Agreements relating to period before which an appeal may be made

31

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

(2) In section 47 (right to appeal against planning decisions and failure to take such decisions)—

(a) in subsection (2), in the closing words, for the words from “such” where it first occurs to the end substitute “ the relevant period. ”,

(b) in subsection (4)(b), for the words from “period” where it first occurs to the end substitute “ relevant period ”,

(6) For the purposes of subsection (2), the “relevant period” is— (a) such period as may be prescribed by regulations or a development order, or (b) such other period as may be agreed in writing between the applicant and the authority in respect of the application (whether before or after it is made).

Duration of planning permission

32

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

(2) In section 41 (conditional grant of planning permission), in subsection (1), after paragraph (b) insert—

(c) for identifying (whether by means of a specified time period or otherwise) when the applicant may be required to— (i) make an application for a consent, agreement or approval, or (ii) carry out some other action in connection with the permission or development.

(3) In section 58 (duration of planning permission)—

(a) for subsections (1) to (3) substitute—

(1) Where a planning permission to which this section applies is granted or deemed to be granted, it must be granted or, as the case may be, is to be deemed to be granted subject to the condition that the development to which it relates must be begun not later than the expiration of— (a) 3 years beginning with the date on which the permission is granted or, as the case may be, deemed to be granted, or (b) such other period (whether longer or shorter) as the authority concerned may specify when granting the permission or, as the case may be, in making a direction under section 57. (2) If planning permission is granted or is deemed to be granted without the condition required by subsection (1), the permission is deemed to be subject to the condition that the development to which it relates must be begun not later than the expiration of 3 years beginning with the date on which the permission is granted or, as the case may be, deemed to be granted. (3) If development has not begun at the expiration of the period mentioned in paragraph (a) or (b) of subsection (1) or, as the case may be, subsection (2), the planning permission lapses.

(b) in subsection (3A)—

(i) in the opening words, for “(2)”, substitute “ (1)(b) ”,

(ii) for paragraph (a) substitute—

(a) beginning with the date on which the planning permission is granted or deemed to be granted, and

(4) In section 59 (planning permission in principle), for subsections (2) to (8), substitute—

(2A) Where planning permission in principle is granted, it must be granted subject to the condition that the development to which it relates must be begun not later than the expiration of— (a) 5 years beginning with the date on which the permission is granted, or (b) such other period (whether longer or shorter) as the authority concerned may specify when granting the permission. (2B) If planning permission in principle is granted without the condition required by subsection (2A), the permission is deemed to be subject to the condition that the development to which it relates must be begun not later than the expiration of 5 years beginning with the date of the grant. (2C) If development has not begun at the expiration of the period mentioned in paragraph (a) or (b) of subsection (2A) or, as the case may be, subsection (2B), the planning permission in principle lapses. (2D) A period specified under subsection (2A)(b) is to be a period— (a) beginning with the date on which the planning permission in principle is granted, and (b) which the authority concerned consider appropriate having regard to the provisions of the development plan and to any other material considerations.

(5) In section 60 (provisions supplementary to sections 58 and 59), for subsection (2) substitute—

(2A) Where a planning authority grants planning permission, the fact that any of the conditions of the permission are required by the provisions of section 58 or 59 to be imposed, or are deemed by those sections to be imposed, does not prevent the conditions being the subject of a review under section 43AC or an appeal under section 47.

Completion notices

33

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

(2) In section 61 (termination of planning permission by reference to time limit: completion notices), after subsection (3) insert—

(3A) A completion notice must also— (a) state that a person on whom it is served may lodge an objection, (b) specify the date on which the notice will take effect if no objection is lodged before that date. (3B) The date so specified must be a date at least 28 days after the date on which the notice is served.

(3) In section 62 (effect of completion notice)—

(a) in subsection (1), for the words from “shall” to the end substitute

takes effect— (a) on the date specified in it, unless before that date an objection is lodged under section 62A(1), (b) where an objection is lodged under section 62A(1), only if and when the notice is confirmed by the Scottish Ministers.

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

(i) for “Secretary of State” substitute “ Scottish Ministers ”,

(ii) for “subsection (2)” substitute “ section 62A(5) ”.

(4) After section 62, insert—

(62A) (1) A person on whom a completion notice is served may, prior to the date specified in it, lodge an objection to the notice with the planning authority which served it. (2) Where an objection is lodged under subsection (1), the planning authority must give notice of the objection to— (a) every person who was served with the completion notice, and (b) the Scottish Ministers. (3) Before confirming a completion notice, the Scottish Ministers must allow the following people the opportunity to make representations to a person appointed for the purpose by the Scottish Ministers— (a) the person who lodged the objection, and (b) the planning authority. (4) The Scottish Ministers must give notice of their decision as to whether or not to confirm the completion notice to— (a) every person who was served with the completion notice, and (b) the planning authority. (5) In confirming a completion notice, the Scottish Ministers may substitute a longer period for that specified in the notice as the period at the expiration of which the planning permission is to cease to have effect.

(5) In section 182 (regulations controlling display of advertisements), in subsection (3)(a), for “62” substitute “ 62A ”.

(6) In section 237 (validity of certain decisions), in subsection (3)(c), for “62” substitute “ 62A ”.

Planning obligations

Planning obligations: financial agreements

34

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

(2) In section 75 (planning obligations)—

(a) in subsection (1), for the words from “an obligation” to the end substitute “ a planning obligation. ”,

(b) after subsection (1), insert—

(1A) For the purpose of this section and sections 75A to 75C, a planning obligation is an obligation which does any of the following— (a) restricts or regulates the development or use of land, (b) requires the payment— (i) of a specified amount or an amount determined in accordance with the relevant instrument, or (ii) of periodical sums either indefinitely or for such period as is specified in the relevant instrument.

(c) in subsection (2), for “subsection (1), the reference in that subsection” substitute “ paragraph (a) of subsection (1A), the reference in that paragraph ”,

(d) in subsection (3)—

(i) after paragraph (a), insert—

(aa) impose a restriction or requirement either permanently or during such period as is specified in the relevant instrument,

(ii) paragraph (b) is repealed,

(e) in subsection (5)(a), for “(2) or (3)(b)” substitute “ (1A)(b) or (2) ”,

(f) after subsection 12, insert—

(13) In this section and in sections 75A to 75C, “relevant instrument” means the instrument by which a planning obligation is entered into.

(3) In section 75C (planning obligations: continuing liability of former owner etc.), in subsection (3), for “(2) or (3)(b)” substitute “ (1A)(b) or (2) ”.

Planning obligations: publication

35

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

(2) In section 75 (planning obligations), after subsection (4), insert—

(4A) A planning authority are to publish a relevant instrument in such a manner as they consider sufficient to ensure that it is brought to the attention of residents of the area or district to which the relevant planning obligation relates.

(3) In section 75A (modification and discharge of planning obligations), after subsection (5) insert—

(5A) A planning authority are to publish— (a) an agreement under subsection (1)(a), and (b) a notice of a determination under subsection (4), in such a manner as they consider sufficient to ensure that it is brought to the attention of residents of the area or district to which the relevant planning obligation relates.

Planning obligations: annual report

36

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

(2) In section 36 (registers of applications etc.), after subsection (4), insert—

(5) As soon as reasonably practicable after the end of each financial year, a planning authority are to prepare and publish a report detailing— (a) the number of planning obligations that are— (i) entered into in that year, (ii) entered into in a previous year and not yet expired, (iii) entered into in a previous year and not yet complied with, (b) the development to which each planning obligation relates, and (c) the name of the person that has entered into the planning obligation. (6) In this section a financial year is the period of 12 months beginning with 1 April.

Planning obligations: modification or discharge

37

(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), in subsection (2)(d), for “agreement” substitute “ modification or discharge of a planning obligation ”.

(3) In section 43 (directions etc. as to method of dealing with applications), in subsection (4)—

(a) the words “the giving of any agreement under subsection (2) of section 75A or” are repealed,

(b) for “subsection (4) of that section” substitute “ section 75A(4) ”.

(4) In section 75A (modification and discharge of planning obligations)—

(a) in subsection (1)—

(i) in paragraph (a)—

(A) after “agreement” insert “ in writing ”,

(B) the words “, by virtue of subsection (2),” are repealed,

(ii) in paragraph (b), for “and” substitute “ or ”,

(b) in subsection (2)—

(i) for the words “their agreement that the obligation” substitute “ the obligation to ”,

(ii) in paragraph (a), for the words from the start to “be” substitute “ be modified as ”,

(d) in subsection (4)(c), for “the modifications specified in the application” substitute “ modifications ”,

(e) after subsection (4), insert—

(4A) Where the authority propose to make a determination under subsection (4)— (a) discharging the planning obligation despite that not being sought in the application, or (b) modifying the planning obligation in a way that is not sought in the application, they must obtain the applicant's consent before making the determination. (4B) Where the authority propose to make a determination under subsection (4) modifying the planning obligation so as to put or increase a burden on any non-applicant, they must obtain that person's consent before making the determination. (4C) Where an application under subsection (2) relates to more than one planning obligation, the authority may make a separate determination in relation to each planning obligation.

(f) in subsection (5)—

(i) the words “the applicant” become paragraph (a),

(ii) after paragraph (a), insert

, and (b) any non-applicant against whom the planning obligation is enforceable,

(iii) the words “within such period as is prescribed.” become the closing words,

(g) in subsection (6), after “where” insert “ an agreement under subsection (1)(a) or ”,

(h) in subsection (7), after “applies” insert

— (a) in a case relating to an agreement under subsection (1)(a), the agreement does not take effect until the date on which it is recorded in the Register of Sasines or registered in the Land Register, and (b) in a case relating to a determination under subsection (4)(b) or (c),

(i) in subsection (9)—

(i) in paragraph (b), after “publication of” insert “ or giving of ”,

(ii) after paragraph (b), insert—

(ba) the giving of notice of proposed determinations to which subsection (4A) applies,

(iii) in paragraph (c), after “application” insert “ or proposed determination ”,

(j) in subsection (10), after “(4)” insert “ , (4A), (4B), (4C) ”.

(5) In section 75B (appeals)—

(a) in subsection (4)(c), for “the modifications specified in the application” substitute “ modifications ”,

(b) after subsection (4), insert—

(4A) Where the Scottish Ministers propose to make a determination under subsection (4)— (a) discharging the planning obligation despite that not being sought in the application, or (b) modifying the planning obligation in a way that is not sought in the application, they must obtain the applicant's consent before making the determination. (4B) Where the Scottish Ministers propose to make a determination under subsection (4) modifying the planning obligation so as to put or increase a burden on any non-applicant, they must obtain that person's consent before making the determination. (4C) Where an application under subsection (2) relates to more than one planning obligation, the Scottish Ministers may make a separate determination in relation to each planning obligation.

(i) the words “the applicant” become paragraph (a),

(ii) after paragraph (a), insert

, and (b) any non-applicant against whom the planning obligation is enforceable,

(iii) the words “within such period as is prescribed.” become the closing words.

Declining to determine an application: further provision

38

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

(2) After section 39 insert—

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

Development orders

Withdrawal of planning permission granted by development order

39

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

(2) After section 77 insert—

(77A) (1) The Scottish Ministers may by regulations make provision about the payment of compensation by a planning authority in cases where— (a) planning permission granted by a development order is withdrawn (whether by the revocation or amendment of the order or by the issue of directions under powers conferred by the order), and (b) on an application made under Part III or section 242A, planning permission for development formerly permitted by that order is refused or is granted subject to conditions other than those imposed by that order. (2) Regulations under subsection (1) may, in particular, make provision— (a) about the circumstances in which compensation is payable, (b) about what compensation is payable in respect of, (c) about how the amount of compensation is to be calculated, (d) about how a claim for compensation must be made in order to be valid (including the form and content of a claim, and the period within which it must be made), (e) applying, or disapplying, any of the provisions of this Part, with or without modifications.

(3) Section 77 (compensation for refusal or conditional grant of planning permission formerly granted by development order) is repealed.

PART 4 — Other matters

Promotion and use of mediation etc.

40

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

(2) After section 268 insert—

(268A) (1) The Scottish Ministers may issue guidance in relation to the promotion and use of mediation in relation to the following— (a) the preparation of local development plans and related evidence reports under Part 2, (b) a prospective applicant's compliance with any requirements in respect of pre-application consultation imposed under or by virtue of section 35B, (c) assisting in the determination of an application for planning permission, (d) any other matter related to planning that they consider appropriate. (2) Guidance under subsection (1) may include provision about— (a) the form of mediation that is to be used in a particular circumstance, and (b) the procedure to be followed in any such mediation. (3) Local authorities must have regard to any guidance issued under subsection (1). (4) Before issuing any guidance under subsection (1), the Scottish Ministers must consult— (a) planning authorities, and (b) such other persons that the Scottish Ministers consider appropriate. (5) The Scottish Ministers must make any guidance issued under subsection (1) publicly available. (6) The power under subsection (1) to issue guidance includes power to— (a) issue guidance that varies guidance issued under that subsection, and (b) revoke guidance issued under that subsection. (7) For the purposes of this section, “mediation” includes any means of exploring, resolving or reducing disagreement between persons involving an impartial person that the Scottish Ministers consider appropriate. (8) The Scottish Ministers must issue guidance under subsection (1) within the period of two years beginning with the date on which the Planning (Scotland) Act 2019 received Royal Assent.

Charges and fees

Fees for planning applications etc.

41

(1) Section 252 of the Town and Country Planning (Scotland) Act 1997 (fees for planning applications etc.) is amended as follows.

(2) After subsection (1)(b) insert—

(c) the performance by a person appointed by virtue of a scheme of delegation under section 43A of the person's functions.

(3) After subsection (1) insert—

(1ZA) The Scottish Ministers may by regulations make provision for the payment of a charge or fee to the Scottish Ministers in respect of— (a) the performance by the Scottish Ministers of any of their functions under the planning Acts or any order or regulations made under them, (b) anything done by the Scottish Ministers which is calculated to facilitate, or is conducive or incidental to, the performance of any such function, (c) the performance by a person appointed by the Scottish Ministers under paragraph 1 of schedule 4 of the person's functions.

(4) In subsection (1A), for “The regulations” substitute “ Regulations under subsections (1) and (1ZA) ”.

(5) In subsection (1A)(b), after “calculated” insert “ (including conferring on a planning authority the power to determine how it is to be calculated) ”.

(6) Subsection (1A)(da) is repealed.

(7) For subsection (1A)(e) substitute—

(e) provide that a planning authority or the Scottish Ministers may waive or reduce the charge or fee, (ea) specify circumstances in which a planning authority or the Scottish Ministers are or are not to waive or reduce the charge or fee,

(8) Subsections (1AA) and (1AB) are repealed.

(9) After subsection (1AB) insert—

(1AC) Regulations under subsection (1) may not make provision for the charge or fee payable to different planning authorities to be of different amounts on the basis of whether the functions of the authority are not being, or have not been, performed satisfactorily.

(10) After subsection (1B) insert—

(1C) The power to make provision such as mentioned in subsection (1A)(e) and (ea) includes the power to specify the steps a planning authority are to take before or after waiving or reducing the charge or fee. (1D) Regulations under subsections (1) and (1ZA) may provide for a surcharge to be imposed in relation to an application for planning permission made after the carrying out of the development to which it relates but those regulations may not provide for the imposition of a surcharge greater than the fee that would be payable otherwise in relation to the application. (1E) Without prejudice to the generality of paragraphs (e) and (ea) of subsection (1A), in relation to applications for planning permission, provision may be made under those paragraphs for fees and charges to be waived where the application is for a development that, in the opinion of the planning authority— (a) has the primary purpose of contributing to a social enterprise or not for profit enterprise, (b) is likely to contribute to improving the health of residents of the area to which the application relates. (1F) For the purposes of subsection (1E)— - “not for profit enterprise” means an organisation which a person might reasonably consider to exist wholly or mainly to provide benefits for society, - “social enterprise” means an organisation whose activities are wholly or mainly activities which a person might reasonably consider to be activities carried on for the benefit of society (“its social objects”), and which— 1. generates most of its income through business or trade, 2. reinvests most of its profits in its social objects, 3. is independent of any public authority, and 4. is owned, controlled and managed in a way that is consistent with its social objects.

(11) Subsection (2) is repealed.

(12) In subsection (3)—

(a) in paragraph (a), for “subsection (1)” substitute “ subsections (1) and (1ZA) ”,

(b) paragraph (b) is repealed.

(13) In subsection (7), for “the regulations, the planning authority” substitute “ regulations under subsection (1A) or (1ZA), the planning authority or, as the case may be, the Scottish Ministers ”.

(14) After subsection (8) insert—

(9) Subsection (7) does not apply in relation to surcharges imposed by virtue of subsection (1D).

Enforcement

Fines: increases and duty of court in determining amount

42

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

(2) In section 126 (penalties for non-compliance with planning contravention notice)—

(a) in subsection (4), for “level 3” substitute “ level 5 ”,

(b) in subsection (6), for “level 5 on the standard scale” substitute “ the statutory maximum ”.

(3) In section 136 (offence where enforcement notice not complied with), in subsection (8)(a), for “£20,000” substitute “ £50,000 ”.

(4) In section 138 (enforcement notice to have effect against subsequent development)—

(a) in subsection (4), for “level 5 on the standard scale” substitute “ the statutory maximum ”,

(b) after subsection (4), insert—

(5) In determining the amount of the fine to be imposed under subsection (4), the court is in particular to have regard to any financial benefit which has accrued or appears likely to accrue to the convicted person in consequence of the activity which constituted the offence.

(5) In section 144 (penalties for contravention of stop notice), in subsection (5)(a), for “£20,000” substitute “ £50,000 ”.

(6) In section 144C (temporary stop notices: offences), in subsection (6)(a), for “£20,000” substitute “ £50,000 ”.

(7) In section 145 (enforcement of conditions)—

(a) in subsection (12), for “level 3” substitute “ level 5 ”,

(b) after subsection (12), insert—

(12A) In determining the amount of the fine to be imposed under subsection (12), the court is in particular to have regard to any financial benefit which has accrued or appears likely to accrue to the convicted person in consequence of the activity which constituted the offence.

(8) In section 186 (enforcement of control as to advertisements), in subsection (3) for “level 3” in both places it occurs substitute “ level 5 ”.

Liability for expenses under enforcement notice

43

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

(2) In section 135 (execution and cost of works required by enforcement notice)—

(a) in subsection (1)(b)—

(i) the words “from the person who is then the owner or lessee of the land” are repealed, and

(ii) after “so”, insert

from— (i) the person who is then the lessee of the land, or any part of the land, (ii) any person who is then or subsequently becomes the owner of the land, or any part of the land (whether or not that person remains the owner).

(b) in paragraph (b) of subsection (4), the words from “in respect” to the end of that paragraph are repealed,

(4A) The right of recovery that an owner, lessee or occupier of land has under subsection (4) applies whether or not that person remains the owner, lessee or occupier of the land.

(3) After section 158A, insert—

(158B) (1) Where— (a) a planning authority or the Scottish Ministers (“the charging body”) have taken action in relation to land under section 135(1), and (b) a person is liable under that section for the expenses reasonably incurred by the charging body in taking that action, the charging body may make a charging order and apply to register it in the appropriate land register. (2) Once the charging order is registered the amount payable under section 135(1)(b)— (a) becomes payable in instalments in accordance with section 158C, and (b) includes the administrative expenses referred to in subsection (3)(a) and, if the order so provides, the interest charges referred to in subsection (3)(b). (3) The administrative expenses and interest charges referred to are— (a) any administrative expenses reasonably incurred by the charging body in connection with recovering the amount due under section 135(1)(b) (including the fees for registration and discharge of the charging order), (b) if the charging order provides for it, interest— (i) on the expenses mentioned in subsection (1)(b), (ii) at the rate (which must be a reasonable rate) specified in the order, (iii) in respect of the period beginning with the first demand for payment of the expenses mentioned in subsection (1)(b) and ending with payment of the amount payable under section 135(1)(b). (4) In this section and sections 158C to 158F, reference to section 135(1) includes reference to that section as applied by section 139(4) or 179(6). (5) A charging order may not be made or registered in connection with a liability under section 135(1) that was incurred before section 43 of the Planning (Scotland) Act 2019 came into force. (158C) (1) A charging body which makes a charging order must specify in the order— (a) the number of annual instalments in which the amount payable under section 135(1)(b) is to be paid (which must be between 3 and 30), and (b) the date on which each instalment falls due. (2) The date specified under subsection (1)(b) for the payment of the first instalment must fall at least 56 days after the date on which a copy of the charging order is served on a person from whom payment is sought. (3) A person may redeem the amount payable under section 135(1)(b) early by paying to the charging body— (a) the amount payable under section 135(1)(b), or (b) such lower sum as the person agrees with the charging body. (4) For the avoidance of doubt, despite the terms of a registered charging order, the charging body may (at any time) waive or reduce the amount payable under section 135(1)(b). (158D) (1) A charging order may not be registered unless it is in the form prescribed by the Scottish Ministers in regulations. (2) Regulations under subsection (1) must require that a charging order contain at least the following information— (a) the land to which it relates, (b) the action taken under section 135(1) in relation to the land, (c) the amount payable under section 135(1)(b), or a description of that amount, (d) the number of annual instalments into which the amount payable under section 135(1)(b) is divided and the date on which each instalment falls due, (e) notice that an instalment which is not paid is recoverable as a debt. (3) On making a charging order, the charging body are to serve a copy of the order on the owner of the land to which it relates. (158E) (1) The charging body must register a discharge of a registered charging order in the appropriate land register as soon as reasonably practicable after it has received payment in full of— (a) the amount payable under section 135(1)(b), or (b) such lower sum as the person agrees with the charging body under section 158C(3)(b). (2) A discharge of a registered charging order may not be registered unless it is in the form prescribed by the Scottish Ministers in regulations. (158F) (1) In sections 158B to 158E, “register” means— (a) register the information contained in the order, discharge or notice in the Land Register of Scotland, or (b) record the order, discharge or notice in the Register of Sasines, and “registered” is to be construed accordingly. (2) In sections 158B and 158E, “appropriate land register” means the Land Register of Scotland or the Register of Sasines.

(4) In section 186(2) (enforcement of control as to advertisements), after “enforcement notices” insert “ , charging orders ”.

(5) The modifications made by this section do not apply in relation to any liability under section 135(1) of the Town and Country Planning (Scotland) Act 1997 that was incurred before this section came into force.

Enforcement charters: statement on major developments

44

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

(2) In section 158A (enforcement charters), after subsection (1) insert—

(1A) The charter is also to contain a statement in relation to the planning authority's monitoring of compliance with planning permissions which have been granted in respect of major developments (as described in regulations made under section 26A(2)), which must set out— (a) how the authority monitor compliance with such planning permissions, (b) how the authority record— (i) the monitoring activities undertaken, and (ii) the findings of those monitoring activities, and (c) how the authority make such records available to the public.

Training for taking planning decisions

Power to impose training requirements: planning authorities

45

(1) A member of a planning authority who has not fulfilled the specified training requirements is prohibited from—

(a) exercising any of the authority's specified functions on their behalf, or

(b) being involved in exercising any of those functions on the authority's behalf as a member of a committee or any other body.

(2) In this section—

(a) “specified” means specified by the Scottish Ministers in regulations under this section,

(b) “planning authority” means—

(i) local authority, and

(ii) National Park authority,

(c) the reference to a member of a planning authority includes a member of a committee of a National Park authority appointed under paragraph 16(1) of schedule 1 of the National Parks (Scotland) Act 2000.

(3) Regulations under this section specifying functions of a planning authority may only specify functions conferred by the planning Acts as defined by section 277 of the Town and Country Planning (Scotland) 1997 Act.

(4) Regulations under this section may in particular—

(a) specify that completing a training course is a training requirement,

(b) specify training requirements on the basis that the content and provider of the training must be accredited by the Scottish Ministers.

(5) The Scottish Ministers may disapply subsection (1) in relation to a planning authority (or all authorities) by regulations under this section.”.

Performance of planning authorities

Annual report by planning authorities on performance

46

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

(2) After Part 12 insert—

(251A) (1) As soon as reasonably practicable after the end of each financial year, a planning authority are to prepare a report on the performance of their functions (or such of their functions as are specified in regulations made by the Scottish Ministers) during that year. (2) The planning authority are to— (a) submit a copy of the report to the Scottish Ministers, and (b) publish the report. (3) The Scottish Ministers may by regulations make provision about— (a) the form of the report, (b) the content of the report (including about what quantitative and qualitative information is to be included in the report, and what outcomes are to be used to assess the performance by planning authorities of their functions), (c) the process to be undertaken in preparing the report, (d) how the report is to be published. (4) In this section, a financial year is the period of 12 months beginning with 1 April.

National performance monitoring

47

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

(2) After section 251A (as inserted by section 46) insert—

(251B) (1) The Scottish Ministers may appoint a person (“the co-ordinator”) to— (a) monitor the performance by planning authorities of their functions, and (b) provide advice to planning authorities, and to such other persons as the co-ordinator considers appropriate, in relation to what steps might be taken by planning authorities or such other persons to improve the performance of their functions. (2) The Scottish Ministers may by regulations make further provision about the appointment and functions of the co-ordinator.

Regulations

48

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

(2) In section 275 (regulations and orders), in subsection (2A) after “purposes” insert “ and areas ”.

Ministerial directions

Publication of directions

49

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

(2) After section 275A insert—

(275B) (1) Having given a direction in exercise of a power conferred by virtue of this Act, the Scottish Ministers are to publish— (a) the direction, and (b) their reasons for giving it. (2) Subsection (1) does not apply in relation to the following— (a) a direction under section 265A, (b) a direction given before the day that section 49 of the Planning (Scotland) Act 2019 comes into force, (c) a direction given in the form of a regulation or order (see, for example, section 173(1)). (3) In this section, “publish” includes, without prejudice to that expression's generality, publish by electronic means (as for example by means of the internet).

Chief planning officers

50

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

(2) After section 1 insert—

(1A) (1) Each planning authority must have a chief planning officer. (2) The role of an authority's chief planning officer is to advise the authority about the carrying out of— (a) the functions conferred on them by virtue of the planning Acts, and (b) any function conferred on them by any other enactment, insofar as the function relates to development. (3) The Scottish Ministers must issue guidance to planning authorities concerning the role of an authority's chief planning officer. (4) A planning authority may not appoint a person as their chief planning officer unless satisfied that the person has appropriate qualifications and experience for the role. (5) In deciding what constitutes appropriate qualifications and experience for the role of chief planning officer, a planning authority must have regard to any guidance on the matter issued by the Scottish Ministers.

National Scenic Areas

51

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

(2) In section 263A(2) (National Scenic Areas), the words “the desirability of” are repealed.

(3) In section 263A (National Scenic Areas), after subsection (6)(a), insert—

(aa) persons resident within, or adjacent to, the area of a proposed designation, (ab) a community body (as defined by section 4(9) of the Community Empowerment (Scotland) Act 2015) with an interest in the area of a proposed designation,

(4) After section 263A insert—

(263B) (1) Where in any year the Scottish Ministers have designated a National Scenic Area under section 263A(1), they must, as soon as practicable after the end of that year, prepare and publish a report on the consultation undertaken in regard to the designation. (2) A report under subsection (1) must include— (a) the ways in which views expressed by any person consulted under subsection 263A(6)(aa) and (ab) were taken into account by the Scottish Ministers before issuing a direction under section 263A(1) or (5), and (b) how the Scottish Ministers intend to improve their consultation process before issuing any future such directions.

52

(1) The Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 is amended as follows.

(2) In section 9 (making of applications for listed building consent), in subsection (3), after paragraph (ab) insert—

(ac) the planning authority giving notice of such applications made to them— (i) to such persons or categories of person as may be prescribed, (ii) in such manner as may be prescribed, (iii) for such period as may be prescribed, and (iv) on such number of occasions as may be prescribed, (ad) the applicant providing such person or persons as may be prescribed such information with respect to the application as may be prescribed,

Forestry and woodland strategy

53

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

(2) Before section 159 (planning permission to include appropriate provision for preservation and planting of trees) insert—

(A159) (1) A planning authority are to prepare a forestry and woodland strategy. (2) A forestry and woodland strategy is to— (a) identify woodlands of high nature conservation value in the planning authority's area, and (b) set out the planning authority's policies and proposals in their area, as to— (i) the development of forestry and woodlands, (ii) the protection and enhancement of woodlands, in particular those mentioned in paragraph (a), (iii) the resilience to climate change of woodlands, in particular those mentioned in paragraph (a), (iv) the expansion of woodlands of a range of types to provide multiple benefits to the physical, cultural, economic, social and environmental characteristics of the area, (c) any other matter which the planning authority consider appropriate. (3) In preparing a forestry and woodland strategy a planning authority are to consult— (a) the Scottish Ministers, (b) such organisations appearing to them to represent those with an interest in the matters listed in subsection (2)(b), and (c) such other persons as they consider appropriate. (4) The planning authority must publish the strategy by such means as they consider appropriate. (5) Two or more planning authorities may act jointly to prepare a forestry and woodland strategy. (6) Where two or more planning authorities act jointly to prepare a forestry and woodland strategy, a reference in this section to— (a) a planning authority is to those authorities acting jointly, (b) a planning authority's area is a reference to the combined area of the authorities. (7) In this section, “publish” includes, without prejudice to that expression's generality, publish by electronic means (as for example by means of the internet).

PART 5 — Infrastructure levy

Power to provide for levy

54

(1) The Scottish Ministers may by regulations establish, and make provision about, an infrastructure levy.

(2) An infrastructure levy (within the meaning of this Act) is a levy—

(a) payable to a local authority,

(b) in respect of development wholly or partly within the authority's area,

(c) the income from which is to be used by local authorities to fund, or contribute towards funding, infrastructure projects.

(3) Schedule 1 elaborates on the regulation-making power conferred by this section.

Guidance

55

(1) The Scottish Ministers may issue guidance to local authorities dealing with—

(a) how they are to discharge the infrastructure-levy functions conferred on them by regulations under section 54, and

(b) how infrastructure-levy income should be spent.

(2) Local authorities must have regard to any guidance under subsection (1) that is addressed to them.

(3) Guidance under subsection (1) may be addressed to—

(a) an authority, or more than one authority, identified in the guidance, or

(b) all authorities.

(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.

(6) In subsection (1)(b), “infrastructure-levy income” includes monies collected as financial penalties imposed by virtue of paragraph 9 of schedule 1.

Interpretation of Part and schedule

56

In this Part and schedule 1—

“development” has the meaning given by section 26 of the Town and Country Planning (Scotland) Act 1997,

“infrastructure” includes—communications, transport, drainage, sewerage and flood-defence systems,systems for the supply of water and energy,green and blue infrastructure,educational and medical facilities, andfacilities and other places for recreation,

“green and blue infrastructure” means features of the natural and built environments (including water) that provide a range of ecosystem and social benefits,

“infrastructure project” means a project to provide, maintain, improve or replace infrastructure.

Power to change meaning of “infrastructure”

57

The Scottish Ministers may by regulations modify section 56 so as to change, or clarify, the meaning of “infrastructure” for the purposes of this Part and schedule 1.

Lapsing of power to provide for levy

58

(1) The regulation-making power conferred by section 54 ceases to be exercisable if no regulations have been made under it within the period of 7 years beginning with 25 July 2019.

(2) If, by virtue of subsection (1), the regulation-making power conferred by section 54 ceases to be exercisable, the Scottish Ministers may by regulations repeal—

(a) this Part, and

(b) schedule 1.

PART 6 — Final provisions

Ancillary provision

59

The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, or in connection with, or for giving full effect to this Act or any provision made under it.

Power to replace descriptions with actual dates

60

(1) The Scottish Ministers may by regulations amend—

(a) section 158B of the Town and Country Planning (Scotland) Act 1997, and

(b) section 43(5) of this Act,

so that, instead of referring to the day on which section 43 comes into force, they specify the date on which section 43 actually came into force.

(2) The Scottish Ministers may by regulations amend section 275B(2)(b) of the Town and Country Planning (Scotland) Act 1997 so that, instead of referring to the day on which section 49 of this Act comes into force, it specifies the date on which that section actually came into force.

(3) The Scottish Ministers may by regulations amend section 58(1) so that, instead of referring to the day that the Bill for this Act receives Royal Assent, it specifies the date on which the Bill actually received Royal Assent.

Regulation-making powers

61

(1) A power to make regulations conferred by this Act includes the power to make different provision for different purposes and areas.

(2) Regulations under section 59—

(a) are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act (including this Act), but

(b) otherwise are subject to the negative procedure.

(3) Regulations under sections ... 54 and 57 are subject to the affirmative procedure.

(4) Before making regulations under section 54, the Scottish Ministers must consult—

(a) any local authority that may be affected by the regulations, and

(b) any other persons the Ministers consider appropriate.

Minor and consequential amendments and repeals

62

Schedule 2 makes provision for minor and consequential amendments and repeals.

Commencement

63

(1) This section and sections 58, 59, 60, 61 and 64 come into force on the day after Royal Assent.

(2) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.

(3) Regulations under subsection (2) may—

(a) appoint different days for different purposes,

(b) contain transitional, transitory or saving provision.

Short title

64

The short title of this Act is the Planning (Scotland) Act 2019.

SCHEDULE 1

General

1

In this schedule, “infrastructure-levy regulations” means regulations under section 54.

2

This schedule (apart from paragraphs 15(2) and 16) is without prejudice to the generality of the regulation-making power conferred by section 54.

3

Infrastructure-levy regulations may make incidental, supplementary, consequential, transitional, transitory or saving provision.

4

Any provision which infrastructure-levy regulations may make may be made by the regulations modifying another enactment.

Who is liable for what

5

Infrastructure-levy regulations may set out—

(a) the kinds of development in respect of which infrastructure levy is payable,

(b) who is liable to pay infrastructure levy in respect of a development,

(d) the amount to be paid by way of infrastructure levy in respect of a development (“the payable amount”) either by—

(i) stating the amount, or

(ii) setting out how it is to be calculated.

Relief where relevant planning obligation

6

Infrastructure-levy regulations may make provision to grant relief from liability to pay infrastructure levy in respect of a development where—

(a) a planning obligation under section 75 of the Town and Country Planning (Scotland) Act 1997 has been entered into in respect of the development, and

(b) the planning authority in respect of the development considers that to require payment of infrastructure levy in respect of the development would constitute a duplication in any form of contribution by the person who is liable to pay infrastructure levy.

Local exemptions and discounts

7

Infrastructure-levy regulations may—

(a) confer on local authorities the power to waive or reduce infrastructure levy in respect of development in their areas, and

(b) set conditions on the exercise of any power so conferred.

Collection and enforcement

8

Infrastructure-levy regulations may—

(a) make provision about the collection of—

(i) payable amounts, and

(ii) penalties imposed by virtue of paragraph 9,

(b) enable local authorities to confer—

(i) powers of entry (except in relation to a dwelling-house) for the purpose of investigating liability for infrastructure levy, and

(ii) powers to seize things found in the course of investigating liability for infrastructure levy,

(i) withholding information,

(ii) providing information that is false or misleading,

(iii) otherwise obstructing the investigation of someone's infrastructure-levy liability, or

(iv) causing another person to do any of those things.

Financial penalty for late payment

9

(1) Infrastructure-levy regulations may allow, or require, local authorities to charge a financial penalty if the payable amount is not paid within a period specified in the regulations.

(2) The regulations may, in particular, provide for the charging of—

(a) a penalty of a specified amount (or amounts),

(b) a penalty that is calculated periodically as a proportion of the payable amount, or

Stopping development

10

(1) Infrastructure-levy regulations may—

(a) empower a local authority to direct that the carrying out of development stop until there has been payment in full of—

(i) the payable amount, and

(ii) any financial penalty imposed in connection with the development by virtue of paragraph 9, and

(b) prescribe the consequences of not stopping development when directed to do so.

(2) The regulations may, in particular, make it an offence not to stop development when directed to do so.

Remission and repayment

11

Infrastructure-levy regulations may provide for the remission or repayment (with or without interest) of the whole or part of—

(a) the payable amount, and

(b) any financial penalty imposed by virtue of paragraph 9.

Appeals

12

Infrastructure-levy regulations may—

(a) establish a process for appealing against a decision—

(i) that infrastructure levy is payable, or

(ii) about what the payable amount is,

(b) provide that such an appeal is to be made to—

(i) the Scottish Ministers, or

(ii) a person appointed by them,

(c) enable the person to whom such an appeal is made to set rules (or further rules, in addition to those set by the regulations) about the conduct of the appeal,

(d) in respect of such appeals—

(i) prescribe fees, and

(ii) make provision allowing expenses to be awarded.

Accounting requirements

13

(1) Infrastructure-levy regulations may make provision about the accounts that local authorities are to keep in connection with—

(a) the exercise of their functions under infrastructure-levy regulations, and

(b) their expenditure of infrastructure-levy income.

(2) In sub-paragraph (1), “infrastructure-levy income” includes monies collected as financial penalties imposed by virtue of paragraph 9.

Expenditure of levy income

14

(1) Infrastructure-levy regulations may make provision about the particular purposes for which local authorities may apply infrastructure-levy income.

(2) In sub-paragraph (1), “infrastructure-levy income” includes monies collected as financial penalties imposed by virtue of paragraph 9.

Use of planning and development powers

15

(1) Infrastructure-levy regulations may make provision about how any of the following powers may or may not be exercised—

(a) section 75 of the Town and Country Planning (Scotland) Act 1997 (planning obligations),

(b) section 53 of the Roads (Scotland) Act 1984 (agreements as to use of land near roads),

(2) But provision of the kind mentioned in sub-paragraph (1) may be made only if the Scottish Ministers consider it necessary or expedient for the purpose of—

(a) enhancing the effectiveness of infrastructure levy as a means of raising revenue to fund, or contribute towards funding, infrastructure projects, or

(b) preventing or restricting the use of powers, other than the power to charge infrastructure levy, in circumstances in which the Ministers think using the power to charge infrastructure levy would be more appropriate.

Maximum penalties

16

(1) The maximum penalty that infrastructure-levy regulations can specify for an offence they create is—

(a) for a summary-only offence—

(i) a fine not exceeding level 5 on the standard scale,

(ii) a term of imprisonment not exceeding 12 months, or

(iii) both,

(b) for an either-way offence—

(i) a fine, which may not exceed the statutory maximum on summary conviction,

(ii) a term of imprisonment not exceeding—

(A) 12 months on summary conviction,

(B) 2 years on conviction on indictment, or

(iii) both.

(2) In sub-paragraph (1)(b), “either-way offence” means an offence that is triable either on indictment or summary complaint.

SCHEDULE 2

PART 1 — Development planning

Removal of requirement to prepare strategic development plans

1

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

(2) Section 16(6) (local development plan consistency with strategic development plan) is repealed.

(3) In section 20B (development plan schemes)—

(a) in subsection (1), the words “by each strategic development authority and” are repealed,

(b) in subsection (2), in the opening words, for “The authority in question is” substitute “ An authority are ”,

(d) in subsection (5)(c), for “strategic development plan area or the area of the planning authority, as the case may be” substitute “ area of the authority ”.

(4) In section 21 (action programmes)—

(a) subsection (1) is repealed,

(b) in subsection (3), for “the authority in question” substitute “ an authority ”,

(d) in subsection (5), for “the authority in question” substitute “ an authority ”,

(e) in subsection (6), for “the authority in question” substitute “ an authority ”,

(f) sub-paragraph (i) of subsection (10)(b) and the “and” immediately following it are repealed,

(g) in subsection (10)(b)(ii), the words “in the case of a planning authority,” are repealed.

(5) In section 23 (disregarding of representations with respect to development authorised by or under other enactments), paragraph (a) of subsection (1) and the “and” immediately following it are repealed.

(6) In section 23A(2) (directions in relation to functions under Part)—

(a) the words “or strategic development planning authority” are repealed,

(b) the words “or strategic development planning authorities” are repealed.

(7) In section 23B (default powers of the Scottish Ministers)—

(a) in subsection (1)(a)—

(i) the words “strategic development plan or” where they first occur are repealed,

(ii) the words “proposed strategic development plan or” are repealed,

(b) in subsection (2)(b), the words “strategic development plan or” are repealed,

(d) subsection (4)(b) and the word “or” immediately preceding it are repealed,

(e) subsection (5)(b) and the word “and” immediately preceding it are repealed.

(8) In section 23C (reviews of plans in enterprise zones), paragraph (a) and the word “and” immediately following it are repealed.

(9) In section 237 (validity of development plans etc.), in subsection (1)(a), the words “strategic development plan or” are repealed.

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

(a) in subsection (1), the words “strategic development plan or” are repealed,

(b) subsection (5)(a) is repealed.

(11) In section 255(2)(a) (contributions by local authorities and statutory undertakers), the words “a strategic development plan or” are repealed.

(12) In section 269(1)(a) (rights of entry), the words “strategic development plan or” are repealed.

(13) In section 277(1) (interpretation), the entries in the list for “strategic development plan”, “strategic development plan area” and “strategic development planning authority” are repealed.

(14) In schedule 14 (blighted land)—

(a) paragraph 1 is repealed,

(b) in paragraph 2—

(i) in sub-paragraph (1)(a), for the words “paragraph 1(1)(a)(i) or (ii)” substitute “ sub-paragraph (1A) ”,

(ii) after sub-paragraph (1) insert—

(1A) The functions are— (a) the functions of a government department, local authority or statutory undertaker, (b) the provision by an electronic communications operator of an electronic communications code network, or (c) the provision by a former PTO of a public electronic communications network or a public electronic communications service.

Local development plans

2

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

(2) In section 18 (preparation and publication of proposed local development plan), subsection (1)(c) is repealed.

(3) In section 19 (examination of proposed local development plans), in subsection (2), the words “or (6)” are repealed.

(4) In section 19A (further provision as regards examination under section 19(4)), in subsection (10)(a), the words “or (6)” are repealed.

(5) In section 20B(2)(b), for “plan” substitute “ scheme ”.

(6) In section 23(1)(b) (disregarding representations with respect to main issues report), sub-paragraph (i) and the “or” immediately following it are repealed.

(7) In section 23B(1)(a) (default powers of the Scottish Ministers), the words “any main issues report requires to be compiled or” are repealed.

Delivery programmes

3

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

(2) In section 18(4)(a)(ii) (submission of programme to Scottish Ministers), for “action” substitute “ delivery ”.

Development plan

4

(1) Schedule 1 of the Town and Country Planning (Scotland) Act 1997 is amended as follows.

(2) For paragraph 1 substitute—

(1) In this schedule “old development plan” means— (a) a local plan, (b) a strategic development plan, (c) supplementary guidance.

(3) In paragraph 2, for “that section” substitute “ section 13 of the Planning (Scotland) Act 2019 ”

(4) Paragraphs 3 and 5, and the italic headings immediately preceding them, are repealed.

(5) For paragraph 6 substitute—

(6) On the publication of the revised National Planning Framework under section 3CA(7) after the coming into force of section 13 of the Planning (Scotland) Act 2019, all strategic development plans and any supplementary guidance issued in connection with them cease to have effect. (6A) On the constitution of a local development plan for an area under section 20 after the coming into force of section 13 of the Planning (Scotland) Act 2019— (a) so much of any local plan in force by virtue of paragraph 2 as relates to the area to which the plan so adopted relates ceases to have effect, and (b) any supplementary guidance issued in connection with a local development plan for that area ceases to have effect.

(6) The italic heading immediately preceding paragraph 6 becomes “ Discontinuance of old development plans ”.

(7) For paragraph 7 substitute—

(7) The Scottish Ministers may by regulations provide that any of the provisions of an old development plan are to continue in force in relation to an area despite paragraphs 6 and 6A.

(8) In paragraph 8, for the word “a” where first occurring substitute “ an old ”.

(9) In paragraph 9, the words “and the strategic development planning authority for any strategic development plan area,” are repealed.

(10) For paragraph 10, substitute—

(10) In this schedule— - “local plan” is to be construed in accordance with section 11 as that section applied immediately before the coming into force of the Planning etc. (Scotland) Act 2006, - “strategic development plan” is to be construed in accordance with section 7 as it applied immediately before the coming into force of section 6 of the Planning (Scotland) Act 2019, - “supplementary guidance” means guidance issued under section 22 of this Act as it applied immediately before the coming into force of section 9 of the Planning (Scotland) Act 2019.

5

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

(2) In section 27(3)—

(a) after “54(4),” insert “ 54B(1)(b), 54D(2), ”,

(b) after “61” insert “ and paragraph 20 of schedule 5A ”.

(3) In section 29(1)—

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

(b) after paragraph (c), insert—

(ca) by a masterplan consent area scheme, or

(4) In section 36(1)—

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

(b) after paragraph (c), insert—

(ca) masterplan consent area schemes relating to parts of the authority's area, and

(5) In section 58(4)—

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

(b) after paragraph (f), insert—

(fa) any planning permission granted by a masterplan consent area scheme, or

(6) In section 61(1)—

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

(b) after paragraph (b), insert—

(ba) development has been begun in accordance with planning permission under a masterplan consent area scheme but has not been completed by the time that the scheme ceases to have effect, or

(7) In section 183(1)—

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

(b) after paragraph (b) insert—

(c) with respect to masterplan consent areas.

(8) In section 237(1), after paragraph (b) insert—

(ba) a masterplan consent area scheme or any alteration of such a scheme,

(9) In section 238—

(a) in subsection (3)—

(i) for the words from “a simplified” to “230”, substitute “ any of the following ”,

(ii) at the end insert—

(a) a simplified planning zone scheme or an alteration of such a scheme, (b) a masterplan consent area scheme or an alteration of such a scheme, (c) an order under section 202, 203, 206, 207, 208 or 230.

(b) in subsection (5), after paragraph (b) insert—

(ba) in the case of an application by virtue of subsection (3) in respect of a masterplan consent area scheme or an alteration of such a scheme, the date that notice is first published (in accordance with regulations under paragraph 22 of schedule 5A) that the scheme has been made or (as the case may be) altered,

(7) In their application to masterplan consent area schemes and their alteration, subsections (1) and (2) have effect as if, instead of Part II, they referred to Part III and schedule 5A.

(10) In section 277(1), after the definition of “major developments” insert—

“masterplan consent area scheme” is to be construed in accordance with sections 54A to 54E,

PART 3 — Development management

Duration of planning permission

6

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

(2) In section 37 (determination of applications: general considerations), in subsection (1)(a), for “and 59(1)(b)” substitute “ , 58 and 59 ”.

(3) In section 60 (provisions supplementary to sections 58 and 59) in subsection (1), in the opening words, for “58(2) and (3A)(b) and 59(5)” substitute “ 58(1)(b) and (3A)(b) and 59(2A)(b) and (2D)(b) ”.

(4) In section 71 (order requiring discontinuance of use or alteration or removal of buildings or works), in subsection (7), for “58(2) and (3A)(b) and 59(5)” substitute “ 58(1)(b) and (3A)(b) and 59(2A)(b) and (2D)(b) ”.

(5) In section 88 (circumstances in which purchase notices may be served), in subsection (5), for “provisions of” substitute “ conditions referred to in ”.

(6) In section 232 (right of compensation in respect of certain decisions and orders), in subsection (7), for “provisions of” substitute “ conditions referred to in ”.

Schemes of delegation and local review

7

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

(2) In section 39 (declining to determine an application), in subsection (2A)—

(a) in the opening words, for “43A(5)” substitute “ 43AA(2) ”,

(b) in paragraph (a), for “43A(8)” substitute “ 43AC ”,

(3) In section 43B (matters which may be raised in a review under section 43A(8)), in subsection (1), for “43A(8)” substitute “ 43AC (other than one required by virtue of paragraph (e) of subsection (1)) ”.

(4) The section title of section 43B becomes “ Matters which may be raised in a review under section 43AC ”.

(5) In section 46 (call-in of applications), in subsection (2)(ab), for “43A(8)” substitute “ 43AC ”.

(6) In section 237 (validity of development plans and certain orders, decisions and directions), in subsection (3A)—

(a) the words “(other than a deemed decision)” are repealed,

(b) for “43A(8)” substitute “ 43AC ”.

(7) In section 277 (interpretation), in subsection (5)—

(a) in paragraph (ba), for “43A(8)(a) or (b)” substitute “ 43AC(1)(a) to (d) ”,

(b) in paragraph (ca), for “43A(8)(c)” substitute “ 43AC(1)(e) ”,

(d) in paragraph (da)(ii)—

(i) for “43A(8)(c)” substitute “ 43AC(1)(e) ”,

(ii) for “43A(9)” substitute “ 43AC(3) ”.

Development orders

8

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

(2) In section 78 (apportionment of compensation for depreciation), in subsection (2)(b), the words “or, in a case falling within section 77, the relevant planning decision,” are repealed.

(3) In section 214 (meaning of “statutory undertakers”)—

(a) in subsection (4), and

(b) in subsection (7)(a),

the words “77(3),” are repealed.

(4) In section 215 (meaning of “operational land”), in subsection (3), the words “77(3),” are repealed.

(5) In schedule 18, in Part 1, for “77” substitute “ 77A ”.

PART 4 — Regulations

9

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

(2) In section 275, after subsection (7B) insert—

(7BA) Regulations under sections 3CC(3), 3G(5)(b), 26B(5), 40A, 41B(4), 77A(1), 251B(2) and [ ] and paragraph 3 of schedule 5A are subject to the affirmative procedure (as defined by section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).

National Planning Framework

Local development plans

Supplementary guidance

Delivery programmes

Amendment of National Planning Framework and local development plans

Development plan

Local place plans

Bar to creation of new simplified planning zones

Pre-application consultation

Assessment of environmental effects

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

Determination of applications: statement to accompany notification

Completion notices

Planning obligations: financial agreements

Planning obligations: annual report

Fees for planning applications etc.

Fines: increases and duty of court in determining amount

Liability for expenses under enforcement notice

Regulations

Chief planning officers

Guidance

Power to replace descriptions with actual dates

General

Who is liable for what

Relief where relevant planning obligation

Local exemptions and discounts

Collection and enforcement

Financial penalty for late payment

Stopping development

Remission and repayment

Appeals

Accounting requirements

Expenditure of levy income

Use of planning and development powers

Maximum penalties

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.

Planning (Scotland) Act 2019

Delegation of development decisions

Delegation of development decisions

27

Schemes of delegation

28

Call-in of applications by Scottish Ministers: further provision

Call-in of applications by Scottish Ministers: further provision

29

Determination of applications: statement to accompany notification

Determination of applications: statement to accompany notification

30

Agreements relating to period before which an appeal may be made

Agreements relating to period before which an appeal may be made

31

Duration of planning permission

Duration of planning permission

32

Completion notices

33

Planning obligations

Planning obligations: financial agreements

34

Planning obligations: publication

35

Planning obligations: annual report

36

Planning obligations: modification or discharge

37

Declining to determine an application: further provision

Declining to determine an application: further provision

38

Development orders

Withdrawal of planning permission granted by development order

39

PART 4 — Other matters

Promotion and use of mediation etc.

Promotion and use of mediation etc.

40

Charges and fees

Fees for planning applications etc.

41

Enforcement

Fines: increases and duty of court in determining amount

42

Liability for expenses under enforcement notice

43

Enforcement charters: statement on major developments

44

Training for taking planning decisions

Power to impose training requirements: planning authorities

45

Performance of planning authorities

Annual report by planning authorities on performance

46

National performance monitoring

47

Regulations

Regulations

48

Ministerial directions

Publication of directions

49

Chief planning officers

Chief planning officers

50

National Scenic Areas

National Scenic Areas

51

Notice by planning authority of applications for listed building consent

Notice by planning authority of applications for listed building consent

52

Forestry and woodland strategy

Forestry and woodland strategy

53

PART 5 — Infrastructure levy

Power to provide for levy

54

Guidance

55