Law

Town and Country Planning (Scotland) Act 1997

United Kingdom · statute

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In force since 2026-09-24, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 400 provisions
  1. Title and introductory text
  2. 1 Planning authorities.
  3. 1A Planning authorities: chief planning officer
  4. 2 Enterprise zones.
  5. 3 Urban development areas.
  6. 3ZA Purpose of planning
  7. 3A National Planning Framework
  8. 3AA Duty to review the National Planning Framework
  9. 3AB Revising the framework: participation statement and considerations
  10. 3AC Information to assist preparation of National Planning Framework
  11. 3B Proposals for National Planning Framework: Parliamentary consideration
  12. 3C National Planning Framework to be laid before Parliament
  13. 3CA National Planning Framework: procedure
  14. 3CB Key agencies to co-operate
  15. 3CC Amendment of National Planning Framework
  16. 3D Sustainable development: exercise of functions by Scottish Ministers
  17. 3E Sustainable development
  18. 3F Greenhouse gas emissions policies
  19. 3G Open space strategy
  20. 4ZA Regional spatial strategies
  21. 4ZB Duties to have regard to regional spatial strategies
  22. 4ZC Regional spatial strategies: first strategy, review and revision
  23. 4ZD Directions to prepare or review regional spatial strategies
  24. 4ZE Guidance for regional spatial strategies
  25. 5 Strategic development plan area
  26. 6 Re-determination of boundary of strategic development plan area
  27. 7 Form and content of strategic development plan
  28. 8 Preparation of strategic development plan etc. : general
  29. 9 Main issues report for preparation of strategic development plan
  30. 10 Preparation and publication of proposed strategic development plan
  31. 11 Alternative proposals
  32. 12 Examination of proposed strategic development plan
  33. 12A Further provision as regards examination under section 12(2)
  34. 13 Proposed strategic development plan: approval or rejection
  35. 15 Form and content of local development plans
  36. 15A Preparation of local development plan: invitation to prepare local place plans
  37. 15B Review of local place plans
  38. 16 Preparation and monitoring of local development plans: general
  39. 16A Participation of children and young people in local development plan
  40. 16B Evidence report for preparation of local development plan
  41. 16C Effective community engagement: guidance
  42. 16D Play sufficiency assessment
  43. 16E Publication of list of persons seeking land for self-build housing
  44. 17 Main issues report for preparation of local development plan
  45. 18 Preparation and publication of proposed local development plan
  46. 19 Examination of proposed local development plan
  47. 19ZA Examination under section 19(3): further provision
  48. 19A Further provision as regards examination under section 19(4)
  49. 20 Constitution of local development plan
  50. 20A Publication of and publicity for local development plan
  51. 20AA Amendment of local development plan
  52. 20B Development plan schemes
  53. 21 Delivery programmes
  54. 22 Supplementary guidance
  55. 23 Disregarding of representations with respect to development authorised by or under other enactments
  56. 23A Regulations under this Part
  57. 23B Default powers of the Scottish Ministers
  58. 23C Reviews of plans in enterprise zones
  59. 23D Meaning of “key agency”
  60. 24 Meaning of “development plan”
  61. 25 Status of development plan
  62. 26 Meaning of “development”.
  63. 26AA Marine fish farms: circumstances referred to in section 26(1)
  64. 26AB Power by order to provide marine fish farming is not “development”
  65. 26A Hierarchy of developments
  66. 26B Material change of use: short-term lets
  67. 27 Time when development begun.
  68. 27A Notification of initiation of development
  69. 27B Notification of completion of development
  70. 27C Display of notice while development is carried out
  71. 28 Development requiring planning permission.
  72. 29 Granting of planning permission: general.
  73. 30 Development orders: general.
  74. 31 Permission granted by development order.
  75. 31A Planning permission in respect of operation of marine fish farm
  76. 32 Applications for planning permission
  77. 32A Variation of application other than one referred to the Scottish Ministers
  78. 32B Variation of application referred to the Scottish Ministers
  79. 33 Planning permission for development already carried out.
  80. 33A Notice requiring application for planning permission for development already carried out
  81. 34 Notice by planning authority of certain applications made to them
  82. 35 Notice etc. of applications to owners and agricultural tenants.
  83. 35A Pre-application consultation: preliminary
  84. 35B Pre-application consultation: compliance
  85. 35C Pre-application consultation report
  86. 36 Registers of applications etc.
  87. 36A Lists of applications
  88. 37 Determination of applications: general considerations.
  89. 38 Consultations in connection with determination of applications.
  90. 38A Pre-determination hearings
  91. 39 Declining to determine an application
  92. 39A Declining to determine an application: further provision
  93. 40 Assessment of environmental effects.
  94. 41 Conditional grant of planning permission.
  95. 41A Conditional grant of planning permission: noise-sensitive developments
  96. 41B Conditional grant of planning permission: provision of toilet facilities within certain large developments
  97. 42 Determination of applications to develop land without compliance with conditions previously attached.
  98. 43 Directions etc. as to method of dealing with applications.
  99. 43A Local developments: schemes of delegation
  100. 43B Matters which may be raised in a review under section 43A(8)
  101. 44 Effect of planning permission.
  102. 45 Duty to draw attention to certain provisions for benefit of disabled.
  103. 46 Call-in of applications by Secretary of State.
  104. 46A Call-in of applications by Scottish Ministers: further provision
  105. 47 Right to appeal against planning decisions and failure to take such decisions.
  106. 47A Matters which may be raised in an appeal under section 47(1)
  107. 48 Determination of appeals.
  108. 49 Simplified planning zones.
  109. 50 Alteration of simplified planning zone schemes.
  110. 51 Simplified planning zone schemes: conditions and limitations on planning permission.
  111. 52 Duration of simplified planning zone scheme.
  112. 53 Alteration of simplified planning zone scheme.
  113. 54 Exclusion of certain descriptions of land or development.
  114. 54A Making and alteration of schemes
  115. 54B Scheme grants planning permission, etc.
  116. 54C Content of schemes: self-build housing
  117. 54D Effect of altering scheme
  118. 54E Further provision about effect of scheme
  119. 54F Interpretation of provisions about schemes
  120. 55 Planning permission for development in enterprise zones.
  121. 56 Effect on planning permission of modification or termination of scheme.
  122. 57 Development with government authorisation.
  123. 58 Duration of planning permission
  124. 59 Planning permission in principle
  125. 60 Provisions supplementary to sections 58 and 59.
  126. 61 Termination of planning permission by reference to time limit: completion notices.
  127. 62 Effect of completion notice.
  128. 62A Objection to completion notice
  129. 63 Power of Secretary of State to serve completion notice.
  130. 64 Power to vary planning permission.
  131. 65 Power to revoke or modify planning permission.
  132. 66 Procedure for section 65 orders: opposed cases.
  133. 67 Procedure for section 65 orders: unopposed cases.
  134. 68 Revocation and modification of planning permission by the Secretary of State.
  135. 69 Power to refer certain planning questions to Planning Inquiry Commission.
  136. 70 Power to refer certain planning questions to Joint Planning Inquiry Commission.
  137. 71 Orders requiring discontinuance of use or alteration or removal of buildings or works.
  138. 72 Confirmation by Secretary of State of section 71 orders.
  139. 73 Power of the Secretary of State to make section 71 orders.
  140. 74 Review of mineral planning permissions.
  141. 75 Planning obligations
  142. 75A Modification and discharge of planning obligations
  143. 75B Appeals
  144. 75C Planning obligations: continuing liability of former owner etc.
  145. 75D Good neighbour agreements
  146. 75E Good neighbour agreements: modification and discharge of obligations
  147. 75F Good neighbour agreements: appeals
  148. 75G Good neighbour agreements: continuing liability of former owner etc.
  149. 76 Compensation where planning permission revoked or modified.
  150. 77 Compensation for refusal or conditional grant of planning permission formerly granted by development order.
  151. 78 Apportionment of compensation for depreciation.
  152. 79 Registration of compensation for depreciation.
  153. 80 Recovery of compensation on subsequent development.
  154. 81 Amount recoverable, and provisions for payment or remission.
  155. 82 Provisions for payment or remission of amount recoverable under section 80.
  156. 83 Compensation in respect of orders under section 71 etc.
  157. 84 Special basis for compensation in respect of certain orders affecting mineral working.
  158. 85 Power to make provision for determination of claims.
  159. 86 Lands Tribunal to determine claims if not otherwise provided.
  160. 87 General provisions as to compensation for depreciation under this Part.
  161. 88 Circumstances in which purchase notices may be served.
  162. 88A Purchase notices: Crown land
  163. 89 Circumstances in which land incapable of reasonably beneficial use.
  164. 90 Action by planning authority on whom purchase notice is served.
  165. 91 Procedure on reference of purchase notice to Secretary of State.
  166. 92 Action by Secretary of State in relation to purchase notice.
  167. 93 Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission.
  168. 94 Effect of Secretary of State’s action in relation to purchase notice.
  169. 95 Special provisions as to compensation where purchase notice served.
  170. 96 Counter-notice requiring purchase of remainder of agricultural unit.
  171. 97 Effect of counter-notice under section 96.
  172. 98 Provisions supplemental to sections 96 and 97.
  173. 99 Interpretation of Chapter I.
  174. 100 Scope of Chapter II.
  175. 101 Notice requiring purchase of blighted land.
  176. 102 Counter-notice objecting to blight notice.
  177. 103 Further counter-notice where certain proposals have come into force.
  178. 104 Reference of objection to Lands Tribunal: general.
  179. 105 Effect of valid blight notice.
  180. 106 Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire.
  181. 107 Withdrawal of blight notice.
  182. 108 Special provisions as to compensation for acquisition in pursuance of blight notice.
  183. 109 Inclusion in blight notice of requirement to purchase part of agricultural unit unaffected by blight.
  184. 110 Objection to section 109 notice.
  185. 111 Effect of section 109 notice.
  186. 112 Powers of successors in respect of blight notice.
  187. 113 Power of heritable creditor to serve blight notice.
  188. 114 Prohibition on service of simultaneous notices under sections 101, 112 and 113.
  189. 115 Special provisions as to partnerships.
  190. 116 Power of Secretary of State to acquire land affected by orders relating to new towns etc. where blight notice served.
  191. 116A Power of Secretary of State to acquire land identified in national policy statements where blight notice served
  192. 117 Saving for claimant’s right to sell whole hereditament, etc.
  193. 118 No withdrawal of constructive notice to treat.
  194. 119 Meaning of “owner-occupier” and “resident owner-occupier”.
  195. 120 “Appropriate authority” for purposes of Chapter II.
  196. 121 “Appropriate enactment” for purposes of Chapter II.
  197. 122 General interpretation of Chapter II.
  198. 123 Expressions used in connection with enforcement.
  199. 124 Time limits.
  200. 125 Power to require information about activities on land.
  201. 126 Penalties for non-compliance with planning contravention notice.
  202. 127 Issue of enforcement notice.
  203. 128 Contents and effect of notice.
  204. 129 Variation and withdrawal of enforcement notice.
  205. 130 Appeal against enforcement notice.
  206. 131 Appeals: supplementary provisions.
  207. 132 General provisions relating to determination of appeals.
  208. 133 Grant or modification of planning permission on appeal against enforcement notice.
  209. 134 Validity of enforcement notices.
  210. 135 Execution and cost of works required by enforcement notice.
  211. 136 Offence where enforcement notice not complied with.
  212. 136A Fixed penalty notice where enforcement notice not complied with
  213. 137 Effect of planning permission etc. on enforcement or breach of condition notice.
  214. 138 Enforcement notice to have effect against subsequent development.
  215. 139 Power of Secretary of State to serve enforcement notice.
  216. 140 Stop notices.
  217. 141 Stop notices: supplementary provisions.
  218. 142 Power of the Secretary of State to serve stop notice.
  219. 143 Compensation for loss due to stop notice.
  220. 144 Penalties for contravention of stop notice.
  221. 144A Temporary stop notices
  222. 144B Temporary stop notices: restrictions
  223. 144C Temporary stop notices: offences
  224. 144D Temporary stop notices: compensation
  225. 145 Enforcement of conditions.
  226. 145A Fixed penalty notice where breach of condition notice not complied with
  227. 146 Interdicts restraining breaches of planning control.
  228. 147 Enforcement etc. : register of notices
  229. 148 Penalties for contravention of orders under section 71 and Schedule 8.
  230. 149 Enforcement of orders under section 71 and Schedule 8.
  231. 150 Certificate of lawfulness of existing use or development.
  232. 151 Certificate of lawfulness of proposed use or development.
  233. 152 Certificates under sections 150 and 151: supplementary provisions.
  234. 153 Offences.
  235. 154 Appeals against refusal or failure to give decision on application.
  236. 155 Further provisions as to appeals to the Secretary of State.
  237. 156 Right to enter without warrant.
  238. 157 Right to enter under warrant.
  239. 158 Rights of entry: supplementary provisions.
  240. 158A Enforcement charters
  241. A159 Forestry and woodland strategy
  242. 159 Planning permission to include appropriate provision for preservation and planting of trees.
  243. 160 Power to make tree preservation orders.
  244. 161 Form of and procedure applicable to orders.
  245. 161A Imminent danger to trees: entry to affix copy of tree preservation order
  246. 162 Tree preservation: Forestry Commissioners
  247. 163 Provisional tree preservation orders.
  248. 164 Power for Secretary of State to make tree preservation orders.
  249. 165 Compensation in respect of tree preservation orders.
  250. 166 Compensation in respect of requirement as to replanting of trees.
  251. 167 Replacement of trees.
  252. 168 Enforcement of duties as to replacement of trees.
  253. 169 Appeal against section 168 notice.
  254. 170 Execution and cost of works required by section 168 notice.
  255. 171 Penalties for non-compliance with tree preservation order.
  256. 172 Preservation of trees in conservation areas.
  257. 173 Power to disapply section 172.
  258. 174 Enforcement of controls as respects trees in conservation areas.
  259. 175 Register of section 172 notices.
  260. 176 Rights to enter without warrant.
  261. 177 Right to enter under warrant.
  262. 178 Rights of entry: supplementary provisions.
  263. 179 Notice requiring proper maintenance of land.
  264. 180 Appeal against notice under section 179.
  265. 181 Register of notices under section 179.
  266. 182 Regulations controlling display of advertisements.
  267. 183 Power to make different advertisement regulations for different areas.
  268. 184 Planning permission not needed for advertisements complying with regulations.
  269. 185 Repayment of expense of removing prohibited advertisements.
  270. 186 Enforcement of control as to advertisements.
  271. 187 Power to remove or obliterate placards and posters.
  272. 188 Acquisition of land by agreement.
  273. 189 Compulsory acquisition of land in connection with development and for other planning purposes.
  274. 190 Compulsory acquisition of land by Secretary of State for the Environment.
  275. 191 Disposal of land held for planning purposes.
  276. 192 Disposal by Secretary of State of land acquired under section 190.
  277. 193 Development of land held for planning purposes.
  278. 194 Extinguishment of rights over land compulsorily acquired.
  279. 195 General vesting declarations.
  280. 196 Power to override servitudes and other rights.
  281. 197 Provisions as to churches and burial grounds.
  282. 198 Use and development of land for open spaces.
  283. 199 Displacement of persons from land acquired or appropriated.
  284. 200 Modification of incorporated enactments for purposes of this Part.
  285. 201 Interpretation of this Part.
  286. 202 Roads affected by development: orders by Secretary of State.
  287. 203 Order extinguishing right to use vehicles on road.
  288. 204 Compensation for orders under section 203.
  289. 205 Provision of amenity for road reserved to pedestrians.
  290. 206 Extinguishment of public rights of way over land held for planning purposes.
  291. 207 Roads affected by development: orders by planning authorities.
  292. 208 Footpaths and bridleways affected by development: orders by planning authorities.
  293. 209 Procedure for making and confirming orders by Secretary of State and planning authorities.
  294. 210 Recovery of costs of making orders.
  295. 211 Concurrent proceedings in connection with roads.
  296. 212 Electronic communications apparatus .
  297. 213 Temporary stopping up of roads, footpaths and bridleways for mineral workings.
  298. 214 Meaning of “statutory undertakers”.
  299. 215 Meaning of “operational land”.
  300. 216 Cases in which land is to be treated as not being operational land.
  301. 217 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  302. 218 Applications for planning permission by statutory undertakers.
  303. 219 Conditional grants of planning permission.
  304. 220 Development requiring authorisation of government department.
  305. 221 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  306. 222 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  307. 223 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  308. 224 Extinguishment of rights of statutory undertakers: preliminary notices.
  309. 225 Extinguishment of rights of telecommunications code system operators: preliminary notices.
  310. 226 Notice for same purposes as sections 224 and 225 but given by undertakers to developing authority.
  311. 227 Orders under sections 224 and 225.
  312. 228 Extension or modification of functions of statutory undertakers.
  313. 229 Procedure in relation to orders under section 228.
  314. 230 Relief of statutory undertakers from obligations rendered impracticable.
  315. 231 Objections to orders under sections 228 and 230.
  316. 232 Right to compensation in respect of certain decisions and orders.
  317. 233 Measure of compensation to statutory undertakers etc.
  318. 234 Exclusion of section 233 at option of statutory undertakers.
  319. 235 Procedure for assessing compensation.
  320. 236 Special provisions as to display of advertisements on operational land.
  321. 237 Validity of development plans and certain orders, decisions and directions.
  322. 238 Proceedings for questioning validity of development plans and certain schemes and orders.
  323. 239 Proceedings for questioning the validity of other orders, decisions and directions.
  324. 240 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  325. 241 Special provisions as to orders subject to special parliamentary procedure.
  326. 241A Application to the Crown
  327. 242 Preliminary definitions.
  328. 242A Urgent Crown development: application
  329. 243 Control of development on Crown land: special enforcement notices.
  330. 244 Supplementary provisions as to special enforcement notices.
  331. 245 Exercise of powers in relation to Crown land.
  332. 245A Enforcement in relation to the Crown
  333. 245B References to an interest in land
  334. 246 Agreements relating to Crown land.
  335. 247 Supplementary provisions as to Crown interest.
  336. 247A Applications for planning permission by Crown
  337. 248 Application for planning permission etc. in anticipation of disposal of Crown land.
  338. 249 Tree preservation orders in anticipation of disposal of Crown land.
  339. 250 Requirement of planning permission for continuance of use instituted by the Crown.
  340. 251 Enforcement in respect of war-time breaches of planning control by the Crown.
  341. 251B National planning improvement co-ordinator
  342. 252 Fees for planning applications etc.
  343. 253 Grants for research and education.
  344. 253A Grants for advice and assistance
  345. 254 Contributions by Ministers towards compensation paid by planning authorities.
  346. 255 Contributions by local authorities and statutory undertakers.
  347. 256 Assistance for acquisition of property where objection made to blight notice in certain cases.
  348. 257 Recovery from acquiring authorities of sums paid by way of compensation.
  349. 258 Sums recoverable from acquiring authorities reckonable for purposes of grant.
  350. 259 Financial provision.
  351. 260 General provision as to receipts of Secretary of State.
  352. 261 Expenses of, and borrowing by, local authorities.
  353. 262 Power to modify Act in relation to minerals.
  354. 263 Application of certain provisions to planning authorities.
  355. 263A National Scenic Areas
  356. 263B National Scenic Areas: report on consultation
  357. 264 Natural Heritage Areas.
  358. 264A National Parks
  359. 265 Local inquiries.
  360. 265A Planning inquiries to be held in public subject to certain exceptions
  361. 266 Orders as to expenses of parties where no local inquiry held.
  362. 267 Appeals and applications under this Act: procedure etc.
  363. 268 Inquiries under Private Legislation Procedure (Scotland) Act 1936.
  364. 268A Promotion and use of mediation etc.
  365. 269 Rights of entry.
  366. 270 Supplementary provisions as to rights of entry.
  367. 270A Rights of entry: Crown land
  368. 270B Equal opportunities
  369. 271 Service of notices.
  370. 271A Service of notices on the Crown
  371. 272 Power to require information as to interests in land.
  372. 272A Information as to interests in Crown land
  373. 273 Offences by corporations.
  374. 274 Combined applications.
  375. 275 Regulations and orders.
  376. 275A Further provision as regards regulations: inquiries etc.
  377. 275B Directions
  378. 276 Act not excluded by special enactments.
  379. 277 Interpretation.
  380. 278 Citation, commencement and extent.
  381. SCHEDULE 1 Old development plans
  382. SCHEDULE 2 Exemptions from planning permission for certain land uses in 1948
  383. SCHEDULE 3 Conditions relating to mineral working
  384. SCHEDULE 4 Determination of certain appeals by person appointed by Secretary of State
  385. SCHEDULE 5 Simplified planning zones
  386. SCHEDULE 5A Masterplan consent areas
  387. SCHEDULE 6 Planning Inquiry Commissions
  388. SCHEDULE 7 Joint Planning Inquiry Commissions
  389. SCHEDULE 8 Old mineral workings and permissions
  390. SCHEDULE 9 Review of old mineral planning permissions
  391. SCHEDULE 10 Periodic review of mineral planning permissions
  392. SCHEDULE 11 Development not constituting new development
  393. SCHEDULE 12 Condition treated as applicable to rebuilding and alterations
  394. SCHEDULE 13 Regulations as to compensation in respect of orders relating to mineral working
  395. SCHEDULE 14 Blighted land
  396. SCHEDULE 15 General vesting declarations
  397. SCHEDULE 16 Procedure for making and confirming orders relating to roads and rights of way
  398. SCHEDULE 17 Enforcement as respects war-time breaches by the crown of planning control
  399. SCHEDULE 18 Provisions of this Act referred to in sections 261 to 263
  400. SCHEDULE 19 Local place plans

Proposed changes to this act

No one has proposed a change to this act yet.

400 provisions

Title and introductory text

Town and Country Planning (Scotland) Act 1997 1997 c. 8 An Act to consolidate certain enactments relating to town and country planning in Scotland with amendments to give effect to recommendations of the Scottish Law Commission. [27th February 1997] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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1 Planning authorities.

(1) The planning authority for the purposes of this Act shall be the local authority and the district of the planning authority shall be the area of the local authority. (2) In any enactment or instrument made under or by virtue of an enactment, a reference to a planning authority shall, unless otherwise provided, or unless the context otherwise requires, be construed as a reference to a local authority. (3) This section is subject to the provisions of this Act and of any other enactment.

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1A Planning authorities: chief planning officer

(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.

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2 Enterprise zones.

(1) An order under paragraph 5 of Schedule 32 to the Local Government, Planning and Land Act 1980 (designation of enterprise zone) may provide that the enterprise zone authority shall be the planning authority for the zone for such purposes of the planning Acts and in relation to such kinds of development as may be specified in the order. (2) Without prejudice to the generality of paragraph 15(1) of that Schedule (modification of orders by the Secretary of State), an order under that paragraph may provide that the enterprise zone authority shall be the planning authority for the zone for different purposes of the planning Acts or in relation to different kinds of development. (3) Where such provision as is mentioned in subsection (1) or (2) is made by an order designating an enterprise zone or, as the case may be, an order modifying such an order, while the zone subsists the enterprise zone authority shall be, to the extent mentioned in the order (as it has effect subject to any such modifications) and to the extent that it is not already, the planning authority for the zone in place of any authority who would otherwise be the planning authority for the zone. (4) The Secretary of State may by regulations make transitional and supplementary provision in relation to a provision of an order under paragraph 5 of that Schedule made by virtue of subsection (1). (5) Such regulations may modify any provision of the planning Acts or any instrument made under any of them or may apply any such enactment or instrument (with or without modification) in making such transitional or supplementary provision.

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3 Urban development areas.

(1) Where an order is made under subsection (6) of section 149 of the Local Government, Planning and Land Act 1980 (urban development corporation as planning authority), the urban development corporation specified in the order shall be the planning authority for such area as may be so specified in place of any authority who would otherwise be the planning authority for that area in relation to such kinds of development as may be so specified. (2) Where an order under subsection (8)(a) of that section confers any functions on an urban development corporation in relation to any area the corporation shall have those functions in place of any authority (except the Secretary of State) who would otherwise have them in that area.

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3ZA Purpose of planning

(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.

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3A National Planning Framework

(1) There is to be a spatial plan for Scotland to be known as the “National Planning Framework”. (2) The National Planning Framework is to set out the Scottish Ministers' policies and proposals for the development and use of land. (3) The National Planning Framework must contain— (a) a strategy for Scotland's spatial development, ... (b) a statement of what the Scottish Ministers consider to be priorities for that development, (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). (3A) The outcomes are— (a) meeting the housing needs of people living in Scotland including, in particular, the housing needs for older people and disabled people, (b) improving the health and wellbeing of people living in Scotland, (c) increasing the population of rural areas of Scotland, (d) improving equality and eliminating discrimination, (e) meeting any targets relating to the reduction of emissions of greenhouse gases, within the meaning of the Climate Change (Scotland) Act 2009, contained in or set by virtue of that Act, and (f) securing positive effects for biodiversity. (4) The framework may— (a) contain an account of such matters as the Scottish Ministers consider affect, or may come to affect, the development and use of land, (aa) contain such maps, diagrams, illustrations and descriptive matter as may be prescribed of rural areas in relation to which there has been a substantial decline in population, (b) describe— (i) a development and designate it, or (ii) a class of development and designate each development within that class, a “national development”, and (c) contain any other matter which the Scottish Ministers consider it appropriate to include. (4A) The Scottish Ministers must have due regard to any National Scenic Areas report published by them under section 263B when preparing the framework. (5) If the framework contains a designation under subsection (4)(b), the framework— (za) must have regard to an infrastructure investment plan published by the Scottish Ministers and include a statement setting out the ways the plan has been taken into account in preparing the framework, (a) must contain a statement by the Scottish Ministers of their reasons for considering that there is a need for the national development in question, and (b) may contain a statement by the Scottish Ministers as regards other matters pertaining to that designation. (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). (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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3AA Duty to review the National Planning Framework

(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.

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3AB Revising the framework: participation statement and considerations

(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.

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3AC Information to assist preparation of National Planning Framework

(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.

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3B Proposals for National Planning Framework: Parliamentary consideration

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3C National Planning Framework to be laid before Parliament

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3CA National Planning Framework: procedure

(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.

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3CB Key agencies to co-operate

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.

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3CC Amendment of National Planning Framework

(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.

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3D Sustainable development: exercise of functions by Scottish Ministers

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3E Sustainable development

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3F Greenhouse gas emissions policies

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3G Open space strategy

(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.

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4ZA Regional spatial strategies

(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.

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4ZB Duties to have regard to regional spatial strategies

(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).

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4ZC Regional spatial strategies: first strategy, review and revision

(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).

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4ZD Directions to prepare or review regional spatial strategies

(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.

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4ZE Guidance for regional spatial strategies

(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.

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5 Strategic development plan area

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6 Re-determination of boundary of strategic development plan area

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7 Form and content of strategic development plan

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8 Preparation of strategic development plan etc. : general

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9 Main issues report for preparation of strategic development plan

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10 Preparation and publication of proposed strategic development plan

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11 Alternative proposals

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12 Examination of proposed strategic development plan

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12A Further provision as regards examination under section 12(2)

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13 Proposed strategic development plan: approval or rejection

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15 Form and content of local development plans

(1) A local development plan is a plan in which is set out, for land in the part of the district to which it relates— (a) a spatial strategy, being a detailed statement of the planning authority's policies and proposals as to the development and use of the land taking account of the matters mentioned in subsection (5), (b) such other matters as may be prescribed, and (c) any other matter which the planning authority consider it appropriate to include. (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. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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. (3) Where a local development plan contains policies or proposals for, or views as to, the occurrence of development on land owned by the planning authority, there is to be appended to the plan a schedule, in such form as may be prescribed, which identifies the land, states that it is so owned and refers to the policies, proposals or views in question. (4) A local development plan is, for the purpose of explaining or illustrating the proposals in the plan, to contain or be accompanied by— (a) such maps, diagrams, illustrations and descriptive matter as may be prescribed, and (b) such other diagrams, illustrations and descriptive matter (if any) as the planning authority think appropriate. (5) The matters referred to in subsection (1)(a) are— (a) the principal physical, cultural, economic, social, built heritage and environmental characteristics of the district, (b) the principal purposes for which the land is used, (c) the size, composition, health and distribution of the population of the district, (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, (d) the infrastructure of the district (including communications, transport and drainage systems, systems for the supply of water and energy, and health care and education facilities), (e) how that infrastructure is used, ... (f) any change which the planning authority think may occur in relation to any of the matters mentioned in paragraphs (a) to(eb). (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.

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15A Preparation of local development plan: invitation to prepare local place plans

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.

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15B Review of local place plans

(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.

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16 Preparation and monitoring of local development plans: general

(1) A planning authority are— (a) as soon as practicable after the coming into force of section 2 of the Planning etc. (Scotland) Act 2006 (asp 17) and thereafter— (i) whenever required to do so by the Scottish Ministers, or (ii) subject to sub-paragraph (i), at intervals of no more than 10 years, to prepare local development plans for all parts of their district, and (b) to keep under review the plans so prepared. (2) In preparing a local development plan the planning authority— (a) are to take into account— (i) the National Planning Framework, 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, (iii) any registered local place plan (see schedule 19) that is 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, (b) are to have regard to such information and considerations as may be prescribed, and (c) may have regard to such other information and considerations as appear to them to be relevant. (3) Different local development plans may be prepared for different purposes for the same part of any district. (4) Parts of districts for which local development plans are prepared for some purpose need not have the same boundaries as parts for which they are prepared for another purpose. (5) Two (or more) planning authorities may prepare a joint local development plan extending to parts of each (or all) of their districts. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) Where a planning authority fail to comply with subsection (1)(a), the Scottish Ministers may direct them to prepare a report as to the reasons for such failure and to submit that report to the Scottish Ministers. (8) In carrying out their duty under paragraph (b) of subsection (1), a planning authority are in particular to monitor— (a) changes in the characteristics referred to in section 15(5)(a), and (b) the impact of the policies and proposals contained within the local development plans. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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16A Participation of children and young people in local development plan

(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.

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16B Evidence report for preparation of local development plan

(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.

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