(1) The Scottish Ministers may issue guidance to planning authorities about undertaking effective community engagement in relation to the local development plan.
(2) Guidance under subsection (1) may include in particular guidance on—
(a) how, in preparing a local development plan, planning authorities are to undertake effective community engagement,
(b) ways in which planning authorities should consult communities and encourage them to contribute to the preparation of a local development plan,
(c) any other matters relevant to the functions of planning authorities in relation to community engagement in local development plans.
(3) Before issuing guidance under this section, the Scottish Ministers must consult such persons as they consider appropriate.
(4) The Scottish Ministers must publish in such manner as they consider appropriate any guidance issued under this section.
(5) A planning authority must have regard to any guidance issued to them under this section.
(6) The Scottish Ministers may vary or revoke guidance issued under this section.
(1) A planning authority must assess the sufficiency of play opportunities in its area for children in preparing an evidence report.
(2) The Scottish Ministers must by regulations make provisions about—
(a) the form and content of the assessment,
(b) such persons who must be consulted in relation to the assessment,
(c) publication of the assessment.
16E Publication of list of persons seeking land for self-build housing
(1) A planning authority are to prepare and maintain a list of persons who have registered interest with the authority with the intention of acquiring land in the authority's area for self-build housing.
(2) A planning authority are to publish the list in such manner as the authority consider appropriate (as for example by means of the internet).
(3) For the purpose of subsection (1), self-build housing is where an individual commissions or (whether acting alone or with other individuals) is personally involved in the design and construction of a dwelling that is intended to be the individual's main residence once it is built.
18 Preparation and publication of proposed local development plan
(1) After being notified under section 16B(9), the planning authority are—
(a) having regard to the evidence report in relation to which notification under that section was received, to prepare and publish in such manner as is prescribed a proposed local development plan,
(aa) to publish the evidence report at the same time and in the same manner as the proposed local development plan,
(b) to send a copy of that proposed plan and the evidence report to each key agency,
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) to consult, with regard to the proposed plan, the key agencies and such persons as may be prescribed, and
(e) in such circumstances as may be prescribed, to give notice—
(i) in such form,
(ii) of such matter, and
(iii) to such persons,
as may be specified in the regulations in question.
(1A) Without prejudice to the generality of subsection (1)(d), a planning authority for a district all or part of which falls within the boundary identified by the Central Scotland Green Network Partnership are (for so long as such a body is included in the National Planning Framework as a national development) to consult the Network on the proposed local development plan.
(1B) Before publishing a proposed local development plan under subsection (1), the planning authority must approve the plan.
(1C) Section 56 of the Local Government (Scotland) Act 1973 (arrangements for discharge of functions by local authorities) does not apply to the function of approving a proposed local development plan.
(2) Publication under subsection (1)(a) is to include specification of a date (being a date not less than 12 weeks after the date of publication) by which any representations with respect to the proposed local development plan must be made to the authority.
(3) After the date specified by virtue of subsection (2), the planning authority may modify the proposed local development plan so as to take account of—
(a) any representations timeously made to them as respects that proposed plan (or of any matters arising out of representations so made),
(b) any matters arising in consultation under subsection (1)(d), and
(c) any minor drafting or technical matters.
(4) ... The authority—
(a) are to submit the proposed local development plan to the Scottish Ministers together with—
(i) a report as to the extent to which the authority's actings with regard to consultation and the involvement of the public at large have conformed with (or have gone beyond the requirements of) the authority's current participation statement, ...
(ii) a copy of their proposed delivery programme for the plan, and
(iii) if modifications have been made to the proposed plan under subsection (3), a report setting out—
(A) the modifications made, and
(B) the reasons for making them.
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) It is the duty of a key agency to co-operate with the planning authority in the preparation of the authority's proposed local development plan.
(1) On submitting a proposed local development plan under paragraph (a) of section 18(4), a planning authority are, if the circumstances are as mentioned in subsection (2), to request the Scottish Ministers to make an appointment under subsection (3).
(2) The circumstances are that representations timeously made were not taken account of (or not fully taken account of) in modifications under subsection (3) ... of section 18 and have not been withdrawn.
(3) If, when a proposed development plan is submitted to the Scottish Ministers under paragraph (a) of section 18(4)—
(a) a request is made under subsection (1), or
(b) no such request is made but it appears to them that the circumstances are as mentioned in subsection (2),
they are to appoint a person to examine under this subsection the proposed plan.
(4) But where an appointment is made under subsection (3), the appointed person is firstly to examine under this subsection the extent to which the planning authority's actings with regard to consultation and the involvement of the public at large as respects the proposed plan have conformed with (or have been beyond the requirements of) the participation statement of the authority which was current when the proposed plan was published under section 18(1)(a).
(5) The Scottish Ministers may make regulations as to—
(a) meeting general administrative costs, staff costs and overheads incurred in relation to an examination under subsection (3) or (4),
(b) procedures to be followed at such an examination, and
(c) what is to be assessed in such an examination and matters by reference to which the assessment is to be made;
but the form the examination is to take (as for example whether it should be in public or as to whether persons who have made representations, and other persons, are to be heard or are to present written submissions) is to be at the discretion of the appointed person.
(5A) When a request is made under subsection (1), or an appointment is made under subsection (3) without a request having been made, the planning authority must publish in the prescribed manner—
(a) the proposed plan, and
(b) if modifications were made to the proposed plan under section 18(3) or 19A(5)(b)(i), a report setting out—
(i) the modifications made, and
(ii) the reasons for making them.
(6) When a person is appointed under subsection (3), the planning authority are—
(a) to advertise the forthcoming examination of the proposed plan in a local newspaper and in the public libraries within the part of the authority's district to which the proposed plan relates, and
(b) to serve notice of that examination on each of the persons who have made the representations mentioned in subsection (2).
(7) No such examination as is mentioned in subsection (3) is to be commenced—
(a) within 4 weeks after the appointment is made, and
(b) where a report is submitted under subsection (1)(b) of section 19A, before a direction is given under subsection (3)(b) of that section.
(8) On completing his examination under subsection (3), unless section 19ZA applies, the appointed person is to—
(a) prepare a report—
(i) setting out, and giving reasons for, his conclusions and recommendations..., and
(ii) as to the matters considered by him under subsection (4),
(b) submit it to the planning authority,
(c) publish it, and
(d) serve on the persons mentioned in paragraph (b) of subsection (6), and on any person who made representations by virtue of section 19A, notice of the report's submission and publication (including the means of publication).
(8A) Recommendations under subsection (8)(a)(i) may include—
(a) recommendations that the planning authority make modifications to the proposed local development plan,
(b) in a case where the appointed person considers that a change required is not suitable to be dealt with by such modification, a recommendation that, if adopted, the planning authority should amend the local development plan under section 20AA in relation to such matters as may be specified in the report.
(8B) Where a report prepared under subsection (8)(a) includes a recommendation of the type described in subsection (8A)(b), the appointed person must send a copy of the report to the Scottish Ministers.
(9) In subsections (5A) and (8)(c), “ publish ” includes, without prejudice to that expression's generality, publish by electronic means (as for example by means of the internet).
(10) The planning authority are, on receiving a report submitted under subsection (8)(b)—
(a) to make—
(i) (except in so far as they decline to do so, on such grounds as may be prescribed for the purposes of this sub-paragraph) such modifications, if any, to the proposed local development plan as the appointed person recommends, and
(ii) such other modifications to it, if any, as appear to them to be requisite having regard to the report,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) But the authority may, before complying with subsection (10), secure the carrying out of an environmental assessment (within the meaning of the Environmental Assessment (Scotland) Act 2005 (asp 15)) in relation to the proposed plan as so modified; and if they do so then paragraph (a) of that subsection is to be construed as subject to the qualification that any modification made must, in the opinion of the authority, be acceptable having regard to that assessment.
(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19ZA Examination under section 19(3): further provision
(1) This section applies where—
(a) a person appointed under subsection (3) of section 19 is conducting an examination of a proposed local development plan under that subsection, and
(b) the person is not satisfied that the amount of land allocated for housing in the proposed local development plan is sufficient to meet the targets it includes in relation to the housing needs of people living in the part of the district to which it relates (see section 15(1A)).
(2) The appointed person may, instead of preparing a report under section 19(8), issue a notice to the planning authority requiring it to prepare another proposed local development plan under section 18(1).
(3) A notice under subsection (2) must include—
(a) a statement that the proposed local development plan is unsatisfactory due to its failure to address the identified housing needs,
(b) the appointed person's reasons for coming to that conclusion.
(4) The appointed person must—
(a) send a copy of a notice issued under subsection (2) to the Scottish Ministers,
(b) publish it, and
(c) notify the persons mentioned in paragraph (b) of section 19(6), and any person who made representations by virtue of section 19A that a notice has been given under subsection (2) (and its effect).
(5) A planning authority that receive a notice under subsection (2)—
(a) may not take any further action in respect of the unsatisfactory proposed local development plan, and
(b) must prepare another proposed local development plan in accordance with section 18.
(6) The planning authority may use the evidence report prepared and assessed in respect of the unsatisfactory proposed local development plan for the purpose of subsection (5)(b).
(7) In subsection (4)(b), “publish” includes, without prejudice to that expression's generality, publish by electronic means (as for example by means of the internet).
19A Further provision as regards examination under section 19(4)
(1) If, having conducted an examination under subsection (4) of section 19, the appointed person is not satisfied with the actings mentioned in that subsection he is to—
(a) prepare a report setting out his reasons for not being satisfied and recommending that the authority take such further steps with regard to—
(i) consultation, or
(ii) involving the public at large,
as are specified in the report,
(b) submit it to the Scottish Ministers, and
(c) send a copy of it to the planning authority.
(2) The authority may, within 4 weeks after receiving that copy, make representations to the Scottish Ministers as regards the report.
(3) The Scottish Ministers, provided that 4 weeks have elapsed since they received the report, may—
(a) direct the authority to take such further steps with regard to—
(i) consultation, or
(ii) involving the public at large,
as are specified in the direction, or
(b) direct the appointed person to proceed to an examination under subsection (3) of section 19.
(4) In giving a direction under paragraph (a) of subsection (3) the Scottish Ministers are to have regard to the appointed person's recommendations under paragraph (a) of subsection (1) and to any representations made under subsection (2).
(5) Where such a direction is given—
(a) the appointed person is not to proceed to an examination under subsection (3) of section 19, and
(b) after the further steps specified in the direction have been taken the authority—
(i) may modify the proposed local development plan so as to take account of any representations made to them in consequence of their taking those steps (and of any minor drafting or technical matters), and
(ii) are to submit it (whether or not modified) to the Scottish Ministers together with a note of any representations so made and of whether those representations are taken account of in the plan (and if so to what extent) and a report as to the extent to which the authority's actings with regard to consultation and involving the public at large have conformed with (or have gone beyond the requirements of) the specification of further steps.
(6) But if the authority consider that modifications are requisite and are such as would change the underlying aims or strategy of the proposed plan they are not to modify it (or submit it unmodified to the Scottish Ministers) but are to prepare and publish under section 18(1) a new proposed local development plan.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) Section 19 and this section apply in relation to a proposed local development plan submitted under subsection (5)(b)(ii) as they apply in relation to such a plan submitted under section 18(4)(a).
(10) Except that for the purposes of the application provided for in subsection (9), section 19 is to be construed as if—
(a) in subsection (2), for the words “subsection (3) ... of section 18” there were substituted “ section 19A(5)(b)(i) ”, and
(b) in subsection (4), for the words “the participation statement of the authority which was current when the proposed plan was published under section 18(1)(a)” there were substituted “ the further steps specified in the direction under section 19A(3)(a) ”.
(1) On being adopted by the planning authority the proposed local development plan is constituted as the local development plan.
(1A) A proposed local development plan may not be adopted before the end of the period that—
(a) begins on the day it is submitted to the Scottish Ministers under section 18(4)(a) or (as the case may be) 19A(5)(b)(ii), and
(b) ends at the end of the day that falls 28 days later.
(1B) Where—
(a) a request is made under section 19(1) when a proposed local development plan is submitted to the Scottish Ministers, or
(b) no such request is made but, within the 28 day period described in subsection (1A), the Ministers appoint a person under section 19(3),
the proposed local development plan may not be adopted until the planning authority have received a report in relation to the plan submitted under section 19(8)(b).
20A Publication of and publicity for local development plan
(1) As soon as is reasonably practicable after the local development plan is constituted as mentioned in section 20(1), the planning authority are to—
(a) send two copies of it to the Scottish Ministers,
(b) publish it,
(c) place a copy of it in each public library in the part of the district to which it relates,
(d) both—
(i) notify each person who made representations under section 18 or by virtue of section 19A, and
(ii) advertise, in a local newspaper,
that the local development plan has been published (including the means of publication) and is available for inspection in those libraries.
(1A) In addition to taking the steps required by subsection (1), as soon as reasonably practicable after the local development plan is constituted the planning authority must—
(a) in the circumstances described by subsection (1B), publish in the prescribed manner a recommended-modification statement, and
(b) in the circumstance described by subsection (1C), publish in the prescribed manner a report on modifications (but this requirement is qualified by subsection (1D)).
(1B) The circumstances referred to in subsection (1A)(a) are—
(a) a person appointed under section 19(3) recommended a modification to a proposed version of the plan, and
(b) the modification was not made.
(1C) The circumstance referred to in subsection (1A)(b) is that the constituted plan differs from the proposed plan published under section 18(1)(a) as a result of modifications made under section 18(3), 19(10) or 19A(5)(b)(i).
(1D) In a case where a report in relation to a proposed version of the plan has been published as required by section 19(5A)—
(a) if no modifications were subsequently made, a report on modifications need not be published,
(b) if modifications were subsequently made, the report on modifications need only set out those modifications.
(1E) In this section—
(a) “recommended-modification statement” means a statement that—
(i) sets out the modification mentioned in subsection (1B), and
(ii) explains, by reference to the grounds prescribed for the purposes of section 19(10)(a)(i), why the modification was not made,
(b) “report on modifications” means a report that sets out—
(i) the modifications mentioned in subsection (1C), and
(ii) the reasons for making them.
(2) Inthis section, “ publish ” includes, without prejudice to that expression's generality, publish by electronic means (as for example by means of the internet).
(1) A planning authority may at any time amend a local development plan constituted for their district.
(2) The Scottish Ministers may direct a planning authority to exercise their power under subsection (1) in relation to matters specified in the direction.
(3) A direction under subsection (2) must set out the Scottish Ministers' reasons for requiring an amendment to the local development plan.
(4) In preparing an amendment to a local development plan, a planning authority—
(a) are to take into account—
(i) the National Planning Framework,
(ii) any local outcomes improvement plan (within the meaning of section 6 of the Community Empowerment (Scotland) Act 2015) for the part of their district to which the local development plan relates,
(b) are to have regard to such information and considerations as are prescribed, and
(c) may have regard to such other information and considerations as appear to them to be relevant.
(5) The Scottish Ministers may by regulations make further provision about amendments under subsection (1).
(6) Regulations under subsection (5) may in particular make provision—
(a) about the procedures to be followed,
(b) about the consultation to be undertaken on proposed amendments,
(c) about when the amendments take effect,
(d) about the publication of the amended plan.
(7) Regulations under subsection (5) may provide that sections 16A to 20A apply to an amendment to a local development plan as they apply to a local development plan subject to such modifications as are specified in the regulations.
(1) A development plan scheme is to be prepared ... by each planning authority.
(2) An authority are to prepare the scheme—
(a) whenever required to do so by the Scottish Ministers, and
(b) (subject to paragraph (a)) whenever the authority think it appropriate to do so but in any event within 1 year after last preparing such a scheme.
(3) A development plan scheme is a document setting out the authority's programme for preparing and reviewing ... their local development plans.
(4) Without prejudice to the generality of subsection (3), “programme” in that subsection includes, having regard to the provisions of this Part—
(a) proposed timetabling,
(b) details of what is likely to be involved at each stage of preparation or review, and
(c) an account (in this Part referred to as an authority's “participation statement”) of when consultation is likely to take place and with whom and of its likely form and of the steps to be taken to involve the public at large in the stages of preparation or review.
(4A) In preparing the development plan scheme the planning authority are to seek the views of, and have regard to any views expressed by the public at large as to the content of the participation statement.
(5) As soon as is reasonably practicable after a development plan scheme has been adopted, the authority which prepared it are to—
(a) send two copies of it to the Scottish Ministers,
(b) publish it, and
(c) place a copy of it in each public library in the area of the authority.
(6) In subsection (5)(b), “ publish ” includes, without prejudice to that expression's generality, publish by electronic means (as for example by means of the internet).
(7) Regulations may make provision as to—
(a) the form and content of, and
(b) the procedures for preparing and adopting,
a development plan scheme.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) A planning authority who prepare a local development plan are to prepare a delivery programme for the plan.
(3) In preparing a delivery programme an authority are to seek the views of, and have regard to any views expressed by—
(a) the key agencies, and
(b) such persons as may be prescribed.
(4) When an authority publish a proposed—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) local development plan under section 18(1)(a),
they are to publish a proposeddelivery programme for the plan.
(4A) It is the duty of the head of the planning authority's paid service (designated under section 4 of the Local Government and Housing Act 1989) to prepare the proposed delivery programme.
(4B) The planning authority must approve the proposed delivery programme before it is published.
(4C) Section 56 of the Local Government (Scotland) Act 1973 (arrangements for discharge of functions by local authorities) does not apply to the function of approving a proposed delivery programme.
(5) It is the duty of a key agency to co-operate with an authority in the preparation of the authority's delivery programme or proposed delivery programme.
(6) A delivery programme is a document setting out how an authority propose to implement the plan to which it relates.
(7) Regulations may make provision as to—
(a) the form and content of, and
(b) the procedures for preparing and adopting,
a delivery programme.
(8) The authority are to adopt and publish the delivery programme within 3 months after the date on which the plan to which it relates is constituted.
(9) The authority must keep the delivery programme under review and must update and re-publish it—
(a) whenever required to do so by the Scottish Ministers, and
(b) (subject to paragraph (a)) whenever they think it appropriate to do so but in any event within 2 years after last publishing (or re-publishing) it.
(10) When they publish, or re-publish, a delivery programme, the authority are to—
(a) send two copies of it to the Scottish Ministers, and
(b) place a copy of it in each public library—
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) ... in the part of the authority's district to which the local development plan in question relates,
and such publication, or re-publication, is to include by electronic means (as for example by means of the internet).
23 Disregarding of representations with respect to development authorised by or under other enactments
(1) Where subsection (2) applies—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) neither the Scottish Ministers nor a planning authority need consider representations with respect to—
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) a proposed local development plan.
(2) This subsection applies where it appears to the Scottish Ministers or the authority, as the case may be, that those representations are in substance representations with respect to things done or proposed to be done in pursuance of—
(a) an order or scheme under section 5, 7, 9 or 12 of the Roads (Scotland) Act 1984 (c. 54) (trunk road orders, special road schemes and orders for other public roads), or
(b) an order under section 1 of the New Towns (Scotland) Act 1968 (c. 16) (designation of sites of new towns).
(1) Regulations under this Part may extend throughout Scotland or to specified areas only and may make different provision for different cases.
(2) Subject to the previous provisions of this Part and to any such regulations, the Scottish Ministers may give directions to any planning authority ..., or to planning authorities ... generally for—
(a) formulating the procedure for the carrying out of functions under this Part, or
(b) requiring them to give the Scottish Ministers such information as the Scottish Ministers may require for carrying out functions under this Part.
(1) This section applies where—
(a) under any of the previous sections of this Part, any ... local development plan requires to be prepared, ... any ... proposed local development plan requires to be submitted to the Scottish Ministers, or steps are required to be taken for the adoption of a proposed local development plan, and
(b) the Scottish Ministers are satisfied that the authority in question—
(i) are not, within a reasonable period, doing what is required, or
(ii) have not met a time limit specified in any of those provisions for doing what is required (or some part of what is required).
(2) Where this section applies, the Scottish Ministers may—
(a) direct the authority in question (the “defaulting authority”) to carry out that authority's functions in relation to the matter and may specify in the direction the factors to be taken into account or objectives to be achieved by that authority in so doing, or
(b) prepare a ... local development plan.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The previous sections of this Part apply, so far as applicable and with any necessary modifications, in relation to the doing of anything—
(a) under subsection (2)(b) by the Scottish Ministers, or
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
as they apply in relation to the doing of anything by the defaulting authority.
(5) The defaulting authority—
(a) must on demand repay to the Scottish Ministers so much of any expenses incurred by the Scottish Ministers in connection with the doing of anything which should have been done by the defaulting authority as the Scottish Ministers certify to have been incurred in the performance of the defaulting authority's functions, and
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
As soon as practicable after an order has been made under paragraph 5 of Schedule 32 to the Local Government, Planning and Land Act 1980 (c. 65) (designation of enterprise zone scheme) or a notification has been given under paragraph 11 of that Schedule (modification of such a scheme)—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) a planning authority for a district in which the enterprise zone is wholly or partly situated are, in that light, to review any local development plan which relates to land situated both in the district and in the zone.
Any reference in a provision of Part 1A or this Part to a “key agency” is to a person (other than an individual) or an officeholder which the Scottish Ministers specify as such for the purposes of that provision by regulations.
(1) For the purposes of this Act, any other enactment relating to town and country planning and the Land Compensation (Scotland) Act 1963, the development plan for an area is to be taken as consisting of the provisions of—
(a) the National Planning Framework,
(b) any strategic development plan for the time being applicable to the area, together with—
(i) the Scottish Ministers' notice of approval of that plan, and
(ii) any supplementary guidance issued in connection with that plan, and
(c) any local development plan for the time being applicable to the area.
(2) A reference in subsection (1) to provisions of a framework or plan is to be construed as a reference to so much of the provisions as are applicable to the area.
(3) In the event of any incompatibility between a provision of the National Planning Framework and a provision of a local development plan, whichever of them is the later in date is to prevail.
(4) For the purposes of subsection (3)—
(a) the date of the National Planning Framework is the latest date on which it was published under section 3CA(7),
(b) the date of a local development plan is the date on which it was constituted under section 20.
(5) This section has effect subject to Schedule 1 (old development plans).
(1) Where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination is, unless material considerations indicate otherwise , to be made in accordance with that plan.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Subject to the following provisions of this section and to section 26AB, in this Act, except where the context otherwise requires, “development” means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land, or the operation of a marine fish farm in the circumstances specified in section 26AA.
(2) The following operations or uses of land shall not be taken for the purposes of this Act to involve development of the land—
(a) the carrying out of works for the maintenance, improvement or other alteration of any building being works which—
(i) affect only the interior of the building, or
(ii) do not materially affect the external appearance of the building,
and are not works for making good war damage within the meaning of the War Damage Act 1943 or works begun after 7th December, 1969 for the alteration of a building by providing additional space in it underground;
(b) the carrying out by a roads authority (as defined by section 151(1) of the Roads (Scotland) Act 1984) on land within the boundaries of a road of any works required for the maintenance or improvement of the road but , in the case of any such works which are not exclusively for the maintenance of the road, not including any works which may have significant adverse effects on the environment;
(c) the carrying out by a local authority or statutory undertakers of any works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including the breaking open of any road or other land for that purpose;
(d) the use of any buildings or other land within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse as such;
(e) subject to subsection (2A), the use of any land for the purposes of agriculture or forestry (including afforestation) and the use for any of those purposes of any building occupied together with land so used;
(f) in the case of buildings or other land which are used for a purpose of any class specified in an order made by the Secretary of State under this section, the use of the buildings or other land or, subject to the provisions of the order, of any part of the buildings or the other land, for any other purpose of the same class;
(g) the demolition of any description of building specified in a direction given by the Secretary of State to planning authorities generally or to a particular planning authority.
(2AA) The Scottish Ministers may in a development order specify any circumstances, or description of circumstances, in which subsection (2) does not apply to operations mentioned in paragraph (a) of that subsection which have the effect of increasing the gross floor space of the building by such amount or percentage as is so specified.
(2AB) The development order may make different provision for different purposes.
(2A) Development includes the carrying out of ... drainage for agriculture or of any other water management project for that purpose , but does not include the carrying out of irrigation work .
(3) For the avoidance of doubt it is hereby declared that for the purposes of this section—
(a) the use as two or more separate dwellinghouses of any building previously used as a single dwellinghouse involves a material change in the use of the building and of each part of it which is so used;
(b) the deposit of refuse or waste materials on land involves a material change in its use, notwithstanding that the land is comprised in a site already used for that purpose, if—
(i) the superficial area of the deposit is extended, or
(ii) the height of the deposit is extended and exceeds the level of the land adjoining the site.
(4) For the purposes of this Act building operations include—
(a) demolition of buildings,
(b) rebuilding,
(c) structural alterations of or additions to buildings, and
(d) other operations normally undertaken by a person carrying on business as a builder.
(5) For the purposes of this Act mining operations include—
(a) the removal of material of any description—
(i) from a mineral-working deposit,
(ii) from a deposit of pulverised fuel ash or other furnace ash or clinker, or
(iii) from a deposit of iron, steel or other metallic slags, and
(b) the extraction of minerals from a disused railway embankment.
(6) Where the placing or assembly of any equipment in any part of any waters which—
(a) are inland waters,
(b) not being inland waters, are landward of the baselines from which the breadth of the territorial sea adjacent to Scotland is measured, or
(c) are seaward of those baselines up to a distance of 12 nautical miles,
for the purpose of fish farming there would not, apart from this subsection, involve development of the land below, this Act shall have effect as if the equipment resulted from carrying out engineering operations over that land; and in this section—
...
“ equipment” includes any tank, cage or other structure, or long-line, for use in fish farming;
“fish farming” means the breeding, rearing or keeping of fish or shellfish (which includes any kind of sea urchin, crustacean or mollusc);
“inland waters” means waters which do not form part of the sea or of any creek, bay or estuary or of any river as far as the tide flows; and
...
...
“nautical miles ” means international nautical miles of 1,852 metres
(6AA) Where the making of any material change in the use of equipment so placed or assembled for that purpose would not, apart from this subsection, involve development of the land below, this Act shall have effect as if the making of any such material change was development of that land.
(6A) The Scottish Ministers may by order made by statutory instrument make such modifications as they consider necessary or expedient to the definitions of “equipment” and “fish farming” in subsection (6); and an order under this subsection may make different provision for different purposes and different areas.
(6B) In subsection (6A), “ modifications ” includes amendments and repeals.
(6C) The Scottish Ministers may by order make such provision as they consider necessary or expedient for the purpose of, or in connection with, the application of this Act to—
(a) any such placing or assembly as is mentioned in subsection (6) in waters described in paragraph (b) or (c) of that subsection; or
(b) any material change in the use of equipment placed or assembled in those waters.
(6D) Any order under subsection (6C) may in particular provide that a planning authority specified in the order is to be the planning authority for the purposes of such an application of this Act despite the placing or assembly being something done, or the material change of use being made, outwith the district of the authority.
(6E) But in the application of subsections (6C) and (6D) to a case where, by virtue of paragraph (a) of section 10(1) of the National Parks (Scotland) Act 2000 (asp 10) the planning authority is a National Park authority, the reference in subsection (6D) to the district of the authority is to be construed as a reference to the National Park.
(6F) And the Scottish Ministers may direct that subsections (6C) and (6D) are to apply to a case where—
(a) by virtue of paragraph (b) of that section 10(1), a National Park authority is to be treated as the planning authority, or
(b) by virtue of paragraph (c) of that section 10(1), a National Park authority is to have certain functions in relation to planning.
(6G) For the purposes of any such application as is provided for in—
(a) paragraph (a) of subsection (6F), the reference in subsection (6D) to the district of the authority is to be construed as mentioned in subsection (6E) and for the words “planning authority specified in the order is to be” in subsection (6D) there is to be substituted “ National Park authority specified in the order is to be treated as ” ,
(b) paragraph (b) of subsection (6F), the reference in subsection (6D) to the district of the authority is to be construed as mentioned in subsection (6E) and for the words “planning authority specified in the order is to be the planning authority” in subsection (6D) there is to be substituted “ National Park authority specified in the order is to have functions in relation to planning ” .
(6H) Before making an order under subsection (6C), the Scottish Ministers—
(a) must consult—
(i) every planning authority, and
(ii) the Scottish Environment Protection Agency, and
(b) may consult such other persons as they think fit.
(6I) An order under subsection (6C) may (without prejudice to the generality of that subsection)—
(a) modify any enactment, instrument or document,
(b) make such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient,
(c) provide for the delegation of functions,
(d) make different provision for different purposes and different areas.
(6J) For the purposes of the exercise by a National Park authority of any planning functions which it has by virtue of subsections (6C) and (6D) in respect of waters described in paragraph (b) or (c) of subsection (6), any reference in section 9 of the National Parks (Scotland) Act 2000 (asp 10) (general purposes and functions of National Park authority) to the National Park itself is to be construed as including a reference to those waters.
(7) Without prejudice to any regulations under this Act relating to the control of advertisements, the use for the display of advertisements of any external part of a building which is not normally used for that purpose shall be treated for the purposes of this section as involving a material change in the use of that part of the building.
26AA Marine fish farms: circumstances referred to in section 26(1)
(1) The circumstances to which section 26(1) refers are—
(a) that the marine fish farm is being operated after—
(i) the date which is the appropriate date in respect of that fish farm, or
(ii) if earlier than that date, the date on which planning permission is granted, or an application for planning permission is refused, under section 31A, and
(b) that the operation involves the use of equipment which was placed or assembled in waters at a time when that placing or assembly did not constitute development under this Act.
(2) For the purposes of subsection (1)(a), the appropriate date in respect of a fish farm is whichever is the later of—
(a) a date prescribed by the Scottish Ministers for the purposes of this subsection, and
(b) the date on which any authorisation which—
(i) relates to the operation of that fish farm, and
(ii) is in effect at the date of commencement of section 4 of the Planning etc. (Scotland) Act 2006 (asp 17),
ceases to have effect.
(3) In this section and in section 31A—
“ authorisation ” means—
a consent for fish farming issued by the Crown Estate Commissioners or a relevant person ,
a licence granted under section 11 of the Orkney County Council Act 1974 (c.xxx), or
a licence granted under section 11 of the Zetland County Council Act 1974 (c.viii),
“ equipment ” has the same meaning as in section 26(6), ...
“ marine fish farm ” means a fish farm situated in any part of any waters referred to in paragraphs (b) and (c) of section 26(6). ; and
“relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests.
26AB Power by order to provide marine fish farming is not “development”
(1) The Scottish Ministers may by order provide that—
(a) section 26(6) does not apply as respects the placing or assembly of equipment for the purpose of fish farming in waters identified in the order (the “relevant waters”),
(b) section 26(6AA) does not apply as respects any material change in the use of equipment so placed or assembled for that purpose, and
(c) the operation of a marine fish farm in the relevant waters in the circumstances specified in section 26AA is not “development” for the purposes of this Act.
(2) An order under subsection (1) may be made only with the agreement of the planning authority (or planning authorities) for the relevant waters; and in this subsection the “planning authority” means the planning authority specified in an order under section 26(6D).
(1) For the purposes of the planning Acts, a development belongs to one of the following categories—
(a) the first (designated under section 3A(4)(b)), to be known as “ national developments ”,
(b) the second, to be known as “ major developments ”, and
(c) the third, to be known as “ local developments ”.
(2) The Scottish Ministers are by regulations to describe classes of development other than national developments and assign each class to one or other of the categories mentioned in paragraphs (b) and (c) of subsection (1).
(3) But the Scottish Ministers may, as respects a particular local development, direct that the development is to be dealt with as if (instead of being a local development) it were a major development.
(4) Different provision may be made under subsection (2) for different areas.
(5) Regulations under subsection (2) are not made unless a draft of the instrument containing the regulations has been laid before, and approved by resolution of, the Scottish Parliament.
(1) A planning authority may designate all or part of its area as a short-term let control area for the purposes of this section.
(2) In a short-term let control area, the use of a dwellinghouse for the purpose of providing short-term lets is deemed to involve a material change of use of the dwellinghouse.
(3) For the purposes of this section, the following tenancies do not constitute a short-term let—
(a) a private residential tenancy under section 1 of the Private Housing (Tenancies) (Scotland) Act 2016,
(b) a tenancy of a dwellinghouse (or part of it) where all or part of the dwellinghouse is the only or principal home of the landlord or occupier.
(4) The power under subsection (1) includes the power to vary or cancel a designation.
(5) The Scottish Ministers may by regulations make further provision for the purposes of this section including, in particular, provision about—
(a) the procedure a planning authority must follow in order to make, vary or cancel a designation under subsection (1) (which may include requiring the approval of the Scottish Ministers),
(b) the form of a designation under subsection (1),
(c) what constitutes providing a short-term let for the purposes of this section, and
(d) any circumstances in which, or descriptions of dwellinghouse to which, this section does not apply.
(6) Before making regulations under subsection (5), the Scottish Ministers must consult planning authorities and such other persons as they consider appropriate.
(1) Subject to the following provisions of this section, for the purposes of this Act development of land shall be taken to be initiated—
(a) if the development consists of the carrying out of operations, at the time when those operations are begun;
(b) if the development consists of a change in use, at the time when the new use is instituted;
(c) if the development consists both of the carrying out of operations and of a change in use, at the earlier of the times mentioned in paragraphs (a) and (b).
(2) For the purposes of the provisions of this Part mentioned in subsection (3) development shall be taken to be begun on the earliest date on which any material operation comprised in the development begins to be carried out.
(3) The provisions referred to in subsection (2) are sections 52(2), 53(6), 54(4), 54B(1)(b), 54D(2), 58, 59 and 61 and paragraph 20 of schedule 5A .
(4) In subsection (2) “material operation” means—
(a) any work of construction in the course of the erection of a building,
(b) any work of demolition of a building,
(c) the digging of a trench which is to contain the foundations, or part of the foundations, of a building,
(d) the laying of any underground main or pipe to the foundations, or part of the foundations, of a building or to any such trench as is mentioned in paragraph (c),
(da) any placing or assembly of equipment as is mentioned in subsection (6) of section 26 in waters described in paragraph (b) or (c) of that subsection,
(e) any operation in the course of laying out or constructing a road or part of a road, or
(f) any change in the use of any land which constitutes material development.
(5) In subsection (4)(f) “material development” means any development other than—
(a) development for which planning permission is granted by a general development order for the time being in force and which is carried out so as to comply with any condition or limitation subject to which planning permission is so granted,
(b) development of a class specified in paragraph 1 or 2 of Schedule 11, and
(c) development of any class prescribed for the purposes of this subsection.
(6) In subsection (5) “general development order” means a development order (within the meaning of section 30(2)) made as a general order applicable (subject to such exceptions as may be specified in it) to all land in Scotland.
(1) A person who intends to carry out development for which planning permission has been given must, as soon as practicable after deciding on a date on which to initiate the development and in any event before commencing the development, give notice to the planning authority as to that date and as to such further matters as the Scottish Ministers may prescribe.
(2) In granting planning permission for the carrying out of any development of land, a planning authority are by notice to direct the attention of the applicant to the requirements of subsection (1), setting out the terms of subsection (1) and of section 123(1) in that notice.
(1) A person who completes development for which planning permission has been given must, as soon as practicable after doing so, give notice of completion to the planning authority.
(2) If an application to a planning authority for planning permission discloses, in the opinion of the authority, that the development in question is to be carried out in phases then any such permission granted is to be granted subject to a condition, imposed under section 37(1)(a) in respect of each phase except the last (notice of the completion of which is to be given under subsection (1)), that as soon as practicable after the phase is completed the person carrying out the development is to give notice of that completion to the planning authority.
27C Display of notice while development is carried out
(1) A person carrying out development of a prescribed class must until the development is completed display a notice containing prescribed information.
(2) The Scottish Ministers may by regulations make provision as to—
(a) the form of the notice required by subsection (1), and
(b) where such a notice is to be displayed.
(1) Subject to the following provisions of this section, planning permission is required for the carrying out of any development of land.
(1A) Subsection (1) is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for planning permission etc. for development for which development consent required).
(2) Where planning permission to develop land has been granted for a limited period, planning permission is not required for the resumption, at the end of that period, of its use for the purpose for which it was normally used before the permission was granted.
(3) Where by a development order planning permission to develop land has been granted subject to limitations, planning permission is not required for the use of that land which (apart from its use in accordance with that permission) is its normal use.
(4) Where an enforcement notice has been served in respect of any development of land, planning permission is not required for the use of that land for the purpose for which (in accordance with the provisions of this Part) it could lawfully have been used if that development had not been carried out.
(5) In determining for the purposes of subsections (2) and (3) what is or was the normal use of land, no account shall be taken of any use begun in contravention of this Part or of previous planning control.
(6) For the purposes of this section a use of land shall be taken to have been begun in contravention of previous planning control if it was begun in contravention of Part II of the 1947 Act or Part III of the 1972 Act.
(7) Subsection (1) has effect subject to Schedule 2 (which contains exemptions for certain uses of land on 1st July 1948).
(1) Planning permission may be granted—
(a) by a development order,
(b) by the planning authority (or, where this Part so provides, by the Secretary of State) on application to the authority in accordance with regulations or a development order,
(c) on the adoption or approval of a simplified planning zone scheme or alterations to such a scheme in accordance with section 49 or, as the case may be, section 53, ...
(ca) by a masterplan consent area scheme, or
(d) on the designation of an enterprise zone or the approval of a modified scheme under Schedule 32 to the Local Government Planning and Land Act 1980 in accordance with section 55 of this Act.
(2) Planning permission may also be deemed to be granted under section 57 (development with government authorisation).
(3) This section is without prejudice to any other provisions of this Act providing for the granting of permission.
(1) The Secretary of State shall by regulations or by order provide for the granting of planning permission.
(2) An order under this section (in this Act referred to as a “development order”) may itself grant planning permission for development specified in the order, or for development of any class so specified, and may be made either—
(a) as a general order applicable, except so far as it otherwise provides, to all land, but which may make different provision with respect to different descriptions of land and according to whether a development is a national development, a major development or a local development, or
(b) as a special order applicable only to such land or descriptions of land , or to such categories of development, as may be specified in the order.
(3) In respect of development for which planning permission is not granted by a development order, regulations or an order may provide for the granting of planning permission by the planning authority (or, where this Part so provides, by the Secretary of State) on an application made to the planning authority in accordance with the regulations or the order.
(1) Planning permission granted by a development order may be granted either unconditionally or subject to such conditions or limitations as may be specified in the order.
(2) Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for the erection, extension or alteration of any buildings, the order may require the approval of the planning authority to be obtained with respect to the design or external appearance of the buildings.
(3) Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for development of a specified class, the order may enable the Secretary of State or the planning authority to direct that the permission shall not apply either—
(a) in relation to development in a particular area, or
(b) in relation to any particular development.
(4) Any provision of a development order by which permission is granted for the use of land for any purpose on a limited number of days in a period specified in that provision shall (without prejudice to the generality of references in this Act to limitations) be taken to be a provision granting permission for the use of land for any purpose subject to the limitation that the land shall not be used for any one purpose in pursuance of that provision on more than that number of days in that period.
(5) For the purpose of enabling development to be carried out in accordance with planning permission, or otherwise for the purpose of promoting proper development in accordance with the development plan, a development order may direct that any enactment passed before 13th August 1947, or any regulations, orders or byelaws made at any time under any such enactment—
(a) shall not apply to any development specified in the order, or
(b) shall apply to it subject to such modifications as may be so specified.
31A Planning permission in respect of operation of marine fish farm
(1) This section applies to planning permission for the operation of a marine fish farm which involves the use of such equipment as is referred to in section 26AA(1)(b).
(2) Any planning permission is to be granted by the Scottish Ministers.
(2A) Subject to subsection (4), any planning permission may be granted by the Scottish Ministers—
(a) by order, or
(b) on application to them in accordance with regulations under subsection (8).
(3) Without prejudice to the generality of subsection (2), planning permission may be granted under that subsection as respects a class of development.
(4) Any planning permission granted by virtue of subsection (3) is to be granted by order, the class of development in question being specified in the order.
(4A) Subsection (4B) applies where—
(a) an order granting planning permission (whether by virtue of subsection (2A)(a) or subsection (3)) is revoked, and
(b) the date of the revocation is, in relation to any marine fish farm to which the order applied, earlier than the appropriate date (within the meaning of section 26AA(2)) in respect of that fish farm.
(4B) For the purposes of the operation of section 26AA(1)(a)(ii) in relation to any such marine fish farm after revocation of the order, the fact that planning permission had been granted by the order is to be ignored.
(5) Planning permission may be granted either unconditionally or subject to conditions or limitations.
(6) The conditions or limitations which may be imposed include conditions or limitations specified in any authorisation which is at the time of imposition in effect in relation to the fish farm.
(7) The principal matters to be taken into account by the Scottish Ministers in coming to a decision as to whether to grant planning permission are the likely impact of the development on—
(a) any European site within the meaning of regulation 10 of the Conservation (Natural Habitats &, c.) Regulations 1994 ( S.I. 1994/ 2716), and
(b) the environment generally.
(8) The Scottish Ministers may by regulations make provision—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) as to the form of an application for planning permission,
(c) specifying documents and information which require to accompany such an application,
(d) as to consultation in connection with such an application, and
(e) as to any other matters concerning procedure on such an application.
(1) Regulations or a development order may make provision as to applications for planning permission made to a planning authority or the Scottish Ministers.
(2) Provision referred to in subsection (1) includes provision as to—
(a) the form and manner in which an application must be made,
(b) particulars of such matters as are to be included in the application,
(c) any documents or other materials which are to accompany the application,
(d) evidence to be provided in support of anything in, or relating to, the application.
(3) The regulations or development order must—
(a) require that an application for planning permission of such description as is specified in the regulations or order is to be accompanied by a statement (either or both and if both then either in one document or in two)—
(i) about the design principles and concepts applied to the development,
(ii) about how issues relating to access for the disabled to the development have been dealt with,
(b) include provision as to the form and content of any such statement as is mentioned in paragraph (a), and
(c) require that an application in respect of which compliance with section 35B is required is to be accompanied by a pre-application consultation report prepared in accordance with section 35C.
(4) Different provision may be made under this section—
(a) for different cases or classes of case,
(b) for different areas, and
(c) according to whether a development is a national development, a major development or a local development.
32A Variation of application other than one referred to the Scottish Ministers
(1) An application for planning permission (other than an application referred to the Scottish Ministers under section 46 instead of being dealt with by the planning authority) may, with the agreement of the planning authority, be varied after it is made.
(2) And if the planning authority consider the variation to be such that there is a substantial change in the description of the development for which planning permission is sought, they are not to agree to the variation.
(3) Without prejudice to the generality of subsection (1), regulations or a development order may make provision as to the period within which, the circumstances in which and the procedures in accordance with which an application may be varied; but in any event an application is not to be varied after there is an appeal as respects it under section 47.
(4) The planning authority may, when an application is varied under this section, give such notice of the variation as they consider appropriate.
(5) In the case of an application for planning permission made to the Scottish Ministers, this section has effect as if any reference to the “planning authority” (other than the first such reference in subsection (1)) were a reference to the Scottish Ministers.
32B Variation of application referred to the Scottish Ministers
(1) An application for planning permission referred to the Scottish Ministers under section 46 instead of being dealt with by the planning authority may, with the agreement of the Scottish Ministers, be varied after it is made.
(2) And if the Scottish Ministers consider the variation to be such that there is a substantial change in the description of the development for which planning permission is sought, they are not to agree to the variation.
(3) Without prejudice to the generality of subsection (1), regulations or a development order may make provision as to the period within which, the circumstances in which and the procedures in accordance with which an application may be varied.
(4) The Scottish Ministers may, when an application is varied under this section, give such notice of the variation as they consider appropriate.
33 Planning permission for development already carried out.
(1) On an application made to a planning authority, the planning permission which may be granted includes planning permission for development carried out before the date of the application.
(2) Subsection (1) applies to development carried out—
(a) without planning permission,
(b) in accordance with planning permission granted for a limited period, or
(c) without complying with some condition subject to which planning permission was granted.
(3) Planning permission for such development may be granted so as to have effect from—
(a) the date on which the development was carried out, or
(b) if it was carried out in accordance with planning permission granted for a limited period, the end of that period.
(4) But subsection (3) does not apply if, before the date of the application, an enforcement notice was issued in respect of the development.
33A Notice requiring application for planning permission for development already carried out
Where there is a breach of planning control the planning authority may issue a notice—
(a) requiring the owner of the land in, on, over or under which the development has been carried out to make an application to them for planning permission for the development,
(b) describing the development in a way that is sufficient to identify it,
(c) specifying a date by which the application is to be made, and
(d) setting out the terms of section 123(1).