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:—
(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.
(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.
(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.
(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.
(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.
(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).
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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.
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.
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.
(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.
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.
(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.
(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.
(1) A planning authority, or two or more such authorities acting jointly, are to prepare and adopt a regional spatial strategy.
(2) A regional spatial strategy is a long-term spatial strategy in respect of the strategic development of an area (or areas) which must, in particular—
(a) specify the area (or areas) of the planning authority (or authorities) to which it relates (“the region”), and
(b) identify, in relation to the region—
(i) the need for strategic development,
(ii) the outcomes to which the authority (or authorities) consider that strategic development will contribute,
(iii) priorities for the delivery of strategic development, and
(iv) proposed locations for strategic development, which must be shown in the strategy in the form of a map or diagram.
(3) Before adopting a regional spatial strategy, a planning authority (or authorities) must—
(a) publish, by such means as they consider appropriate—
(i) a draft of the strategy,
(ii) a summary of the information taken into account in preparing the draft of the strategy, and
(iii) a statement inviting representations in relation to the strategy by a date specified in the statement,
(b) as soon as practicable after publishing the documents mentioned in paragraph (a), send a copy of them to—
(i) the planning authority (other than one involved in producing the report) for any area in which future development is likely to be significantly impacted by the strategic development to which the strategy is to relate,
(ii) the key agencies, and
(iii) any other person the planning authority (or authorities) producing the strategy consider appropriate, and
(c) otherwise, consult such persons as they consider are likely to have an interest in the strategy.
(4) As soon as practicable after a strategy under subsection (1) is adopted, the planning authority (or authorities) must—
(a) publish the strategy by such means as they consider appropriate, and
(b) submit it to the Scottish Ministers.
(5) In this section, “strategic development” means development that is likely to have a significant impact on future development within the area of more than one planning authority.
4ZB 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).
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).
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.
(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.
(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.
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(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.
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.
(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.
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.
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(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.
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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.
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.