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Planning (Scotland) Act 2019

Synopsis

This act will amend the Town and Country Planning (Scotland) Act 1997 extensively. The Act will require that planning manages the development and use of land in the long-term public interest. This includes anything that contributes to sustainable development or achieves national outcomes under the Community Empowerment (Scotland) Act 2015.

 
 
 

Summary

The Planning (Scotland) Act 2019 was made on 25 July 2019.

The Act will amend the Town and Country Planning (Scotland) Act 1997 extensively.

What will be updated?

This Act will modify the Scottish planning regime once brought into force by future legislation.

Purpose of the Planning Regime

The Act requires that planning manages the development and use of land in the long-term public interest.

This includes anything that contributes to sustainable development or achieves national outcomes under the Community Empowerment (Scotland) Act 2015.

Development Planning

The following development planning documents will be affected, replaced or introduced by this Act:

  • National Planning Framework (NPF): The NPF will form part of the ‘development plan’ for each area, changing its status under the planning regime. The scope of the future NPF is extended to include targets for housing, meeting specific housing needs, improving health and wellbeing, increasing rural populations, delivering greenhouse gas reductions and improving biodiversity.


The NPF is due to be reviewed by 23 June 2024 and updated every 10 years subsequently.
 

  • Regional Spatial Strategies (RSSs): RSSs will be prepared by planning authorities and will identify strategic development requirements, aims for this development and where it should take place. ‘Strategic development’ is any development likely to have significant impacts on future development within the area of one or more planning authority. The NPF and LDPs are required to have regard to RSSs.
     
  • The requirement to prepare Strategic Development Plans is withdrawn and existing plans will be superseded in the future.
     
  • Local Development Plans (LDPs) must manage the development and use of land in the long-term public interest. These will continue to be prepared by planning authorities. LDPs must reflect the NPF and are to be reviewed at least every 10 years.

    The LDP scope is extended to include targets for housing delivery, health and education needs and the maintenance of an appropriate amount of cultural venues.
     
  • Local place plans (LPPs) may be prepared by community bodies, which will affect planning policy for each area. These must be prepared with regard to the LDP for the area.
     
  • Open Space Strategy: Planning authorities are required to audit open space provision, determine current and future requirements and to implement strategies to develop, maintain and use green infrastructure.

Masterplan Consent

The Act will introduce Masterplan Consent Areas.

Masterplan consent area schemes authorise stated types of development within specified areas. Authorisation provided includes planning permission and may include road works or consent under the listed building and conservation area regimes.

Self-build Housing

Local authorities will be required to maintain lists of persons seeking to acquire land for self-build housing.

Short-term Lets

Planning restrictions may be applied on the use of buildings as short-term holiday lets.

Noise-sensitive Development

Where residents or occupiers of a development subject to a planning application are likely to be affected by noise, this will constitute “noise-sensitive development”.

Planning authorities must specifically consider whether adequate measures are in place to mitigate, minimise or manage the effect of noise on the development from existing cultural venues (e.g. music venues), businesses or dwellings. The planning authority may not impose additional costs on noise sources to minimise, mitigate or manage the effects of noise.

Effects on Biodiversity

Planning authorities are required to consider effects on biodiversity, including any positive effects, from development subject to a planning application.

Toilet Facilities

Planning authorities may require that certain development listed in Section 41B includes at least one toilet.

Forestry and Woodland Strategies

Planning authorities are required to prepare forestry and woodland strategies to support development and expansion of forestry and woodlands, protect and enhance these spaces and to assist climate resilience of woodlands.

Infrastructure Levy

This Act enables the application of an infrastructure levy, which would be payable to local authorities with respect to certain developments. The levy and the types of development liable for it will be defined in future regulations.

 

 

 

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