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.
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.
The following development planning documents will be affected, replaced or introduced by this Act:
The NPF is due to be reviewed by 23 June 2024 and updated every 10 years subsequently.
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.
Local authorities will be required to maintain lists of persons seeking to acquire land for self-build housing.
Planning restrictions may be applied on the use of buildings as short-term holiday lets.
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.
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.
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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