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Planning (Scotland) Act 2019

Type Act of the Scottish Parliament
Publication 2019-07-25
State In force
Jurisdiction Scotland
Department Statute Law Database
Source legislation.gov.uk
Reform history JSON API

PART 1 — Development planning

Development planning

Purpose of planning

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(3ZA) (1) The purpose of planning is to manage the development and use of land in the long term public interest. (2) Without limiting the generality of subsection (1), anything which— (a) contributes to sustainable development, or (b) achieves the national outcomes (within the meaning of Part 1 of the Community Empowerment (Scotland) Act 2015), is to be considered as being in the long term public interest. (3) This section applies only to the Scottish Ministers' and planning authorities' exercise of functions under Parts 1A and 2.

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National Planning Framework

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(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).

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(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.

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(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,

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(4A) The Scottish Ministers must have due regard to any National Scenic Areas report published by them under section 263B when preparing the framework.

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(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,

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(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) (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) (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) (1) For the purposes of assisting the Scottish Ministers in preparing or revising the National Planning Framework, the Scottish Ministers may direct a planning authority, or two or more planning authorities, to provide information about the matters set out in subsection (2) in relation to an area specified in the direction. (2) The matters are— (a) the principal physical, cultural, economic, social, built heritage and environmental characteristics of the area, (b) the principal purposes for which land in the area is used, (c) the size, composition and distribution of the population of the area, (d) the housing needs of the population of the area, (e) the capacity of education services in the area, (f) the capacity of health services in the area, (g) the health needs of the population of the area, (h) the housing needs of older people and disabled people within the area, (i) the desirability of allocating land for the purposes of resettlement, (j) the infrastructure of the area (including communications, transport and drainage systems and systems for the supply of water and energy), (k) how that infrastructure is used, (l) any change which the planning authority or authorities think may occur in relation to any of the matters mentioned in paragraphs (a) to (k), and (m) such other matters as are prescribed. (3) In subsection (2)(j), references to systems for the supply of energy include in particular land available for the development and use of facilities for renewable sources of energy. (4) Where a direction under this section requires two or more planning authorities to provide information in relation to the same area and the same matter, they are to co-operate with one another.

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(3CA) (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. (3CB) It is the duty of a key agency to co-operate with the Scottish Ministers in— (a) the review of the National Planning Framework, (b) the preparation of a revised framework, and (c) the preparation of any amendment to the framework.

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Open space strategy

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(3G) (1) A planning authority is to prepare and publish an open space strategy. (2) An open space strategy is to set out a strategic framework of the planning authority's policies and proposals as to the development, maintenance and use of green infrastructure in their district, including open spaces and green networks. (3) An open space strategy must contain— (a) an audit of existing open space provision, (b) an assessment of current and future requirements, (c) any other matter which the planning authority consider appropriate. (4) In this section— - “green infrastructure” means features of the natural and built environments that provide a range of ecosystem and social benefits, - “green networks” means connected areas of green infrastructure and open space, - “open space” means space within and on the edge of settlements comprising green infrastructure or civic areas such as squares, market places and other paved or hard landscaped areas with a civic function. (5) The Scottish Ministers may by regulations— (a) make provision about how planning authorities are to discharge their functions under this section including, in particular— (i) how they conduct an audit under subsection (3)(a), and (ii) how they assess current and future requirements for the purposes of subsection (3)(b), (b) amend subsection (4) by adding a definition or amending or omitting a definition for the time being specified there. (6) For the purposes of this section a national park authority is not a planning authority.

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Housing needs of older people and disabled people: parliamentary report

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(3CD) (1) The Scottish Ministers must, as soon as practicable after the end of each 2-year period, lay before the Scottish Parliament a report on how the planning system is operating to help ensure that the housing needs of older people and disabled people are met. (2) A report under subsection (1) must, in particular, contain information about— (a) the extent to which the planning system is operating to ensure that new housing that meets the needs of older people and disabled people is constructed, (b) the extent to which the planning system is operating to ensure that existing housing is adapted to meet the housing needs of older people and disabled people, (c) the extent to which any other actions taken by the Scottish Ministers in relation to the planning system are ensuring that the housing needs of older people and disabled people are being met, and (d) such other matters relating to the planning system as appear to the Scottish Ministers to be relevant to meeting the housing needs of older people and disabled people. (3) In preparing the report, the Scottish Ministers must consult— (a) older people and disabled people, and their families, (b) such persons as appear to the Scottish Ministers to be representative of the interests of older people and disabled people, including organisations working for and on behalf of older people and disabled people, (c) carers, (d) planning authorities, (e) a body registered under section 20 (registered social landlords) of the Housing (Scotland) Act 2010, (f) developers, (g) such persons as they consider appropriate having functions in relation to— (i) older people and disabled people, and their families, (ii) carers, (iii) housing, (iv) social work, (v) health and social care, and (h) such other persons as the Scottish Ministers consider appropriate. (4) The Scottish Ministers must, as soon as practicable after the report has been laid before the Scottish Parliament, publish the report in such manner as they consider appropriate. (5) For the purposes of this section, the “2-year period” means— (a) the period of 2 years beginning with the day on which section 4 of the Planning (Scotland) Act 2019 comes into force, and (b) each subsequent period of 2 years.

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Strategic development: regional spatial strategies

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