The Town and Country Planning (Development Planning) (Scotland) Regulations 2008

Made: 18th December 2008

Laid before the Scottish Parliament: 19th December 2008

Coming into force: 28th February 2009

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 7(2)(a), 8(1)(b), 9(4)(c), 9(6), 10(1)(d), 10(7), 12(3), 12A(8), 15(3) and (4)(a), 16(2)(b), 17(4)(b) and (6), 18(1)(d) and (e), (4)(b) and (5), 19(5) and (10)(b), 19A(8), 20B(7), 21(7), 22(2), 23A(1), 23D and 275 of the Town and Country Planning (Scotland) Act 1997[^f00001] and all other powers enabling them to do so.

PART 1 — Introductory

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Town and Country Planning (Development Planning) (Scotland) Regulations 2008 and come into force on 28th February 2009.

• (2) In these Regulations–

• “the Act” means the Town and Country Planning (Scotland) Act 1997;

• “the 2005 Act” means the Environmental Assessment (Scotland) Act 2005[^f00002];

• “the 2015 Regulations” means the Control of Major Accident Hazards Regulations 2015,

• “community council” means a community council established in accordance with the provisions of Part IV of the Local Government (Scotland) Act 1973[^f00003];

• “the Directive” means Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC , as Directive 2012/18/EU had effect immediately before IP completion day;

• “environmental report” means the environmental report prepared in connection with a proposed plan in accordance with the 2005 Act;

• “flood risk management plan” and “local flood risk management plan” have the same meaning as in the Flood Risk Management (Scotland) Act 2009;

• “key agency” means a body specified as a key agency in regulation 28;

• “local development plan area” means the area of land to which a proposed local development plan relates;

• “local housing strategy” means a strategy (and any modified strategy) prepared and submitted to the Scottish Ministers in accordance with section 89 of the Housing (Scotland) Act 2001[^f00005];

• “national marine plan” and “regional marine plan” have the same meaning as in Part 3 of the Marine (Scotland) Act 2010;

• “National Park” and “National Park authority” have the same meaning as in the National Parks (Scotland) Act 2000[^f00006];

• “national waste management plan” has the same meaning as in the National Waste Management Plan for Scotland Regulations 2007[^f00007];

• “neighbouring land” means land which is conterminous with or within 20 metres of the boundary of a specific site in respect of which a local development plan includes a proposal;

• “regional transport strategy” means a transport strategy approved by the Scottish Ministers under section 6 of the Transport (Scotland) Act 2005[^f00008];

• “relevant date” means the date on which section 2 of the Planning etc. (Scotland) Act 2006 comes into force for all purposes;

• “river basin management plan” means a river basin management plan approved by the Scottish Ministers under section 13(1) of the Water Environment and Water Services Act 2003[^f00009]; and

• “Scottish marine area” has the meaning given in section 1 of the Marine (Scotland) Act 2010;

• “supplementary guidance” has the same meaning as in section 22(1) of the Act.

• (3) Expressions which are used in regulations 3(2) and 10(2) and which are also used in the Directive have the same meaning as in the Directive.

• (4) Any reference to a numbered Schedule is a reference to the Schedule bearing that number in these Regulations and any requirement that a form shall be as set out in a specified Schedule shall be construed as meaning a form as so specified or a form substantially to the like effect.

PART 2 — Strategic Development Plans

Maps or Diagrams to be included in strategic development plan

2

A strategic development plan must contain a map or a diagram (or a combination thereof) describing the spatial strategy set out in the strategic development plan.

Information and considerations

3

• (1) In preparing a strategic development plan or a main issues report the strategic development planning authority are to have regard to–

• (a) the resources available or likely to be available for the carrying out of the policies and proposals set out in the strategic development plan;

• (b) any strategic development plan for a strategic development plan area which adjoins the strategic development plan area in respect of which the plan is being prepared;

• (c) any proposed strategic development plan prepared for a strategic development plan area which adjoins the strategic development plan area which has been submitted to the Scottish Ministers in accordance with section 10(3)(b) or 12A(5)(b)(ii) of the Act;

• (ca) any adopted national marine plan or regional marine plan relating to parts of the Scottish marine area adjoining the strategic development plan area;

• (d) any regional transport strategy relating to the strategic development plan area;

• (da) any approved flood risk management plan or finalised local flood risk management plan relating to the strategic development plan area;

• (e) any river basin management plan relating to the strategic development plan area;

• (f) any local housing strategy relating to the strategic development plan area; and

• (g) the national waste management plan.

• (2) In addition to the matters specified in paragraph (1), the strategic development planning authority when preparing a strategic development plan or main issues report are also to have regard to–

• (a) the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment; and

• (b) the need in the long term—

• (i) to maintain appropriate safety distances between establishments covered by the Directive and residential areas, buildings and areas of public use, recreational areas and, as far as possible, major transport routes;

• (ii) to protect areas of particular natural sensitivity or interest in the vicinity of establishments, where appropriate through appropriate safety distances or other relevant measures; and

• (iii) in the case of existing establishments, to take additional technical measures in accordance with regulation 5 of the 2015 Regulations so as not to increase the risks to human health and the environment.

Consultation for main issues report

4

The Scottish Ministers are, for the purposes of section 9(4)(c) of the Act, persons whose views a strategic development planning authority is to seek and have regard to when compiling a main issues report.

Publication in accordance with section 9(6)

5

• (1) The manner of publication prescribed for the purpose of section 9(6) of the Act is as set out in paragraph (2).

• (2) Publication is to be by–

• (a) publishing in a local newspaper circulating in the strategic development plan area and on the internet a notice containing the following information–

• (i) a statement that the document has been prepared and where and at what times it may be inspected;

• (ii) a brief description of the content and purpose of the document;

• (iii) details of how further information may be obtained regarding the document, including that it is to be published on the internet under paragraph (2)(d);

• (iv) a statement that any person wishing to do so may make representations on the content of the document; and

• (v) information as to how and to whom any representations should be made and the date by which they should be made;

• (b) sending a notice containing that information to–

• (i) the key agencies;

• (ii) a strategic development planning authority or a planning authority for land which adjoins the strategic development plan area; and

• (iii) any community council any part of whose area is within the strategic development plan area;

• (c) making a copy of the document available for inspection at an office of each of the planning authorities comprising the strategic development planning authority and in every public library in the strategic development plan area; and

• (d) publishing the document on the internet.

• (3) For the purposes of publication in accordance with the following provisions, in paragraph (2) “document” means, as the case may be–

• (a) in section 9(6) of the Act, a main issues report;

• (b) in section 10(1)(a) of the Act, a proposed strategic development plan;

• (c) in section 10(6) of the Act, a proposed strategic development plan as modified under section 10(3) of the Act; and

• (d) in section 12A(7) of the Act, a proposed strategic development plan as modified under section 12A(5)(b)(i) of the Act.

Consultation on proposed strategic development plan

6

The strategic development planning authority must–

• (a) with regard to a proposed strategic development plan consult the Scottish Ministers; and

• (b) with regard to a new proposed strategic development plan prepared in accordance with section 10(4) of the Act, in addition consult all persons who made timeous representation with respect to the original plan.

Publication of submission of proposed strategic development plan

7

On submitting a proposed strategic development plan to the Scottish Ministers under section 10(3)(b) or section 12A(5)(b)(ii) of the Act the strategic development planning authority are to advertise that they have done so by–

• (a) publishing in a local newspaper circulating in the strategic development plan area a notice containing the following information–

• (i) a statement that a proposed strategic development plan has been submitted to the Scottish Ministers;

• (ii) the date of submission of such proposed plan; and

• (iii) details of when and where a copy of the proposed plan may be inspected (including details of where such copy may be inspected by means of the internet);

• (b) publishing a copy of the notice referred in paragraph (a) together with a copy of the proposed strategic development plan on the internet;

• (c) making a copy of the proposed plan available for inspection at an office of each of the planning authorities comprising the strategic development planning authority and in every public library in the strategic development plan area; and

• (d) sending a copy of the notice to the key agencies and all those persons who submitted representations to such proposed plan.

PART 3 — Local Development Plans

Maps to be included in local development plan

8

• (1) A local development plan is to contain a map or maps, (to be known as “the Proposals Map”), describing the policies and proposals set out in the local development plan, so far as practicable to illustrate such policies or proposals spatially.

• (2) The Proposals Map is to be sufficiently detailed so as to enable the location of proposals for the development and use of land to be identified.

Schedule of land ownership

9

• (1) The schedule of land ownership required to be appended to the plan by section 15(3) of the Act is to be in the form set out in Schedule 1.

• (2) Where a local development plan is prepared by a National Park authority, the schedule of land ownership is also to include land owned by a local authority.

Information and considerations

10

• (1) In preparing a local development plan the planning authority are to have regard to–

• (a) the resources available or likely to be available for the carrying out of the policies and proposals set out in the local development plan;

• (b) any local development plan prepared for a different purpose for the local development plan area;

• (c) any local development plan or strategic development plan prepared for an area adjoining the local development plan area;

• (ca) any adopted national marine plan or regional marine plan relating to parts of the Scottish marine area adjoining the local development plan area;

• (d) any regional transport strategy relating to the local development plan area;

• (da) any approved flood risk management plan or finalised local flood risk management plan relating to the local development plan area;

• (e) any local transport strategy relating to the local development plan area;

• (f) any river basin management plan relating to the local development plan area;

• (g) any local housing strategy relating to the local development plan area;

• (h) the national waste management plan; and

• (i) where the local development plan area adjoins land in England, any regional spatial strategy or local development framework published in respect of that land.

• (2) In addition to the matters specified in paragraph (1), in preparing a local development plan the planning authority are also to have regard to–

• (a) the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment; and

• (b) the need in the long term—

• (i) to maintain appropriate safety distances between establishments covered by the Directive and residential areas, buildings and areas of public use, recreational areas and, as far as possible, major transport routes;

• (ii) to protect areas of particular natural sensitivity or interest in the vicinity of establishments, where appropriate through appropriate safety distances or other relevant measures; and

• (iii) in the case of existing establishments, to take additional technical measures in accordance with regulation 5 of the 2015 Regulations so as not to increase the risks to human health and the environment.

• (3) In paragraph (1) references to a local development plan or a strategic development plan include, as the case may be, a reference to a proposed local development plan submitted to the Scottish Ministers in accordance with section 18(4)(a) or section 19A(5)(b)(ii) of the Act or a proposed strategic development plan submitted to the Scottish Ministers in accordance with section 10(3)(b) or 12A(5)(b)(ii) of the Act.

• (4) In this regulation “local transport strategy” has the same meaning as in section 82(1) of the Transport (Scotland) Act 2001[^f00010].

Consultation for main issues report

11

The following persons are prescribed for the purposes of section 17(4)(b) of the Act as a person whose views a planning authority are to seek and have regard to when compiling a main issues report–

• (a) the Scottish Ministers;

• (b) any planning authority whose district adjoins and any National Park authority for a National Park which adjoins, the district of that planning authority area; and

• (c) where the district of that planning authority, or any part of it, is within a strategic development plan area, the other planning authorities comprising the strategic development planning authority for that area.

Publication in accordance with section 17(6) of the Act

12

• (1) The manner of publication prescribed for the purposes of section 17(6) of the Act is as set out in paragraph (2).

• (2) Publication is to be by–

• (a) publishing in a local newspaper circulating in the area and on the internet a notice containing the following information–

• (i) a statement that the document has been prepared and where and at what times it may be inspected;

• (ii) a brief description of the content and purpose of the document;

• (iii) details of how further information may be obtained regarding the document, including that it is to be published on the internet under paragraph (2)(d);

• (iv) a statement that any person wishing to do so may make representations on the content of the document; and

• (v) information as to how and to whom any representations should be made and the date by which they should be made;

• (b) sending a notice containing that information to–

• (i) the key agencies;

• (ii) a planning authority for the land which adjoins the local development plan area;

• (iii) where the local development plan area, or any part of it, is within a strategic development plan area, the other planning authorities comprising the strategic development planning authority for that area; and

• (iv) any community council any part of whose area is within the local development plan area;

• (c) making a copy of the document available for inspection at an office of the planning authority and in every public library in the local development plan area; and

• (d) publishing the document on the internet.

• (3) For the purposes of publication in accordance with the following provisions, in paragraph (2) “document” means, as the case may be–

• (a) in section 17(6) of the Act, a main issues report;

• (b) in section 18(1)(a) of the Act, a proposed local development plan; and

• (c) in section 18(5)(a) of the Act, a proposed local development plan modified under section 18(3) or (6) of the Act, as the case may be.

Consultation on proposed local development plan

13

The planning authority must–