The Town and Country Planning (Play Sufficiency Assessment) (Scotland) Regulations 2023

Made: 22nd March 2023

Laid before the Scottish Parliament: 24th March 2023

Coming into force: 19th May 2023

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 16D(2) of the Town and Country Planning (Scotland) Act 1997[^f00001] and all other powers enabling them to do so.

Citation and commencement

1

These Regulations may be cited as the Town and Country Planning (Play Sufficiency Assessment) (Scotland) Regulations 2023 and come into force on 19 May 2023.

Interpretation

2

In these Regulations—

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

• “children” means persons under the age of 18 years,

• “formal play spaces” means play spaces which are specifically designed and maintained for the purposes of play,

• “informal play spaces” means play spaces which— are, or are within areas of open space, and are not specifically designed and maintained for the purposes of play,

• “locality” has the meaning given in section 9(2) of the Community Empowerment (Scotland) Act 2015[^f00002],

• “open space” has the meaning given in section 3G(4) of the Act,

• “play spaces” means outdoor spaces which are accessible by the public and which offer play opportunities for children,

• “play sufficiency assessment” means the assessment carried out by a planning authority under section 16D of the Act.

Form and content of play sufficiency assessment

3

• (1) The play sufficiency assessment must be a written report, incorporating maps as required in accordance with this regulation, setting out the assessment required under section 16D of the Act by a planning authority of the sufficiency of play opportunities in its area for children.

• (2) The play sufficiency assessment must show, by means of a map, the location of formal play spaces within its area.

• (3) The play sufficiency assessment must, in respect of each locality within the planning authority’s area, include statements as regards the overall—

• (a) quality,

• (b) quantity, and

• (c) accessibility,

of formal play spaces and informal play spaces in that locality.

• (4) The play sufficiency assessment must include statements as regards the overall—

• (a) quality,

• (b) quantity, and

• (c) accessibility,

of formal play spaces and informal play spaces in the planning authority’s area.

Consultation

4

In preparing the play sufficiency assessment the planning authority must consult—

• (a) children,

• (b) parents and carers,

• (c) community councils within the planning authority’s area established under Part IV of the Local Government (Scotland) Act 1973[^f00003], and such other community bodies or persons whom the planning authority consider should be consulted, and

• (d) the public.

Publication

5

The planning authority must publish the play sufficiency assessment by electronic means.

Signed

TOM ARTHUR — Authorised to sign by the Scottish Ministers — 22nd March 2023

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision in connection with the preparation of a play sufficiency assessment under section 16D of the Town and Country Planning (Scotland) Act 1997 (“the Act”). Planning authorities must carry out a play sufficiency assessment as part of the evidence report which must be prepared under section 16B of the Act before the preparation of a local development plan.

Regulation 3 sets out the form and content of a play sufficiency assessment. Regulation 4 provides who the planning authority must consult in the preparation of the play sufficiency assessment. Regulation 5 specifies that the play sufficiency assessment must be published electronically.

Footnotes

[^f00001]: 1997 c. 8. Section 16D was inserted by section 7 of the Planning (Scotland) Act 2019 (asp 13) and was commenced on 8 November 2019 by regulation 2 and schedule 1 of S.S.I. 2019/314 for the purposes of making regulations.

[^f00002]: 2015 asp 6. S.S.I. 2016/364 was made in exercise of the power conferred by section 9(2) of that Act.

[^f00003]: 1973 c. 65.