Legalize / United Kingdom / Public General Act

Town and Country Planning (Scotland) Act 1997

Type Public General Act

Publication 1997-02-27

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part I — Administration

Planning authorities.

1

(1) The planning authority for the purposes of this Act shall be the local authority and the district of the planning authority shall be the area of the local authority.

(2) In any enactment or instrument made under or by virtue of an enactment, a reference to a planning authority shall, unless otherwise provided, or unless the context otherwise requires, be construed as a reference to a local authority.

(3) This section is subject to the provisions of this Act and of any other enactment.

Planning authorities: chief planning officer

1A

(1) Each planning authority must have a chief planning officer.

(2) The role of an authority's chief planning officer is to advise the authority about the carrying out of—

(a) the functions conferred on them by virtue of the planning Acts, and

(b) any function conferred on them by any other enactment, insofar as the function relates to development.

(3) The Scottish Ministers must issue guidance to planning authorities concerning the role of an authority's chief planning officer.

(4) A planning authority may not appoint a person as their chief planning officer unless satisfied that the person has appropriate qualifications and experience for the role.

(5) In deciding what constitutes appropriate qualifications and experience for the role of chief planning officer, a planning authority must have regard to any guidance on the matter issued by the Scottish Ministers.

Enterprise zones.

2

(1) An order under paragraph 5 of Schedule 32 to the Local Government, Planning and Land Act 1980 (designation of enterprise zone) may provide that the enterprise zone authority shall be the planning authority for the zone for such purposes of the planning Acts and in relation to such kinds of development as may be specified in the order.

(2) Without prejudice to the generality of paragraph 15(1) of that Schedule (modification of orders by the Secretary of State), an order under that paragraph may provide that the enterprise zone authority shall be the planning authority for the zone for different purposes of the planning Acts or in relation to different kinds of development.

(3) Where such provision as is mentioned in subsection (1) or (2) is made by an order designating an enterprise zone or, as the case may be, an order modifying such an order, while the zone subsists the enterprise zone authority shall be, to the extent mentioned in the order (as it has effect subject to any such modifications) and to the extent that it is not already, the planning authority for the zone in place of any authority who would otherwise be the planning authority for the zone.

(4) The Secretary of State may by regulations make transitional and supplementary provision in relation to a provision of an order under paragraph 5 of that Schedule made by virtue of subsection (1).

(5) Such regulations may modify any provision of the planning Acts or any instrument made under any of them or may apply any such enactment or instrument (with or without modification) in making such transitional or supplementary provision.

Urban development areas.

3

(1) Where an order is made under subsection (6) of section 149 of the Local Government, Planning and Land Act 1980 (urban development corporation as planning authority), the urban development corporation specified in the order shall be the planning authority for such area as may be so specified in place of any authority who would otherwise be the planning authority for that area in relation to such kinds of development as may be so specified.

(2) Where an order under subsection (8)(a) of that section confers any functions on an urban development corporation in relation to any area the corporation shall have those functions in place of any authority (except the Secretary of State) who would otherwise have them in that area.

PART 1ZA — Purpose of planning

Purpose of planning

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.

Part 1A — National Planning Framework

National Planning Framework

3A

(1) There is to be a spatial plan for Scotland to be known as the “National Planning Framework”.

(2) The National Planning Framework is to set out the Scottish Ministers' policies and proposals for the development and use of land.

(3) The National Planning Framework must contain—

(a) a strategy for Scotland's spatial development, ...

(b) a statement of what the Scottish Ministers consider to be priorities for that development,

(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).

(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,

(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.

(4) The framework may—

(a) contain an account of such matters as the Scottish Ministers consider affect, or may come to affect, the development and use of land,

(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,

(b) describe—

(i) a development and designate it, or

(ii) a class of development and designate each development within that class,

a “national development”, and

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

(5) If the framework contains a designation under subsection (4)(b), the framework—

(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,

(a) must contain a statement by the Scottish Ministers of their reasons for considering that there is a need for the national development in question, and

(b) may contain a statement by the Scottish Ministers as regards other matters pertaining to that designation.

(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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Duty to review the National Planning Framework

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.

Revising the framework: participation statement and considerations

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),

(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.

Information to assist preparation of National Planning Framework

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,

(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.

Proposals for National Planning Framework: Parliamentary consideration

3B

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National Planning Framework to be laid before Parliament

3C

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National Planning Framework: procedure

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

(7) As soon as practicable after the National Planning Framework as revised has been adopted, the Scottish Ministers are to publish it.

Duties to assist in shaping the National Planning Framework

Key agencies to co-operate

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

Amendment of National Planning Framework

3CC

(1) The Scottish Ministers may at any time amend the National Planning Framework.

(2) Section 3AC applies to amending the National Planning Framework as it applies to preparing or revising it.

(3) The Scottish Ministers must by regulations set out the circumstances in which they consider that an amendment would result in a significant change to the policies and proposals for the development and use of land of the most recent National Planning Framework such that would require that the National Planning Framework should be reviewed and revised under sections 3AA to 3CA.

(4) The Scottish Ministers may by regulations make further provision about amendments under subsection (1).

(5) Regulations under subsection (4) may in particular make provision—

(a) about the procedures to be followed,

(b) about the consultation to be undertaken on proposed amendments,

(d) about the publication of the amended framework,

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