Proposed changes to pre-application consultation requirements: consultation

Footnotes

1. https://www.gov.scot/publications/empowering-planning-to-deliver-great-places/

2. https://www.legislation.gov.uk/asp/2019/13/contents

3. https://www.gov.scot/publications/hierarchy-developments-planning-circular-5-2009/

4. Neighbour notification, online weekly lists, newspaper notices where required, consultation with community councils and other bodies.

5. https://www.legislation.gov.uk/ukpga/1997/8/contents

6. https://www.legislation.gov.uk/ssi/2013/155/contents

7. At the time of publication, during COVID-19, the requirement for a public event has been temporarily suspended, and guidance indicates online alternatives that should be used.

8. https://www.legislation.gov.uk/asp/2019/13/contents

9. https://www.legislation.gov.uk/ssi/2020/124/contents/made

10. https://www.legislation.gov.uk/asp/2020/7/contents

11. https://www.gov.scot/publications/planning-series-circular-3-2013-development-management-procedures-2/

12. Section 39 of the Town and Country Planning (Scotland) Act 1997: https://www.legislation.gov.uk/ukpga/1997/8/contents

13. https://www.legislation.gov.uk/ukpga/1997/8/contents

14. https://www.legislation.gov.uk/ssi/2004/219/contents/made

15. https://www.legislation.gov.uk/ssi/2013/155/contents

16. () c.8. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 198 (c.46). Sections 35A, 35B and 35C were inserted by section 11 of the Planning etc. (Scotland) Act 2006 (asp 17) and were relevantly amended by section 18 of the Planning (Scotland) Act 2019 (asp 13). Sections 18(1), 18(2) and 18(4) were commenced by The Planning (Scotland) Act 2019 (Commencement No.3) Regulations 2021 S.S.I. 2019/385.

17. () S.S.I. 2013/155.

18. https://www.gov.scot/publications/empowering-planning-to-deliver-great-places/

19. https://www.gov.scot/publications/hierarchy-developments-planning-circular-5-2009/

20. Neighbour notification, online weekly lists, newspaper notices where required, consultation with community councils and other bodies.

21. https://www.legislation.gov.uk/ukpga/1997/8/contents

22. https://www.legislation.gov.uk/ssi/2013/155/contents

23. At the time of publication, during COVID-19, the requirement for a public event has been temporarily suspended, and guidance indicates online alternatives that should be used.

24. https://www.legislation.gov.uk/asp/2019/13/contents

25. The planning authority cannot agree to changes to the description of development in an application if it considers those changes to be substantial – section 32A of the Town and Country Planning (Scotland) Act 1997.

26. https://www.legislation.gov.uk/ssi/2004/219/contents/made

27. "The Value of Early Engagement in Planning" (June 2020) - https://landcommission.gov.scot/our-work/housing-development/early-engagement-in-planning

28. Planning applications for national development are small in number and not separately identified in our statistics. Many such developments are subject to alternative consent procedures rather than the planning application process.

29. https://www.legislation.gov.uk/asp/2019/13/contents

30. https://www.transformingplanning.scot/planning-reform/how-we-got-here/

31. http://www.equalityevidence.scot/

32. Refer to Definitions of Protected Characteristics document for information on the characteristics

33. https://www.nrscotland.gov.uk/statistics-and-data/statistics/statistics-by-theme/population/population-estimates/mid-year-population-estimates/mid-2019#:~:text=Scotland%E2%80%99s%20population%20is%20at%20a%20record%20high%20at,which%20is%20higher%20than%20the%20previous%20two%20years.

34. https://www.transport.gov.scot/publication/transport-and-travel-in-scotland-2018-pdf-version/

35. https://www.gov.scot/publications/scotlands-people-annual-report-results-2018-scottish-household-survey/

36. https://www.gov.scot/publications/planning-review-young-scot-survey-results-june-2017/

37. https://www.ofcom.org.uk/research-and-data/media-literacy-research/childrens/children-and-parents-media-use-and-attitudes-report-2019

38. https://www.gov.scot/publications/young-peoples-participation-decision-making-scotland-attitudes-perceptions-2/

39. https://www.childrensparliament.org.uk/our-work/democracy-matters-consultation/

40. https://publications.parliament.uk/pa/cm201617/cmselect/cmwomeq/631/631.pdf#:~:text=Building%20for%20Equality%3A%20Disability%20and%20the%20Built%20Environment,use%20of%20public%20money%2015%20Fiscal%20incentives%2017

41. https://www.gov.scot/publications/scottish-social-attitudes-survey-2015-attitudes-social-networks-civic-participation/

42. https://inclusionscotland.org/a-vision-for-an-inclusive-scotland/#:~:text=A%20Vision%20for%20an%20Inclusive%20Scotland.%20Our%202014,election%20in%202015%2C%20and%20beyond%20to%20the%20

43. https://www.webarchive.org.uk/wayback/archive/20180515204336/http://www.gov.scot/Publications/2004/07/19657/40295

44. http://whatworksscotland.ac.uk/publications/hard-to-reach-or-easy-to-ignore-promoting-equality-in-community-engagement-evidence-review/

45. https://www.gov.scot/publications/scotlands-people-annual-report-results-2016-scottish-household-survey/pages/8/

46. https://www.nts.org.uk/Downloads/Site/NTS_briefing_note_-_planning_in_Scotland_-_November_2017.pdf

47. https://policy-practice.oxfam.org.uk/publications/gender-and-spatial-planning-rtpi-good-practice-note-7-112350

48. https://www.webarchive.org.uk/wayback/archive/20180516025616/http://www.gov.scot/Publications/2009/02/09150350/0

49. https://www.gov.scot/publications/local-governance-review-analysis-responses-democracy-matters/

50. https://www.gov.scot/publications/gypsy-travellers-scotland-comprehensive-analysis-2011-census/

51. In respect of this protected characteristic, a body subject to the Public Sector Equality Duty (which includes Scottish Government) only needs to comply with the first need of the duty (to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010) and only in relation to work. This is because the parts of the Act covering services and public functions, premises, education etc. do not apply to that protected characteristic. Equality impact assessment within the Scottish Government does not require assessment against the protected characteristic of Marriage and Civil Partnership unless the policy or practice relates to work, for example HR policies and practices.

52. See EQIA – Setting the Scene for further information on the legislation.

^53. https://www.nrscotland.gov.uk/files//statistics/settlements-localities/set-loc-16/set-loc-2016-publication-updated.pdf

54. A settlement is defined to be a group of high density postcodes whose combined population rounds to 500 people or more. They are separated by low density postcodes

55. https://www.nrscotland.gov.uk/files//statistics/population-estimates/mid-19/mid-year-pop-est-19-report.pdf - Figure 13, page 26

56. https://www.transport.gov.scot/publication/transport-and-travel-in-scotland-results-from-the-scottish-household-survey-1/

57. https://www.gov.scot/publications/national-plan-scotlands-islands/

58. https://www.transformingplanning.scot/media/1692/305-orkney-islands-council.pdf - paragraph 1.20

59. https://www.gov.scot/publications/planning-bill---post-stage-2-island-communities-impact-assessment/