Local development planning - regulations and guidance consultation: part B - proposals for development planning regulations

Part B of the Local Development Planning - regulations and guidance consultation sets out our proposals for secondary legislation and includes Draft Regulations.

Annex A: Summary of Changes

Development Planning Regulations

New Regulations relating to the Evidence Report

  • To require the Scottish Ministers to notify the planning authority when a person has been appointed to assess the Evidence Report and their name.
  • To provide that the appointed person is able to request further representations or further information be provided in connection with the assessment of the Evidence Report.
  • To require that the general costs of assessing the Evidence Report incurred by the Scottish Ministers or appointed person are to be met by the planning authority.
  • To require the planning authority to provide to the appointed person, electronic copies of any documents referred to in the Evidence Report.

A separate consultation will follow to inform the meaning of Gypsies and Travellers in relation to the requirements for the Evidence Report.

Amend Regulations on the Information and Considerations for LDPs (previously regulation 10)

  • Consolidate with requirements of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015.
  • Remove references to SDPs and add references to Spatial Strategies.
  • Replace references to English planning documents.
  • Amend to ensure accurate references to primary legislation.

Views are also sought on whether information and considerations should be changed or added to in light of increasingly prominent issues in planning, for example climate change, community planning and health.

Amend Regulations on the Publication of Proposed Local Development Plan (previously regulation 12)

  • Amend to remove references to SDPs and MIRs.
  • Amend to ensure accurate references to primary legislation.

Amend Regulations on Examinations (previously regulations 18, 20, 21 and 23)

  • Remove references to SDPs and to the Monitoring Statement, replace references to the Delivery Programme and add references to the Evidence Report.

Amend Regulations on the Development Plan Scheme (previously regulation 24)

  • Add references to Evidence Reports and remove references to MIR, SDPs and SDPAs.
  • Add requirements to specify the date (the proposed month) for the adoption / constitution of the LDP and to identify any changes to the timetable of plan preparation from that given in the previous Development Plan Scheme.

Amend Regulations on the Delivery Programme (previously regulations 25 and 26)

  • Add reference to Delivery Programme and remove reference to Action Programmes and SDPAs.

Amend Regulations on Key Agencies (previously regulation 28)

  • Reference to Scottish Natural Heritage is replaced to note they are known as NatureScot, and Historic Environment Scotland and South of Scotland Enterprise are added to the list.

Amend Regulations on Transitional Provisions (previously regulation 30)

  • Amend to ensure provisions of the 2008 Development Planning Regulations continue to have effect for LDPs and supplementary guidance that proceed to adoption under the provisions and procedures introduced by the 2006 Act.

Saving and Transitional Regulations

New regulations to reflect the Transitional Guidance previously published.

Grounds for Declining to Follow Recommendations Regulations

Amend to remove reference to SDPs.



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