Natural heritage: Chief Planner letter and notification direction – September 2025
Direction to ensure that NatureScot are engaged appropriately on development proposals affecting World Heritage Sites inscribed for their natural heritage criteria.
Part of
25 September 2025
Dear Colleagues,
The Town and Country Planning (Natural Criteria World Heritage Sites) (Scotland) Consultation and Notification Direction 2025
I am writing to draw your attention to a new Direction setting out the arrangements for consultation and notifying planning applications where development may affect a World Heritage Site (WHS) with natural heritage value. The Direction sets out a requirement for planning authorities to consult with NatureScot on development, other than householder development, which may affect a WHS with natural heritage value before granting or refusing an application for planning permission. The Direction also introduces a new requirement to notify the Scottish Ministers, restricting the granting of planning permission for development which is subject to an objection by NatureScot on WHS grounds. These requirements apply to both new planning applications and any that are currently being considered.
The Direction comes into force today, 25 July 2025.
Yours sincerely
Dr Fiona Simpson MRTPI, Chief Planner and Director
Ivan McKee, Minister for Public Finance
The Town and Country Planning (Natural Criteria World Heritage Sites) (Scotland) Consultation and Notification Direction 2025
The Scottish Ministers, in exercise of the powers conferred by regulations 30, 31 and 32 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 (S.S.I. 2013/155.) and all other powers enabling them to do so:
Citation, commencement and interpretation
1. This Direction may be cited as the Town and Country Planning (Natural Criteria World Heritage Sites) (Scotland) Direction 2025 and comes into effect on 25 September 2025.
2. In this Direction -
“EIA report”, “Schedule 2 development” and “screening opinion” have the same meaning as in the Environmental Impact Assessment (Scotland) Regulations 2017,
“environmental report” means the environmental report prepared in accordance with the Environmental Assessment (Scotland) Act 2005(1),
“environmental statement”, “householder development”, and “World Heritage Site” have the same meaning as in the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013,
“NatureScot” means Scottish Natural Heritage.
Consultation requirement
2. (1) Before granting or refusing an application for planning permission for development, other than a householder development, which may affect a World Heritage Site specified in sub-paragraph (2) a planning authority must consult NatureScot.
(2) The sites are -
(a) St Kilda World Heritage Site
(b) The Flow Country World Heritage Site
Notification Requirement
3. (1) Where a planning authority propose granting an application for planning permission, other than householder development, affecting a World Heritage Site specified in paragraph 2(2) and NatureScot have -
(a) advised against the granting of planning permission, or
(b) recommended conditions which the planning authority does not propose to attached to the planning permission,
the planning authority must send Scottish Ministers the information specified in sub-paragraph (2).
(2) The information is -
(a) a copy of the planning application, accompanying plans and associated documentation (e.g. transport/noise assessment), together with the full address and post-code of the site to be developed,
(b) a copy of any EIA report or environmental statement accompanying the application or, where an EIA report or environmental statement has not been prepared -
(i) a copy of any screening opinion given by the planning authority in respect of any Schedule 2 development, and
(ii) a copy of any environmental report that is relevant to the development.
(c) a copy of any appropriate assessment relating to the application, carried out under Part IV of the Conservation (Natural Habitats, &c.) Regulations 1994 (3),
(d) copies of all observations submitted by consultees and all representations and petitions received, together with a list of the names and addresses of those who have submitted observations or made representations (including details of any petition organiser if known),
(e) the planning authority’s comments on the consultees’ observations and on representations received,
(f) the planning authority’s reasons for proposing to grant planning permission, including, where relevant, a statement setting out -
(i) if the grant of planning permission would not be in accordance with the development plan, the reasons behind the planning authority’s decision to depart from the development plan,
(ii) if NatureScot have advised against grant of planning permission or have recommended conditions which the planning authority does not propose to impose, the reasons for not following the advice or accepting the recommendation of NatureScot.
Restriction on grant of planning permission
4. (1) A planning authority must not grant an application for planning permission for development specified in paragraph (2) before the expiry of a period of 28 days beginning with the date notified to them by the Scottish Ministers as the date of receipt by the Scottish Ministers of the information referred to in paragraph 3.
(2) The development is development, other than householder development, affecting a World Heritage Site specified in paragraph 2(2) where NatureScot have -
(a) advised against the granting of planning permission, or
(c) recommended conditions which the planning authority does not propose to attached to the planning permission.
General: provision of information
5. (1) A planning authority may comply with a requirement to provide information to the Scottish Ministers by means of an e-mail to the Scottish Government containing a link, or a series of links, to the relevant pages on the planning authority’s website.
(2) Where representations are to be provided in accordance with paragraph 3(2)(d) -
(a) in the case of ‘pro-forma’ representations only one copy example need be submitted, but all names and addresses must be provided, and
(b) in the case of a petition, a copy of the petition must be submitted, but only the name and address of the organiser or first named should be provided.
Director and Chief Planner
Scottish Government
Directorate for Planning, Architecture and Regeneration
Area 2F
Victoria Quay,
Edinburgh,
EH6 6QQ
