Section 2: National Planning Framework
9.Section 2 of the Act amends section 3A of the 1997 Act, which requires there to be a spatial plan for Scotland to be known as the National Planning Framework (“the Framework”).
10.Section 2(2) of the Act amends the description of what is to be set out in the Framework in section 3A(3) of the 1997 Act to specify that it is to be the Scottish Ministers’ policies and proposals for the development and use of land.
11.Section 2(3) of the Act amends the description in section 3A(3) of the 1997 Act of what the Framework is to contain. After the requirements for a strategy for Scotland’s spatial development and priorities for that development, it adds the following requirements:
a statement about how development under the Framework will contribute to the outcomes listed in new subsection (3A);
targets for the use of land for housing;
an assessment of the each proposed national development’s lifecycle greenhouse gas emissions and their impact on achieving emissions reduction targets.
12.Section 2(4) of the Act introduces new subsection 3A(3A) to the 1997 Act, setting out outcomes to which development under the Framework is to contribute. These cover housing; health and wellbeing; repopulation of rural areas; equalities; reducing greenhouse gas emissions; and biodiversity.
13.Section 2(5) of the Act amends section 3A(4) of the 1997 Act, which sets out additional material which the Framework may contain. It inserts a new paragraph (aa) adding reference to such visual and descriptive material relating to rural areas which have become depopulated as may set out in regulations made under the 1997 Act.
14.Section 2(6) of the Act inserts a new subsection 3A(4A) into the 1997 Act. This requires the Scottish Ministers when preparing the Framework to have due regard to any National Scenic Areas report under section 263B of the 1997 Act. These reports are introduced by section 51 of the Act.
15.Section 3A(4)(b) of the 1997 Act provides that the Framework may designate “national developments”. Subsection (7) of section 1 of the Act inserts a new paragraph (za) into section 3A(5) of the 1997 Act, stating that if the Framework contains a designation under subsection (4)(b), it 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.
16.New section 3A(5A) of the 1997 Act, inserted by section 2(8) of the Act, clarifies that the Scottish Ministers may set out policies or proposals relating to the development or use of land outwith the National Planning Framework (and therefore without needing approval from the Scottish Parliament – see subsection 2(13)). New section 3A(5B) provides a definition of biodiversity.
17.Subsections (6) to (10) of section 3A of the 1997 Act, which deal with preparing, publishing and reviewing the Framework, are repealed.
18.Section 2(11) of the Act inserts new sections after section 3A of the 1997 Act.
19.New section 3AA requires the Scottish Ministers to keep the Framework under review. Subsection (2)(a) requires a review no later than 23 June 2024, which is 10 years from the date of the publication of the last national planning framework (NPF3). Subsection (2)(b) requires a 10 year review period thereafter. Subsection (3) requires that after a review of the Framework, the Scottish Ministers are to either (a) prepare a revised framework or (b) publish an explanation of why they have decided not to revise it.
20.New section 3AB of the 1997 Act sets out further detail on preparing a revised Framework. Subsection (2) requires the Scottish Ministers to prepare and publish a participation statement. This is defined in subsection (4) as an account of when consultation is likely to take place, with whom consultation will be undertaken, the steps taken to involve the public and likely form of the review. Consultation must include planning authorities, key agencies, the “appropriate body” on climate change (as defined in subsection (5)) and any other persons who have a role in the delivery of the outcomes to which the framework must contribute. Subsection (3)(a) requires the Scottish Ministers to have regard to relevant policies and strategies, setting out a list covering transport, land use, marine, infrastructure, climate change adaptation and housing. Subsection (3)(b) includes new policy objectives to which the Scottish Ministers must have regard in preparing the Framework, namely: resettling previously populated rural areas, preserving disused railway lines for future public transport use; and protecting peatland.
21.New section 3AC(1) allows the Scottish Ministers to direct a planning authority, or two or more planning authorities, to provide information to assist in the preparation or revision of the Framework. Subsections (2) and (3) define the matters about which the authorities may be required to provide information and includes additional matters that may be prescribed in regulations made under the 1997 Act. Subsection (4) requires that, where the direction relates to two or more planning authorities, they are to co-operate with one another.
22.Subsection (13) of section 1 of the Act introduces section 3CA into the 1997 Act, setting out the procedure for consultation and parliamentary scrutiny of a revised Framework. This replaces sections 3B and 3C of the 1997 Act, which are repealed by section 1(12) of the Act. Section 3CA requires the Scottish Ministers to consult in accordance with their participation statement (as defined in new section 3AA, lay a copy of the draft revised Framework before the Scottish Parliament, allowing 120 days for representations (excluding periods of parliamentary recess of more than 4 days or where the Parliament is dissolved). The Scottish Ministers must have regard to any representations, and if they make any changes as a result of the consultation, they must undertake such further consultation on those changes as they consider appropriate. Following the consultation, the Scottish Ministers must lay an explanatory document before the Parliament, setting out the consultation undertaken, a summary of representations received, and any changes made as a result of the consultation. Having completed these steps, the Scottish Ministers may lay the draft revised Framework before the Parliament, which must be approved by resolution of the Parliament before it can be brought into effect.
23.New section 3CB places a duty on key agencies to co-operate with the Scottish Ministers in the review of the Framework and preparation of any revised framework or amendment to the framework. Key agencies are specified by regulations under section 23D of the 1997 Act.
