Town and Country Planning (Scotland) Act 1997

[F1 National Scenic Areas S

Textual Amendments

F1 S. 263A and cross-heading inserted (1.4.2007 for specified purposes, 26.11.2010 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 50, 59(2); S.S.I. 2007/130, art. 2(2)(3), sch.; S.S.I. 2010/400, art. 2(1)(2)(b)

263A National Scenic Areas S

(1) Where it appears to the Scottish Ministers that an area is of outstanding scenic value in a national context and that the special protection measures specified in subsection (2) are appropriate for it, they may by direction designate the area as a National Scenic Area.

(2) Where any area is for the time being designated as a National Scenic Area, special attention is to be paid to F2 ... safeguarding or enhancing its character or appearance in the exercise, with respect to any land in that area, of any powers under this Act.

(3) The Scottish Ministers may issue guidance to a planning authority for the purposes of this section and that authority must have regard to any guidance so issued.

(4) In deciding whether to designate an area as a National Scenic Area, the Scottish Ministers are to take account of—

(a) whether the area is of outstanding natural beauty,

(b) the amenity of the area, including—

(i) whether it is of historical, cultural or environmental importance; and

(ii) the nature of any buildings or other structures within it, and

(c) any flora, fauna or physiographical features of the area, whether or not to any extent the product of human intervention in the landscape.

(5) Any designation under subsection (1) may be varied or cancelled by a subsequent direction.

(6) Before issuing a direction under subsection (1) or (5), the Scottish Ministers are to consult with—

(a) Scottish Natural Heritage, and

[F3 (aa) persons resident within, or adjacent to, the area of a proposed designation,

(ab) a community body (as defined by section 4(9) of the Community Empowerment (Scotland) Act 2015) with an interest in the area of a proposed designation,]

(b) such other persons as are prescribed.

(7) The Scottish Ministers are to compile and make available for inspection free of charge a list containing particulars of any area which has been designated as a National Scenic Area.

(8) For the purposes of subsection (7), a list may be made available by electronic means.

(9) The Scottish Ministers may by regulations make provision as to—

(a) the form of any direction under subsection (1) or (5),

(b) the manner in which a National Scenic Area is to be described in such a direction,

(c) the publicity to be given to any such direction, and

(d) other procedural matters in connection with the making of such a direction.

(10) Regulations under this section may make different provision for different purposes.]

Textual Amendments

F2 Words in s. 263A(2) repealed (1.12.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 51(2), 63(2); S.S.I. 2019/385, reg. 2

F3 S. 263A(6)(aa)(ab) inserted (1.12.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 51(3), 63(2); S.S.I. 2019/385, reg. 2

[F4 263B National Scenic Areas: report on consultation S

(1) Where in any year the Scottish Ministers have designated a National Scenic Area under section 263A(1), they must, as soon as practicable after the end of that year, prepare and publish a report on the consultation undertaken in regard to the designation.

(2) A report under subsection (1) must include—

(a) the ways in which views expressed by any person consulted under subsection 263A(6)(aa) and (ab) were taken into account by the Scottish Ministers before issuing a direction under section 263A(1) or (5), and

(b) how the Scottish Ministers intend to improve their consultation process before issuing any future such directions.]

Textual Amendments

F4 S. 263B inserted (1.12.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 51(4), 63(2); S.S.I. 2019/385, reg. 2