Town and Country Planning (Scotland) Act 1997 (c. 8)

[F1 Part 2 S Development Plans

Textual Amendments

F1Pt. 2 substituted (19.5.2008 for specified purposes, 25.6.2008 for specified purposes, 28.2.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 2, 59(2) (with savings and transitional provisions in S.S.I. 2008/165, arts. 1, 2 and S.S.I. 2008/427, arts. 1(1), 2-5); S.S.I. 2008/164, art. 2(1)(2), sch.; S.S.I. 2009/70, art. 2, sch.

Strategic development planningS

[F24ZARegional spatial strategiesS

(1)A planning authority, or two or more such authorities acting jointly, are to prepare and adopt a regional spatial strategy.

(2)A regional spatial strategy is a long-term spatial strategy in respect of the strategic development of an area (or areas) which must, in particular—

(a)specify the area (or areas) of the planning authority (or authorities) to which it relates (“the region”), and

(b)identify, in relation to the region—

(i)the need for strategic development,

(ii)the outcomes to which the authority (or authorities) consider that strategic development will contribute,

(iii)priorities for the delivery of strategic development, and

(iv)proposed locations for strategic development, which must be shown in the strategy in the form of a map or diagram.

(3)Before adopting a regional spatial strategy, a planning authority (or authorities) must—

(a)publish, by such means as they consider appropriate—

(i)a draft of the strategy,

(ii)a summary of the information taken into account in preparing the draft of the strategy, and

(iii)a statement inviting representations in relation to the strategy by a date specified in the statement,

(b)as soon as practicable after publishing the documents mentioned in paragraph (a), send a copy of them to—

(i)the planning authority (other than one involved in producing the report) for any area in which future development is likely to be significantly impacted by the strategic development to which the strategy is to relate,

(ii)the key agencies, and

(iii)any other person the planning authority (or authorities) producing the strategy consider appropriate, and

(c)otherwise, consult such persons as they consider are likely to have an interest in the strategy.

(4)As soon as practicable after a strategy under subsection (1) is adopted, the planning authority (or authorities) must—

(a)publish the strategy by such means as they consider appropriate, and

(b)submit it to the Scottish Ministers.

(5)In this section, “strategic development” means development that is likely to have a significant impact on future development within the area of more than one planning authority.

Textual Amendments

F2Ss. 4ZA-4ZE inserted (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 5(2), 63(2); S.S.I. 2019/314, reg. 2, sch.

4ZBDuties to have regard to regional spatial strategiesS

(1)In exercising their functions of preparing, revising or amending the National Planning Framework, the Scottish Ministers must have regard to any adopted regional spatial strategy submitted to them under section 4ZA(4)(b).

(2)In exercising their functions of preparing, revising or amending a local development plan, a planning authority must have regard to their adopted regional spatial strategy (or strategies) submitted to the Scottish Ministers under section 4ZA(4)(b).

Textual Amendments

F2Ss. 4ZA-4ZE inserted (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 5(2), 63(2); S.S.I. 2019/314, reg. 2, sch.

4ZCRegional spatial strategies: first strategy, review and revisionS

(1)A planning authority must adopt a regional spatial strategy under section 4ZA(1) as soon as reasonably practicable after section 5 of the Planning (Scotland) Act 2019 comes into force.

(2)A planning authority—

(a)are to keep their adopted regional spatial strategy (or strategies) under review, and

(b)if they consider it appropriate, may at any time prepare and adopt a replacement strategy.

(3)Without limit to the generality of subsection (2), a planning authority (or authorities) must review their adopted regional spatial strategy (or, if more than one, each adopted strategy) at least once in every period of 10 years beginning with the most recent date on which they—

(a)adopted the strategy, or

(b)published an explanation under subsection (4)(b).

(4)Following such a review, a planning authority are to—

(a)prepare and adopt a replacement regional spatial strategy, or

(b)publish an explanation of why they have decided not to do so.

(5)Section 4ZA(2) to (4) and sections 4ZB and 4ZE apply to a replacement regional spatial strategy as they apply in relation to the strategy being replaced (and references in this Part to a regional spatial strategy include references to such a replacement strategy).

Textual Amendments

F2Ss. 4ZA-4ZE inserted (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 5(2), 63(2); S.S.I. 2019/314, reg. 2, sch.

4ZDDirections to prepare or review regional spatial strategiesS

(1)The Scottish Ministers may direct a planning authority, or two or more such authorities, to—

(a)prepare and adopt a regional spatial strategy under section 4ZA(1) in relation to a region specified in the direction, or

(b)review an adopted regional spatial strategy.

(2)A direction under subsection (1) may require the planning authority (or authorities) to take into account such matters (if any) as are specified in the direction when preparing or reviewing the strategy.

(3)Where a direction under this section requires two or more planning authorities to prepare and adopt a regional spatial strategy, they are to co-operate with one another.

Textual Amendments

F2Ss. 4ZA-4ZE inserted (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 5(2), 63(2); S.S.I. 2019/314, reg. 2, sch.