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Climate Change (Scotland) Act 2009
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- Acts of the Scottish Parliament
- 2009 asp 12
- Part 5
- Chapter 3
- Development plans
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Changes to legislation:
Climate Change (Scotland) Act 2009, Cross Heading: Development plans is up to date with all changes known to be in force on or before 30 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Part 5 Chapter 3 Crossheading Development-plans:
- s. 78A and cross-heading inserted by 2024 asp 13 s. 9(2)
- s. 84(8) inserted by 2024 asp 13 s. 10(3)
- s. 87A and cross-heading inserted by 2024 asp 13 s. 10(4)
- s. 97(1)(c) inserted by 2024 asp 13 s. 10(8)(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 78A and cross-heading inserted by 2024 asp 13 s. 9(2)
- s. 84(8) inserted by 2024 asp 13 s. 10(3)
- s. 87A and cross-heading inserted by 2024 asp 13 s. 10(4)
- s. 97(1)(c) inserted by 2024 asp 13 s. 10(8)(b)
Development plansS
72Development plans: inclusion of greenhouse gas emissions policiesS
After section 3E of the Town and Country Planning (Scotland) Act 1997 (c. 8) insert—
“3FGreenhouse gas emissions policies
A planning authority, in any local development plan prepared by them, must include policies requiring all developments in the local development plan area to be designed so as to ensure that all new buildings avoid a specified and rising proportion of the projected greenhouse gas emissions from their use, calculated on the basis of the approved design and plans for the specific development, through the installation and operation of low and zero-carbon generating technologies.”.
Commencement Information
I1S. 72 in force at 1.4.2010 by S.S.I. 2009/341, art. 2(3)
73Annual report on operation of section 72S
(1)The Scottish Ministers must—
(a)no later than 1 year after the day on which section 72 comes into force; and
(b)annually thereafter,
lay before the Scottish Parliament a report on the operation of the requirement on relevant planning authorities to include policies within development plans under that section, including an assessment of whether those requirements have contributed effectively to the reduction of greenhouse gas emissions from developments.
(2)The fourth and subsequent reports under subsection (1) must include an assessment of the continuing need or otherwise for the requirement on relevant planning authorities to include policies within development plans; and if the requirement is considered by the Scottish Ministers to be no longer necessary, the Scottish Ministers may, by order, repeal section 3F of the Town and Country Planning (Scotland) Act 1997 and this section.
Commencement Information
I2S. 73 in force at 1.4.2010 by S.S.I. 2009/341, art. 2(3)
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