PART 4Other matters
Promotion and use of mediation etc.
I140Promotion and use of mediation etc.
1
The Town and Country Planning (Scotland) Act 1997 is amended as follows.
2
After section 268 insert—
Promotion and use of mediation etc.
268APromotion and use of mediation etc.
1
The Scottish Ministers may issue guidance in relation to the promotion and use of mediation in relation to the following—
a
the preparation of local development plans and related evidence reports under Part 2,
b
a prospective applicant's compliance with any requirements in respect of pre-application consultation imposed under or by virtue of section 35B,
c
assisting in the determination of an application for planning permission,
d
any other matter related to planning that they consider appropriate.
2
Guidance under subsection (1) may include provision about—
a
the form of mediation that is to be used in a particular circumstance, and
b
the procedure to be followed in any such mediation.
3
Local authorities must have regard to any guidance issued under subsection (1).
4
Before issuing any guidance under subsection (1), the Scottish Ministers must consult—
a
planning authorities, and
b
such other persons that the Scottish Ministers consider appropriate.
5
The Scottish Ministers must make any guidance issued under subsection (1) publicly available.
6
The power under subsection (1) to issue guidance includes power to—
a
issue guidance that varies guidance issued under that subsection, and
b
revoke guidance issued under that subsection.
7
For the purposes of this section, “mediation” includes any means of exploring, resolving or reducing disagreement between persons involving an impartial person that the Scottish Ministers consider appropriate.
8
The Scottish Ministers must issue guidance under subsection (1) within the period of two years beginning with the date on which the Planning (Scotland) Act 2019 received Royal Assent.