Town and Country Planning (Scotland) Act 1997

[F1 PART 5 E+W+S Further powers of Scottish Ministers

Textual Amendments

F1 Sch. 5A inserted (1.4.2024 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 15(3), 63(2); S.S.I. 2024/79, reg. 2(1)(2)(b)(4)

CHAPTER 1 E+W+S Excluding kinds of development from schemes

Power to exclude kinds of development E+W+S

19 (1) The Scottish Ministers may by regulations provide that no scheme grants authorisation in relation to development of a kind described in the regulations. E+W+S

(2) Regulations under this paragraph may describe a kind of development by reference to its being development of land that is specified, or of a description specified, in the regulations.

(3) Sub-paragraph (2) is not exhaustive of the ways in which kinds of development can be described in regulations under this paragraph.

Effect of exclusion on existing schemes E+W+S

20 E+W+S If a scheme has conferred authorisation in relation to development of a kind that regulations under paragraph 19 state cannot be granted authorisation by a scheme—

(a) the scheme ceases to have the effect of granting authorisation for any new development of that kind from the date the regulations prescribe, but

(b) the authorisation granted by the scheme is unaffected by the regulations in relation to development begun before that date.

CHAPTER 2 E+W+S Powers in relation to procedure, etc.

Directions about procedure and provision of information E+W+S

21 (1) The Scottish Ministers may give a planning authority a direction— E+W+S

(a) about how the authority are to formulate their procedures for carrying out their functions under this schedule,

(b) requiring that the authority provide the Scottish Ministers with information specified in the direction.

(2) A planning authority must comply with any direction given under sub-paragraph (1).

(3) Information may not be specified under sub-paragraph (1)(b) unless it is information that the Scottish Ministers require for carrying out their functions under this schedule.

Regulations about form, content and procedure E+W+S

22 (1) The Scottish Ministers may make regulations about— E+W+S

(a) the form and content of schemes, and

(b) the procedure to be followed in connection with making and altering schemes.

(2) Regulations under this paragraph may in particular—

(a) provide for the publicity to be given to—

(i) matters included, or proposed for inclusion in, a scheme,

(ii) the making or alteration of a scheme,

(iii) any procedural step in relation to the making or alteration of a scheme,

(b) make provision with respect to the making and consideration of representations concerning—

(i) whether a scheme should be made,

(ii) what should be included in a scheme,

(c) require, or authorise, consultation with persons identified in the regulations (by name or description) prior to the taking of steps in the process of making or altering a scheme,

(d) require a planning authority, in circumstances prescribed in the regulations, to give anyone who requests them copies of documents which have been made public,

(e) allow a planning authority to impose a reasonable charge on anyone given a copy of a document in accordance with provision made by virtue of paragraph (d),

(f) provide for the publication and inspection of—

(i) any scheme which has been made, or

(ii) a document setting out alterations that have been, or are to be, made to a scheme,

(g) provide for the sale of copies of—

(i) schemes, and

(ii) any document that sets out alterations that have been, or are to be, made to a scheme.]