Planning (Scotland) Act 2019

Planning (Scotland) Act 2019 is an Act of the Scottish Parliament reforming the statutory framework for town and country planning across Scotland by updating development planning, participation, enforcement, and appeal procedures, and by introducing duties on planning authorities and developers. The Act follows preceding legislation such as the Town and Country Planning (Scotland) Act 1997 and responds to policy drivers from the Scottish Government, the UK Parliament, and planning practice in jurisdictions like England, Wales, and Northern Ireland. It intersects with devolved responsibilities held by institutions including the Scottish Parliament, Scottish Ministers, and local authorities such as Aberdeen City Council and Glasgow City Council.

Background and legislative history

The Act was developed after consultations led by the Scottish Government and white papers influenced by reports from bodies such as the Royal Town Planning Institute and the Scottish Land Commission, reflecting priorities set by the Scottish National Party and debated in the Scottish Parliament chambers during sessions involving committees like the Local Government and Housing Committee and the Environment, Climate Change and Land Reform Committee. Draft proposals drew on comparative reforms in the Town and Country Planning Act 1990 of England and Wales and inquiries from the Planning Advisory Service, with amendments tabled by MSPs including members of Scottish Conservative and Unionist Party, Scottish Labour Party, and the Scottish Liberal Democrats. The bill progressed through stages of scrutiny, committee reports, and ministerial responses before receiving assent and being incorporated into existing statutory instruments administered by bodies such as Scottish Natural Heritage (now NatureScot) and the Crown Estate Scotland.

Key provisions

Major provisions include revised requirements for development plans, introducing a statutory presumption in favour of developments that support the National Planning Framework objectives and enhancing local development plan processes used by authorities such as Edinburgh City Council and Dundee City Council. The Act strengthens community participation duties by expanding participation statements akin to mechanisms advocated by the Community Empowerment (Scotland) Act 2015 and aligns with duties under the Climate Change (Scotland) Act 2009 by requiring planning authorities to consider greenhouse gas outcomes, reflecting priorities from COP26 and recommendations by the Committee on Climate Change. Enforcement powers are updated to enable more robust handling of breaches via measures similar to those used by the Police Scotland and insolvency processes overseen by the Court of Session. The Act restructures appeal routes involving reporters from the Scottish Government Planning and Environmental Appeals Division and modifies developer obligations, including changes relating to planning conditions and planning agreements influenced by precedent from the Town and Country Planning Act 1990 and case law from the Supreme Court of the United Kingdom.

Implementation and guidance

Implementation has been led by the Scottish Government's Directorate for Local Government, which issued statutory guidance and circulars to planning authorities and stakeholders including the Royal Institution of Chartered Surveyors, the Chartered Institute of Planning, and third sector actors like Shelter Scotland and Scottish Wildlife Trust. Training and capacity-building programmes have been co-delivered with universities such as the University of Edinburgh, Heriot-Watt University, and the University of Glasgow to support planners, solicitors, and elected members in councils such as Fife Council and Highland Council. Secondary legislation and guidance note interactions with the National Planning Framework 3 and the Scottish Planning Policy, and operational alignment has required coordination with regulatory bodies including Historic Environment Scotland and infrastructure agencies like Transport Scotland.

Impact and reception

Stakeholder responses have varied: professional bodies including the Royal Town Planning Institute and the Chartered Institute of Building welcomed modernization of plan-making and participation, while developer groups and chambers such as the Federation of Small Businesses and the Scottish Property Federation assessed implications for development certainty and viability. Environmental NGOs including the WWF Scotland and Friends of the Earth Scotland analysed the Act through lenses provided by the Climate Change (Scotland) Act 2009 and biodiversity commitments under the Convention on Biological Diversity, with some praising strengthened climate duties and others urging further measures. Local authorities reported resource pressures similar to those documented by the Accounts Commission and audit findings from Audit Scotland, and legal challenges referenced case law from the Court of Session and appellate procedures involving the UK Supreme Court.

Amendments and related legislation

Since enactment, the Act has been amended and operated alongside related statutes and instruments such as the Community Empowerment (Scotland) Act 2015, the Climate Change (Scotland) Act 2009, updates to the National Planning Framework, and guidance under the aegis of the Scottish Ministers. Subsequent regulations and statutory instruments have refined detail on participation, fees, and enforcement in line with recommendations from the Scottish Law Commission and parliamentary committee inquiries, and intersect with land management frameworks overseen by bodies like the Scottish Land Commission and fiscal measures affecting development financed via entities such as the Scottish National Investment Bank.

Category:Scots law