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The Planning System

Annex: The Legislative Framework

The main pieces of primary legislation in the field of town and country planning and their general content are:-

The Town and Country Planning (Scotland) Act 1997
Defines the scope of town and country planning and sets out the general legislative framework for the preparation of structure and local plans and the administration of development control.

The Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997
Sets out the special controls in respect of buildings and areas of special architectural or historic interest.

The Planning (Hazardous Substances) (Scotland) Act 1997
Provides the statutory framework for regulating the storage of hazardous substances.

The Planning (Consequential Provisions) (Scotland) Act 1997
Deals with the changes to other legislation as a result of the consolidation of the main planning Act e.g. the replacement of references to sections of the 1972 Act with the appropriate sections of the 1997 Act.

The main instruments of secondary planning legislation and their general content are:-

The Town and Country Planning (Structure and Local Plans) (Scotland) Regulations 1983
Outline the procedures for the preparation, submission and approval or adoption of structure and local plans, and their alteration, repeal and replacement. SI 1983/1590

The Town and Country Planning (Use Classes) (Scotland) Order 1997
Sets out 11 classes within which it is possible to change the use of land and buildings without the need to obtain planning permission. SI 1997/3061 amended by SI 1998/1196 and SSI 1999/1

The Town and Country Planning (General Permitted Development) (Scotland) Order 1992
Grants a general planning permission for a wide range of minor developments and sets out the procedures for withdrawing these permitted development rights. SI 1992/223 amended by SI 1992/1078 and 2084, 1993/1036, 1994/1442, 2586, 2716 and 3294, 1996/252, 1266 and 3023, 1997/1871 and 3060 and 1998/1226

The Town and Country Planning (General Development Procedure)(Scotland) Order 1992
Sets out the procedure to be followed in making and deciding planning applications, appeals and Certificates of Lawful Use or Development. There are separate regulations on procedures to be followed in appeal cases and for the conduct of public inquiries. SI 1992/224 amended by SI 1992/2083, 1993/1039, 1994/2585 and 3293, 1996/467 and 1997/749

The Town and Country Planning (Simplified Planning Zones) (Scotland) Regulations 1987
Set out the procedures for making and altering simplified planning zones. SI 1987/1532

The Environmental Impact Assessment (Scotland) Regulations 1999
Set out 2 scheduled categories of development:

• planning applications for Schedule 1 projects (eg nuclear power stations) must be accompanied by an environmental statement;

• for Schedule 2 projects the planning authority will require an environmental statement if it believes the development is likely to have significant effects on the environment. SSI 1999/1

The Planning (Hazardous Substances) (Scotland) Regulations 1993
Set out the substances and quantities to which hazardous substances controls apply as well as the procedures relating to obtaining hazardous substances consent, enforcement procedures and forms etc. SI 1993/323 amended by SI 1996/252

The Planning (Control of Major Accident Hazards) (Scotland) Regulations 2000
Amend the Planning system, particularly the hazardous substances consent regime, to implement the European Directive on the Control of Major Accident Hazards Involving Dangerous Substances. SSI 2000/179

The Town and Country Planning (Enforcement of Control) (No.2) (Scotland) Regulations 1992
Set out the procedures for the enforcement of planning control. SI 1992/2086

The Town and Country Planning (Development contrary to Development Plans) (Scotland) (No 2) Direction 1994
Sets out the procedures which planning authorities must follow in dealing with applications for development contrary to development plans.

The Town and Country Planning (Notification of Applications) (Scotland) Direction 1997
Outlines the categories of development that should be notified to the Scottish Ministers in particular circumstances, the formal information to be submitted and the procedure to be followed.

The Town and Country Planning (Notification of Applications) (Scotland) Amendment Direction 1997 — Notification of Planning Applications
Amends notification requirements regarding proposals for wind generators and introduces notification requirements for proposals affecting playing fields.

The Town and Country Planning (Notification of Applications) (Scotland) Amendment Direction 1998 — Notification of Planning Applications
Change the floor space requirements which trigger notification of retail proposals to the Scottish Ministers from 20,000 square metres to 10,000 square metres.

The Town and Country Planning (Notification of Applications) (Scotland) Amendment (No 2) Direction 1998
Outlines the circumstances in which opencast coal and related mineral development proposals should be notified to the Scottish Ministers where the planning authority are minded to grant permission

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