Scottish and UK Legislation

Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc. (Scotland) Act 2006 and Planning (Scotland) Act 2019

Introduction and Overview

The primary legislation for planning in Scotland is the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006 with the most recent amendments made by the Planning (Scotland) Act 2019. 
Together these laws shapes the planning system in Scotland, setting the rules for how land is used and developed, how planning permissions are granted and how plans are managed and developed at the macro level to the micro level. 

Key Provisions

Part 1A - National Planning Framework 

National Planning Framework (NPF) is the spatial plan for Scotland. It is to set out the Scottish Ministers policies and proposals for the development and use of land. 
NPF must contain - 
1. a strategy for Scotland's spatial development. 
2. a statement of what the Scottish Ministers consider to be priorities for that development
3. targets for the use of land in different areas of Scotland for housing
4. an assessment of the likely impact of each proposed national development's lifecycle greenhouse gas emissions on achieving national greenhouse gas emissions reduction targets (within the meaning given in the Climate Change (Scotland) Act 2009) s. 3A

Comments

The most important development in the given act is the importance given to the environmental aspect of the development project's lifecycle GHG emissions which was amended by the Planning (Scotland) Act 2019 giving credence to the net zero goal established under the Climate Change (Scotland) Act 2019. 

The NPF must be reviewed every 10 years and the provisions which require parliamentary consideration of the NPF was repealed by the 2019 Act. 

NPF4

National Planning Framework 4 (NPF4) is our national spatial strategy for Scotland. It was adopted in February 2023. It sets out our spatial principles, regional priorities, national developments and national planning policy. It replaces NPF3 and Scottish Planning Policy. NPF4 Policy 10: Coastal Development sets out that development in coastal areas should account for future flood and erosion risk, and be adaptable to climate change

NPF4 Focus on North-East of Scotland

The Policy will focus on supporting the current net-zero transition from oil and gas to green technologies along with improving local liveability and development  will be focused on corridors extending from Aberdeen to Peterhead, Huntly, and Laurencekirk, supported by new infrastructure and public services. There will be a focus on regeneration of coastal communities of Banff, Macduff, Fraserburgh and Peterhead. 

NPF: Procedure

The recent amendments removed provisions about laying  the NPF in the parliament but it amended the act and requires the Scottish ministers to only adopt a revised NPF after the approval by the resolution of the Parliament. 

Section 15: Form and Content of Local Development Plans

The given section comprehensively covers the details regarding local development plans which relates to a spatial strategy, being a detailed statement of the planning authority's policies and proposals as to the development and use of the land. 

Community Involvement and Local Place Plans (Schedule 19)

The new act 2019 introduced Local Place Plans, a new right for communities to draw up their own mini-plans for their area and propose these to the local authority. Coastal communities – for instance, a small fishing village or a coastal neighborhood of Aberdeen – can use Local Place Plans to highlight local priorities such as maintaining access to the shore, improving coastal path networks, or identifying areas for habitat restoration. Schedule 

While not automatically part of the statutory plan, councils must “have regard” to these community plans when preparing LDPs, giving communities a stronger voice. This is a tool EGCP could help coastal communities utilize, ensuring grass-roots coastal management ideas (like creating a pocket park on the waterfront or zoning a section of beach for wildlife protection) are formally tabled in the planning process.

Planning framework Intersection with climate change laws and framework

Importantly, planning law intersects with Scotland’s climate change legislation and flood management laws. The Climate Change (Scotland) Act 2009 and subsequent amendments set emissions reduction targets and adaptation duties which now filter into planning via the 2019 Act’s provisions. The 2019 Act amended the 1997 Act to state that development plans must be prepared with the objective of contributing to sustainable development and meeting national outcomes, including climate resilience.