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Implementing the Planning (Scotland) Act 2019
The Scottish Government has today published its timetable for implementing the Planning (Scotland) Act 2019 in its post-bill work programme to 2021. This indicates where aspects of the Act will be commenced for the purpose of enabling ministers to prepare regulations, with many sections commencing in just over one month’s time. Thereafter, it is expected that the majority of the Act will be implemented by the second quarter of 2021. Some of the key timescales are set out below: National Planning Framework The Act affords until 2024 (10 years post NPF3) to prepare a new National Planning Framework (NPF4). The work programme indicates that the Scottish Government intends to move much quicker. An NPF team has been assembled, led by Assistant Chief Planner Dr Fiona Simpson, and work is underway. Consultation will take place in Qs 1 & 2 2020 with a draft NPF4 in Q3 2020. The final NPF4 is anticipated in Q3 2021 for approval in Q4 2021. Regional Spatial Strategies The Act requires that review of the NPF is to take account of any adopted RSSs and that RSSs are to be prepared as soon as practicably possible following implementation of that part of the Act. Conventional wisdom implied that the first tranche of RSSs would be prepared, to inform and be followed by NPF4 then the first tranche of new LDPs. This update implies otherwise. Scottish Government proposes that guidance on RSSs will be published in Q4 2021, so preparation of RSSs will presumably follow this date. Local Development Plans Guidance and regulations on LDPs are anticipated to be published in Q4 2021, shortly before the majority of current generation LDPs will be adopted. Transitional arrangements will be announced shortly. Community Engagement Regulations and guidance in relation to Local Place Plans, effective community engagement when preparing LDPs, mediation in planning and changes to Pre-Application Consultation will be brought forward by Q1 2021. Other dates of note Agent of Change Principle – Q4 2019 Short Term Let Control Areas – Q4 2020 Duration of Permission and Completion Notices – Q1 2021 Guidance on “similar applications” and “significant change” – Q1 2021 Decision on whether to include a requirement to consult music venue representative body – Q1 2021 Delegation of decisions and local reviews – Q3 2021 Health impact assessment – Q4 2021 Masterplan Consent Areas – Q4 2021   See our Planning (Scotland) Act series: Planning (Scotland) Act 2019Planning (Scotland) Act 2019 - Regional PlanningPlanning (Scotland) Act 2019 - National Planning FrameworkPlanning (Scotland) Act 2019 - Local Development Plans Subscribe to Lichfields’ blog to get all Planning (Scotland) Act 2019 series sent direct to your inbox.

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Planning (Scotland) Act 2019  - Local Place Plans
The Planning (Scotland) Act 2019 was placed on the statute book at the end of July and Local Place Plans are new. Before preparing a Local Development Plan (LDP) the planning authority are now to invite local communities to prepare an LPP stating the timescales that are to be adhered to if they are to be taken into consideration in the preparation of the LDP and assistance available to prepare them. A community body may prepare an LPP.  An LPP is a proposal as to the development or use of land.  It may also identify land and buildings that the community body considers to be of particular significance to the local area.  In preparing an LPP, a community body must: have regard to (i) the local development plan for the land, or any part of the land, to which the local place plan relates, (ii) the National Planning Framework, (iii) such other matters (if any) as are prescribed, set out reasons for considering that the local development plan should be amended, and comply with any prescribed requirements as to (i) the form and content of the plan, and (ii) steps which must be taken before preparing the plan. It is not clear yet who in addition to local councillors are to be consulted in the making of an LPP.  There does not appear to be any examination or vote on an LPP unlike the English Neighbourhood Plans. Scottish Ministers are to review LPPs every 7 years. See our other blogs in this series: Planning (Scotland) Act 2019Planning (Scotland) Act 2019 - Regional PlanningPlanning (Scotland) Act 2019 - National Planning FrameworkPlanning (Scotland) Act 2019 - Local Development Plans Subscribe to Lichfields’ blog to get all Planning (Scotland) Act 2019 series sent direct to your inbox.

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