The reform of the planning system requires substantial changes to legislation. This started with the Planning (Scotland) Act 2019, which makes some significant changes to the Town and Country Planning (Scotland) Act 1997.
We are now taking forward a programme of secondary legislation to enable implementation of the new Act, along with further legislation such as changes to permitted development rights.
We include here links to the Planning (Scotland) Act 2019 and all regulations which have either been brought forward as part of its implementation or to form another part of the Transforming Planning in Practice programme.
Planning (Scotland) Act 2019
We have produced this version of the Town and Country Planning (Scotland) Act 1997 showing the amendments made to it by the 2019 Act.
Information note - This explains the regulations laid in the Scottish Parliament up to 05 March 2020, bringing various sections of the Planning (Scotland) Act 2019 into force. We will update it when further regulations are brought forward.
The Planning (Scotland) Act 2019 (Commencement No. 1) Regulations 2019 - Includes bringing into force provisions relating to: the Purpose of Planning; and the National Planning Framework. Policy Note
The Planning (Scotland) Act 2019 (Commencement No. 2, Saving and Transitional Provisions) Regulations 2019 - Includes bringing into force provisions relating to: notice of major developments to elected members; noise-sensitive developments; and increased maximum fines relating to enforcement action. (Also see Amendment Regulations) Policy Note
The Planning (Scotland) Act 2019 (Commencement No. 3) Regulations 2019 - Includes bringing into force provisions relating to: appointment of National Planning Improvement Coordinator; Forestry and Woodland Strategies; statement on appropriate circumstances for ministerial call-in of planning applications; and a range of powers to make regulations.
The Planning (Scotland) Act 2019 (Ancillary Provision) Regulations 2019 - Making several amendments to the Act to replace or delete references to sections of the 1997 Act that were removed during the Parliamentary process.
The Town and Country Planning (Changing Places Toilet Facilities)(Scotland) Regulations 2020 - Amend the types of development that require a Changing Places Toilet and the description of the facility, and add a minimum size / capacity limit. Planning Circular
The Planning (Scotland) Act 2019 (Commencement No.4 and Transitional Provision) Regulations 2020 - Brings into force provisions on Changing Places Toilets and powers to make regulations on short term let control areas. Policy Note
The Planning (Scotland) Act 2019 (Commencement No. 5 and Saving, Transitional and Consequential Provisions) Regulations 2020 - Brings into force provisions on planning obligations, including changes to the procedures for modifying or discharging obligations.
The Town and Country Planning (Short-term Let Control Areas) (Scotland) Regulations 2021 – Draft Regulations – Sets the arrangements and processes for designation, variation and cancellation of Short-Term Let Control Areas. Policy Note
The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Amendment Order 2020 – New and extended permitted development rights relating to digital infrastructure, agricultural developments, peatland restoration, development supporting active travel and aquaculture. Policy Note
Last Updated: 29 Dec 2020