The Development Management work package includes implementation of Planning (Scotland) Act 2019 provisions relating to:
Several of the development management provisions have already been brought into force, including requirements relating to noise-sensitive developments, provision of changing places toilet facilities and a statement as to conformity with the development plan. See the Legislation page for more details.
The changes to pre-application consultation requirements with communities about national and major development, which were due to come into force on 1 April 2022, and the related changes in section 18 of the Planning (Scotland) Act 2019, are to be postponed until 1 October 2022.
The changes to new pre-application consultation (PAC) requirements from the old PAC requirements and the latter with Coronavirus modifications involves various transitional arrangements. Which PAC requirements apply in a case will depend on when a proposal of application notice (PoAN) is given to the planning authority and when the eventual planning application is made.
This is summarised in the following table, based on the relevant dates in the current legislation:
|PoAN given before 01/10/22||PoAN given on or after 01/10/22|
|Application made on or before 31/03/231||Coronavirus PAC Modifications Apply||New PAC requirements apply|
|Application made after 31/03/23 and by 31/03/242||Old PAC requirements apply3||New PAC requirements apply|
|Application made after 31/03/242||New PAC requirements apply (i.e. start PAC again as no application made by 31/03/242)||Start PAC again if more than 18 months from date PoAN given|
Section 17 of the Planning (Scotland) Act 2019 includes provisions for planning authorities to be able to designate Short-Term Let Control Areas within their boundaries. In those areas, the use of a dwellinghouse for short term letting is deemed to involve a material change of use and therefore always needs planning permission. The arrangements for designating control areas are further set in the Short-Term let Control Area Regulations. The provisions will be in force from 1 April 2021 and we are preparing associated guidance.
Last Updated: 01 Apr 2022