Development plan amendment regulations: consultation

Closed 22 May 2024

Opened 28 Feb 2024


We want to hear your views on our proposed approach to regulations on the processes for amending the National Planning Framework (NPF) and Local Development Plans (LDPs).

This is part of our wider work on planning reform and implementation of the Planning (Scotland) Act 2019 (the 2019 Act), which made changes to the Town and Country Planning (Scotland) Act 1997 (the 1997 Act). Regulations, also known as secondary legislation, are necessary to provide additional detail to the requirements set out in the Act (primary legislation).

The NPF and the LDP for each planning authority comprise the ‘development plan’. Decisions on planning applications are to be made in accordance with the ‘development plan’ unless there are material considerations that indicate otherwise.

The 1997 Act, as amended by the 2019 Act, sets out the procedures for preparing NPF and LDPs. It also allows for NPF and LDPs to be amended, and for regulations to provide more detail about the amendment process.

Our aim across our proposals for both the NPF and LDP Amendment regulations is to be proportionate. We understand the resource burden reviewing these documents as a whole will have, and as such envisage that the amendment process will be a responsive and streamlined version of the full review process, whilst balancing the need for due process (including appropriate justification and consultation on the proposed amendment).

Read the consultation paper. The consultation paper contains full background information for this consultation. You may find it useful to read or refer to while responding.

Useful information about responding to this consultation

As you complete your response, each page will provide the option to 'Save and come back later' at the bottom. This means you can save your progress and return to the consultation at any time before it closes. If you don't use this feature and leave the consultation midway through, your response will be lost.

Once you have submitted your response, you can enter your email address to get a pdf copy of your answers sent to you.

On the 'About You' page at the end of this consultation, organisations will have the opportunity to tell us more about their work and/or how their response was informed.

After the consultation has closed there will be a few months delay before any responses are published. This is because we must check any responses to be published abide by our Terms of Use.

A analysis report will usually be published some months after the consultation has closed. This report will summarise the findings based on all responses submitted. It will be published on the Scottish Government website and you may be notified about it if you choose to share your email address with us. You can also join our consulation mailing list where we regularly list newly published analysis reports (as well as new consultations).


Why your views matter

The development plan sets forth Scottish Ministers’ policies and proposals for the development and use of land, guides spatial development and locally sets out how places will change into the future. The proposed approach put forward in this consultation document aligns with the key outcomes that guide our programme of planning reform and is part of our aim to ensure we have a planning system which supports thriving communities to live well locally, providing multiple benefits for people and the environment.

We seek views to inform our proposed regulations, with the aim of striking a balance between ensuring there is confidence in the planning system over the long term and a planning system which is flexible enough to respond to arising issues.

What happens next

Following the closing date, all responses will be analysed and used as part of the decision making process, along with a range of other available information and evidence. We will publish a report of this analysis.

Where respondents have given permission for their response to be made public, and after we have checked that they contain no potentially defamatory material, responses will be made available to the public.


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