The Town and Country Planning (National Planning Framework and Local Development Plan Amendment) (Scotland) Regulations 2024 - Impact Assessments
These impact assessments relate to the proposed procedures for preparing
amendments to National Planning Framework and Local Development Plans. The plans prepared using those procedures will themselves be subject to assessments of the impact of their content.
Strategic Environmental Assessment (SEA)
Pre-Screening
Responsible Authority:
Scottish Government
Title of the plan:
The Town and Country Planning (National Planning Framework and Local Development Plan Amendment) (Scotland) Regulations 2024
What prompted the plan:
(e.g. a legislative, regulatory or administrative provision)
Section 12 of the Planning (Scotland) Act 2019 inserts new sections 3CC and 20AA into the Town and Country Planning (Scotland) Act 1997 to introduce powers to amend both the National Planning Framework and local development plans.
Plan subject:
(e.g. transport)
Town & country planning.
Brief summary of the plan:
(including the area or location to which the plan related)
The Regulations provide additional procedural and technical detail around the requirements set out in Planning (Scotland) Act 2019 for amending elements of the Development Plan in Scotland.
The detail in the Regulations is based on the broad principles inserted within the 2019 Act, which was subject to Strategic Environmental Assessment (SEA).
The detailed procedures set out in the Regulations are not expected to have environmental effects in their own right as they are more administrative in nature, covering the technical process through which amendments can be made.
Brief summary of the likely environmental consequences:
(including whether it has been determined that the plan is likely to have no or minimum effects, either directly or indirectly)
It is our view the environmental impact of these amendment regulations has already been adequately determined.
The Planning (Scotland) Act 2019 which established the principles behind these regulations, was subject to a full SEA. In addition there has been SEA consideration of the 2023 development planning regulations.
The additional level of detail contained in the new amendment Regulations has therefore no or minimal environmental effects beyond those that were already established by the assessment of the 2019 Act, and the main development planning regulations.
Amendments brought forward by Scottish Ministers or planning authorities to amend the NPF or LDPs respectively may be subject to SEA, providing due consideration of potential significant environmental effects of any proposed changes to the NPF or LDPs.
Brief summary of how environmental principles have been considered:
(including whether any of the guiding principles, as set out in section 13 of the Continuity Act, are relevant to the plan)
As the new Regulations have no or minimal environmental effects in their own right, it is our view that the environmental principles are not relevant to the proposed regulations.
Contact details:
Ruairidh Anderson
Planning, Architecture and Regeneration Division
Local Government and Housing Directorate.
Date of opinion:
05 February 2024
Contact
Email: AmendmentRegs@gov.scot
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