Local development planning guidance

Annex A: Transitional arrangements

Purpose

1. Regulations outline the arrangements for transitioning between the existing LDP system (as introduced into the Act by the Planning (Scotland) Act 2006) and new LDP system (as introduced into the Act by the Planning (Scotland) Act 2019).

2. For LDPs and supplementary guidance that proceed to adoption under the provisions and procedures introduced by the 2006 Act, the existing regulations need to be continued. This is enabled through the Town and Country Planning (Development Planning)(Scotland) Regulations 2023, regulation 27.

3. The commencement of section 9 of the 2019 Act repeals section 22 of the 1997 Act, removing the ability to prepare supplementary guidance in connection with an LDP. Transitional arrangements allow supplementary guidance to continue to be prepared and adopted in association with LDPs until 31 March 2025.

Legislative provisions

4. Savings and transitional provisions are provided, in relation to the Town and Country Planning (Development Planning) (Scotland) Regulations 2008. Transitional and savings arrangements are included in the Town and Country Planning (Development Planning) (Scotland) Regulations 2023 and The Planning (Scotland) Act 2019 (Commencement No. 12 and Saving and Transitional Provisions) Regulations 2023.

The provisions of the 2008 Regulations continue to apply for:

(a) those LDPs that had reached the stage whereby notice of the proposed LDP was published in a local newspaper in accordance with regulation 12(2)(a) of the 2008 Regulations before 12 February 2023, [12 February 2023 is the date that Commencement No 11 was commenced to give NPF4 status of being part of the development plan] and

(b) supplementary guidance in connection with a LDP.

as they did immediately before 19 May 2023, when the 2023 Regulations came into force. - regulation 27

Regulation 4 provides transitional arrangements for LDPs that have commenced under the old system.

It means that if a notice of a Proposed Plan has been published in a newspaper before 12 February 2023 that they can progress under the old system in terms of requirements in the Act on their form and content, preparation, publication and publicity, Examination and monitoring.

It also means that the new provisions on LDP plan making introduced under the 2019 Act do not apply, these being in relation to:

• participation of children and young people;
• invitation to prepare LPPs;
• Evidence Reports; and
• Examination under section 19ZA which relates to housing land, and where the appointed person is not satisfied that the amount of land allocated for housing is sufficient to meet the targets. - regulation 4 of the Commencement No. 12 and Saving and Transitional Provisions) Regulations 2023.

Saving and transitional provisions have been included for section 22 of the 1997 Act which will continue to have effect for a two year period (12 February 2023 and ending on 31 March 2025), during which time supplementary guidance can continue to be prepared and adopted in association with LDPs. - Regulations 1 and 4 of The Planning (Scotland) Act 2019 (Commencement No. 11 and Saving and Transitional Provisions) Regulations 2023

Implementation

Savings and transitional arrangements

5. Where a planning authority has:

• published its proposed LDP before 12 February 2023, they will be able to proceed to adoption under the existing provisions and procedures in the 1997 Act (introduced by the 2006 Act); or
• not reached the stage of a published proposed plan before 12 February 2023, the emerging plans will be subject to the new processes introduced by the 2019 Act.

6. LDPs within SDP areas will no longer be required to be consistent with the SDP. For proposed LDPs prepared prior to the adoption and publication of NPF4, it may be that there are opportunities to reconcile identified inconsistencies with NPF4 through the Examination process. However there are clear limitations to this. The scope of an Examination is limited to issues raised in representations and the process must remain proportionate and fair.

Supplementary Guidance

7. Across Scotland there is a substantial amount of supplementary guidance associated with SDPs and LDPs. The development plan system is transitioning to one where supplementary guidance does not form part of the statutory development plan.

8. Supplementary guidance associated with LDPs which was in force before 12 February 2023 will continue to be in force and be part of the development plan (1997 Act; paragraph 2 of schedule 1).

9. A period of around 2 years, from 12 February 2023 until 31 March 2025, will be allowed for the adoption of supplementary guidance associated with LDPs adopted under the 2006 Act. Such adopted supplementary guidance is to be treated as forming part of the development plan for the area to which the LDP relates.

Strategic Development Plans

10. On 13 February 2023 Strategic Development Plans (SDP) and associated supplementary guidance ceased to have effect and as such no longer be part of the development plan. LDPs within SDP areas are no longer required to be consistent with the SDP.

Bigger picture

11. From 1 April 2025, no further statutory supplementary guidance will be allowed to come forward for adoption as we transition to the new system. Planning authorities should consider whether any key provisions previously covered in supplementary guidance need to be provided for in their LDP itself.