Notification directions and gypsy/traveller developments: Chief Planner letter

                      Dear Colleague

I am writing to you to draw your attention to the attached directions which will come into force on Friday 1 March 2019. These cover the notification of proposals for Gypsy/Traveller development and the notification of non-householder planning applications within historic battlefields. 

The Scottish Government is committed to focusing on what planning can do to support the Gypsy/Traveller community, to ensure arrangements for safe and secure places to stop or settle are in place. This direction will enable a national overview of Gypsy/Traveller development activity in the planning system to be created, covering both current and future planning applications authorities receive for Gypsy/Traveller development. 

Historic Battlefields are an important part of our identity and culture. The direction will inform our understanding of developments in the planning system which have the potential to affect our designated historic battlefields. The scope of this direction covers non-householder development and includes new cases validated from 1 March 2019. It does not include cases already under consideration.

For the avoidance of doubt, both directions require notification at validation and require only the following details to be submitted to Ministers (as relevant): 

• The planning application reference
• The address or location of the development;
• The historic battlefield it is in; and
• The description of the development.

If you have any queries about this letter - please do not hesitate to contact our planning decisions team at planning.decisions@gov.scot

Yours faithfully

John McNairney

Chief Planner

 

Annex 1

The Town and Country Planning (Notification of Applications)(Gypsy/Traveller Accommodation Needs)(Scotland) Direction 2019

1. Scottish Ministers draw your attention to the attached direction. The Direction is given under powers conferred on Scottish Ministers by Regulation 31 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013.

2. The Direction comes into force on 1 March 2019. The effect of the Direction is to require notification of any applications for Gypsy/Traveller developments to Scottish Ministers. The requirement applies to both new planning applications and any that are currently being considered.

3. We believe planning can play a vital role in ensuring that Gypsies and Travellers have safe and secure places to stop or settle. This Direction is given to inform a national overview of Gypsy/Traveller development activity in the planning system.

The Town and Country Planning (Notification of Applications)(Gypsy/Traveller Accommodation Needs)(Scotland) Direction 2019

Scottish Ministers give the following Direction in exercise of the powers conferred by regulations 31 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 and all other powers enabling them to do so:

Citation, commencement and interpretation

1. In this Direction— 

“Gypsy/Traveller development” means development to support the accommodation needs of Gypsies and Travellers

Information to be given to Scottish Ministers 

2. Where a planning authority have before them for determination an application for planning permission for Gypsy/Traveller development, it must give Scottish Ministers the following information—

• The planning application reference;
• The address or location of the development; and
• A description of the development.

3. The Scottish Government would expect, where possible, that the information sent to Scottish Ministers, is provided electronically by means of a link, or series of links to the relevant case file on the authority’s website.

Submission of information

4. Submission should be made by e-mail to the following address:

planning.decisions@gov.scot

5. Where it is necessary to send hard copies of some or all of the required documents, they should be sent to:

The Scottish Government
Directorate for Local Government and Communities
Planning and Architecture Division
Planning Decisions
Area 2F South
Victoria Quay
Edinburgh
EH6 6QQ

Annex 2

The Town and Country Planning (Notification of Applications) (Historic Battlefields) (Scotland) Direction 2019 

1. Scottish Ministers draw your attention to the attached Direction. The Direction is given under powers conferred on Scottish Ministers by Regulation 31 of the Town and Country Planning (Development Management Procedure (Scotland) Regulations 2013.

2. The Direction comes into force on 1 March 2019. The effect of the Direction is to require notification of any new applications for non-householder development that may affect designated historic battlefields. 

3. Scotland’s designated historic battlefields are an important part of our identify and culture. This Direction is given to inform a national overview of development in the planning system that is affecting designated historic battlefields.

The Town and Country Planning (Notification of Applications) (Historic Battlefields) (Scotland) Direction 2019 

Scottish Ministers give the following Direction in exercise of the powers conferred by regulations 31 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 and all other powers enabling them to do so

Citation, commencement and interpretation

1. —(1) This Direction may be cited as the Town And Country Planning (Notification of Applications) (Historic Battlefields) (Scotland) Direction 2019 and comes into effect on 1 March 2019.

(2) In this Direction—

“historic battlefield” means a battlefield which is included on the Inventory of Historic Battlefields compiled and maintained under section 32B of the Ancient Monuments and Archaeological Areas Act 1979[1]; and

“householder development” means the carrying out of building, engineering or other operations—

(a) to improve, add to or alter an existing dwellinghouse;

(b) within the curtilage of a dwellinghouse for a purpose incidental to the enjoyment of that dwellinghouse; and

(c) to erect or construct a gate, fence or wall or other means of enclosure along a boundary of the curtilage of a dwellinghouse.

Information to be given to Scottish Ministers 

2. When a planning authority receives an application for planning permission, other than an application for householder development, for development within a historic battlefield, it must give Scottish Ministers the following information—

• The planning application reference;
• The address or location of the development;
• The historic battlefield it is in; and
• A description of the development.

3. The Scottish Government would expect, where possible, that the information sent to Scottish Ministers, is provided electronically by means of a link, or series of links to the relevant case file on the authority’s website.

Submission of information

4. Submission should be made by e-mail to the following address:

planning.decisions@gov.scot

5. Where it is necessary to send hard copies of some or all of the required documents they should be sent to:

The Scottish Government
Directorate for Local Government and Communities
Planning and Architecture Division
Planning Decisions
Area 2F South
Victoria Quay
Edinburgh
EH6 6QQ