Publication - Consultation paper
Local place plans - proposals for regulations: consultation
This consultation paper relates to proposals for regulations on the content, preparation, submission and registration of Local Place Plans.
Annex E: Strategic Environmental Assessment – Pre-Screening Notification
| SEA Pre-Screening Document | |
|---|---|
| Responsible Authority: | Scottish Government |
| Title of the plan: | Proposals for Regulations on Local Place Plans |
| What prompted the plan: (e.g. a legislative, regulatory or administrative provision) | Provisions in Section 14 of The Planning (Scotland) Act 2019 introduce Schedule 19 into the Town and Country Planning (Scotland) Act 1997 setting out the legislative framework for Local Place Plans (LPPs). An LPP is prepared by a community body and is a proposal as to the development or use of land. The Act did not contain provisions for the development, preparation, submission and registration of LPPs. As these requirements were to contain a considerable level of administrative detail, it was considered appropriate that they were dealt with through secondary legislation rather than on the face of the Act. |
| Plan subject: (e.g. transport) | Town and Country Planning |
| Brief summary of the plan: (including the area or location to which the plan related) | The regulations will cover requirements on the preparation and submission of LPPs prepared across all Scotland. However LPPs are not required to be prepared by community bodies. It is for the community bodies themselves to consider whether they wish to prepare an LPP. They will be taken into account when the relevant Local Development Plan is being prepared. LDPs are developed by all Scottish planning authorities. |
| 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) | The intention of the legislation is to support one of the overarching themes within the review of planning – collaboration over conflict. The focus of the regulations is to provide the administrative provisions for the development of LPPs. In response to the criteria in Schedule 2 of the Environmental Assessment (Scotland) Act 2005, the aim of the regulations is to provide an administrative framework for LPPs so that, once taken into account in the development of an LDP, they provide the basis for decision-making processes in the planning system. LPPs have the potential to influence decision-making through their influence on the LDP. It is the overall LDP which will be subject to Strategic Environmental Assessment (SEA), with the final decision resting with the planning authority. If any changes to the plan or any mitigation was required in order to resolve potential points of conflict these would be subject to their own SEA requirements, as part of the planning process. It is therefore our view that the legislation would have no or minimal environmental effects once implemented. We have also considered whether any of the 'guiding principles' set out in section 9 of the UK Withdrawal from the European Union (Continuity) Scotland Act ('the Continuity Act') are relevant to the regulations, and concluded that they are not. This is because the proposals concern the introduction of new procedural requirements on the preparation and submission of Local Place Plans. As discussed above, LPPs have the potential to influence decision making through their influence on the LDP, which will itself be subject to all relevant requirements for consideration under the Continuity Act. |
| Contact details: | Graham Robinson Planning and Architecture Division, Scottish Government e-mail: Graham.Robinson@gov.scot |
| Date of opinion: | 12 February 2021 |
When completed send to: SEA.gateway@scotland.gsi.gov.uk or to SEA Gateway, Scottish Government, Area 2H (South), Victoria Quay, Edinburgh, EH6 6QQ
Contact
Email: Chief.Planner@gov.scot
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