Proposed changes to pre-application consultation requirements: consultation

Annex A – Proposed Changes To Pre-Application Consultation Requirements In Planning – Draft Regulations

Scottish Statutory Instruments

2021 No.

Town and Country Planning

The Town and Country Planning (Pre-Application Consultation) (Scotland) Amendment Regulations 2021

Made - - - - ***

Laid before the Scottish Parliament ***

Coming into force - - ***

The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by sections 35A, 35B, 35C and 275 of the Town and Country Planning (Scotland) Act 1997(16) and all other powers enabling them to do so.

Citation and commencement

1. These Regulations may be cited as the Town and Country Planning (Pre-Application Consultation) (Scotland) Amendment Regulations 2021 and come into force on [ ].

Interpretation

2. In these Regulations—

"the Act" means the Town and Country Planning (Scotland) Act 1997, and

"the 2013 Regulations" means the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013([17]).

Amendment of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013

3. The 2013 Regulations are amended in accordance with regulations 4 to 8.

Pre-application consultation – exemptions

4. After regulation 4 insert—

Pre-application consultation – exemptions

4A.—(1) The circumstances specified for the purposes of section 35A(1A)(b) of the Act (pre-application consultation: preliminary) in which section 35A(1) of the Act does not apply to an application for planning permission are set out in paragraph (2)

(2) The circumstances are where all of paragraphs (a) to (f) apply—

(a) the application for planning permission relates to proposed development—
(i) of the same character or description as development in respect of which an earlier application for planning permission was made ("the earlier application"),
(ii) which falls within the description of the development contained in the proposal of application notice given to the planning authority under section 35B(2) of the Act in respect of the earlier application, and
(iii) to be situated on the same site as the development to which the earlier application related, or to part of that site, and to no other land except land included solely for the purpose of providing a different means of access to the site,

(b) there has been compliance with the requirements of section 35B in respect of the earlier application,

(c) the planning authority have not exercised their power under section 39 to decline to determine the earlier application,

(d) the application and the earlier application are made by, or on behalf of, the same person,

(e) the application for planning permission is made no later than eighteen months after the validation date of the earlier application, and

(f) the applicant has not, since the date on which the earlier application was made, made any other application for planning permission for proposed development as described in paragraph (a) without having complied with section 35B.

(3) Where the applicant believes that section 35A(1) of the Act does not apply to an application for planning permission by virtue of section 35A(1A)(b) a statement to that effect must accompany the application for planning permission and that statement must identify the earlier application.

Content of pre-application screening notice

5. In regulation 5 (content of pre-application screening notice) —

(a) after paragraph (1) insert—

"(1A) If the notice under section 35A(3) of the Act relates to a prospective application for planning permission for development of the same character or description as development in respect of which an earlier application for planning permission was made, the notice must contain—

(a) sufficient information to enable the earlier application to be identified by the planning authority,

(b) the information contained in the proposal of application notice given to the planning authority under section 35B(2) of the Act in respect of the earlier application, and

(c) a statement (for the purposes of assessment of the need to comply with section 35B), confirming the date, or latest date, on which the prospective applicant intends to make that application for planning permission, and

(b) at the end of paragraph (2) insert " and "earlier application" has the same meaning as in regulation 4A(2)(a)(i)".

Pre-application consultation

6. In regulation 7 (pre-application consultation)—

(a) in paragraph (2)(a)—
(i) for "one public event" substitute "two public events", and
(ii) at the end omit "and",

(b) for paragraph (2)(b)(ii) substitute —
"(ii) details as to how further information concerning the proposed development may be obtained by electronic means and where such information can be inspected,"

(c) in paragraph (2)(b)(iii)—

(i) before "public event" insert "first", and

(ii) at the end insert "and may contain the date and place of the second or subsequent public event;",

(d) in paragraph (2)(b)(v), at the end insert ", and",

(e) in paragraph (3) for "paragraph (2)(b)(iii) substitute—

paragraph (2) and the final public event must be held at least 7 days after the first public event., and

(f) after paragraph (3) insert—

(4) Where notice of the date and place of a second or subsequent public event is given it must also include the information set out in paragraph (2)(b).

(5) The prospective applicant must at the final public event provide feedback to members of the public in respect of comments received by the prospective applicant as regards the proposed development..

Temporary relaxation of pre-application consultation requirements during Coronavirus emergency period

7. In regulation 7A(2)(b) (temporary relaxation of pre-application consultation requirements during Coronavirus emergency period) for "for "where" there were substituted "how" (including by what electronic means)"" substitute ""and where such information can be inspected" were omitted".

Form and content of pre-application consultation report

8. After regulation 7A insert—

Form and content of pre-application consultation report

7B. A pre-application consultation report must contain—

(a) the dates on which, and places where, public events were held as required in accordance with regulation 7(2),

(b) a description of any additional steps taken by the prospective applicant to consult with members of the public as regards the proposed development,

(c) a list of bodies, groups and organisations who were consulted by the prospective applicant,

(d) evidence as to how the prospective applicant carried out the activities described under sub-paragraphs (a), (b) and (c),

(e) copies of—
(i) any materials sent to consultees,
(ii) any materials provided to those attending a public event, and
(iii) any visual presentation shown or displayed at a public event,

(f) photographs of any display boards or models at public events,

(g) confirmation as to whether consultees and attendees at public events were informed that pre-application consultation does not remove the right or the potential need to comment on the final application once it is made to the planning authority,

(i) a summary of—
(i) the written responses to consultations, and
(ii) views raised at public events,

(j) an explanation of how the prospective applicant took account of views raised during the pre-application consultation process, and

(k) an explanation of how members of the public were given feedback on the prospective applicant's consideration of the views raised during the pre-application consultation process.

Transitional Provisions

9. In relation to an application for planning permission where the prospective applicant has before [the date on which these Regulations come into force] given a proposal of application notice to the planning authority in respect of that application—

(a) regulation 7 of the 2013 Regulations continues to apply as it did immediately before that date in respect of compliance by a prospective applicant with section 35B of the Act, and

(b) regulation 7B of the 2013 Regulations (introduced by regulation 8 above) does not apply in respect of a pre-application consultation report to be submitted in relation that application for planning permission.

Authorised to sign by the Scottish Ministers

St Andrew's House,
Edinburgh
2021