Legislation

Note: Links to relevant legislation are through the legislation.gov.uk website. The links may not be the current version of the legislation incorporating subsequent amendments and further searches on the legislation.gov.uk website may be required.

Principal Legislation

Planning permission is almost always required for 'development' on any significant scale. This term is defined in law and covers a wide range of building and engineering work as well as changes in the way land and buildings are used. Planning law also covers changes to listed buildings and control of advertisements.

The main planning law in Scotland is The Town and Country Planning Act (Scotland) 1997 Chapter 8 as amended by The Planning etc. (Scotland) Act 2006. From August 3, 2009 the majority of the 2006 Act came into force.

Secondary Legislation: Regulations and Orders - Introducted as part of Planning Modernisation

Section 2 on Development Planning

Includes legislation on the preparation of strategic development plans and local development plans and orders designating strategic development planning authorities .

Section 3 on Development Management

Includes legislation on enforcement, appeals, schemes of delegation, local reviews, the hierarchy of applications as well as planning application procedures.

Section 4 contains technical instruments

These comprise:

  • Commencement orders, which brought into force the relevant sections of the the 2006 Act.

The latest commencement order contains a schedule summarising the extent to which the 2006 Act has been brought into force. 2006 Act Commencement provides a more detailed table on commencement, including references to some of the savings and transitional provisions for particular sections of the 2006 Act.

  • Related savings orders (in some cases we have combined savings, transitionals and consequential amendments into one order)* , which set out what provisions will be saved in their existing form for various purposes.
  • Transitional orders*, which set out how the new provisions will come into force.

Transitional Arrangement provides guidance on the main aspects of the transition to the new system, including, for example, what happens with applications currently in the system on 3 August but not determined by that date.

  • Consequential amendment orders*, which set out changes required to existing legislation so that it fits with the new system.
  • Miscellaneous amendments order, which amends some of the existing legislation.

In particular there are changes to some of the new legislation which, in addition to corrections of terminology, include amendments to the transitional and savings provisions contained in the new Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008.

(Note: The main regulations on Development Planning and Development Management (including appeals and local reviews) also contain some savings and/or transitional provisions).

Section 1 - Primary Legislation

Planning Etc (Scotland) Act 2006 - Explanatory Note

Section 2 - Development Planning

The Town and Country Planning (Miscellaneous Amendments) (Scotland) (No. 2) Regulations 2009

The Planning etc. (Scotland) Act 2006 (Development Planning) (Saving, Transitional and Consequential Provisions) Amendment (No. 2) Order 2009

The above SSIs share an Executive Note

The Town and Country Planning (Development Planning) (Scotland) Regulations 2008 - Executive Note

The Town And Country Planning (Grounds For Declining To Follow Recommendations) (Scotland) Regulations 2009 - Executive Note

The Strategic Development Planning Authority Designation (No. 1) (Scotland) Order 2008 SSI/2008/195 - Executive Note

The Strategic Development Planning Authority Designation (No. 2) (Scotland) Order 2008/196 - Executive Note

The Strategic Development Planning Authority Designation (No. 3) (Scotland) Order 2008/197 - Executive Note

The Strategic Development Planning Authority Designation (No. 4) (Scotland) Order 2008/198 - Executive Note

The Planning (Control of Major-Accident Hazards) (Scotland) Regulations 2009

The Planning etc. (Scotland) Act 2006 (Development Planning) (Saving, Transitional and Consequential Provisions) Amendment Order 2011

Section 3 - Development Management

The Town and Country Planning (Development Management Procedure)) (Scotland) Regulations 2008 - Executive Note

Town and Country Planning (Charges for Publication of Notices) (Scotland) Regulations 2009 - Executive Note

The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 - Executive Note

The Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2008 - Executive Note

The Town and Country Planning (Appeals) (Scotland) Regulations 2008 - Executive Note

The Town and Country Planning (Inquiries Procedure) (Scotland) Amendment Rules 2009 - Executive Note

The Town and Country Planning (Temporary Stop Notice) (Scotland) Regulations 2009 - Executive Note

The Town and Country Planning (Amount of Fixed Penalty) (Scotland) Regulations 2009 - Executive Note

The Environmental Impact Assessment (Scotland) Amendment Regulations 2009 - Executive Note (Amendments to the EIA regime as a result of changes to planning procedures on applications, appeals etc.)

The Town and Country Planning (General Permitted Development) (Domestic Microgeneration) (Scotland) Amendment Order 2009 - Executive Note

The Town and Country Planning (Modification and Discharge of Good Neighbour Agreement) (Scotland) Regulations 2010

The Town and Country Planning (Modification and Discharge of Planning Obligations) (Scotland) Regulations 2010

The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Regulations 2010

Section 4 - Commencement Orders and Savings, Transitional and Consequential Amendments

[Orders have been grouped together where relevant rather than in strictly date or number order]

The Planning etc. (Scotland Act 2006 (commencement No.1 ) Order 2007 (various provisions)

The Planning etc. (Scotland Act 2006 (commencement No.2 ) Order 2007

Planning etc. (Scotland) Act 2006 (Consequential Provisions) Order 2007/176 - Executive Note (various provisions including some on national planning framework and on removal of notice of intention to develop legislation for development by planning authorities]

The Planning etc. (Scotland Act 2006 (commencement No.3) Order 2008

The Planning etc. (Scotland Act 2006 (commencement No.4 ) Order 2008

The Planning etc. (Scotland Act 2006 (commencement No.6 ) Order 2009

Planning etc. (Scotland) Act 2006 (Development Planning) (Saving Provisions) Order 2008/165 - Executive Note

Planning etc. (Scotland) Act 2006 (Development Planning) (Saving, Transitional and Consequential Provisions) Order 2008/427 - Executive Note

Planning etc. (Scotland) Act 2006 (Development Planning) (Saving, Transitional and Consequential Provisions) Amendment Order 2009/18 - Executive Note (Mainly development planning provisions)

The Planning etc. (Scotland Act 2006 (commencement No.5 ) Order 2008 (Commencement for the enabling of orders and regulations to be made)

The Planning etc. (Scotland Act 2006 (commencement No.7 ) Order 2009

Planning etc. (Scotland) Act 2006 (Saving and Transitional Provisions) Order 2009/101 - Executive Note (Various including hierarchy, pre-application consultation, local developments and schemes of delegation)

The Planning etc. (Scotland Act 2006 (commencement No.8 ) Order 2009 (powers to make regulations on fees and charges)

The Planning etc. (Scotland Act 2006 (commencement No.9 ) Order 2009

The Planning etc. (Scotland) Act 2006 (Commencement Order No. 10) Order 2010

The Planning etc. (Scotland) Act 2006 (Commencement Order No. 11) Order 2010

The Planning etc. (Scotland) Act 2006 (Consequential Amendments) Order 2009 - Executive Note

The Planning etc. (Scotland) Act 2006 (Development management and Appeals) (Saving, Transitional and Consequential Provisions) Order 2009 - Executive Note

The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2009 - Executive Note

The Town and Country Planning (Miscellaneous Amendments) (Scotland) (No.2) Regulations 2009

Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2011

(Various - the majority of the remaining development management provisions on application procedures, appeals, local reviews and enforcement).

Other Legislation