National Scenic Areas (NSAs) are areas which are nationally important for their scenic quality. There are 40 NSAs mainly in the more remote and mountainous areas of Scotland all of which were originally identified in 1978 by the Countryside Commission for Scotland (CCS) in its publication 'Scotland's Scenic Heritage'. They represent the best areas of the type of scenic beauty popularly associated with Scotland and for which it is renowned. No new areas have been identified since 1978.
NSAs have been recognised within the planning system since 1980 via a number of planning circulars and directions and are primarily regulated through planning controls. The main planning legislation is the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc (Scotland) Act 2006. In association with related primary and secondary legislation this governs the day-to-day operation of the system.
The Scottish Ministers have issued directions to local authorities under provisions in section 263A of the Town and Country Planning (Scotland) Act 1997 (inserted by section 50 of the Planning etc. (Scotland) Act 2006 ) to designate the current suite of 40 National Scenic Areas ("NSA"). Provisions at section 263A enable the Scottish Minis ters to designate by direction an area of outstanding scenic value in a national context if the special protection measures specified are required. As all 40 current NSAs comply with the requirements set out in section 263A (4) to be taken account of in deciding whether to designate, and that the special protection measures specified at section 263A (2) are also required for all 40 areas, the Scottish Ministers have issued designation direction for all 40 NSAs bringing them under the provisions of the Town and Country Planning (Scotland) Act 1997. NSA boundaries remain unchanged from those previously identifed in the 1978 Countryside Commission for Scotland Report Scotland's Scenic Heritage and more detailed 1:50,000 maps prepared in 1979 and provided to local authorities. Scottish Natural Heritage ("SNH") have been consulted on the directions.
Section 263A(2) of the Town and Country Planning (Scotland) Act 1997 (as introduced by the 2006 Planning Act) requires planning authorities to pay special attention to the desirability of safeguarding or enhancing the character or appearance of an NSA when exercising any powers under that Act in relation to any land within that NSA. Scottish Planning Policy may assist authorities in complying with section 263A(2) and ensuring that development plans and planning decisions which affect NSAs are consistent with this requirement. SNH's work on identifying the "special qualities" of NSAs may also be of assistance to local authorities in this respect.