It's been a busy year. What were the key changes in law and policy in Scotland?

Unsurprisingly, the main themes were the bedding in of NPF4 and further implementation of the Planning (Scotland) Act 2019.

NPF4

The first decisions from the Court of Session on interpretation of NPF4 were eagerly awaited, but turned out to be something of a non-event.

Miller Homes – the Court rejected the contention that the operation of policy 16(f) is postponed until new style LDPs are in place. The implications are discussed in Elaine's blog.

Tesco – the Court re-affirmed the principle that policies should not be given "overly complex construction".

Wildcat Haven – the Court rejected the argument that the mitigation hierarchy was changed by NPF4, partly because no intention to make a considerable change had been heralded in any discussion or consultation leading up to the introduction of NPF4. That court decision has been upheld on appeal

Guidance on local living and 20 minute neighbourhoods was issued in April.

Implementation of Planning (Scotland) Act 2019

The 2019 Act received Royal Assent on 25 July 2019. However, its provisions are still being brought into force.

(There are some parts of the Planning etc (Scotland) Act 2006 which have never been commenced – anyone remember sections 29 (correction of errors) and 30 (assessment of planning authority's performance)?)

In 2024 the following changes were brought into force:

  • 1 April – the requirement for each planning authority to have a Chief Planning Officer
  • 5 December – powers to create masterplan consent areas

A discussion paper on the infrastructure levy was issued in June. As part of the Planning and Housing Emergency Delivery Plan in November, work on the levy has stopped, with a refocus on improving guidance on section 75 planning obligations.

Other key changes

The Scottish Government has been carrying out a phased review of permitted development rights. The latest changes came into force on 25 May - see circulars 1/2024 and  2/2024 - changes re renewables equipment and window replacement/ alteration.


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Neil Collar

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