Local Government and Communities Committee

Meeting date: Wednesday, March 17, 2021

Official Report 450KB pdf

Subordinate Legislation

Town and Country Planning (Pre-Application Consultation) (Scotland) Amendment Regulations 2021 (2021/99)

Town and Country Planning (Emergency Period and Extended Period) (Coronavirus) (Scotland) Regulations 2021 (2021/100)

Town and Country Planning (Emergency Period and Extended Period) (Coronavirus) (Scotland) Amendment Regulations 2021 (2021/142)

Agenda item 2 is consideration of negative instruments 2021/99, 2021/100 and 2021/142, as listed on the agenda. I refer members to paper 1 and the recently issued addendum, which contain further detail. The instruments are laid under the negative procedure, which means that their provisions will come into force unless Parliament agrees to a motion to annul them. No motions to annul have been lodged.

The Delegated Powers and Law Reform Committee considered instrument 2021/99 on 9 March and determined that it did not need to draw the attention of Parliament to the instrument on any grounds within its remit.

The Delegated Powers and Law Reform Committee considered instrument 2021/100 on 9 March and agreed to draw it to the attention of Parliament under the general reporting ground in respect of drafting errors.

The Scottish Government committed to bringing forward an amending instrument to correct the errors before the instrument comes into force on 30 March. The amending instrument, 2021/142, which was laid on Monday, aims to correct those drafting errors. However, the instrument will breach the 28-day laying requirement, because the regulations will come into force on 29 March, which is one day before the first set of regulations come into force on 30 March. Consideration of instrument 2021/142 is subject to any recommendation of the Delegated Powers and Law Reform Committee.

Does anyone have any comments on the instruments?

My only comment is about the fact that, as I understand it, the extended period is being extended until next year. The Scottish Government should regularly monitor whether there is any opportunity for the pre-application consultation process to be reinstated earlier. I understand that we have the pandemic, and it has been good to read about the responses from community and business organisations, but my concern is about for how long the pre-application requirements are going to be changed.

Your comments are on the record.

As there are no other comments, I invite the committee to agree that it does not wish to make any recommendations in relation to instrument 2021/99. Does anyone object?

No one objects, so that is agreed.

Subject to recommendations by the Delegated Powers and Law Reform Committee, I invite the committee to agree that it does not wish to make any recommendations in relation to instruments 2021/100 and 2021/142. Does anyone object?

No one objects, so that is agreed.