Planning (Scotland) Bill Amendment #322Published: 14th November 2018
John Muir Trust explanatory note on specific Amendments to The Planning (Scotland) Bill as presented to Parliament 5 December 2017
UPDATE 14/11/18:- the amendment was discussed by the Local Government & Communities Committee on 14/11/18 and voted against.
Amendment #322: Wild Land Areas:- Alex Cole-Hamilton MSP, Scottish Liberal Democrats, Edinburgh Western
Why this amendment matters This amendment would give Wild Land Areas a similar level of protection to that which already exists for National Scenic Areas - something that the Trust has been working for since petitioning the Scottish Parliament in 2011.
“#322 After section 26, insert — Wild land areas
Wild land areas
(1)The Town and Country Planning (Scotland) Act 1997 is amended as follows.
(2) After section 263A (National Scenic Areas), insert—
‘’263AB Wild land areas
(1) Where it appears to the Scottish Ministers that an area is a semi-natural landscape that shows minimal signs of human influence and—
(a) is sensitive to any form of intrusive human activity, or
(b) would have little or no capacity to accept new development,
and that the special protection measures specified in subsection (2) are appropriate for it, they may by direction designate the area as a wild land area.
(2) Where any area is for the time being designated as a wild land area, special attention is to be paid to safeguarding or enhancing its character or appearance in the exercise, with respect to any land in that area, of any powers under this Act.
(3) The Scottish Ministers may issue guidance to a planning authority for the purposes of this section and that authority must have regard to any guidance so issued.
(4) In deciding whether to designate an area as a wild land area, the Scottish Ministers are to take account of any wild land maps prepared and published by Scottish Natural Heritage.
(5) Any designation under subsection (1) may be varied or cancelled by a subsequent direction.
(6) Before issuing a direction under subsection (1) or (5), the Scottish Ministers are to consult with—
(a) Scottish Natural Heritage, and
(b) such other persons as are prescribed.
(7)The Scottish Ministers are to compile and make available for inspection free of charge a list containing particulars of any area which has been designated as a wild land area.
(8)For the purposes of subsection (7), a list may be made available by electronic means.
(9)The Scottish Ministers may by regulations make provisions as to—
(a) the form of any direction under subsection (1) or (5),
(b) the manner in which a wild land area is to be described in such a direction,
(c) the publicity to be given to any such direction, and
(d) other procedural matters in connection with the making of such a direction.
(10) Regulations under this section may make different provision for different purposes.’ “