Planning (Scotland) Bill Amendments #165

Published: 26th September 2018

John Muir Trust explanatory note on specific Amendments to The Planning (Scotland) Bill as presented to Parliament 5 December 2017

UPDATE 01/11/18:- the amendment was discussed by the Local Government & Communities Committee on 31/10/18 and voted against, by 5 to 2. Official report of proceedings available on the Scottish Parliament's website

Amendment #165: Development orders: private ways:- Andy Wightman MSP, Scottish Green Party, Lothian

Why this amendment matters This amendment would strengthen control over and increase opportunities for public scrutiny of proposed vehicle tracks which can damage wild land and sensitive landscapes and habitats. Currently, no planning permission is required if tracks are claimed to be for agricultural purposes. The amendment would require tracks on land which is used for shooting or other field sports to be subject to a requirement for full planning permission. It would also introduce a requirement for a full planning application for agricultural and forestry tracks in National Parks, designated sites for nature and battlefields (National Scenic Areas already require a full planning application).

#165 After section 16, insert —

Development orders: private ways

Development orders: private ways

(1) The Town and Country Planning (Scotland) Act 1997 is amended as follows.

(2) After section 30 insert—

   ‘30A Development orders: private ways

(1) A development order under section 30 may not grant planning permission for development which consists of the formation or alteration of a private way on land which is—

(a) used for shooting or other field sports,

(b) in—

(i) a national park,

(ii) a designation under the Nature Conservation (Scotland) Act 2004,

(iii) a battlefield included in the inventory of battlefields compiled and maintained under section 32B of the Ancient Monuments and Archaeological Areas Act 1979,

(iv) a national scenic area.’”

Read the Planning (Scotland) Bill and related documents here

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