Amendment 305

305 Lewis Macdonald

After section 11, insert—

<PART

CULTURALLY SIGNIFICANT ZONES

Culturally significant zones

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

(2) In section 16 (preparation and monitoring of local development plans), after subsection

(2)(a), insert—

“(aa) are to take into account any culturally significant zones (within the

meaning of section 56A) for the part of their district to which the local

development plan relates”,

(3) In section 29 (granting of planning permission: general), in subsection (1)—

(a) the word “or” at the end of paragraph (c) is repealed,

(b) after paragraph (d), insert “or

(e) in accordance with any conditions, limitations or exceptions of any

culturally significant zone designated in accordance with section 56A”.

(4) After section 56 (effect on planning permission of modification or termination of

scheme), insert—

Culturally significant zones

56A Designation of culturally significant zones

(1) Each planning authority must—

(a) from time to time determine which parts of their district are culturally

significant zones, and

(b) designate such parts as culturally significant zones.

(2) A culturally significant zone is an area in which it is desirable to—

(a) identify, preserve or enhance existing cultural venues, facilities and uses,

(b) identify and support the development of new cultural venues, facilities

and uses, and

(c) ensure no unreasonable adjustments be required for the operation of

existing cultural venues or facilities in relation to new development

(within the meaning of section 26(1)) within or adjacent to the zone.

(3) A culturally significant zone may consist of—

(a) one or more buildings;

(b) a designated area, or

(c) any combination of (a) and (b).

(4) A planning authority must designate a culturally significant zone within its

district if requested so to do in accordance with subsection (5).

(5) A request is valid, for the purpose of subsection (4), if the requirements

prescribed in regulations made by the Scottish Ministers under this subsection

have been met in relation to the request.

(6) Regulations under subsection (5) may, in particular, include requirements as

to–

(a) how a request is to be made, and

(b) steps that must be taken before a request may be made.

(7) The Scottish Ministers may by regulations make further provision on

(a) how planning authorities are to discharge their functions,

(b) the meaning of “culturally significant zone”,

for the purposes of this section.

(8) References in this section to cultural venues and facilities include in particular

venues and facilities used for the performance of live music.

 

56B Designation of culturally significant zones: supplementary provisions

(1) A planning authority must give notice to the Scottish Ministers of the

designation of any part of their district as a culturally significant zone under

section 56A, and of any variation or cancellation of any such designation.

(2) A notice under subsection (1) must contain sufficient information to identify

the area in question to the Scottish Ministers.

(3) Notice of any such designation, variation or cancellation, with particulars of its

effect, must be published in the Edinburgh Gazette and in at least one

newspaper circulating in the district of the planning authority.

(4) Each planning authority must compile and keep available for public inspection

free of charge at reasonable hours and at a convenient place a list of any parts

of their district which have been designated as a culturally significant zone.

(5) A list compiled under subsection (4) must contain such particulars as the

Scottish Ministers may by regulations prescribe.

 

Culturally significant zones: general duties of planning authorities

56C Proposals for preservation and enhancement of culturally significant

zones

(1) Each planning authority are from time to time to formulate and publish

proposals for the preservation and enhancement of any parts of their district

which are culturally significant zones.

(2) In preparing proposals under this section, a planning authority are to—

(a) publish the proposals in such a manner as they consider sufficient to

ensure that the proposals are brought to the attention of residents of the

parts of their district to which the proposals relate,

(b) ensure that sufficient opportunities and means are made available to such

residents to allow them to make representations about the proposals.

(3) The planning authority must have regard to any representations received

regarding the proposals.

 

56D General duty as respects culturally significant zones in exercise of

planning functions

In the exercise, with respect to any buildings or other land in a culturally

significant zone, of any powers under this Act, a planning authority are to give

particular consideration to the desirability of preserving or enhancing the

purposes set out in section 56A(2).

 

56E Publicity for applications affecting culturally significant zones.

(1) This section applies where an application for planning permission for any

development of land is made to a planning authority and the land or any part of

it is within a culturally significant zone or within 100 metres of the boundary

of a zone.

(2) The planning authority must—

(a) publish in a local newspaper circulating in the locality in which the land

is situated, and

(b) for not less than 7 days display on or near the land,

a notice indicating the nature of the development in question and naming a

place within the locality where a copy of the application, and of all plans and

other documents submitted with it, will be open to inspection by the public at

all reasonable hours during the period of 21 days beginning with the date of

publication of the notice under paragraph (a).

(3) The application must not be determined by the planning authority before the

expiry of the later of—

(a) 21 days referred to in subsection (2), and

(b) 21 days beginning with the date on which the notice required by that

subsection to be displayed was first displayed.

(4) In determining any application for planning permission to which this section

applies, the planning authority must take into account any representations

relating to the application which are received by them before the periods

mentioned in subsection (3) have elapsed.”>