305 Lewis Macdonald
After section 11, insert—
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
“(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(a) the word “or” at the end of paragraph (c) is repealed,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
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
(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
(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
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.”>