306 Lewis Macdonald

After section 14, insert—

<Determination of applications: cultural venues, facilities and uses

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

(2) After section 37 (determination of applications: general considerations), insert—

“37A Determination of applications: cultural venues, facilities and uses

(1) Without prejudice to the generality of section 37, where an application is made

to a planning authority for planning permission, a planning authority may not

grant planning permission if, in their opinion—

(a) the development that is the subject of the application would be likely to

require unreasonable adjustments to the operation of existing cultural

venues, facilities or uses in the vicinity of the development, or

(b) the application does not include sufficient measures to mitigate,

minimise or manage the effect of noise between the development and

any existing cultural venues, facilities or uses, or dwellings or businesses

in the vicinity of the development.

(2) For the purposes of subsection (1), where the development that is the subject of

the application—

(a) comprises or includes residential development, and

(b) the land to which the development relates or any part of it is within a

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

zone,

the planning authority are to presume, unless proven otherwise, that the

development would require unreasonable adjustments on the operation of

existing cultural venues, facilities and uses within that zone.

(3) It is for the person who made the application for planning permission in respect

of the development, to prove the presumption in subsection (2) otherwise.

(4) Where a development is proposed within a culturally significant zone or within

100 metres of the boundary of that zone, a planning authority may specify

different conditions, limitations or exceptions, including any features or

acoustic design measures, in order to mitigate, minimise or manage the effects

of noise as may appear to them necessary in order to ensure that there are no

unreasonable adjustments for existing cultural venues, facilities or uses within

the zone arising from the development.

(5) In this section—

(a) “culturally significant zone” means a zone designated under section 56A,

(b) references in this section to “cultural venues and facilitie”include in

particular venues and facilities used for the performance of live

music”.>