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
(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
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