Parliament Workbench
Data: Motions & questions to 19 Nov 2026

Written Question · S2W-07045 · Session 2

Whether section 75 of the Town and Country Planning (Scotland) Act 1997 is compatible with the European Convention on Human Rights.

Answered Asked by Linda Fabiani SNP Lodged 18 Mar 2004

The question

To ask the Scottish Executive whether section 75 of the Town and Country Planning (Scotland) Act 1997 is compatible with the European Convention on Human Rights.

The answer

Answered by Mary Mulligan on 29 Mar 2004 · 11 days after it was lodged, on time

Scottish Planning Policy 1:The Planning System sets out the role of the European Convention on HumanRights within the planning system. The Executive undertook a review of existingplanning legislation from the perspective of the European Convention on HumanRights in 1999. We concluded that the current planning system with its inbuiltchecks and safeguards is compatible with the Convention. The Scottish Executive issued guidance on the Human Rights Act 1998 and ECHR to all publicauthorities, including planning authorities in January 2000. However, we keepunder review the need to amend existing law and procedures (whether in theplanning field or elsewhere) to comply with the Convention.

In the Official Report

No contribution in the Official Report cites S2W-07045 by reference.