Guidance

Long-Term Plan for Towns: toolkit for Town Boards in Scotland

Published 5 February 2024

Applies to Scotland

The Long-Term Plan for Towns is designed to help local areas make the most of all powers and tools at their disposal. As part of designing an investment plan, we expect all Town Boards, supported by the local authority, to demonstrate how they are using powers, where they apply. 

This toolkit of powers is a comprehensive but non-exhaustive list of levers available to Towns Boards in Scotland under the three themes of the Long Term Plan for Towns. The Scottish Government and Scotland’s Towns Partnership have published a number of other materials that Scottish Town Boards may find helpful when developing their Long Term Plan. Links to this material are at the bottom of this document, including information of the Town Centre Action Plan and the Town Centre First Principle.

Safety and security powers available

Powers in the Anti-social Behaviour (Scotland) 2004

This is a summary of the powers introduced through the Anti-social Behaviour (Scotland) Act.

1. Antisocial Behaviour Strategies can be developed by local authorities working together with the police and other agencies to create a localised plan. These provide the basis for promoting co-ordinated action to prevent and tackle antisocial behaviour (ASB) in local communities. Shifting the dial from antisocial legislative penalties towards an emphasis on preventative action is a vital part of the Scottish Governments drive to keeping communities safe.

The strategy can set out: 

• antisocial behaviour problems in the council area
• the services already available for preventing and tackling ASB
• the new services that the council and other agencies will need to put in place to fill any gaps in services
• how the council and the police will co-ordinate their work and exchange information

The Scottish Government’s guide to Antisocial Behaviour Strategies can be found here

2. Dispersal Orders are utilised to ensure that everyone has the right to feel safe in their community. It is unacceptable for people to be afraid to leave their homes, to use public spaces, or go about their day-to-day business, because they feel intimidated by groups of people hanging about. The police have powers to deal with people who are involved in antisocial behaviour in trouble spots to help bring relief to local communities.

Dispersal Orders can be used by the police to designate areas, in consultation with the local authority, where there has been significant, continuous and serious antisocial behaviour, and the presence or behaviour of groups is contributing to problems.  

In the designated area, the police will have the power to disperse groups of two or more people or individuals within groups where their presence or behaviour is causing, or is likely to cause, distress to the public.  

3. Antisocial behaviour orders (ASBOs) are preventative orders to protect victims of antisocial behaviour and the wider community from further acts of antisocial behaviour - that is, behaviour that causes or is likely to cause alarm or distress. It can use used as a tool to stop individuals engaging in anti-social behaviour, such as:

• drunken or threatening behaviour
• vandalism and graffiti
• playing loud music at night
• driving in an inconsiderate or careless way – such as drivers
• congregating in an area for racing

4. Closure Notices can be used by the police to issue a closure notice on premises, which prohibits anyone going into the premises who does not live there or is not the owner. This is recognition that in communities there are sometimes premises which are a constant focus for antisocial behaviour.    

Procedures in place to issue a closure notice include consulting the local authority and taking reasonable steps to identify persons with responsibility for the premises.

Once a close notice is served, the court has 2 days to consider the application from the police, which could result in a closure order on the premises. If a closure order is granted, the premises can be closed for up to three months, with a possible extension of up to 6 months.   

5. Noise nuisance powers can be used by local authorities to tackle noise controls within towns. Continuous noise nuisance from a few people can create misery for the rest of the people living in the area. Local authorities have powers to deal with noise nuisance quickly. They can apply noise controls to specific areas and at specific times. If necessary, the authority can apply the conditions 24 hours a day, seven days a week.
Part 5 contains provisions in relation to anti-social noise and gives local authority’s additional powers to deal with anti-social noise when it is occurring, and also tackles the problems of night noise in dwellings.

6. The act allows police to deal with people who cause alarm, distress or annoyance to members of the public through the antisocial use of vehicles on or off public roads.

7. Restriction of Liberty Orders require an offender to be restricted to a specified place for a maximum period of 12 hours per day up to a maximum of 12 months and/or from a specified place or places for 24 hours per day up to 12 months.

8. Fixed penalty notices, or fines, can be used by the police where antisocial behaviour has taken place for statutory offences.

9. Local authorities have the power to take action against landlords that are failing to manage their properties against antisocial behaviour. 

Landlords must take reasonable steps to manage or stop antisocial behaviour in relation to the properties they let. A landlord who does not act when there is antisocial behaviour at a house which he or she lets is failing the wider community.

10. In addition to the ASB (Scotland) Act 2004, the Scottish Government and Convention of Scottish Local Authorities produced a guidance framework which takes a holistic preventative and proactive approach to addressing ASB, representing a shared vision for how antisocial behaviour should be tackled.

The report can be found here: Promoting Positive Outcomes: Working Together to Prevent Antisocial Behaviour in Scotland

11. In addition to the support provided from local authorities, there are a number of other key partners that are available to guide Town Boards in tackling ASB, including:

• Local police
• Community Safety Partnerships
• Family Support Partnerships
• Community Planning Partnerships
• Youth/ education/ community services
• Business improvement districts

Powers in the Licensing (Scotland) Act 2005

12. The Licensing (Scotland) Act 2005 regulates the sale and supply of alcohol. A key component of the licensing system set out in the 2005 Act is that it provides local flexibility to deal with local circumstances. However, to ensure consistency of approach, it is important that this local flexibility is balanced with a clear, effective and national framework within which Licensing Boards are required to operate.

The 2005 Act sets out five high level “licensing objectives” that represent the values on which the Scottish alcohol licensing system is based, the parameters against which elements of the system should be measured and the solid foundation which Licensing Boards must have regard to in carrying out their functions under the 2005 Act. The licensing objectives are the engine that drives the 2005 Act. They are a key feature of Licensing Board policy statements, the basis for refusal of a premises or occasional licence, the attachment of conditions, sanctions on a personal licence holder or a competent ground for review of a premises licence.  The five licensing objectives are listed below:

• Preventing crime and disorder
• Securing public safety
• Preventing public nuisance
• Protecting and improving public health
• Protecting children and young persons from harm

In addition, the 2005 Act created Local Licensing Forums (“Forums”) and have a crucial role at the heart of the licensing system. When operating effectively, Forums can provide Licensing Boards with helpful and community-based feedback which will enhance the local Licensing Board’s awareness of both the beneficial and detrimental impact of their policies on the local community and on local trade.

The Fireworks (Scotland) Miscellaneous Amendments Regulations 2021

13. This policy sets out restrictions on the use of fireworks. More information on the use of fireworks can be found here: The Fireworks (Scotland) Miscellaneous Amendments Regulations 2021: information on the use of fireworks (www.gov.scot)

Further powers for tackling nuisance noise

14. The Control of Pollution Act 1974 introduced new ways of managing other noise nuisances, including loudspeakers.

15. The Housing (Scotland) Act 2001 sets out legislation on how to tackle nuisance noise and antisocial behaviour in social housing.

16. The Environmental Protection Act 1990 empowers local authorities to deal with noise nuisance. Noise counts as a statutory nuisance (covered by Part III of the Environmental Protection Act 1990) if it either:

• unreasonably and substantially interferes with the user or enjoyment of a home or other premises, or
• injures health or is likely to injure health

It does not apply to noise caused by the person exposed to the noise, noise from domestic activities, workplace noise or noise inside means of transport or due to military activities in military areas. Procedures for the control, in Scotland, of statutory nuisances caused by noise, are found under Sections 58 and 59 of the Control of Pollution Act 1974.  

17. The Public Health etc (Scotland) Act 2008 introduces new types of nuisance noise, including insects, light, and water, and gives local authorities powers to give fixed penalty notices in certain conditions.

18. The Crime and Disorder Act 1998 gives local authority’s powers to deal with nuisance and anti-social behaviour, this Act amended the Civic Government (Scotland) Act 1982, by giving the police a specific power of seizure in relation to noise making equipment.

19. Section 49(2) of the Civic Government (Scotland) Act 1982 is for Dangerous and Annoying Creatures. This is mainly used for barking dogs and allows citizens to take direct action via Sheriff Court.  Section 49(2) of the Civic Government (Scotland) Act 1982 allows a person who has reasonable cause for annoyance, as a result of a barking dog, to make an application to the court for an Order to be made requiring the owner of the creature to take action to prevent the annoyance from continuing.

High streets, heritage and regeneration powers available

Powers in the Planning Etc (Scotland) Act 2006

1. A Business Improvement District (BID) is an area in which local businesses have voted to invest together to improve their environment. In BIDs, eligible business rate payers are charged a levy on top of the business rates bill, to deliver projects and services to their collective benefit.

There is no limit on what projects or services can be provided through a BID, but it must be additional to services provided by local authorities. Improvements may include extra safety and security, cleaning and environmental measures. There are reported to be over 300 BIDS operating across the UK, including 35 currently in operation in Scotland. Scotland’s Improvement Districts (SIDs) provide advice, support and the governance structure for BIDs in Scotland, encouraging them to play to their strengths to drive inclusive local economic growth. Find more information on SIDs 

Case study: Falkirk and Oban BIDs

Falkirk

A BID with 660 businesses and generating a levy of £175,000. Their drive is to make Falkirk town centre a better place to visit, shop, work and invest. Their work is in the delivery of new and additional projects, events and services to drive footfall and improve the trading environment for businesses. Find more information on Falkirk’s BID

Oban

The town’s Business Improvement District, BID4Oban, is at the forefront of championing local life and encouraging residents and visitors to support local enterprises and events.

Since its inception in 2012, it has been behind a range of activities and initiatives, ranging from supporting shopfront improvements and floral displays to supporting events, festivals and marketing the area.

The BID has also been at the forefront of the Love Oban campaign and its highly successful gift voucher scheme, providing another way in which people can show their support for shops, cafes and other attractions in the community. Find more information on Oban’s BID.

Powers in the Planning (Listed Buildings and Conservations Areas) (Scotland) Act 1997

2. Local planning authorities can create Conservation Area Management Proposals to designate areas of special architectural or historic interest, where their character or appearance is desirable to preserve or enhance, as ‘conservation areas’. Historic Environment Scotland, in consultation with the local planning authority, may also designate a conservation area within the local planning authority’s district.

Find a guide to Conservation Areas on the Scottish Government’s website.

3. Listed buildings enrich Scotland’s landscape and chart a great part of the country’s history. Many buildings are of interest, architecturally or historically. But to be listed, a building must be of ‘special’ architectural or historic interest.

Listed buildings have characteristics that:  

• help to create Scotland’s distinctive character
• are a highly visible and accessible part of our rich heritage
• express Scotland’s social and economic past
• span a wide range of uses and periods
• contribute significantly to our sense of place

4. Building preservation notices, under Section 3 of Act can be served on owners, lessees and occupiers of an unlisted building which the local authority consider is of special architectural or historic interest and is in danger of demolition or alteration which would affect its character.

The building is granted the same protection as if it were listed for a period of six months whilst it is assessed for inclusion in the list by Historic Environment Scotland.

5. Listed Building Repairs Notice: If a listed building falls into disrepair, the local authority can, under Section 43 of the Act, serve a notice on the owner that specifies the works it considers necessary for the proper preservation of the building.

If after a period of not less than two months, it appears reasonable steps are not being taken for its proper preservation, the local authority can begin compulsory purchase proceedings if authorised by Scottish Ministers.

6. Urgent Works Notice: If a listed building falls into disrepair, the local authority can, under Section 43 of the Act, serve a notice on the owner that specifies the works it considers necessary for the proper preservation of the building. 

If after a period of not less than two months, it appears reasonable steps are not being taken for its proper preservation, the local authority can begin compulsory purchase proceedings if authorised by Scottish ministers.

Powers in the Town and Country Planning (General Permitted Development) (Scotland) Order 1992

7. Permitted development rights (PDR) remove the need to apply for planning permission for certain developments, as set out in the Town and Country Planning (General Permitted Development) (Scotland) Order 1992. In doing so, PDR can provide certainty to developers and save the time and expense associated with applying for planning permission. They can also reduce burdens on planning authorities, allowing them to focus resources on more complex and/or strategic cases.  

Since 2020, the Scottish Government has been taking forward new and extended PDR through a phased review programme, with each phase of the review focussing on particular development types. Through Phase 2, Scottish Government introduced measures to support the regeneration and recovery of Scotland’s centres by providing greater flexibility to change the use of certain buildings and place furniture outside hospitality premises.  

Read more about Scottish Government’s review of PDRs

Powers in the Planning (Scotland) Act 2019 and amendments from the Town and Country Planning (Scotland) Act 1997

8. Local Place Plans are community-led plans setting out proposals for the development and use of land. LPPs aim to improve people’s engagement and involvement in the planning system. They are a way for communities to achieve change in their local area by proactively feeding into development planning. They also enable local communities to think about how to make their place better, agree priorities, and take action (often working with others) to make change happen.

In preparing LPPs, community bodies must have regard to the NPF4, any LDP which covers the same area, and also any other locality plan which covers the same area. Further reading on LPPs available here

9. Development plans set out how places will change in the future, including where development should and shouldn’t happen. For any given area of Scotland, there is a statutory development plan in place, which includes, as prescribed by the Town and Country Planning (Scotland) Act 1997:

• The National Planning Framework (NPF4), which is the Scottish Government’s spatial strategy for Scotland. It sets out spatial principles, regional priorities, national developments and national planning policy.
• A local development plan (LDP) prepared by the local authority. LDPs should consider the ambitions and outcomes for an area, looking 20 years ahead. LDPs should focus on showing the spatial implications of national policy for different places. They can include local polices that reflect local issues and context, where the planning authority considers this is required.

For further information, see the Scottish Government’s local development planning guidance.

10. Broad Compulsory Purchase Powers are available to local authorities, including under housing, planning, roads and local government legislation. These can be used for a range of purposes. These can be found under section 189 of the Town and Country Planning (Scotland) Act 1997 and sections 9 and10 of the Housing (Scotland) Act 1987.

Compulsory purchase powers can be used to support delivery of a wide range of projects – both large and small – from comprehensive regeneration projects through to the refurbishment of individual vacant or derelict properties.    
Advice on CPOs can be found on the Scottish Government’s website: Compulsory purchase orders: introduction (www.gov.scot)

Case study: Compulsory Purchase, Glasgow

Glasgow City Council uses CPOs to tackle problems of long-term vacant properties, increasing affordable housing supply and ensuring the upkeep of pre-1919 tenements. CPOs have been used as a “last resort”, with 55 homes across Glasgow pursued for compulsory purchases since 2019. Some of the properties targeted have been lying empty for more than 14 years while other properties have been designated as being Below Tolerable Standard.

Powers in the Community Empowerment (Scotland) Act 2015

11. Asset transfer: Part 5 of the Community Empowerment (Scotland) Act 2015 introduces a right for community bodies to make requests to all local authorities, Scottish Ministers and a range of public bodies for any land or buildings they feel they could make better use of. They can request ownership, lease or other rights as they considered appropriate.

Read the Scottish Government’s summary guide on Asset Transfer.  

Case study: Cullen Community Centre, Cullen, Moray

When Cullen Community Centre was deemed at risk of being lost to the community, Committee members from a local charity arranged a public meeting. Together they came up with a list of cross-generational requirements for how the asset could be used. Working closely with Moray Council, Cullen Community Centre was transferred to the ownership of the community, and today provides vital services for residents.

The Community Asset Transfer of Cullen Community and Residential Centre from Moray Council saved a vital building for the community and allowed the Association to retain vital services and deliver a range of new activities. Through the commitment of volunteers, the community has transformed the Centre, putting it to good use in all sorts of ways, from children’s football to art classes.

Powers in the Waste Management Licensing (Scotland) Regulations Act 2011

12. Section 6 of Waste Management Licensing (Scotland) Regulations 2011 sets out relevant objectives in ensuring correct processing and disposal of waste. This includes ensuring that waste is managed without endangering human health and without using processes or methods which could harm the environment and cause nuisance through noise or odours.

Powers in the Environmental Protection Act 1990

13. Environmental orders can be used to issue Fixed Penalty Notices for littering, fly-tipping, and graffiti. 

If streets are covered in litter, and public areas are covered in graffiti, this can contribute to an environment where crime takes hold, and people feel unsafe. There are measures for even greater use of fixed penalty notices, both for littering and fly-tipping, with the likelihood of being caught and fined a real deterrent to this type of behaviour. The Scottish Government has increased the fixed penalty for fly-tipping from £200 to £500 from 1 January 2024.

Powers in the Criminal Justice and Licensing (Scotland) Act 2010

14. Pubs and clubs events: Gives local licensing authorities the ability to licence free-to-enter events should they choose to. This could be used by local authorities to enhance the feeling of community within our towns.  

More information of the National Events Strategy can be found here:

• Supporting events in Scotland
• Public entertainment licence (Scotland)

Transport and connectivity powers available

Powers in the Transport (Scotland) Act 2019 and 2001

1. Section 34 of the 2019 Act gives local transport authorities power to run local bus services either in house or via an arms-length company within the wider context of their obligations, which they were previously prohibited from doing under the Transport Act 1985. This power sits alongside their ability to subsidise services.

2. The Bus Services Improvement Partnership and the Local Services Franchises powers under sections 35 and 38 of the 2019 Act enables local transport authorities to begin developing their preferred options for improving local bus services.  These powers, which local transport authorities are encouraged to consider carefully, could include new bus routes that address connectivity issues within the town, boosting footfall and reducing car numbers.

3. Local authorities can prohibit parking on pavements (footways and footpaths) and “double” parking. Pavement parking can be a blight on towns, with cars taking up space designed for people. Town boards could consider how a ban on pavement parking could improve towns.

Powers in the Roads (Scotland) act 1984

4. Street design and road improvements: local authorities have power to reconstruct, alter, widen, improve or renew any such road or pavement or to determine the means by which the public right of passage over it, or over any part of it, may be exercised. This could include looking at road layout, and how street design can improve connectivity in the town using active travel.

5. Power to control occupations of the footway: road authorities have powers to control the deposit of articles on carriageways, footways and footpaths by private building works, including excavations, spoil, signage, by other objects (e.g. pavement cafes, commercial signs/A frames skips and scaffolding). This includes a power to operate a permit scheme for occupation, a power to remove/infill unauthorised works, uplift unauthorised signage etc, and to issue fixed penalty notices to offenders. The Scottish Road Works Commissioner regulates aspects of this power and reports directly to the Scottish Government Minister for Transport. The control of works by statutory utilities falls under separate legislation.

Powers in the Local Authorities’ Traffic Order (Procedure)(Scotland) Regulations 1999

6. Roads Authorities have the ability to control the ‘rules’ for the carriageways and footways under their control. Under this legislation authorities can determine the speed limit, weight and width limits, the rules around loading and parking, stopping and the kinds of traffic permissible in both permanent and temporary (road works) situations. 
Similar legislation allows authorities to designate bus lanes and permanent cycleways.

Powers in the New Roads and Street Works Act 1991

7. Roads Authorities have a duty to coordinate their own road works, private building works (e.g. works to buildings which also have planning considerations) and the works of statutory utilities (e.g. Scottish Water, BT Openreach, Scottish Power etc).

NRSWA 1991 outlines a range of powers available to roads authorities to meet this duty, including fines, direction powers, inspection powers and the ability to designate specific carriageways and footways as having special construction (e.g. speed tables, upgraded granite surfaces, segregated cycle lanes etc) which compels a like for like replacement when disturbed.

This power is regulated independently by the Scottish Road Works Commissioner.

Other relevant material – Scottish Government and Scottish Towns Partnership material on developing and regenerating towns

Town centre action plan

The Scottish Government published the plan to help to stimulate a wide range of activity across public and private sectors to revitalise town centres. Find more information here: Supporting documents - Town centre action plan review: joint Scottish Government and COSLA response (www.gov.scot) 

Town Centre First Principle

The Scottish Governments Town Centre First Principle asks that government, local authorities, the wider public sector, businesses and communities put the health of town centres at the heart of decision making. It seeks to deliver the best local outcomes, align policies and target available resources to prioritise town centre sites, encouraging vibrancy, equality and diversity.  More information can be found here: Town centre regeneration - Regeneration (www.gov.scot)

Scotland Town Partnership (STP) toolkits

General information on STP’s toolkits: Town Toolkit  
Further information on the toolkits produced by STP are available here:

• Arts 
• Buildings and property
• Clean and green 
• Business and enterprise
• Streets and spaces   
• Cutting car use