34 Notice by planning authority of certain applications made to them
(1) A planning authority are to give notice—
(a) to such persons or categories of person,
(b) in such manner,
(c) for such period, and
(d) on such number of occasions,
as may be prescribed in regulations or in a development order, of such applications mentioned in subsection (2) as are made to the authority.
(2) The applications are—
(a) for planning permission,
(b) for an approval required by a development order,
(c) for a consent, agreement or approval required by a condition imposed on a grant of planning permission, and
(d) for modification or discharge of a planning obligation under section 75A(2).
(2A) Where an application under subsection (2) is for a major development, a planning authority must give notice of the application to each—
(a) councillor of the local authority,
(b) member of the Scottish Parliament,
(c) member of the House of Commons,
representing the district to which the application relates.
(3) The regulations or development order may—
(a) make provision in relation to the applications generally or in relation to such of those applications as are of a class or classes prescribed in the regulations or order,
(b) make different provision for different classes so prescribed.
(4) No such application is to be determined until after—
(a) the expiry of a period which is to be so prescribed,
(b) any requirement imposed by virtue of this section has been satisfied, and
(c) any sum recoverable from the applicant in respect of costs incurred by the planning authority in giving notice under subsection (1) has been paid to the authority.
(5) For the purposes of this section an applicant is to provide—
(a) to such person or persons,
(b) such information with respect to the application,
as may be so prescribed.
(6) A planning authority are to provide the Scottish Ministers with such information relating to the exercise by the authority of functions under this section (whether in relation to applications generally or in relation to a particular application or class of application) as the Scottish Ministers may request from them.
35 Notice etc. of applications to owners and agricultural tenants.
(1) Regulations or a development order shall make provision—
(a) as to the notice of any application for planning permission to be given to any person (other than the applicant) who at the beginning of the period of 21 days ending with the date of the application was—
(i) the owner of, or
(ii) the tenant of any agricultural land any part of which was comprised in,
any of the land to which the application relates, and
(b) requiring any applicant for such permission to issue a certificate as to the interests in the land to which the application relates or the purpose for which it is used,
and provide for publicising such applications and for the form, content and service of such notices and certificates.
(2) The regulations or order may require an applicant for planning permission to certify, in such form as may be prescribed by the regulations or the order, or to provide evidence, that any requirements of the regulations or the order have been satisfied.
(3) Regulations or an order making any provision by virtue of this section may make different provision for different cases or different classes of development.
(4) A planning authority shall not entertain any application for planning permission unless any requirements imposed by virtue of this section have been satisfied.
(5) If any person—
(a) issues a certificate which purports to comply with any requirement imposed by virtue of this section and contains a statement which he knows to be false or misleading in a material particular, or
(b) recklessly issues a certificate which purports to comply with any such requirement and contains a statement which is false or misleading in a material particular,
he shall be guilty of an offence.
(6) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(7) In this section—
“agricultural land” means land comprised in a lease constituting a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11) or comprised in a lease constituting a short limited duration tenancy , a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy (within the meaning of that Act); and
“owner” in relation to any land means any person who—
under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking and includes any person entitled to possession of the land as lessee under a lease the unexpired period of which is not less than 7 years, or
in the case of such applications as may be prescribed by regulations or by a development order, is entitled to an interest in any mineral so prescribed,
and the reference to the interests in the land to which an application for planning permission relates includes any interest in any mineral in, on or under the land.
(8) Proceedings for an offence under this section may be brought at any time within the period of 2 years following the commission of the offence.
(1) Before submitting an application for planning permission for a development of a class prescribed under this section the prospective applicant is, subject to the following provisions of this section, to comply with section 35B.
(1A) Subsection (1) does not apply to an application for planning permission
(a) to which section 42 applies, or
(b) in circumstances specified by the Scottish Ministers in regulations under this section.
(2) The regulations in question may, in prescribing classes of development, make different provision for different cases or classes of case and for different areas.
(3) A prospective applicant for planning permission for a development may, by notice, require the planning authority to state whether or not, in their opinion, compliance with section 35B is required.
(4) But the regulations may, in prescribing a class of development, provide that subsections (3) and (5) to (9) are not to apply—
(a) as respects that class, or
(b) as respects that class in circumstances specified in the regulations.
(5) Any notice under subsection (3) is to be in such form, and have such content, as may be prescribed in the regulations but must in any event contain the information mentioned in paragraphs (a) to (d) of section 35B(4).
(6) A planning authority receiving such a notice may, if they do not consider that it contains sufficient information to enable them to provide the statement sought, request the prospective applicant to provide additional information specified by them.
(7) Where such a notice is given it is the duty of the planning authority to provide the requisite statement within the period of 21 days after it is given (or within such other period as may be substituted for that period by the regulations).
(8) The period of 21 days mentioned in subsection (7) (or any other period substituted for that period) does not include any period between a request for information being made under subsection (6) and that information being provided to the planning authority
(9) If the authority respond by stating that in their opinion compliance with section 35B is not required, then provided that the application for planning permission for the development in question is submitted within 12 months after the notice was given and does not differ materially from the information regarding it contained in the notice and mentioned in paragraphs (a) to (c) of section 35B(4) the prospective applicant need not comply with section 35B.
(10) In the case of an application for planning permission made to the Scottish Ministers, this section has effect as if any reference to the “ planning authority ” or “the authority” were a reference to the Scottish Ministers.
(1) The following subsections apply where compliance with this section is required by virtue of section 35A(1).
(2) The prospective applicant is to give notice (to be known as a “proposal of application notice”) to the planning authority that an application for planning permission for the development is to be submitted.
(3) A period of at least 12 weeks , but no more than 18 months, must elapse between giving the notice and submitting any such application.
(4) A proposal of application notice is to be in such form, and have such content, as may be prescribed but must in any event contain—
(a) a description in general terms of the development to be carried out,
(b) if the site at which the development is to be carried out has a postal address, that address,
(c) a plan showing the outline of the site at which the development is to be carried out and sufficient to identify that site, and
(d) details as to how the prospective applicant may be contacted and corresponded with.
(5) Regulations may—
(a) require that the proposal of application notice be given to persons specified in the regulations,
(b) specify—
(i) persons who are to be consulted as respects a proposed application, and
(ii) what form that consultation is to take.
(6) Different provision may be made under subsection (5) for different cases or classes of case and for different areas.
(7) The planning authority may, provided that they do so within the period of 21 days after receiving the proposal of application notice, notify the prospective applicant that they require (either or both)—
(a) that the proposal of application notice be given to persons additional to those specified under subsection (5) (specifying in the notification who those persons are),
(b) that consultation additional to any required by virtue of subsection (5)(b) be undertaken as regards the proposed development (specifying in the notification what form that consultation is to take).
(8) In considering whether to give notification under subsection (7) the planning authority are to have regard to the nature, extent and location of the proposed development and to the likely effects, at and in the vicinity of that location, of its being carried out.
(9) In the case of an application for planning permission made to the Scottish Ministers, this section has effect as if any reference to the “planning authority” were a reference to the Scottish Ministers.
(1) A person who, before submitting an application for planning permission for a development, is required to comply with section 35B and who proceeds to submit that application is to prepare a report (a “pre-application consultation report”) as to what has been done to effect such compliance.
(2) A pre-application consultation report is to be in such form and include such content as may be prescribed.
(1) Every planning authority shall keep, in such manner as may be prescribed by regulations or a development order, a register containing such information as may be so prescribed with respect to—
(a) applications for planning permission and for approval required by the regulations or order made to that authority,
(aa) any variation, by virtue of section 32A(1), to such an application,
(ab) documents to which regard was had in dealing with each such application (including documents to which regard was had in considering whether to agree to such a variation),
(ac) material considerations to which regard was had by virtue of section 37(2),
(ad) any pre-application consultation report prepared under section 35C(1) and submitted with such an application,
(b) the manner in which each such application has been dealt with and a copy of any notice given by virtue of paragraph (d) or (e) of section 43(1) in respect of an application (or, in the case of an application in respect of which notice does not fall to be so given, a statement of the reasons on which the authority based their decision on the application), ...
(ba) applications under section 242A(2) for planning permission in respect of development in the district of that authority,
(bb) the grant or refusal of planning permission by the Scottish Ministers under section 31A in respect of development in the district of that authority,
(c) simplified planning zone schemes relating to zones in the authority’s area, ...
(ca) masterplan consent area schemes relating to parts of the authority's area, and
(d) any planning obligation entered into under section 75
(2) The regulations or the order may make provision for the register to be kept in two or more parts, each part containing such information relating to applications mentioned in subsection (1)(a) as may be prescribed by the regulations or order.
(3) The regulations or the order may also make provision—
(a) for a specified part of the register to contain copies of applications and variations to applications and of any plans or drawings submitted with such applications and variations and copies of documents to which regard was had in dealing with such applications and in considering whether to agree to such variations, and
(b) for the entry relating to any application, and everything relating to it, to be removed from that part of the register when the application (including any appealor review arising out of it) has been finally disposed of (without prejudice to the inclusion of any different entry relating to it in another part of the register).
(4) Every register kept under this section shall be available for inspection by the public at all reasonable hours.
(1) Every planning authority are, in such manner as may be prescribed by regulations or a development order, to keep a list of—
(a) the applications mentioned in section 36(1)(a) which are made to them (including any variations, by virtue of section 32A(1), to those applications),
(b) the applications mentioned in section 36(1)(ba) which are made in respect of development in their district, and
(c) the proposal of application notices received by them under section 35B(2).
(2) Weekly, or at such intervals as may be so prescribed, the authority are—
(a) to revise the list by removing from it the entries relating to—
(i) such applications as have been determined, and
(ii) such proposal of application notices as have ceased to be current, and
(b) in such manner as may be so prescribed (or, if and in so far as the regulations or development order may admit, in such manner as the authority consider appropriate), to publish that revised list.
(3) The availability of the list is to be advertised by the authority in a local newspaper at such intervals as may be so prescribed.
(4) The regulations or development order may make provision as to how any costs incurred by the authority by virtue of this section are to be recovered from the applicants.
(5) In this section “publish”, without prejudice to that expression's generality, may include publish by electronic means (as for example by means of the internet).
(6) For the purposes of subsection (2)(a)(ii), a notice ceases to be current when—
(a) an application for planning permission is submitted for the development in question,
(b) the prospective applicant gives notice in writing under this paragraph to the planning authority that no application is to be submitted for the development in question, or
(c) 12 months have elapsed since the date on which the proposal of application notice was given.
37 Determination of applications: general considerations.
(1) Where an application is made to a planning authority for planning permission—
(a) subject to sections 27B(2) , 58 and 59, they may grant planning permission, either unconditionally or subject to such conditions as they think fit, or
(b) they may refuse planning permission.
(2) In dealing with such an application the authority shall have regard to the provisions of the development plan, so far as material to the application, and to any other material considerations.
(2A) The notice of the planning authority's decision on an application must include a statement as to whether the authority consider that the application is for a development that is in accordance with the development plan for the time being applicable to the area to which the application relates together with an explanation of why the authority have reached that view.
(3) Subsection (1) has effect subject to sections 34 and 35 and to the following provisions of this Act, and to sections 59(1), 60 and 65 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.
(4) The date of the grant or refusal of—
(a) planning permission,
(b) an approval required by a development order, or
(c) any consent, agreement or approval required by a condition imposed on the grant of planning permission,
shall be the date on which the notice of the planning authority’s decision bears to have been signed on behalf of the authority.
38 Consultations in connection with determination of applications.
(1) In determining any application mentioned in section 34(2), the planning authority shall take into account any representations relating to that application which are received by them before the expiry of any period prescribed under subsection (4)(a) of that section.
(2) Where an application for planning permission is accompanied by such a certificate as is mentioned in section 35(1)(b), regulations or a development order may—
(a) provide that a planning authority shall not determine an application for planning permission before the end of such period as may be prescribed;
(b) require a planning authority—
(i) to take into account in determining such an application such representations, made within such period, as may be prescribed, and
(ii) to give to any person whose representations have been taken into account such notice as may be prescribed of their decision.
(3) Regulations or a development order making any provision by virtue of this section may make different provision for different cases or different classes of development.
(4) Before a planning authority grant planning permission for the use of land as a caravan site they shall, unless they are also the authority with power to issue a site licence for that land, consult the local authority with that power.
(5) In this section “site licence” means a licence under Part 1 of the Caravan Sites and Control of Development Act 1960 authorising the use of land as a caravan site.
(1) Regulations or a development order may provide that, before determining an application for planning permission for a development of a class prescribed in the regulations or order, a planning authority are to give the applicant and any person so prescribed an opportunity of appearing before and being heard by a committee of the authority.
(2) The procedures in accordance with which any such hearing is arranged and conducted (including, without prejudice to the generality of this subsection, procedures for ensuring relevance and avoiding repetition) and any other procedures consequent upon the hearing are to be such as the authority consider appropriate.
(3) Any right of attendance at the hearing (other than for the purpose of appearing before and being heard by the committee) is to be such as the authority consider appropriate.
(4) In relation to an application other than is provided for in regulations or a development order under subsection (1), a planning authority may elect to give the applicant and any other person an opportunity such as is mentioned in that subsection; and if the authority do so elect, subsections (2) and (3) apply accordingly.
(1) A planning authority may decline to determine an application (in this subsection referred to as the “ current application ”) for planning permission for the development of any land—
(a) if—
(i) in the period of 5 years ending with the date on which the current application is received, the Scottish Ministers have refused a similar application referred to them under section 46 or have dismissed an appeal against the refusal of, or an appeal under section 47(2) in respect of, a similar application, and
(ii) in the opinion of the authority there has not, since the Scottish Ministers refused the similar application or dismissed the appeal, been any significant change in the development plan (so far as material to the current application) or in any other material consideration,
(b) if—
(i) in that period of 5 years the planning authority have refused more than one similar application,
(ii) there has been no appeal to the Scottish Ministers against either (or as the case may be any) of those refusals, and
(iii) in the opinion of the authority there has not, since the more (or as the case may be most) recent of the refusals, been any significant change in the development plan (so far as material to the current application) or in any other material consideration,
(c) if—
(i) in that period of 5 years the planning authority have refused more than one similar application,
(ii) there has been an appeal to the Scottish Ministers against either (or as the case may be any) of those refusals but as at the time the current application is received no such appeal has yet been determined, and
(iii) in the opinion of the authority there has not, since the more (or as the case may be most) recent of the refusals, been any significant change in the development plan (so far as material to the current application) or in any other material consideration,
(d) if—
(i) in that period of 5 years there have been appeals under section 47(2) in respect of more than one similar application but as at the time the current application is received no such appeal has yet been determined, and
(ii) in the opinion of the authority there has not, since the more (or as the case may be most) recent of the appeals was made, been any significant change in the development plan (so far as material to the current application) or in any other material consideration, or
(e) if—
(i) in that period of 5 years two similar applications have been made to the planning authority,
(ii) the planning authority have refused one of those applications and there has been an appeal under section 47(2) in respect of the other but as at the time the current application is received the appeal under that section has yet to be determined as has the appeal (if any) against the refusal, and
(iii) in the opinion of the authority there has not, since the refusal or since the appeal was made (whichever was the more recent), been any significant change in the development plan (so far as material to the current application) or in any other material consideration.
(1A) A planning authority or the Scottish Ministers must decline to determine an application for planning permission for the development of any land if, in their opinion—
(a) compliance with section 35B was required as respects the development, and
(b) there has not been such compliance.
(1B) But before deciding whether, under subsection (1A), an application must be declined the authority or as the case may be the Scottish Ministers may request the applicant to provide such additional information as they may specify.
(1C) Where, under subsection (1A), a planning authority or the Scottish Ministers decline to determine an application they are to advise the applicant of the reason for their being of the opinion mentioned in that subsection.
(1D) Subsection (1A) is subject to section 35A(9).
(2) For the purposes of this section an application for planning permission for the development of any land shall be taken to be similar to a later application only if the development and the land to which the applications relate are in the opinion of the planning authority the same or substantially the same.
(2A) For the purposes of the application of this section by virtue of section 43A(5)—
(a) the references in subsection (1) to an appeal to the Scottish Ministers include a reference to a requirement on the planning authority to review a case by virtue of section 43A(8);
(b) the references in that subsection to the dismissal by the Scottish Ministers of an appeal include a reference to the upholding by the planning authority of a determination on review; and
(c) the references to an appeal under section 47(2) include a reference to a requirement to review under section 43A(8)(c).
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
39A Declining to determine an application: further provision
The Scottish Ministers must publish guidance outlining what constitutes a “similar application” and a “significant change” for the purposes of section 39.
(1) The Secretary of State may by regulations make provision about the consideration to be given, before planning permission for development of any class specified in the regulations is granted, to the likely environmental effects, including effects on biodiversity, of the proposed development.
(2) The regulations—
(a) may make the same provision as, or provision similar or corresponding to, any provision made, for the purposes of any EU obligation of the United Kingdom about the assessment of the likely effects of development on the environment, under section 2(2) of the European Communities Act 1972, and
(b) may make different provisions for different classes of development.
(3) Where a draft of regulations made in exercise both of the power conferred by this section and the power conferred by section 2(2) of the European Communities Act 1972 is approved by resolution of each House of Parliament, no statutory instrument containing such regulations shall be subject to annulment by virtue of section 275(3).
(4) Without prejudice to subsection (1), before planning permission is granted by a planning authority in respect of anything which is development by virtue of section 26(6), the authority must consider the effect of the proposed development on the water environment.
(4A) In subsection (1), “effects on biodiversity” includes the net positive effects on biodiversity that would be likely to result from the development.
(5) In subsection (4), “ water environment ” has the same meaning as in section 3(2) of the Water Environment and Water Services (Scotland) Act 2003 (asp 3).
(1) Without prejudice to the generality of section 37(1) to (3), conditions may be imposed on the grant of planning permission under that section—
(a) for regulating the development or use of any land under the control of the applicant (whether or not it is land in respect of which the application was made) or requiring the carrying out of works on any such land, so far as appears to the planning authority to be expedient for the purposes of or in connection with the development authorised by the permission;
(b) for requiring the removal of any buildings or works authorised by the permission, or the discontinuance of any use of land so authorised, at the end of a specified period, and the carrying out of any works required for the reinstatement of land at the end of that period.
(c) for identifying (whether by means of a specified time period or otherwise) when the applicant may be required to—
(i) make an application for a consent, agreement or approval, or
(ii) carry out some other action in connection with the permission or development.
(2) Conditions may not be imposed by a planning authority under subsection (1)(a) for regulating the development or use of any land within the area of another planning authority except with the consent of that authority.
(3) Subject to paragraph 1(6)(a) of Schedule 3, a planning permission which is granted subject to such a condition as is mentioned in subsection (1)(b) is in this Act referred to as “planning permission granted for a limited period”.
(4) Where—
(a) planning permission is granted for development consisting of or including the carrying out of building or other operations subject to a condition that the operations shall be commenced not later than a time specified in the condition, and
(b) any building or other operations are commenced after the time so specified,
the commencement and carrying out of those operations do not constitute development for which that permission was granted.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Part I of Schedule 3 shall have effect for the purpose of making special provision with respect to the conditions which may be imposed on the grant of planning permission for development consisting of the winning and working of minerals.
41A Conditional grant of planning permission: noise-sensitive developments
(1) A development that is the subject of an application for planning permission is a “noise-sensitive development” if residents or occupiers of the development are likely to be affected by significant noise from existing activity in the vicinity of the development (a “noise source”).
(2) Without prejudice to the generality of section 41(1), a planning authority—
(a) must, when considering under section 37 whether to grant planning permission for a noise-sensitive development subject to conditions, take particular account of whether the development includes sufficient measures to mitigate, minimise or manage the effect of noise between the development and any existing cultural venues or facilities (including in particular, but not limited to, live music venues), or dwellings or businesses in the vicinity of the development, and
(b) may not, as a condition of granting planning permission for a noise-sensitive development, impose on a noise source additional costs relating to acoustic design measures to mitigate, minimise or manage the effects of noise.
41B Conditional grant of planning permission: provision of toilet facilities within certain large developments
(1) Without prejudice to the generality of section 41(1), a planning authority may grant planning permission for a development that falls within subsection (2) only on condition that the development includes at least one toilet facility described in subsection (3).
(2) A development that is the subject of an application for planning permission falls within this subsection if it is for the construction of a building, structure or other erection for use for any of the following purposes—
(a) as a school, college or university,
(b) as a community centre, sports and leisure centre, or similar public building,
(c) as a hospital or other facility for the provision of health services,
(d) as a retail outlet...,
(e) as a cultural centre, such as a museum, concert hall or art gallery,
(f) as a stadium or large auditorium,
(g) as a major transport terminus or interchange,
(h) as a motorway service facility.
(i) as a conference or exhibition centre,
(j) as a restaurant or cafe,
(k) as a public house or nightclub.
(3) The toilet facility mentioned in subsection (1) is an accessible public facility which—
(a) has sufficient space, being not less than 12 square metres, to allow up to two carers to assist an adult to use the toilet and the equipment mentioned in paragraph (c),
(b) has a ...toilet with sufficient space, being not less than 1 metre, from the wall on either side for carers to assist an adult to use the toilet,
(c) includes—
(i) a height-adjustable changing bench of a size suitable for an adult,
(ii) a tracking hoist able to cover the full floor area of the facility,
(d) is equipped with—
(i) a non-slip floor surface,
(ii) a screen or curtain,
(iii) a height adjustable wash hand basin,
(iv) grab rails to assist in the use of the toilet facility,
(v) a shelf or other surface suitable for temporary placing of colostomy bags and related equipment.
(vi) a call assistance system.
(4) The Scottish Ministers may by regulations—
(a) amend subsection (2) so as—
(i) to add, amend or remove a purpose, or
(ii) to describe other types of development that fall within subsection (2), (whether or not by reference to the development's use for a particular purpose) and to amend or remove such types,
(b) specify that the requirement in subsection (1) does not apply—
(i) to a particular building, structure or erection,
(ii) to such descriptions of buildings, structures or erections as may be prescribed, or
(iii) in such circumstances as may be prescribed,
(c) amend the description of toilet facility in subsection (3).
42 Determination of applications to develop land without compliance with conditions previously attached.
(1) This section applies, subject to subsection (4), to applications for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.
(2) On such an application the planning authority shall consider only the question of the conditions subject to which planning permission should be granted, and—
(a) if they decide that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it should be granted unconditionally, they shall grant planning permission accordingly;
(b) if they decide that planning permission should be granted subject to the same conditions as those subject to which the previous permission was granted, they shall refuse the application.
(3) The Scottish Ministers may by regulations or a development order make special provision as regards the procedure to be followed in connection with such applications.
(4) This section does not apply if the previous permission was granted subject to a condition as to the time within which the development to which it related was to be begun, and that time has expired without the development having been begun.
43 Directions etc. as to method of dealing with applications.
(1) Provision may be made by regulations or a development order for regulating the manner in which applications for planning permission to develop land are to be dealt with by planning authorities, and in particular—
(a) for enabling the Secretary of State to give directions restricting the grant of planning permission by the planning authority, either indefinitely or during such period as may be specified in the directions, in respect of any such development, or in respect of development of any such class, as may be so specified;
(aa) for enabling the Scottish Ministers to give directions to the planning authority requiring them, in respect of any such development, or in respect of development of any such class, as may be specified in the directions—
(i) to consider, where the authority are minded to grant planning permission, imposing a condition specified in, or of a nature indicated in, the directions; and
(ii) (unless the directions are withdrawn) not to grant planning permission without first satisfying the Scottish Ministers that such consideration has been given and that such a condition either will be imposed or need not be imposed;
(b) for authorising the planning authority, in such cases and subject to such conditions as may be prescribed by the regulations or the order, or by directions given by the Secretary of State under the regulations or the order, to grant planning permission for development which does not accord with the provisions of the development plan;
(bb) for enabling the planning authority, in the course of their consideration of an application, to require from the applicant particulars, documents, materials or evidence which they consider they require to enable them to deal with the application (being particulars, documents, materials or evidence additional to any which, by virtue of section 32(2), as the case may be, was included in, accompanied or was provided in support of anything in, or relating to, the application);
(c) for requiring the planning authority, before granting or refusing planning permission for any development, to consult such authorities or persons as may be prescribed by the regulations or the order or by directions given by the Secretary of State under the regulations or the order;
(d) for requiring the planning authority to give to any applicant for planning permission, within such time as may be prescribed by the regulations or the order, such notice as may be so prescribed as to the manner in which his application has been dealt with;
(e) for requiring the planning authority to give any applicant for any consent, agreement or approval required by a condition imposed on a grant of planning permission notice of their decision on his application, within such time as may be so prescribed;
(f) for requiring , or enabling directions to be made requiring, the planning authority to give to the Scottish Ministers and to such other persons as may be prescribed by or under the regulations, order or directions, such information as may be so prescribed with respect to applications for planning permission made to the authority, including information as to the manner in which any such application has been dealt with.
(1A) Any notice given by virtue of paragraph (d) or (e) of subsection (1)—
(a) is to include a statement of—
(i) the terms of the planning authority's decision,
(ii) any conditions to which that decision is subject, and
(iii) the reasons on which the authority based that decision, and
(b) may include such other information as may be prescribed by the regulations or the order.
(2) Paragraphs (d) and (f) of subsection (1) shall apply in relation to applications for an approval required by regulations under this Act or a development order as they apply in relation to applications for planning permission.
(3) Paragraphs (a) and (f) of that subsection shall apply in relation to applications under section 75A(2) as they apply in relation to applications for planning permission.
(4) For the purposes of the application provided for in subsection (3), the reference in paragraph (a) of subsection (1) to restricting the grant of planning permission is to be construed as a reference to restricting ... the making of any determination under section 75A(4).
(1) A planning authority are—
(a) as soon as practicable after the coming into force of section 17 of the Planning etc. (Scotland) Act 2006 (asp 17), and thereafter—
(i) whenever required to do so by the Scottish Ministers, or
(ii) subject to sub-paragraph (i), at such intervals as may be provided for in regulations under this section,
to prepare a scheme (to be known as a “ scheme of delegation ”) by which any application for planning permission for a development within the category of local developments or any application for consent, agreement or approval required by a condition imposed on a grant of planning permission for a development within that category is to be determined by a person appointed by them for the purposes of this section instead of by them, and
(b) to keep under review the scheme so prepared.
(2) Other than for the purposes of subsections (8) to (16) or section 47, the determination of any person so appointed is to be treated as that of the authority.
(3) References in subsection (1) to a development do not include references to a development of a class mentioned in section 38A(1).
(4) Without prejudice to subsection (1)(a)(ii), regulations under this section may make provision as to—
(a) the form and content of, and
(b) the procedures for preparing and adopting,
a scheme of delegation.
(5) Where an application for planning permission falls to be determined by a person so appointed, sections 27A(2), 27B(2), 30(3), 32A, 37(1) to (3), 38, 39, 40, 41(1) and (2), 42, 43(1) to (2), 46, 58, 59 and 60 and Part 1 of Schedule 3 apply, with any necessary modifications (including, in the case of that Part, the modification mentioned in subsection (18)), as they apply to an application which falls to be determined by the planning authority.
(6) The planning authority may, if they think fit, decide themselves to determine an application which would otherwise fall to be determined by a person so appointed.
(7) Any such decision must include a statement of the reasons for which it has been taken; and a copy of the decision is to be served on the applicant.
(8) Where a person so appointed—
(a) refuses an application for planning permission or for consent, agreement or approval,
(b) grants it subject to conditions, or
(c) has not determined it within such period as may be prescribed by regulations or a development order or within such extended period as may at any time be agreed upon in writing between the applicant and the person so appointed,
the applicant may require the planning authority to review the case.
(8A) A requirement to review may not be made by virtue of paragraph (c) of subsection(8) if within the period (or extended period) mentioned in that paragraph notice has been given to the applicant that—
(a) the power under section 39 to decline to determine the application has been exercised; or
(b) the application has been referred to the Scottish Ministers in accordance with directions given under section 46.
(9) Where a requirement to review is made by virtue of paragraph (c) of subsection (8), the person so appointed is, for the purposes of the review, to be deemed to have decided to refuse the application.
(10) Regulations or a development order may make provision as to the form and procedures of any review conducted by virtue of subsection (8).
(11) Without prejudice to the generality of subsection (10), the regulations or order may—
(a) make different provision for different cases or classes of case,
(b) make different provision for different stages of a case,
(c) make provision in relation to oral or written submissions and to documents in support of such submissions,
(d) make provision in relation to time limits (including a time limit for requiring the review), and
(e) require the planning authority to give to the person who has required the review such notice as may be prescribed by the regulations or the order as to the manner in which that review has been dealt with.
(12) Any notice given by virtue of paragraph (e) of subsection (11)—
(a) is to include a statement of—
(i) the terms in which the planning authority have decided the case reviewed, and
(ii) the reasons on which the authority based that decision, and
(b) may include such other information as may be prescribed by the regulations or the order.
(13) The provision which may be made by virtue of subsections (10) and (11) includes provision as to—
(a) the making of oral submissions, or as to any failure to make such submissions or to lodge documents in support of such submissions, or
(b) the lodging of, or as to any failure to lodge, written submissions or documents in support of such submissions,
and, subject to section 43B, as to what matters may be raised in the course of the review.
(14) The provision which may be made by virtue of subsections (10) and (11) includes provision that the manner in which the review, or any stage of the review, is to be conducted (as for example whether oral submissions are to be made or written submissions lodged) is to be at the discretion of the planning authority.
(15) The planning authority may uphold, reverse or vary a determination reviewed by them by virtue of subsection (8).
(16) Subject to subsection (17) and except as provided under section 239, the decision of a planning authority in a case reviewed under this section is final.
(17) Where a requirement to review is made by virtue of paragraph (c) of subsection (8) and the planning authority have not conducted the review within such period as may be prescribed by regulations or a development order, the authority are to be deemed to have decided to refuse the application and section 47(1) is to apply accordingly.
(18) The modification is that, in paragraph 1(6) of Schedule 3, for paragraph (b) there is substituted—
(b) is to be regarded for the purposes of section 43A as a condition imposed by a decision of the appointed person, and may accordingly be the subject of a review under subsection (8) of that section.
.
43B Matters which may be raised in a review under section 43A(8)
(1) In a review under section 43A(8), a party to the proceedings is not to raise any matter which was not before the appointed person at the time the determination reviewed was made unless that party can demonstrate—
(a) that the matter could not have been raised before that time, or
(b) that its not being raised before that time was a consequence of exceptional circumstances.
(2) Nothing in subsection (1) affects any requirement or entitlement to have regard to—
(a) the provisions of the development plan, or
(b) any other material consideration.
(1) Without prejudice to the provisions of this Part as to the duration, revocation or modification of planning permission, any grant of planning permission to develop land shall (except in so far as the permission otherwise provides) enure for the benefit of the land and of all persons for the time being interested in it.
(2) Where planning permission is granted for the erection of a building, the grant of permission may specify the purposes for which the building may be used.
(3) If no purpose is so specified, the permission shall be construed as including permission to use the building for the purpose for which it is designed.
(1) The Secretary of State may give directions requiring any such applications as are mentioned in section 34(2) to be referred to him instead of being dealt with by planning authorities.
(1A) A direction under subsection (1) may be withdrawn or modified by a subsequent direction.
(2) A direction under this section—
(a) may be given either to a particular planning authority or to planning authorities generally, and
(ab) may relate to an application which is the subject of a review by the planning authority under section43A(8),
(b) may relate either to a particular application or to applications of a class specified in the direction.
(3) Any application in respect of which a direction under subsection (1) has effect shall be referred to the Secretary of State.
(4) ... where an application is referred to the Secretary of State under this section—
(a) sections 33, 37(1) to (3), 38(1) to (3), 41(1) and (2) and 42 and paragraphs 2 to 6 of Schedule 3 shall apply, with any necessary modifications, as they apply to an application which falls to be determined by the planning authority, and
(b) regulations or a development order may apply, with or without modifications, to an application so referred any requirements imposed by the regulations or order by virtue of section 34 or 35.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) The decision of the Secretary of State on any application referred to him under this section shall be final.
46A Call-in of applications by Scottish Ministers: further provision
(1) The Scottish Ministers must lay before the Scottish Parliament and publish, in such manner as they consider appropriate, a statement setting out the circumstances in which they consider it appropriate to give directions as mentioned in section 46(1).
(2) The Scottish Ministers may from time to time publish a revised or replacement statement under subsection (1).
47 Right to appeal against planning decisions and failure to take such decisions.
(1) Where a planning authority—
(a) refuse an application for planning permission or grant it subject to conditions,
(b) refuse an application for any consent, agreement or approval of that authority required by a condition imposed on a grant of planning permission or grant it subject to conditions, or
(c) refuse an application for any approval of that authority required under a development order or grant it subject to conditions,
the applicant may appeal to the Secretary of State against the decision.
(1A) But subsection (1) does not apply in relation to any such action on the part of a planning authority as is mentioned in section 237(3A).
(2) A person who has made such an application may also appeal to the Secretary of State if the planning authority have not given to the applicant—
(a) notice of their decision on the application,
(b) notice that they have exercised their power under section 39 to decline to determine the application, or
(c) notice that the application has been referred to the Secretary of State in accordance with directions given under section 46,
within such period as may be prescribed by regulations or a development order or within such extended period as may at any time be agreed upon in writing between the applicant and the authority.
(3) Any appeal under this section shall be made by notice served within such time and in such manner as may be prescribed by regulations or a development order.
(4) The time prescribed for the service of such a notice must not be less than—
(a) 28 days from the date of the notification of the decision, or
(b) in the case of an appeal under subsection (2), 28 days from the end of the period prescribed as mentioned in subsection (2) or, as the case may be, the extended period mentioned in that subsection.
(5) For the purposes of the application of sections 48(1) and 218(1)(b) and paragraph 2(2)(c) of Schedule 16 in relation to an appeal under subsection (2), the authority shall be deemed to have decided to refuse the application in question.
47A Matters which may be raised in an appeal under section 47(1)
(1) In an appeal under section 47(1), a party to the proceedings is not to raise any matter which was not before the planning authority at the time the decision appealed against was made unless that party can demonstrate—
(a) that the matter could not have been raised before that time, or
(b) that its not being raised before that time was a consequence of exceptional circumstances.
(2) Nothing in subsection (1) affects any requirement or entitlement to have regard to—
(a) the provisions of the development plan, or
(b) any other material consideration.
(1) On an appeal under section 47 the Secretary of State may—
(a) allow or dismiss the appeal, or
(b) reverse or vary any part of the decision of the planning authority (whether the appeal relates to that part of it or not),
and may deal with the application as if it had been made to him in the first instance.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) If the Secretary of State proposes to reverse or vary any part of the decision of the planning authority to which the appeal does not relate, he shall give notice of his intention to the planning authority and to the appellant and shall give each of them an opportunity of making representations about his proposals.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) ... in relation to an appeal to the Secretary of State under section 47—
(a) sections 33, 37(1) to (3), 38(1) to (3), 41(1) and (2) and 42 and Part I of Schedule 3 shall apply, with any necessary modifications, as they apply in relation to an application for planning permission which falls to be determined by the planning authority, and
(b) regulations or a development order may apply, with or without modifications, to such an appeal any requirements imposed by the regulations or order by virtue of section 34 or 35.
(6) The decision of the Secretary of State on such an appeal shall be final.
(7) If, before or during the determination of such an appeal in respect of an application for planning permission to develop land, the Secretary of State forms the opinion that, having regard to the provisions of sections 37 and 41(1) and (2), any regulations made under this Act in that regard and of any development order and any directions given under such regulations or order, planning permission for that development—
(a) could not have been granted by the planning authority, or
(b) could not have been granted otherwise than subject to the conditions imposed,
he may decline to determine the appeal or to proceed with the determination.
(8) If at any time before or during the determination of an appeal under section 47 it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, he may—
(a) give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are specified in the notice for the expedition of the appeal, and
(b) if the appellant fails to take those steps within that period, dismiss the appeal accordingly.
(9) Schedule 4 applies to appeals under section 47, including appeals under that section as applied by or under any other provision of this Act.
(1) A simplified planning zone is an area in respect of which a simplified planning zone scheme is in force.
(2) The adoption or approval of a simplified planning zone scheme has effect to grant in relation to the zone, or any part of it specified in the scheme, planning permission—
(a) for development specified in the scheme, or
(b) for development of any class so specified.
(3) Planning permission under a simplified planning zone scheme may be unconditional or subject to such conditions, limitations or exceptions as may be specified in the scheme.
50 Alteration of simplified planning zone schemes.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) A planning authority may at any time decide―
(b) to alter a simplified planning zone scheme adopted by them, or
(c) with the consent of the Secretary of State, to alter a scheme approved by him.
(3) Schedule 5 has effect with respect to the ... alteration of simplified planning zone schemes and other related matters.
51 Simplified planning zone schemes: conditions and limitations on planning permission.
(1) The conditions and limitations on planning permission which may be specified in a simplified planning zone scheme may include—
(a) conditions or limitations in respect of all development permitted by the scheme or in respect of particular descriptions of development so permitted, and
(b) conditions or limitations requiring the consent, agreement or approval of the planning authority in relation to particular descriptions of permitted development.
(2) Different conditions or limitations may be specified for different cases or classes of case.
(3) Nothing in a simplified planning zone scheme shall affect the right of any person—
(a) to do anything not amounting to development, or
(b) to carry out development for which planning permission is not required or for which permission has been granted otherwise than by the scheme.
(4) No limitation or restriction subject to which permission has been granted otherwise than under the scheme shall affect the right of any person to carry out development for which permission has been granted under the scheme.
(1) A simplified planning zone scheme shall take effect on the date of its adoption or approval and shall cease to have effect at the end of the period of 10 years beginning with that date.
(2) When the scheme ceases to have effect planning permission under it shall also cease to have effect except in a case where the development authorised by it has been begun.
(1) This section applies where alterations to a simplified planning zone scheme are adopted or approved.
(2) The adoption or approval of alterations providing for the inclusion of land in the simplified planning zone has effect to grant in relation to that land, or such part of it as is specified in the scheme, planning permission for development so specified or of any class so specified.
(3) The adoption or approval of alterations providing for the grant of planning permission has effect to grant such permission in relation to the simplified planning zone, or such part of it as is specified in the scheme, for development so specified or development of any class so specified.
(4) The adoption or approval of alterations providing for the withdrawal or relaxation of conditions, limitations or restrictions to which planning permission under the scheme is subject has effect to withdraw or relax the conditions, limitations or restrictions immediately.
(5) The adoption or approval of alterations providing for—
(a) the exclusion of land from the simplified planning zone,
(b) the withdrawal of planning permission, or
(c) the imposition of new or more stringent conditions, limitations or restrictions to which planning permission under the scheme is subject,
has effect to withdraw permission, or to impose the conditions, limitations or restrictions, with effect from the end of the period of 12 months beginning with the date of the adoption or approval.
(6) The adoption or approval of alterations to a scheme does not affect planning permission under the scheme in any case where the development authorised by it has been begun.
54 Exclusion of certain descriptions of land or development.
(1) The following descriptions of land may not be included in a simplified planning zone—
(a) land in a conservation area;
(b) land in a National Scenic Area;
(c) land identified in the development plan for the area as part of a green belt;
(d) land in a site of special scientific interest;
(e) land in respect of which a nature conservation order or land management order made under Part 2 of the Nature Conservation (Scotland) Act 2004 (asp 6) has effect;
(2) Where land included in a simplified planning zone becomes land of a description mentioned in subsection (1), that subsection does not have effect to exclude it from the zone.
(3) The Secretary of State may by order provide that no simplified planning zone scheme shall have effect to grant planning permission—
(a) in relation to an area of land specified in the order or to areas of land of a description so specified, or
(b) for development of a description specified in the order.
(4) An order under subsection (3) has effect to withdraw such planning permission under a simplified planning zone scheme already in force with effect from the date on which the order comes into force, except in a case where the development authorised by the permission has been begun.
Schedule 5A—
(a) makes provision about the making and alteration of masterplan consent area schemes (including the right to request that a scheme be made or altered), and
(b) confers powers on the Scottish Ministers in connection with such schemes.
(1) A masterplan consent area scheme acts as a grant of authorisation for carrying out, within the area to which the scheme relates, development that—
(a) is either—
(i) specified in the scheme, or
(ii) of a description specified in the scheme, and
(b) is begun before the end of the day on which the scheme ceases to have effect.
(2) Authorisation granted by a scheme is subject to—
(a) any conditions, limitations and exceptions specified in the scheme, and
(b) any regulations made under paragraph 19 of schedule 5A (read with paragraph 20 of that schedule).
(3) In this section, “authorisation” means—
(a) planning permission, and
(b) if the scheme so provides—
(i) consent to the construction of a new road or an extension of an existing road for the purposes of section 21(1) of the Roads (Scotland) Act 1984
(ii) authorisation for works in relation to a listed building for the purposes of section 6 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, and
(iii) authorisation for works in relation to a building in a conservation area for the purposes of section 66(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and section 6 of that Act as applied by any regulations under section 66(3) of that Act.
(1) A masterplan consent area scheme may, under section 54B(1)(a), specify—
(a) development in the form of self-build housing, or
(b) a description of development which includes self-build housing.
(2) For the purpose of subsection (1), self-build housing is where an individual commissions or (whether acting alone or with other individuals) is personally involved in the design and construction of a dwelling that is intended to be the individual's main residence once it is built.
(3) Nothing in this section is to be construed as limiting the development or a description of development that may be specified under section 54B(1)(a).
(1) Alterations to a scheme have effect from the day they are made.
(2) Subsection (3) applies where—
(a) development for which authorisation is granted by a scheme has begun, and
(b) the scheme is subsequently altered.
(3) The authorisation that the scheme grants for the development is unaffected by the alteration, unless the scheme (as altered) provides otherwise.
(4) But the scheme may not provide that the alteration affects the authorisation for the development if the effect would be to remove authorisation for anything that was authorised by the scheme when the development began.
(1) The right to carry out development in accordance with authorisation granted by a scheme is unaffected by any limitations or restrictions imposed in relation to any other grant of permission, consent or authorisation.
(2) Nothing in a scheme affects the right of any person to—
(a) do anything that is not development, or
(b) carry out development for which—
(i) no permission, consent or authorisation which may be granted by a scheme is required, or
(ii) any such permission, consent or authorisation that is required is granted otherwise than under the scheme.
(1) This section makes provision about the interpretation of sections 54B to 54E.
(2) References to a scheme are to a masterplan consent area scheme.
(3) References to the authorisation granted by a scheme are to be construed in accordance with section 54B(3).
(4) References to development include any activity mentioned in section 54B(3)(b) (whether or not it otherwise falls to be regarded as development for the purposes of this Act).
55 Planning permission for development in enterprise zones.
(1) An order designating an enterprise zone under Schedule 32 to the Local Government, Planning and Land Act 1980 shall (without more) have effect on the date on which the order designating the zone takes effect to grant planning permission for development specified in the scheme or for development of any class so specified.
(2) The approval of a modified scheme under paragraph 11 of that Schedule shall (without more) have effect on the date on which the modifications take effect to grant planning permission for development specified in the modified scheme or for development of any class so specified.
(3) Planning permission so granted shall be subject to such conditions or limitations as may be specified in the scheme or modified scheme or, if none are specified, shall be unconditional.
(4) Subject to subsection (5), where planning permission is so granted for any development or class of development the enterprise zone authority may direct that the permission shall not apply in relation to—
(a) a specified development,
(b) a specified class of development, or
(c) a specified class of development in a specified area within the enterprise zone.
(5) An enterprise zone authority shall not give a direction under subsection (4) unless—
(a) they have submitted it to the Secretary of State, and
(b) he has notified them that he approves of their giving it.
(6) If the scheme or the modified scheme specifies, in relation to any development it permits, matters which will require approval by the enterprise zone authority, the permission shall have effect accordingly.
(7) The Secretary of State may by regulations make provision as to—
(a) the procedure for giving a direction under subsection (4), and
(b) the method and procedure relating to the approval of matters specified in a scheme or modified scheme as mentioned in subsection (6).
(8) Such regulations may modify any provision of the planning Acts or any instrument made under them or may apply any such provision or instrument (with or without modification) in making any such provision as is mentioned in subsection (7).
(9) Nothing in this section prevents planning permission being granted in relation to land in an enterprise zone otherwise than by virtue of this section (whether the permission is granted in pursuance of an application made under this Part, under section 242A or by a development order).
(10) Nothing in this section prejudices the right of any person to carry out development apart from this section.