The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013

Made: 21st May 2013

Laid before the Scottish Parliament: 23rd May 2013

Coming into force: 30th June 2013

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 27A(1), 27C, 30(1) and (3), 32, 34, 35, 35A, 35B(4) and (5), 35C(2), 36, 36A, 38(2)(b), 38A(1), 43, 43A, 59, 152 and 275 of the Town and Country Planning (Scotland) Act 1997 , and all other powers enabling them to do so.

PART 1 — Introductory

Citation and commencement

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These Regulations may be cited as the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 and come into force on 30th June 2013.

Application

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• (1) Subject to Part 10 and paragraphs (2) to (4), these Regulations apply to—

• (a) applications for planning permission;

• (b) applications for approval, consent or agreement required by a condition imposed on a grant of planning permission; and

• (c) applications for a certificate under sections 150 (certificate of lawfulness of existing use or development) or 151 (certificate of lawfulness of proposed use or development) of the Act,

made on or after 3rd August 2009.

• (2) If a special development order is made, or has been made before the commencement of these Regulations, in relation to any land, these Regulations apply to that order only to such extent and subject to such modifications as may be specified in the order.

• (3) These Regulations apply to an application for planning permission relating to marine fish farm development in accordance with regulation 36.

• (4) These Regulations do not apply to applications for planning permission made under section 31A ... (planning permission in respect of the operation of a marine fish farm) or 242A (urgent Crown development) of the Act.

Interpretation

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• (1) In these Regulations—

• “the Act” means the Town and Country Planning (Scotland) Act 1997;

• “appointed officer” means a person appointed by virtue of a scheme of delegation under section 43A(1) of the Act (local developments: schemes of delegation) by the planning authority to determine the application;

• “category A listed building” means a listed building specified as being category A in a list of buildings compiled or approved under section 1 of the Listed Buildings Act (listing of buildings of special architectural or historic interest);

• “cemetery” includes a burial ground or any other place of interment for the dead;

• “community council” means a community council established in accordance with the provisions of Part IV of the Local Government (Scotland) Act 1973 ;

• “Crown land” has the meaning given in section 242(1) the Act (Crown land: preliminary definitions);

• “design statement” and “design and access statement” have the meaning given in regulation 13;

• “dwellinghouse” includes a building containing one or more flats, or a flat contained within such a building.”

• “EIA report” has the same meaning as in the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017;

• “environmental statement” has the same meaning as in the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 as those Regulations had effect on 15th May 2017;

• “the Fees Regulations” means the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004 ;

• “historic garden or designed landscape” means a garden or landscape which is included in the inventory of gardens and designed landscapes compiled and maintained under section 32A of the Ancient Monuments and Archaeological Areas Act 1979 (inventory of gardens and designed landscapes);

• “householder development” means the carrying out of building, engineering or other operations—to improve, add to or alter an existing dwellinghouse;within the curtilage of a dwellinghouse for a purpose incidental to the enjoyment of that dwellinghouse; andto erect or construct a gate, fence or wall or other means of enclosure along a boundary of the curtilage of a dwellinghouse;

• “licensed premises” means premises licensed for the sale of alcoholic liquor pursuant to the provisions of the Licensing (Scotland) Act 2005 or premises authorised by a premises licence under Part 8 of the Gambling Act 2005 to be used for activities described in section 150 of that Act (nature of licence);

• “listed building” means a listed building within the meaning of section 1(4) of the Listed Buildings Act;

• “Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997;

• “marine fish farm development” means the placing or assembly of any equipment in marine waters for the purposes of fish farming (“equipment” and “fish farming” having the same meaning as in section 26(6) of the Act (meaning of development)) and any material change of use of equipment so placed or assembled;

• “marine planning zone” has the same meaning as in the Town and Country Planning (Marine Fish Farming) (Scotland) Order 2007 ;

• “marine waters” means the waters described in section 26(6)(b) and (c) of the Act;

• “minerals application” means an application for planning permission for development consisting of the winning and working of minerals by underground working;

• “National Scenic Area” means an area designated by a direction made by the Scottish Ministers under section 263A of the Act (national scenic areas);

• “neighbouring land” means an area or plot of land (other than land forming part of a road) which, or part of which, is conterminous with or within 20 metres of the boundary of the land for which the development is proposed;

• “planning permission in principle” means a planning permission granted pursuant to an application made under regulation 10 for the carrying out of building, engineering, mining or other operations in, on, over or under land which is granted subject to a condition (in addition to any other conditions which may be imposed) that the development in question will not begin until certain matters have been approved by the planning authority or, as the case may be, the Scottish Ministers;

• “pre-application consultation report” means a written report prepared in accordance with section 35C of the Act;

• “road” has the same meaning as in section 151 of the Roads (Scotland) Act 1984 (interpretation);

• “scheduled monument” has the meaning given by section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 (schedule of monuments);

• “validation date” is the date on which an application is taken to have been made in terms of regulation 14;

• “World Heritage Site” means land appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage .

• (2) Other than in regulations 12 and 18, references to an approval, consent or agreement required by a condition imposed on a grant of planning permission include an approval required by or under a development order.

• (3) References to distance are references to distance measured along a horizontal plane.

• (4) Any requirement that a form is to be as set out in a specified Schedule is to be construed as meaning a form as so specified or a form substantially to the like effect.

• (5) Any power conferred by these Regulations to give a direction is to be construed as including power to cancel or vary the direction by a subsequent direction.

PART 2 — Pre-application consultation

Pre-application consultation – classes of development

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The classes of development prescribed for the purposes of section 35A(1) of the Act (pre-application consultation: preliminary) are development belonging to the categories of national developments and major developments.

Content of pre-application screening notice

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• (1) A notice under section 35A(3) of the Act in addition to the information mentioned in paragraphs (a) to (d) of section 35B(4) of the Act (pre-application consultation: compliance), must also contain a statement as to whether or not the planning authority have adopted a screening opinion or the Scottish Ministers have made a screening direction in respect of the development to which the notice relates.

• (1A) If the notice under section 35A(3) of the Act relates to a prospective application for planning permission for development of the same character or description as development in respect of which an earlier application for planning permission was made, or part of that development, the notice must contain—

• (a) sufficient information to enable the earlier application to be identified by the planning authority,

• (b) the information contained in the proposal of application notice given to the planning authority under section 35B(2) of the Act in respect of the earlier application, and

• (c) a statement (for the purposes of assessment of the need to comply with section 35B), confirming the date, or latest date, on which the prospective applicant intends to make that application for planning permission.

• (2) In this regulation “screening opinion” and “screening direction” have the same meaning as in the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017.

Content of proposal of application notice

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A proposal of application notice must, in addition to those matters required by section 35B(4) of the Act, also contain an account of what consultation the applicant intends to undertake, including information as to when such consultation is to take place, with whom and what form it will take.

Pre-application consultation

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• (1) The prospective applicant is to consult as respects a proposed application every community council any part of whose area is within or adjoins the land where the proposed development is situated and in doing so is to give a copy of the proposal of application notice to the community council.

• (2) Subject to regulation 7A, the prospective applicant is to—

• (a) hold at least two public events where members of the public may make comments to the prospective applicant as regards the proposed development; and

• (b) publish in a local newspaper circulating in the locality in which the proposed development is situated—

• (i) a notice in respect of the first public event containing the information specified in paragraph (2A), and

• (ii) a further notice in respect of the final public event containing the information specified in sub-paragraphs (a) to (c) and (e) of paragraph (2A).

• (2A) The information is—

• (a) a description of, and the location of, the proposed development,

• (b) details as to how (including by what electronic means) further information may be obtained concerning the proposed development,

• (c) the date and place of the public event,

• (d) a statement explaining how, and by when, persons wishing to make comments to the prospective applicant relating to the proposal may do so, and

• (e) a statement that comments made to the prospective applicant are not representations to the planning authority and if the prospective applicant submits an application there will be an opportunity to make representations on that application to the planning authority.

• (3) A public event held by the prospective applicant in accordance with paragraph (2)(a) is not to be held earlier than 7 days after notification of the date and place of the public event is given under paragraph (2)(b)(i) or (ii), as the case may be, and the final public event must be held at least 14 days after the first public event.

• (4) The prospective applicant must at the final public event provide feedback to members of the public in respect of comments received by the prospective applicant as regards the proposed development.

PART 3 — Procedure on applications for planning permission

Applications for planning permission

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Any application made under any of regulations 9 to 12 is to be made to the planning authority within whose district the development to which the application relates is situated.

Form and content of an application for planning permission

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• (1) An application to a planning authority for planning permission (other than planning permission in principle) is to be made in accordance with this regulation.

• (2) An application for planning permission must contain—

• (a) a written description of the development to which it relates;

• (b) the postal address of the land to which the development relates or, if the land in question has no postal address, a description of the location of the land; and

• (c) the name and address of the applicant and, where an agent is acting on behalf of the applicant, the name and address of that agent.

• (3) The application must be accompanied—

• (a) by a plan—

• (i) sufficient to identify the land to which it relates; and

• (ii) showing the situation of the land in relation to the locality and in particular in relation to neighbouring land;

• (b) by such other plans and drawings as are necessary to describe the development to which it relates;

• (c) where any neighbouring land is owned by the applicant, by a plan identifying that land;

• (d) by one or other of the certificates required under regulation 15;

• (e) where the application is not an exempt application and relates to development belonging to the categories of national developments or major developments, by a pre‑application consultation report;

• (f) where the application relates to the installation of an antenna to be employed in an electronic communications network, by an ICNIRP declaration;

• (g) where required under regulation 13, by a design statement or a design and access statement;

• (h) where the application relates to Crown land by a statement that the application is made in respect of Crown land; and

• (i) by any fee payable under the Fees Regulations.

• (4) In this regulation—

• “electronic communications network” has the same meaning as in section 32 of the Communications Act 2003 (meaning of electronic communications networks and services); and

• “exempt application” means an application for planning permission relating to development belonging to the categories of national developments or major developments to which section 35A(1) of the Act does not apply,

• “ICNIRP declaration” means a declaration by the applicant that the antenna is designed to be in full compliance with the requirements of the radio frequency public exposure guidelines of the International Commission on Non‑Ionising Radiation Protection, as expressed in EU Council recommendation of 12th July 1999 on the limitation of exposure of the general public to electromagnetic fields (0Hz to 300GHz).

Application for planning permission in principle

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• (1) An application to a planning authority for planning permission in principle is to be made in accordance with the requirements of this regulation.

• (2) An application for planning permission in principle must contain—

• (a) a written description outlining the development to which it relates;

• (b) the postal address of the land to which the development relates or, if the land in question has no postal address, a description of the location of the land; and

• (c) the name and address of the applicant and, where an agent is acting on behalf of the applicant, the name and address of that agent.

• (3) The application must be accompanied—

• (a) by a plan—

• (i) sufficient to identify the land to which it relates; and

• (ii) showing the situation of the land in relation to the locality and in particular in relation to neighbouring land;

• (b) where any neighbouring land is owned by the applicant, by a plan identifying that land;

• (c) by one or other of the certificates required under regulation 15;

• (d) where access to the site is to be taken directly from a road, by a description of the location of the access points to the proposed development;

• (e) where the application is not an exempt application (as defined in regulation 9(4)) and relates to development belonging to the categories of national developments or major developments, by a pre‑application consultation report;

• (f) where the application relates to Crown land by a statement that the application is made in respect of Crown land; and

• (g) by any fee payable under the Fees Regulations.

Further applications

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• (1) Where—

• (a) planning permission has been granted for development;

• (b) that development has not been commenced; and

• (c) a time limit imposed by or under section 58 (duration of planning permission) or section 59 (planning permission in principle) of the Act has not expired,

an application (other than an application made under section 42 of the Act (application to develop land without compliance with previous conditions)) is made for planning permission for the same development, the application may be made without complying with the provisions of regulation 9 or regulation 10 other than regulation 9(2)(c) and (3)(c), (d), (e), (h), and (i) or regulation 10(2)(c) and (3)(b), (c), (e), (f) and (g).

• (2) Where an application for planning permission is made under section 42 of the Act, the application may be made without complying with the provisions of regulation 9 or regulation 10 other than regulation 9(2)(c) and (3)(c), (d), (h), and (i) or regulation 10(2)(c) and (3)(b), (c), (f) and (g).

• (3) An application mentioned in paragraph (1) or (2) is to be in writing and is to give sufficient information to enable the planning authority to identify the previous grant of planning permission and where it is made under section 42 of the Act is to contain a statement to that effect.

Application for approval of matters specified in conditions

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