The Planning (Scotland) Act 2019 (Commencement No. 6 and Transitional Provision) Regulations 2021

Made: 22nd February 2021

Laid before the Scottish Parliament: 24th February 2021

Coming into force: 1st April 2021

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 63(2) and (3) of the Planning (Scotland) Act 2019 .

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Planning (Scotland) Act 2019 (Commencement No. 6 and Transitional Provision) Regulations 2021 and come into force on 1 April 2021.

• (2) In these Regulations—

• “the Act” means the Planning (Scotland) Act 2019, and

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

Appointed day – material change of use – short term lets

2

The day appointed for the coming into force of section 17 (meaning of development: use of dwellinghouse for short-term lets) of the Act, in so far as not already in force, is 1 April 2021.

Appointed day – pre-application consultation

3

Subject to regulation 4, the day appointed for the coming into force of section 18(3) (pre-application consultation) of the Act is 1 October 2022.

Transitional provision

4

• (1) Section 35B(3) (pre-application consultation: compliance) of the 1997 Act applies, as amended by section 18(3) of the Act, in relation to the submission of a relevant application with the modification that the maximum period of 18 months which is to elapse before the relevant application is submitted is to be treated as a reference to the period of 18 months beginning on 1 October 2022 rather than to the period of 18 months after the giving of the proposal of application notice.

• (2) In this regulation, “relevant application” means an application for planning permission in respect of which the prospective applicant has given a proposal of application notice to the planning authority before 1 October 2022.

Signed

AILEEN CAMPBELL — A member of the Scottish Government — 2021-02-22

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2019 asp 13.

[^f00002]: 1997 c.8. Section 35B was introduced into the Town and Country Planning (Scotland) Act 1997 by section 11 of the Planning etc. (Scotland) Act 2006 (asp 17).

Editorial notes

[^c24451511]: 2019 asp 13.

[^c24451521]: 1997 c.8. Section 35B was introduced into the Town and Country Planning (Scotland) Act 1997 by section 11 of the Planning etc. (Scotland) Act 2006 (asp 17).

[^key-283d5569e6e46f30af3c4af76bb1c0d8]: Reg. 2 in force at 1.4.2021, see reg. 1(1)

[^key-2b551f177a5e2e740b3892306998f363]: Reg. 3 in force at 1.4.2021, see reg. 1(1)

[^key-e287ea66da2c28c5ebb80bb9eacf556f]: Reg. 4 in force at 1.4.2021, see reg. 1(1)

[^key-1ab5c2bb0365c645380003822906868f]: Reg. 1 in force at 1.4.2021, see reg. 1(1)

[^key-31cbae4687711b8eef1d3288050c47ed]: Words in reg. 3 substituted (30.3.2022) by The Planning (Scotland) Act 2019 (Commencement No. 6 and Transitional Provision) Amendment Regulations 2022 (S.S.I. 2022/67), regs. 1, 2(2)

[^key-7094c923ebfbf9c8b9b56daec76a15ea]: Words in reg. 4(1) substituted (30.3.2022) by The Planning (Scotland) Act 2019 (Commencement No. 6 and Transitional Provision) Amendment Regulations 2022 (S.S.I. 2022/67), regs. 1, 2(3)(a)

[^key-415023e2888b80c0eae9df62946d8150]: Words in reg. 4(2) substituted (30.3.2022) by The Planning (Scotland) Act 2019 (Commencement No. 6 and Transitional Provision) Amendment Regulations 2022 (S.S.I. 2022/67), regs. 1, 2(3)(b)