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Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

Type Public General Act

Publication 1972-07-27

Last updated 2014-06-30

State In force

Department Statute Law Database

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Part I

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Joint advisory committees and sub-committees

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The provisions of Schedule 2 to this Act shall have effect with respect to the establishment and functions of—

(a) joint advisory committees of local planning authorities;

(b) sub-committees of such committees and of planning committees described in paragraph 1 of Schedule 2 to this Act; and

(c) sub-committees of joint planning committees appointed in pursuance of any combination of local planning authorities under section 1 of this Act.

Delegation of functions to officers of local authorities

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(1) A local planning authority may delegate to any officer of the authority who in their opinion is suitably qualified or experienced for the purpose the function of determining all or any, or a specified class, of the following applications, that is to say—

(a) an application for planning permission under Part III of this Act;

(b) an application for an approval required by a development order or by a condition imposed on the grant of planning permission;

(c) an application for a determination under section 51 of this Act of the questions whether the carrying out of operations on land or the making of any change in the use of land constitutes or involves development of the land and, if so, whether an application for planning permission in respect thereof is required having regard to the provisions of the development order;

(d) an application for consent under an order under section 58 of this Act to the cutting down, topping, lopping or destruction of trees;

(e) an application for consent under regulations under section 61 of this Act to the display of advertisements;

(f) an application for an established use certificate under section 90 of this Act.

(2) A delegation made by a local authority under this section to an officer of theirs—

(a) shall be made to the officer by name;

(b) may be made with or without restrictions or conditions; and

(c) may be withdrawn at any time by the delegating authority (either generally or in respect of a particular application), without prejudice to anything previously done by the officer thereunder.

(3) Where a local authority have under this section delegated to an officer of theirs the function of determining applications, and the officer so requests in the case of any application specified by him, the delegating authority shall themselves, instead of him, determine the application.

(4) Where any functions have under this section been delegated to an officer of a local authority, any determination by him of such an application as is referred to in subsection (1) of this section shall, if it is notified in writing to the applicant, be treated for all purposes as a determination of the delegating authority.

(5) Where an action has been brought against an officer of a local authority in respect of an act done by him in the discharge or purported discharge of functions delegated to him under this section and the circumstances are such that he is not legally entitled to require the delegating authority to indemnify him, that authority may nevertheless indemnify him against the whole or part of any damages and expenses which he may have been ordered to pay or may have incurred, if they are satisfied that he honestly believed that the act complained of was done in the discharge of those functions and that his duty required or entitled him to do it.

(6) In relation to any functions delegated under this section by a local authority to an officer of theirs, any reference to the local planning authority in any enactment relating to those functions shall (subject to the terms of the delegation and so far as the context does not otherwise require) be construed as including a reference to that officer.

Part II — Development Plans

Survey and structure plan

Survey of planning districts

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(1) It shall be the duty of the planning authority to keep under review the matters which may be expected to affect the development of their district or the planning of its development.

(2) A planning authority may, if they think fit, institute a fresh survey, examining the matters referred to in subsection (1) above, of the whole or any part of their district, and references in subsection (3) of this section to the district of a planning authority shall be construed as including any part of that district which is the subject of a survey under this subsection.

(3) Without prejudice to the generality of the preceding provisions of this section, the matters to be examined and kept under review thereunder shall include the following, that is to say—

(a) the principal physical and economic characteristics of the district of the authority (including the principal purposes for which land is used) and, so far as they may be expected to affect that district, of any neighbouring districts;

(b) the size, composition and distribution of the population of that district (whether resident or otherwise);

(c) without prejudice to paragraph (a) of this subsection, the communications, transport system and traffic of that district and, so far as they may be expected to affect that district, of any neighbouring districts;

(d) any considerations not mentioned in any of the preceding paragraphs which may be expected to affect any matters so mentioned;

(e) such other matters as may be prescribed . . . ;

(f) any changes already projected in any of the matters mentioned in any of the preceding paragraphs and the effect which those changes are likely to have on the development of that district or the planning of such development.

(4) A . . . planning authority shall, for the purpose of discharging their functions under this section of examining and keeping under review any matters relating to the district of another such authority, consult with that other authority about those matters.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Preparation of structure plans

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(1) Where, as a result of the making of an order under section 4A of this Act, the area in respect of which a planning authority are obliged (whether acting alone or jointly with another authority or authorities) to prepare a structure plan is different from the area in respect of which a structure plan is for the time being in force, they shall prepare and submit to the Secretary of State for his approval a structure plan for their district complying with the provisions of subsection (3) below, together with a copy of the report of any survey which they have carried out under section 4(2) of this Act.

(1A) The Secretary of State may direct a planning authority to carry out their duty under subsection (1) above within a specified period from the direction, and any planning authority to whom such a direction is made shall comply with it.

(1B) Where a structure plan area extends to the district of more than one planning authority, and the authorities concerned are unable to agree on a joint structure plan for that area, then, without prejudice to the Secretary of State’s powers under section 15 of this Act and section 62B (power of Secretary of State to establish joint boards) of the Local Government (Scotland) Act 1973 each authority concerned may include in the plan submitted to the Secretary of State alternative proposals in respect of particular matters.

(1C) Where authorities submit alternative proposals under subsection (1B) above, such proposals shall be accompanied by a statement of the reasoning behind the proposals.

(1D) The provisions of section 8(2) of this Act shall apply in relation to structure plans submitted to the Secretary of State under this section as they apply in relation to the submission of alterations to structure plans submitted to him under that section.

(2) The said report shall include an estimate of any changes likely to occur , during such period as the planning authority consider appropriate, in the matters mentioned in section 4(3) of this Act.

(3) The structure plan for any district shall be a written statement—

(a) formulating the . . . planning authority’s policy and general proposals in respect of the development and other use of land in that district (including measures for the conservation of the natural beauty and amenity of the land, the improvement of the physical environment and the management of traffic);

(b) stating the relationship of those proposals to general proposals for the development and other use of land in neighbouring districts which may be expected to affect that district; and

(4) In formulating their policy and general proposals under subsection (3)(a) of this section, the . . . planning authority shall secure that the policy and proposals are justified by the results of their survey under section 4 of this Act and by any other information which they may obtain and shall have regard—

(a) to current policies with respect to the economic planning and development of the region as a whole;

(b) to the resources likely to be available for the carrying out of the proposals of the structure plan . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A structure plan for any district shall contain or be accompanied by such diagrams, illustrations and descriptive matter as the . . . planning authority think appropriate for the purpose of explaining or illustrating the proposals in the plan, or as may be prescribed . . .; and any such diagrams, illustrations and descriptive matter shall be treated as forming part of the plan.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publicity in connection with preparation of structure plans

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(1) When preparing a structure plan for their district and before finally determining its content for submission to the Secretary of State, the . . . planning authority shall take such steps as will in their opinion secure—

(a) that adequate publicity is given in their district to the report of the survey under section 4 of this Act and to the matters which they propose to include in the plan;

(b) that persons who may be expected to desire an opportunity of making representations to the authority with respect to those matters are made aware that they are entitled to an opportunity of doing so; and

and the authority shall consider any representations made to them within the prescribed period.

(1A) Where authorities submit alternative proposals in relation to particular matters to the Secretary of State under section 5(1B) of this Act, their duty under subsection (1) above is to secure that adequate publicity is given in each of their districts to all the matters which either or any of them propose to include in the plan.

(2) Not later than the submission of a structure plan to the Secretary of State, the . . . planning authority shall make copies of the plan as submitted to the Secretary of State available for inspection at their office and at such other places as may be prescribed; and each copy shall be accompanied by a statement of the time within which objections to the plan may be made to the Secretary of State.

(3) A structure plan submitted by the . . . planning authority to the Secretary of State for his approval shall be accompanied by a statement containing such particulars, if any, as may be prescribed—

(a) of the steps which the authority have taken to comply with subsection (1) of this section; and

(b) of the authority’s consultations with, and consideration of the views of, other persons with respect to those matters.

(4) If after considering the statement submitted with, and the matters included in, the structure plan and any other information provided by the . . . planning authority, the Secretary of State is satisfied that the purposes of paragraphs (a) to (c) of subsection (1) of this section have been adequately achieved by the steps taken by the authority in compliance with that subsection, he shall proceed to consider whether to approve the structure plan; and if he is not so satisfied, he shall return the plan to the authority and direct them—

(a) to take such further action as he may specify in order better to achieve those purposes; and

(b) after doing so, to resubmit the plan with such modifications, if any, as they then consider appropriate and, if so required by the direction, to do so within a specified period.

(5) Where the Secretary of State returns the structure plan to the . . . planning authority under subsection (4) of this section, he shall inform the authority of his reasons for doing so and, if any person has made to him an objection to the plan, shall also inform that person that he has returned the plan.

(6) A . . . planning authority who are given directions by the Secretary of State under subsection (4) of this section shall forthwith withdraw the copies of the plan made available for inspection as required by subsection (2) of this section.

(7) Subsections (2) to (6) of this section shall apply, with the necessary modifications, in relation to a structure plan resubmitted to the Secretary of State in accordance with directions given by him under subsection (4) as they apply in relation to the plan as originally submitted.

Approval or rejection of structure plan by Secretary of State

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(1) The Secretary of State may, after considering a structure plan (including any alternative proposals included in the plan by virtue of section 5(1B) of this Act) submitted (or resubmitted) to him, either approve it (in whole or in part and with or without modifications or reservations) or reject it.

(2) In considering any such plan the Secretary of State may take into account any matters which he thinks are relevant, whether or not they were taken into account in the plan as submitted to him.

(3) Where on taking any such plan into consideration the Secretary of State does not determine then to reject it, he shall, before determining whether or not to approve it—

(a) consider any objections to the plan, so far as they are made in accordance with regulations under this Part of this Act, and

(b) if, but only if, it appears to him that an examination in public should be held of any matter affecting his consideration of the plan, cause a person or persons, appointed by him for the purpose, to hold such an examination.

(4) The Secretary of State may make regulations with respect to the procedure to be followed at any examination under subsection (3) of this section.

(5) The Secretary of State shall not be required to secure to any planning authority or other person a right to be heard at any examination under the said subsection (3), and the bodies and persons who may take part therein shall be such only as he may, whether before or during the course of the examination, in his discretion invite to do so:

(6) An examination under subsection (3)(b) of this section shall constitute a statutory inquiry for the purposes of section 1(1)(c) of the Tribunals and Inquiries Act 1992, but shall not constitute such an inquiry for any other purpose of that Act.

(7) On considering a structure plan the Secretary of State may consult with, or consider the views of, any planning authority or other person, but shall not be under any obligation to do so.

(8) On exercising his powers under subsection (1) of this section in relation to any structure plan, the Secretary of State shall give such statement as he considers appropriate of the reasons governing his decision.

Alteration of structure plans

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(1) At any time after the approval of a structure plan for their district a . . . planning authority may submit to the Secretary of State and shall, if so directed by the Secretary of State, submit to him within a period specified in the direction, proposals for such alterations to that plan (which may include proposals for repeal and replacement) as appear to them to be expedient or as the Secretary of State may direct, as the case may be, and any such proposals may relate to the whole or to part of that district . . .

(2) The . . . planning authority shall send with the proposals submitted by them under this section a report of the results of their review of the relevant matters under section 4 of this Act together with any other information on which the proposals are based, and sections 6 (2) and 7 of this Act shall apply, with any necessary modifications, in relation to the proposals as they apply in relation to a structure plan.

(3) Before a planning authority submit proposals under this section they shall give such publicity (if any) to, and undertake such consultation (if any) about, the said proposals as they think fit, and shall consider any representations timeously made to them about such proposals.

(4) The planning authority shall send with any proposals submitted by them under this section a statement of the steps they have taken to comply with subsection (3) above and, if they have not publicised or have not consulted under that subsection, the statement shall explain the absence of such publicity or as the case may be consultation.

(5) If the Secretary of State is not satisfied with the steps taken by the planning authority to comply with subsection (3) above, or as the case may be if he is not satisfied with the terms of any explanation provided by them under subsection (4) above, he may return the proposals to the authority, and may direct them—

(a) to take such steps or further steps as he may specify; and

(b) after they have done so, to resubmit the proposals with such modification, if any, as they consider appropriate.

(6) Where, under subsection (5) above, the Secretary of State returns proposals, he shall inform the authority of his reasons for doing so and, if any person has made to him an objection to the proposals, shall also inform that person that he has returned the proposals.

(7) A planning authority who are given directions under subsection (5) of this section shall forthwith withdraw the copies which have, under section 6(2) of this Act (as applied by subsection (2) above) been made available for inspection.

(8) The said section 6(2) and subsections (3) to (7) above shall apply, in relation to proposals resubmitted in accordance with directions given under subsection (5) above, as they apply in relation to proposals submitted under subsection (1) above.

Local plans

Preparation of local plans

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(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) Every planning authority shall prepare local plans for all parts of their district, and two or more planning authorities may make a joint local plan extending to parts of each of their districts.

(3) A local plan shall consist of a map and a written statement and shall—

(a) formulate in such detail as the authority think appropriate the authority’s proposals for the development and other use of land in that part of their district or for any description of development or other use of such land (including in either case such measures as the authority think fit for the conservation of the natural beauty and amenity of the land, the improvement of the physical environment and the management of traffic); and

(b) contain such matters as may be prescribed . . ..

(4) Different local plans may be prepared for different purposes for the same part of any district.

(4A) It shall be the duty of the planning authority—

(a) for the purpose of preparing a local plan, to institute a survey of their district or any part thereof, in so far as they have not already done so, taking into account the matters which the authority think necessary for the formulation of their proposals, and

(b) to keep those matters under review during and after the preparation of the local plan.

(5) A local plan shall contain, or be accompanied by, such diagrams, illustrations and descriptive matter as the . . . planning authority think appropriate for the purpose of explaining or illustrating the proposals in the plan, or as may be prescribed . . .; and any such diagrams, illustrations and descriptive matter shall be treated as forming part of the plan.

(6) Where an area is indicated as an action area in a structure plan which has been approved by the Secretary of State, the . . . planning authority shall (if they have not already done so), as soon as practicable after the approval of the plan, prepare a local plan for that area.

(7) Without prejudice to the preceding provisions of this section, the . . . planning authority shall, if the Secretary of State gives them a direction in that behalf with respect to a part of a district for which a structure plan has been, or is in course of being, prepared as soon as practicable prepare for that part a local plan of such nature as may be specified in the direction.

(8) Directions under subsection (7) of this section may be given by the Secretary of State only before he approves the structure plan . . ..

(9) In formulating their proposals in a local plan the . . . planning authority shall secure that where a structure plan has been prepared under section 5 of this Act the proposals conform generally to the structure plan as it stands for the time being (whether or not it has been approved by the Secretary of State) and shall have regard to any information and any other considerations which appear to them to be relevant, or which may be prescribed . . ..

(10) Before giving a direction under the preceding provisions of this section to a . . . planning authority, the Secretary of State shall consult the authority with respect to the proposed direction.

(11) Where a . . . planning authority are required by this section to prepare a local plan, they shall take steps for the adoption of the plan.

Publicity in connection with preparation of local plans

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(1) A . . . planning authority who propose to prepare a local plan shall take such steps as will in their opinion secure—

(a) that adequate publicity is given in their district to any relevant matter arising out of a survey of the district or part of the district carried out under sections 4 or 9 of this Act and to the matters proposed to be included in the plan;

(b) that persons who may be expected to desire an opportunity of making representations to the authority with respect to those matters are made aware that they are entitled to an opportunity of doing so; and

and the authority shall consider any representations made to them within the prescribed period.

(2) When the . . . planning authority have prepared a local plan, they shall, before adopting it or submitting it for approval under section 12(4) of this Act . . . , make copies of the local plan available for inspection at their office and at such other places as appear to them to be appropriate and send a copy to the Secretary of State; and each copy made available for inspection shall be accompanied by a statement of the time within which objections to the local plan may be made to the authority.

(3) A copy of a local plan sent to the Secretary of State , or made available for inspection, under subsection (2) of this section shall be accompanied by a statement containing such particulars, if any, as may be prescribed—

(a) of the steps which the authority have taken to comply with subsection (1) of this section; and

(b) of the authority’s consultations with, and their consideration of the views of, other persons.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inquiries, etc. with respect to local plans

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(1) For the purpose of considering objections made to a local plan the . . . planning authority may, and shall if in the case of objections so made in accordance with regulations under this Act an objector so requires, cause a local inquiry or other hearing to be held by a person appointed by the Secretary of State or, in such cases as may be prescribed by regulations under this Act, by the authority themselves, and—

(a) subsections (4) to (6) of section 267 of this Act shall apply to an inquiry held under this section as they apply to an inquiry held under that section;

(b) the Tribunals and Inquiries Act 1992 shall apply to a local inquiry or other hearing held under this section as it applies to a statutory inquiry held by the Secretary of State, but as if in section 10(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by a local authority.

(1A) The planning authority shall—

(a) where a person appointed under or by virtue of this section is in the public service of the Crown, pay the Secretary of State; and

(b) in any other case, pay the person so appointed,

a sum, determined in accordance with regulations under subsection (1B) below, in respect of the performance by the person so appointed of his functions in relation to the inquiry or hearing (whether or not it takes place).

(1B) Regulations made by the Secretary of State may make provision with respect to the determination of the sum referred to in subsection (1A) above and may in particular prescribe, in relation to any class of person appointed under or by virtue of this section, a standard daily amount applicable in respect of each day on which a person of that class is engaged in holding, or in work connected with, the inquiry or hearing.

(1C) Without prejudice to the generality of subsection (1B) above, the Secretary of State may, in prescribing by virtue of that subsection a standard daily amount for any class of person—

(a) where the persons of that class are in the public service of the Crown, have regard to the general staff costs and overheads of his department; and

(b) in any other case, have regard to the general administrative costs incurred by persons of that class in connection with the performance by them of their functions in relation to such inquiries and hearings.

(2) Regulations made for the purposes of subsection (1) of this section may—

(a) make provision with respect to the appointment and qualifications for appointment of persons to hold a local inquiry or other hearing under that subsection, including provision enabling the Secretary of State to direct a . . . planning authority to appoint a particular person, or one of a specified list or class of persons;

(b) make provision with respect to the . . . allowances of a person appointed for the said purpose.

Adoption and approval of local plans

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(1) After the expiry of the period afforded for making objections to a local plan or, if such objections have been duly made during that period, after considering the objections so made, the . . . planning authority may, subject to . . . subsections (2), (2A), (2B) and (3) of this section, by resolution adopt the plan either as originally prepared or as modified so as to take account of —

(a) any such objections (whether or not they have been the subject of a local inquiry or other hearing);

(b) any matters arising out of such objections; or

(2) Where for any area the Secretary of State has approved a structure plan under section 7 of this Act the planning authority shall not adopt a local plan unless it conforms . . . to that structure plan.

(2A) After copies of a local plan have been sent to the Secretary of State and before it has been adopted by the planning authority, the Secretary of State may, if it appears to him that any part of it is unsatisfactory, and without prejudice to his power to make a direction under subsection (3) below, direct the authority to consider modifying the plan in such respects as are indicated in the direction.

(2B) An authority to whom a direction is given shall not adopt the plan unless they satisfy the Secretary of State that they have made the modifications necessary to confirm with the direction or the direction is withdrawn.

(3) After copies of a local plan have been sent to the Secretary of State and before the plan has been adopted by the . . . planning authority, the Secretary of State may direct that the plan shall not have effect unless approved by him.

(4) Where the Secretary of State gives a direction under subsection (3) of this section, the planning authority shall submit the plan accordingly to him for his approval, and—

(a) the Secretary of State may, after considering the plan, either approve it (in whole or in part and with or without modifications or reservations) or reject it;

(b) in considering the plan, the Secretary of State may take into account any matters which he thinks are relevant, whether or not they were taken into account in the plan as submitted to him;

(c) subject to paragraph (d) of this subsection, where on taking the plan into consideration the Secretary of State does not determine then to reject it, he shall, before determining whether or not to approve it—

(i) consider any objections to the plan, so far as they are made in accordance with regulations under this Part of this Act;

(ii) afford to any persons whose objections so made are not withdrawn an opportunity of appearing before, and being heard by, a person appointed by him for the purpose; and

(iii) if a local inquiry or other hearing is held, also afford the like opportunity to the authority and such other persons as he thinks fit;

(d) before deciding whether or not to approve the plan the Secretary of State shall consider any objections thereto which have been considered by the authority, but he shall not be obliged to cause an inquiry or other hearing to be held into the plan if any such inquiry or hearing has already been held at the instance of the authority;

(e) without prejudice to paragraph (c) of this subsection, on considering the plan the Secretary of State may consult with, or consider the views of, any planning authority or other persons, but shall not be under an obligation to consult with, or consider the views of, any other authority or persons, or except as provided by that paragraph, to afford an opportunity for the making of any objections or other representations, or to cause any local inquiry or other hearing to be held; and

(f) after the giving of the direction the authority shall have no further power or duty to hold a local inquiry or other hearing under section 11 of this Act in connection with the plan.

Alteration of local plans

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(1) A planning authority shall keep under review any local plan adopted by them, or approved by the Secretary of State, and may at any time make proposals for the alteration, repeal or replacement of such plan; and any such proposals may include proposals for the repeal of two or more local plans and their replacement with one local plan:

(2) Without prejudice to subsection (1) of this section, a . . . planning authority shall, if before the Secretary of State approves the structure plan for their district he gives them a direction in that behalf with respect to a local plan adopted by them or approved by him, as soon as practicable prepare proposals of a kind specified in the direction, being proposals for the alteration, repeal or replacement of the local plan.

(3) Subject to subsection (4) below The provisions of sections 9(9) to (11), 10, 11 and 12 of this Act shall apply in relation to the making of proposals for the alteration, repeal or replacement of a local plan under this section, and to alterations to a local plan so proposed, as they apply in relation to the preparation of a local plan under section 9 of this Act and to a local plan prepared thereunder, . . . .

(4) If a planning authority do not consider it appropriate to take the steps required by section 10(1) of this Act in relation to proposals made by them under subsection (1) of this section for alteration of a local plan, they may instead include, with the copies of those proposals made available for inspection and with the copy sent to the Secretary of State under section 10(2) of this Act, a statement of their reasons for not taking such steps.

(5) In carrying out their duty under subsection (1) above the authority shall have regard to any structure plan approved for the area by the Secretary of State.

Supplementary provisions

Disregarding of representations with respect to development authorised by or under other enactments

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Notwithstanding anything in the preceding provisions of this Act, neither the Secretary of State nor a . . . planning authority shall be required to consider representations or objections with respect to a structure plan, a local plan or any proposal to alter, repeal or replace any such plan if it appears to the Secretary of State or the authority, as the case may be, that those representations or objections are in substance representations or objections with respect to things done or proposed to be done in pursuance of—

(a) an order or scheme under section 5, 7, 9 or 12 of the Roads (Scotland) Act 1984 (trunk road orders, special road schemes and ancillary orders);

(b) an order under section 1 of the New Towns Act 1946 or section 1 of the New Towns (Scotland) Act 1968 (designation of sites of new towns).

Default powers of Secretary of State

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(1) Where, by virtue of any of the preceding provisions of this Part of this Act, . . . any survey is required to be carried out, or any structure or local plan or proposals for the alteration, repeal or replacement thereof are required to be prepared or submitted to the Secretary of State, or steps are required to be taken for the adoption of any such plan or proposals, then—

(a) if at any time the Secretary of State is satisfied . . . that the . . . planning authority are not . . . taking the steps necessary to enable them to submit or adopt such a plan or proposals within a reasonable period; or

(b) in a case where a period is specified for the submission or adoption of any such plan or proposals, if no such plan or proposals have been submitted or adopted within that period,

the Secretary of State may direct the planning authority to carry out their functions in relation to the matters mentioned in this subsection and may specify in the direction the factors to be taken into account or objectives to be achieved by the planning authority in so doing, or the Secretary of State may carry out a survey in accordance with the provisions of section 4 of this Act or prepare and make a structure plan or local plan or, as the case may be, alter repeal or replace it, as he thinks fit.

(2) Where under subsection (1) of this section the Secretary of State has power to do anything which should have been done by a . . . planning authority, he may, if he thinks fit, authorise any other . . . planning authority who appear to the Secretary of State to have an interest in the proper planning of the district of the first-mentioned authority to do that thing.

(2A) Where under subsection (1) of this section the Secretary of State has power to do anything which should have been done by a planning authority acting jointly with another planning authority or authorities, he may, if he thinks fit, authorise one of those authorities to do that thing on behalf of both or all of them.

(3) Where under this section anything which ought to have been done by a . . . planning authority is done by the Secretary of State or another such authority, the preceding provisions of this Part of this Act shall, so far as applicable, apply with any necessary modifications in relation to the doing of that thing by the Secretary of State and the latter authority and the thing so done.

(4) Where the Secretary of State incurs expenses under this section in connection with the doing of anything which should have been done by a . . . planning authority, so much of those expenses as may be certified by the Secretary of State to have been incurred in the performance of functions of that authority shall on demand be repaid by that authority to the Secretary of State.

(5) Where under this section anything which should have been done by one . . . planning authority is done by another such authority, any expenses reasonably incurred in connection with the doing of that thing by the latter authority, as certified by the Secretary of State, shall be repaid to the latter authority by the former authority.

Supplementary provisions as to structure and local plans

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(1) Without prejudice to the powers conferred on him by the preceding provisions of this Part of this Act, the Secretary of State may make regulations with respect to the form and content of structure and local plans and with respect to the procedure to be followed in connection with their preparation, submission, withdrawal, approval, adoption, making, alteration, modification, repeal and replacement; and in particular any such regulations may—

(a) provide for the publicity to be given to the report of any survey carried out by a . . . planning authority under section 4 of this Act;

(b) provide for the notice to be given of, or the publicity to be given to, matters included or proposed to be included in any such plan, and the approval, adoption or making of any such plan or any alteration, modification, repeal or replacement thereof or to any other prescribed procedural step, and for publicity to be given to the procedure to be followed as aforesaid;

(c) make provision with respect to the making and consideration of representations with respect to matters to be included in, or objections to, any such plan or proposals for its alteration, modification, repeal or replacement;

(d) without prejudice to paragraph (b) of this subsection, provide for notice to be given to particular persons of the approval, adoption, modification or alteration of any plan, if they have objected to the plan and have notified the . . . planning authority of their wish to receive notice, subject (if the regulations so provide) to the payment of a reasonable charge for receiving it;

(e) require or authorise a . . . planning authority to consult with, or consider the views of, other persons before taking any prescribed procedural step;

(f) require a . . . planning authority, in such cases as may be prescribed or in such particular cases as the Secretary of State may direct, to provide persons making a request in that behalf with copies of any plan or document which has been made public for the purpose mentioned in section 6(1)(a) or 10(1)(a) of this Act or has been made available for inspection under section 6(2) or 10(2) of this Act, subject (if the regulations so provide) to the payment of a reasonable charge therefor;

(g) provide for the publication and inspection of any structure plan or local plan which has been approved, adopted or made, or any document approved, adopted or made altering, repealing or replacing any such plan, and for copies of any such plan or document to be made available on sale.

(2) Regulations under this section may extend throughout Scotland or to specified areas only and may make different provisions for different cases.

(3) Subject to the preceding provisions of this Part of this Act and to any regulations under this section, the Secretary of State may give directions to any . . . planning authority, or to . . . planning authorities generally,—

(a) for formulating the procedure for the carrying out of their functions under this Part of this Act;

(b) for requiring them to give him such information as he may require for carrying out any of his functions under this Part of this Act.

(4) Subject to the provisions of section 231 of this Act, a structure plan or local plan or any alteration, repeal or replacement thereof shall become operative on a date appointed for the purpose in the relevant notice of approval, resolution of adoption or notice of the making, alteration, repeal or replacement of the plan.

Meaning of "development plan "

17

(1) For the purposes of this Act, any other enactment relating to town and country planning and the Land Compensation (Scotland) Act 1963, the development plan for any area (whether the whole or part of the district of a . . . planning authority) shall be taken as consisting of—

(a) the provisions of the structure plan for the time being in force for that district or the relevant part of that district, together with the Secretary of State’s notice of approval of the plan;

(b) any alterations to that plan, together with the Secretary of State’s notices of approval thereof;

(c) any provisions of a local plan for the time being applicable to the area, together with a copy of the authority’s resolution of adoption or, as the case may be, the Secretary of State’s notice of approval of the local plan; and

(d) any alterations to that local plan, together with a copy of the authority’s resolutions of adoption or, as the case may be, the Secretary of State’s notices of approval thereof.

(2) References in subsection (1) of this section to the provisions of any plan, notices of approval, alterations and resolutions of adoption shall, in relation to an area forming part of the district to which they are applicable, be respectively construed as references to so much of those provisions, notices, alterations and resolutions as is applicable to the area.

(3) References in subsections (1) and (2) of this section to notices of approval shall in relation to any plan or alteration made by the Secretary of State under section 15 of this Act be construed as references to notices of the making of the plan or alteration.

(4) This section has effect subject to Schedule 5 and Part I of Schedule 21 to this Act.

(5) For the avoidance of doubt it is provided that, notwithstanding—

(a) any changes made to local government areas by the Local Government etc. (Scotland) Act 1994; and

(b) any alterations to structure plan areas made by orders under section 4A of this Act,

the structure plans and local plans made prior to the coming into force of the provisions mentioned in paragraphs (a) and (b) above shall remain in force until replaced by new plans made under or by virtue of those provisions.

Commencement of Part II and interim provisions

18

(1) The preceding provisions of this Part of this Act (other than section 16 and except so far as they enable any matter or thing to be prescribed), and Part I of Schedule 21 to this Act, shall come into operation on a day appointed by an order made by the Secretary of State.

(2) Schedules 3 and 4 to this Act shall have effect as respects any area, until (a) a structure plan relating to that area has been ap- proved under section 7 of this Act or (b) a local plan for that area has been adopted or approved under section 12 of this Act or (c) they are repealed by an order made by the Secretary of State.

(3) Schedule 5 to this Act shall have effect as respects the transition from the said Schedules 3 and 4 to the preceding provisions of this Part of this Act.

(4) Different days may be appointed under this section for different purposes and, in particular, different days may be so appointed for the coming into operation or repeal of the same provisions in different areas.

(5) Any reference in this Part of this Act to the commencement of any provision thereof shall be construed as a reference to the day appointed for the coming into operation of that provision or, in the case of a provision which comes into operation on different days in different areas, shall, in relation to any area, be construed as a reference to the day appointed for the coming into operation of that provision in that area.

(6) An order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into operation or repealed, including such adaptation of those provisions or of any other provision of this Act then in force as appears to him to be necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).

(7) The Secretary of State shall maintain and keep up to date a register showing the effect of orders made under this section in such a way as enables members of the public to inform themselves—

(a) as to the provisions which have come, or are to be brought, into operation or have been, or are to be, repealed, and on which dates and in relation to which areas; and

(b) as to whether, in the case of a particular area, any transitional provision has been made by such an order.

(8) The register maintained under this section by the Secretary of State shall be kept at his principal offices in Edinburgh and shall be available for inspection by the public at all reasonable hours.

Part III — General Planning Control

Meaning of development and requirement of planning permission

Meaning of " development" and "new development"

19

(1) In this Act, except where the context otherwise requires, “development”, subject to the following provisions of this section, means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.

(1A) For the purposes of this Act “building operations” includes—

(a) demolition of buildings;

(b) rebuilding;

(d) other operations normally undertaken by a person carrying on business as a builder.

(2) The following operations or uses of land shall not be taken for the purposes of this Act to involve development of the land, that is to say—

(a) the carrying out of works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not materially affect the external appearance of the building and (in either case) are not works for making good war damage or works begun after 7th December, 1969 for the alteration of a building by providing additional space therein below ground;

(b) the carrying out by a local roads authority of any works required for the maintenance or improvement of a road, being works carried out on land within the boundaries of the road;

(c) the carrying out by a local authority or statutory undertakers of any works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including the breaking open of any road or other land for that purpose;

(d) the use of any buildings or other land within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse as such;

(e) the use of any land for the purposes of agriculture or forestry (including afforestation) and the use for any of those purposes of any building occupied together with land so used;

(f) in the case of buildings or other land which are used for a purpose of any class specified in an order made by the Secretary of State under this section, the use of the buildings or other land or, subject to the provisions of the order, of any part thereof for any other purpose of the same class.

(g) the demolition of any description of building specified in a direction given by the Secretary of State to planning authorities generally or to a particular planning authority.

(3) For the avoidance of doubt it is hereby declared that for the purposes of this section—

(a) the use as two or more separate dwellinghouses of any building previously used as a single dwellinghouse involves a material change in the use of the building and of each part thereof which is so used;

(b) the deposit of refuse or waste materials on land involves a material change in the use thereof, notwithstanding that the land is comprised in a site already used for that purpose, if either the superficial area of the deposit is thereby extended, or the height of the deposit is thereby extended and exceeds the level of the land adjoining the site.

(3A) For the purposes of this Act mining operations include—

(a) the removal of material of any description—

(i) from a mineral-working deposit;

(ii) from a deposit of pulverised fuel ash or other furnace ash or clinker; or

(iii) from a deposit of iron, steel or other metallic slags; and

(b) the extraction of minerals from a disused railway embankment.

(3B) Where the placing or assembly of any tank in any part of any inland waters for the purpose of fish farming there would not, apart from this subsection, involve development of the land below, this Act shall have effect as if the tank resulted from carrying out engineering operations over that land; and in this subsection—

“fish farming” means the breeding, rearing or keeping of fish or shellfish (which includes any kind of crustacean or mollusc);

“inland waters” means waters which do not form part of the sea or of any creek, bay or estuary or of any river as far as the tide flows; and

“tank” includes any cage and any other structure for use in fish farming.

(4) Without prejudice to any regulations made under the provisions of this Act relating to the control of advertisements, the use for the display of advertisements of any external part of a building which is not normally used for that purpose shall be treated for the purposes of this section as involving a material change in the use of that part of the building.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Development requiring planning permission

20

(1) Subject to the provisions of this section, planning permission is required for the carrying out of any development of land.

(2) Where on 1st July 1948 (in this Act referred to as “the appointed day”) land was being temporarily used for a purpose other than the purpose for which it was normally used, planning permission is not required for the resumption of the use of the land for the last-mentioned purpose before 8th December 1969.

(3) Where on the appointed day land was normally used for one purpose and was also used on occasions, whether at regular intervals or not, for another purpose, planning permission is not required—

(a) in respect of the use of the land for that other purpose on similar occasions before 8th December 1969; or

(b) in respect of the use of the land for that other purpose on similar occasions on or after that date if the land has been used for that other purpose on at least one similar occasion since the appointed day and before the beginning of 1969.

(4) Where land was unoccupied on the appointed day, but had before that day been occupied at some time on or after 7th January 1937, planning permission is not required in respect of any use of the land begun before 8th December 1969 for the purpose for which the land was last used before the appointed day.

(5) Where planning permission to develop land has been granted for a limited period, planning permission is not required for the resumption, at the end of that period, of the use of the land for the purpose for which it was normally used before the permission was granted.

(6) In determining, for the purposes of subsection (5) of this section, what were the purposes for which land was normally used before the grant of planning permission, no account shall be taken of any use of the land begun in contravention of the provisions of this Part of this Act or in contravention of previous planning control.

(7) Notwithstanding anything in subsections (2) to (4) of this section, the use of land as a caravan site shall not, by virtue of any of those subsections, be treated as a use for which planning permission is not required, unless the land was so used on one occasion at least during the period of two years ending with 9th March 1960.

(8) Where by a development order planning permission to develop land has been granted subject to limitations, planning permission is not required for the use of that land which (apart from its use in accordance with that permission) is the normal use of that land, unless the last-mentioned use was begun in contravention of the provisions of this Part of this Act or in contravention of previous planning control.

(9) Where an enforcement notice has been served in respect of any development of land, planning permission is not required for the use of that land for the purpose for which (in accordance with the provisions of this Part of this Act) it could lawfully have been used if that development had not been carried out.

(10) For the purposes of this section a use of land shall be taken to have been begun in contravention of previous planning control if it was begun in contravention of the provisions of Part II of the Act of 1947.

Development orders

21

(1) The Secretary of State shall by regulations under this Act or by order provide for the granting of planning permission.

(2) An order under this section (in this Act referred to as a “development order”) may itself grant planning permission for development specified in the order, or for development of any class so specified, and may be made either—

(a) as a general order applicable, except so far as it otherwise provides, to all land, but which may make different provision with respect to different descriptions of land; or

(b) as a special order applicable only to such land or descriptions of land as may be specified in the order.

(3) In respect of development for which planning permission is not granted by a development order, regulations under this Act or an order may provide for the granting of planning permission by the planning authority (or, in the cases hereinafter provided for, by the Secretary of State) on an application in that behalf made to the planning authority in accordance with the regulations or the order.

(4) Planning permission granted by a development order may be granted either unconditionally or subject to such conditions or limitations as may be specified in the order.

(5) Without prejudice to the generality of subsection (4) of this section—

(a) where planning permission is granted by a development order for the erection, extension or alteration of any buildings, the order may require the approval of the. . . planning authority to be obtained with respect to the design or external appearance of the buildings;

(b) where planning permission is granted by a development order for development of a specified class, the order may enable the Secretary of State or the. . . planning authority to direct that the permission shall not apply either in relation to development in a particular area or in relation to any particular development.

(6) Any provision of a development order whereby permission is granted for the use of land for any purpose on a limited number of days in a period specified in that provision shall (without prejudice to the generality of references in this Act to limitations) be taken to be a provision granting permission for the use of land for any purpose subject to the limitation that the land shall not be used for any one purpose in pursuance of that provision on more than that number of days in that period.

(7) For the purpose of enabling development to be carried out in accordance with planning permission, or otherwise for the purpose of promoting proper development in accordance with the development plan, a development order may direct that any enactment passed before 13th August 1947 or any regulations, orders or byelaws made at any time under any such enactment, shall not apply to any development specified in the order, or shall apply thereto subject to such modifications as may be so specified.

Applications for planning permission

Form and content of applications

22

(0) Any application to a. . . planning authority for planning permission shall be made in such manner as may be prescribed by regulations under this Act or by a development order, and shall include such particulars, and be verified by such evidence, as may be required by—

(a) the regulations; or

(b) the development order; or

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publication of notices of applications

23

(1) Subject to subsection (2) below, regulations under this Act ora development order may provide, either in relation to applications generally or in relation to applications of a class or classes prescribed in the order, that—

(a) any such application shall have been notified to such persons or classes of person, and in such manner, as may be so prescribed;

(b) any such application shall have been advertised, either in a local newspaper or on the land to which the application relates, or both, in such a manner and for such a period or on such a number of occasions as may be so prescribed;

(c) any newspaper advertisement required by virtue of paragraph (b) above shall be placed by the planning authority to whom the application is made;

(d) the planning authority may recover from the applicant the cost incurred by them in arranging any such advertisement;

(e) any such application shall be accompanied by such certificates as to compliance with the requirements of provisions made under paragraphs (a) and (b) above as may be so prescribed;

(f) the applicant shall furnish, at such time and to such persons as may be so prescribed, such information with respect to the application as may be so prescribed;

(g) no such application shall be entertained unless such further conditions as to payment as may be so prescribed have been complied with;

(h) no such application shall be determined until after the expiry of any period which may be so prescribed.

(2) The applications mentioned in subsection (1) above are—

(a) applications for planning permission;

(b) applications for an approval required by a development order; or

(c) applications for any consent, agreement or approval required by a condition imposed on a grant of planning permission.

(3) If any person knowingly or recklessly—

(a) issues a notification; or

(b) makes advertisement (other than newspaper advertisement); or

which purports to comply with provisions made under subsection (1) above but which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(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) Proceedings for an offence under this section may be brought at any time within the period of two years following the commission of the offence.

Notification of applications to owners and agricultural tenants

24

(1) A development order or regulations under this Act 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 twenty-one days ending with the date of the application was—

(i) the owner of, or

(ii) the tenant of any agricultural holding 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) A development order or such regulations may require an applicant for planning permission to certify, in such form as may be prescribed by the order or the regulations, or to provide evidence, that any requirements of the order or the regulations have been satisfied.

(3) A development order or such regulations 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 holding” has the same meaning as in the Agricultural Holdings (Scotland) Act 1991; 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 seven years; orin the case of such applications as may be prescribed by a development order or by regulations, 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 two years following the commission of the offence.

Publicity for applications affecting conservation areas

25

(1) This section applies where an application for planning permission for any development of land is made to a. . . planning authority and either—

(a) the development would, in the opinion of the authority, affect the character or appearance of a conservation area;. . .

(aa) the development would, in the opinion of the authority, affect the selling of a listed building; or

(b) . . .

(2) The. . . planning authority shall—

(a) publish in a local newspaper circulating in the locality in which the land is situated; and

(b) for not less than seven days display on or near the land,

a notice indicating the nature of the development in question and naming a place within the locality where a copy of the application, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during the period of twenty-one days beginning with the date of publication of the notice under paragraph (a) of this subsection.

(3) The application shall not be determined by the. . . planning authority before both the following periods have elapsed, namely—

(a) the period of twenty-one days referred to in subsection (2) of this section; and

(b) the period of twenty-one days beginning with the date on which the notice required by that subsection to be displayed was first displayed.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination by local planning authorities of applications for planning permission

Determination of applications

26

(1) Subject to the provisions of sections 23 to 25 of this Act, and to the following provisions of this Act, where an application is made to a. . . planning authority for planning permission, that authority, in dealing with the application, shall have regard to the provisions of the development plan, so far as material to the application, and to any other material considerations, and—

(a) subject to sections 38 and 39 of this Act, may grant planning permission, either unconditionally or subject to such conditions as they think fit; or

(b) may refuse planning permission.

(2) In determining any application. . . to which section 23 of this Act applies, 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 (1)(h) of that section.

(3) Where an application for planning permission is accompanied by such a certificate as is mentioned in subsection (1)(b) or (3) of section 24 of this Act a development order or regulations under this Act 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.

(3A) A development order or regulations making any provision by virtue of this section may make different provision for different cases or different classes of development.

(4) In determining any application for planning permission to which section 25 of this Act applies, the. . . planning authority shall take into account any representations relating to the application which are received by them before the periods mentioned in subsection (3) of that section have elapsed.

(4A) When granting an application for planning permission as regards any building or premises in relation to which a duty is imposed by any of sections 4, 5 and 7 to 8A of the Chronically Sick and Disabled Persons Act 1970 (facilities at premises open to the public to include, where reasonable and practicable, provision for the needs of the disabled etc.) the planning authority shall ensure that the applicant is aware of such duty.

(5) Before a. . . planning authority grant planning permission for the use of land as a caravan site, they shall, unless they are also the authority having power to issue a site licence for that land, consult the local authority having that power.

(6) In this section “site licence” means a licence under Part I of the Caravan Sites and Control of Development Act 1960 authorising the use of land as a caravan site and “owner” and “agricultural holding” have the same meanings as in section 24 of this Act.

Conditional grant of planning permission

27

(1) Without prejudice to the generality of section 26(1) of this Act, conditions may be imposed on the grant of planning permission thereunder—

(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:

(2) Subject to section 41A(6) of this Act, any planning permission granted subject to such a condition as is mentioned in subsection (1)(b) of this section is in this Act referred to as “planning permission granted for a limited period”.

(3) 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 (not being a condition attached to the planning permission by or under section 38 or 39 of this Act); 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.

Directions etc. as to method of dealing with applications

28

(1) . . . Provision may be made by regulations under this Act 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;

(b) for authorising the. . . planning authority, in such cases and subject to such conditions as may be prescribed by such regulations or the order, or by directions given by the Secretary of State thereunder, to grant planning permission for development which does not accord with the provisions of the development plan;

(c) for requiring the. . . planning authority, before granting or refusing planning permission for any development, to consult with such authorities or persons as may be prescribed by such regulations or the order or by directions given by the Secretary of State thereunder;

(d) for requiring the. . . planning authority to give to any applicant for planning permission, within such time as may be prescribed by such regulations or the order, such notice as may be so prescribed as to the manner in which his application has been dealt with;

(dd) 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;

(e) for requiring the. . . planning authority to give to the Secretary of State and to such other persons as may be prescribed by or under such regulations or the order, 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.

(2) The provisions of paragraphs (d) and (e) of subsection (1) above shall apply in relation to applications for an approval required by regulations under this Act ora development order as they apply in relation to applications for planning permission.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Permission to retain buildings or works or continue use of land

29

(1) On an application made to a planning authority, the planning permission which may be granted includes planning permission for development carried out before the date of the application.

(2) Subsection (1) of this section applies to development carried out—

(a) without planning permission;

(b) in accordance with planning permission granted for a limited period; or

(3) Planning permission for such development may be granted so as to have effect from—

(a) the date on which the development was carried out; or

(b) if it was carried out in accordance with planning permission granted for a limited period, the end of that period.

Provisions as to effect of planning permission

30

(1) Without prejudice to the provisions of this Part of this Act 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 therein.

(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; and 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.

Information regarding, and registers of, applications and decisions

31

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Every. . . planning authority shall keep, in such manner as may be prescribed by such regulations or the order, a register containing such information as may be so prescribed with respect to applications for planning permission made to that authority, including information as to the manner in which such applications have been dealt with. . . and also containing such information as may be so prescribed with respect to simplified planning zone schemes relating to zones in the authority’s area.

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Regulations under this Act or a development order make provision for the register to be kept in two or more parts, each part containing such information relating to applications for planning permission made to the authority as may be prescribed by such regulations or the order, and may also make provision—

(a) for a specified part of the register to contain copies of applications and of any plans or drawings submitted therewith; and

(b) for the entry relating to any application, and every thing relating thereto, to be removed from that part of the register when the application (including any appeal arising out of it) has been finally disposed of, without prejudice to the inclusion of any different entry relating thereto 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.

(5) The provisions of this section shall apply in relation to applications for an approval required by such regulations or the order as they apply in relation to applications for planning permission.

Secretary of State’s powers in relation to planning applications and decisions

Reference of applications to Secretary of State

32

(1) The Secretary of State may give directions requiring, any such application as is mentioned in section 23(2) of this Act, to be referred to him instead of being dealt with by. . . planning authorities.

(2) a direction under this section—

(a) may be given either to a particular. . . planning authority or to. . . planning authorities generally; and

(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 this section has effect shall be referred to the Secretary of State accordingly.

(4) Subject to subsection (5) of this section, where an application. . . is referred to the Secretary of State under this section, the following provisions of this Act, that is to say, sections 26(1) to (3A),, 27(1), 27A, 28A and 29 shall apply, with any necessary modifications, as they apply to an application. . . which falls to be determined by the. . . planning authority and regulations under this Act or a development order may apply, with or without modifications, to an application so referred any requirements imposed by such regulations or such an order by virtue of section 23 or 24 of this Act..

(5) Before determining an application referred to him under this section, other than an application for planning permission referred to a Planning Inquiry Commission under section 45 of this Act, the Secretary of State shall, if either the applicant or the. . . planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(6) The decision of the Secretary of State on any application referred to him under this section shall be final.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals against planning decisions

33

(1) Where an application is made to a. . . planning authority

(a) for planning permission to develop land;

(b) for an approval of that authority required under a development order; or

(c) for any consent, agreement or approval of that authority required by a condition imposed on a grant of planning permission,

and that permission, consent, agreement or approval is refused by that authority or is granted by them subject to conditions, the applicant, if he is aggrieved by their decision, may by notice under this section appeal to the Secretary of State.

(2) Any notice under this section shall be served within such time (not being less than twenty-eight days from the date of notification of the decision to which it relates) and in such manner as may be prescribed by regulations under this Act or a development order.

(3) Where an appeal is brought under this section from a decision of a. . . planning authority, the Secretary of State, subject to the following provisions of this section, may allow or dismiss the appeal, or may reverse or vary any part of the decision of the. . . planning authority, whether the appeal relates to that part thereof or not, and may deal with the application as if it had been made to him in the first instance.

(4) Before determining an appeal under this section, other than an appeal referred to a Planning Inquiry Commission under section 45 of this Act, the Secretary of State shall, if either the applicant or the. . . planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(5) Subject to subsection (4) of this section, the following provisions of this Act, that is to say, sections . . . 26(1) to (3A), 27(1) 27A and 28A, 27A and 29 shall apply, with any necessary modifications, in relation to an appeal to the Secretary of State under this section as they apply in relation to an application for planning permission which falls to be determined by the. . . planning authority and regulations under this Act or a development order may apply, with or without modifications, to such an appeal any requirements imposed by regulations or such an order by virtue of section 23 or 24 of this Act.

(6) The decision of the Secretary of State on any appeal under this section shall be final.

(7) If before or during the determination of an appeal under this section 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 26(1), and 27(1) of this Act ,any regulations made under this Act in that regard and of any development order and to any directions given under such regulations or such order, planning permission for that development—

(a) could not have been granted by the. . . planning authority; or

(b) could not have been granted by them otherwise than subject to the conditions imposed by them,

he may decline to determine the appeal or to proceed with the determination.

(7A) If at any time before or during the determination of an appeal under this section 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.

(8) Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section, including appeals under this section as applied by or under any other provision of this Act.

Appeal in default of planning decision

34

Where any such application as is mentioned in section 33(1) of this Act is made to a planning authority, then unless within such period as may be prescribed by regulations under this Act or a development order, or within such extended period as may at any time be agreed upon in writing between the applicant and the. . . planning authority, the. . . planning authority . . . —

(a) give notice to the applicant of their decision on the application; or

(ab) give notice to the applicant that they have exercised their power under section 26A of this Act to decline to determine the application; or

(b) give notice to him that the application has been referred to the Secretary of State in accordance with directions given under section 32 of this Act,

the provisions of section 33 of this Act shall apply in relation to the application as if the permission or approval to which it relates had been refused by the. . . planning authority, and as if notification of their decision had been received by the applicant at the end of the period prescribed by regulations under this Act or a development order, or at the end of the said extended period, as the case may be.

Review of planning decisions where compensation claimed

35

Provisions supplementary to s. 35

36

Deemed planning permission

Development by local authorities and statutory undertakers with sanction of government department

37

(1) Where the sanction of a government department. . . is required by virtue of an enactment in respect of development to be carried out by a local authority, or by statutory undertakers not being a local authority, that department may, on granting that sanction, direct that planning permission for that development shall be deemed to be granted, subject to such conditions (if any) as may be specified in the directions.

(2) The provisions of this Act (except Part XII thereof) shall apply in relation to any planning permission deemed to be granted by virtue of directions under this section as if it had been granted by the Secretary of State on an application referred to him under section 32 of this Act.

(3) For the purposes of this section development shall be taken to be sanctioned by a government department if—

(a) any consent, authority or approval to or for the development is granted by the department in pursuance of an enactment;

(b) a compulsory purchase order is confirmed by the department authorising the purchase of land for the purpose of the development;

(c) consent is granted by the department to the appropriation of land for the purpose of the development or the acquisition of land by agreement for that purpose;

(d) authority is given by the department for the borrowing of money for the purpose of the development, or for the application for that purpose of any money not otherwise so applicable; or

(e) any undertaking is given by the department to pay a grant in respect of the development in accordance with an enactment authorising the payment of such grants,

and references in this section to the sanction of a government department shall be construed accordingly.

Duration of planning permission

Limit of duration of planning permission

38

(1) Subject to the provisions of this section, every planning permission granted or deemed to be granted shall be granted or, as the case may be, be deemed to be granted, subject to the condition that the development to which it relates must be begun not later than the expiration of—

(a) five years beginning with the date on which the permission is granted or, as the case may be, deemed to be granted; or

(b) such other period (whether longer or shorter) beginning with the said date as the authority concerned with the terms of the planning permission may direct, being a period which the authority considers appropriate having regard to the provisions of the development plan and to any other material considerations.

(2) If planning permission is granted without the condition required by subsection (1) of this section, it shall be deemed to have been granted subject to the condition that the development to which it relates must be begun not later than the expiration of five years beginning with the date of the grant.

(3) Nothing in this section applies—

(a) to any planning permission granted by a development order;

(aa) to any planning permission granted by an enterprise zone scheme;

(ab) to any planning permission granted by a simplified planning zone scheme;

(b) to any planning permission granted for a limited period;

(bb) to any planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste which is granted (or deemed to be granted) subject to a condition that the development to which it relates must be begun before the expiration of a specified period after—

(i) the completion of other development consisting of the winning and working of minerals already being carried out by the applicant for the planning permission; or

(ii) the cessation of depositing of mineral waste already being carried out by the applicant for the planning permission;

(d) to any outline planning permission, as defined by section 39 of this Act.

Outline planning permission

39

(1) In this section and section 38 of this Act “outline planning permission” means planning permission granted, in accordance with the provisions of regulations under this Act ora development order, with the reservation for subsequent approval by the. . . planning authority or the Secretary of State of matters (referred to in this section as “reserved matters”) not particularised in the application.

(2) Subject to the provisions of this section, where outline planning permission is granted for development consisting in or including the carrying out of building or other operations, it shall be granted subject to conditions to the following effect—

(a) that, in the case of any reserved matter, application for approval must be made before—

(i) the expiration of 3 years from the date of the grant of outline planning permission; or

(ii) the expiration of 6 months from the date on which an earlier application for such approval was refused; or

(iii) the expiration of 6 months from the date on which an appeal against such refusal was dismissed, whichever is the latest:

(b) that the development to which the permission relates must be begun not later than whichever is the later of the following dates—

(i) the expiration of five years from the date of the grant of outline planning permission; or

(ii) the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

(3) If outline planning permission is granted without the conditions required by subsection (2) of this section, it shall be deemed to have been granted subject to those conditions.

(4) The authority concerned with the terms of an outline planning permission may, in applying subsection (2) of this section, substitute, or direct that there be substituted, for the periods of three years, five years or two years referred to in that subsection such other periods respectively (whether longer or shorter) as they consider appropriate.

(5) The said authority may, in applying the said subsection, specify, or direct that there be specified, separate periods under paragraph (a) of the subsection in relation to separate parts of the development to which the planning permission relates; and, if they do so, the condition required by paragraph (b) of the subsection shall then be framed correspondingly by reference to those parts, instead of by reference to the development as a whole.

(6) In considering whether to exercise their powers under subsections (4) and (5) of this section, the said authority shall have regard to the provisions of the development plan and to any other material considerations.

Provisions supplementary to ss. 38 and 39

40

(1) For the purposes of sections 38 and 39 of this Act, development shall be taken to be begun on the earliest date on which any specified operation comprised in the development begins to be carried out.

(2) In subsection (1) of this section “specified operation” means any of the following, that is to say—

(a) any work of construction in the course of the erection of a building;

(aa) any work of demolition of a building;

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