Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

• (4) The planning authority may publish such a notice as aforesaid where they have begun to take such steps, in accordance with regulations made by virtue of section 256 of this Act, as are requisite in order to enable them to obtain planning permission for the development.

• (5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

210A

• (1) Where, after the coming into force of this section, a person requests a local authority to make an order to which this subsection applies, the local authority may require him, as a condition of their compliance with the request, to make such provision as they consider reasonable as regards any costs to be incurred by them in so complying.

• (2) The orders to which subsection (1) above applies are orders under any of the following enactments—

• (a) section 198A of this Act (orders authorising the stopping up or diversion of certain roads);

• (b) section 199 of this Act (orders authorising the stopping up or diversion of footpaths or bridleways);

• (c)

• (d) section 201 of this Act (orders extinguishing the right to use vehicles on a road);

• (e)

• (f) section 34 of the Countryside (Scotland) Act 1967 (orders as regards the closure of public paths); and

• (g) section 35 of the said Act of 1967 (orders as regards the diversion of public paths).

Cases in which land is to be treated as not being operational land.

229A

Proceedings for questioning validity of other orders, decisions and directions.

251A

. . . planning authorities

257A

• (1) The provisions of this Act relating to hazardous substances shall have effect subject to such exceptions and modifications as may be prescribed in relation to hazardous substances consent for planning authorities.

• (2) Subject to the provisions of section 56G of this Act, any such regulations may in particular provide for securing—

• (a) that any application by such an authority for hazardous substances consent in respect of the presence of a hazardous substance on, over or under such land shall be made to the Secretary of State and not to the planning authority;

• (b) that any order or notice authorised to be made, issued or served under those provisions shall be made, issued or served by the Secretary of State and not by the planning authority.

Special case Regulations

Interdicts restraining breaches of planning control

260A

• (1) Whether or not they have exercised or propose to exercise any of their other powers under this Act, a planning authority may seek to restrain or prevent any actual or apprehended breach of any of the controls provided for by or under this Act by means of an application for interdict.

• (2) On an application under subsection (1) of this section the court may grant such interdict as it thinks appropriate for the purpose of restraining or preventing the breach.

• (3) In this section “the court” means the Court of Session or the sheriff.

262A

• (1) This section applies to all buildings in conservation areas other than—

• (a) listed buildings, and

• (b) excepted buildings within the meaning of section 56(2) of this Act, and

• (c) buildings in relation to which a direction under subsection (4) below is for the time being in force.

• (2) A building to which this section applies shall not be demolished without the consent of the appropriate authority.

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

• (4) The Secretary of State may direct that this section shall not apply to a description of buildings specified in the direction. . . .

• (5) A direction under subsection (4) above relating to a description of buildings may be given either to an individual planning authority or to planning authorities generally.

• (6) The Secretary of State may vary or revoke a direction under subsection (4) above by a further direction under that subsection.

• (7) The appropriate authority for the purposes of this section is—

• (a) in relation to applications for consent made by planning authorities, the Secretary of State; and

• (b) in relation to other applications, the planning authority or the Secretary of State.

• (8) The following provisions of this Act, namely—

• sections 53 to 54D and 56AA

• sections 92 to 96

• section 161,

• section 179,

• sections 231 and 233, section 242

• section 253(1)(b) , (4) and (5), section 257,

• Parts I and II of Schedule 10,

• Schedule 17 Part IV of Schedule 19,

shall have effect in relation to buildings to which this section applies as they have effect in relation to listed buildings; but regulations may provide that they shall have effect in relation to buildings to which this section applies subject to such exceptions and modifications as may be prescribed.

• (9) Any such regulations may make different provision—

• (a) in relation to applications made by planning authorities, and

• (b) in relation to other applications.

• (10) Any proceedings on or arising out of an application for listed building consent made while this section applies to a building shall lapse when it ceases to apply to it, and any listed building consent granted with respect to the building shall also lapse; but the fact that this section has ceased to apply to a building shall not affect the liability of any person to be prosecuted and punished for an offence under section 53 or 94 of this Act committed by him with respect to the building while this section applied to it.]

National Scenic Areas.

262B

• (1) It shall be the duty of a planning authority to formulate and publish, from time to time proposals for the preservation and enhancement of any parts of their district which are conservation areas.

• (2) Proposals under this section shall be submitted for consideration to a public meeting in the area to which they relate; and the planning authority shall have regard to any views concerning the proposals expressed by persons attending the meeting.

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

262C

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

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

• (3) Every planning authority shall compile and make available for inspection free of charge at reasonable hours and at a convenient place a list containing such particulars as the Secretary of State may determine of any area in their district which has been designated as a Natural Heritage Area under section 6 of the Natural Heritage (Scotland) Act 1991.

• (4) Where any area is for the time being designated as a Natural Heritage Area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any land in that area, of any powers under this Act.

267A

• (1) The Secretary of State has the same power to make orders under section 267(7) above in relation to proceedings to which this section applies which do not give rise to a local inquiry as he has in relation to a local inquiry.

• (2) This section applies to proceedings under this Act where the Secretary of State is required before reaching a decision, to afford any person an opportunity of appearing before and being heard by a person appointed by him.

267B

• (1) The Secretary of State may by regulations prescribe the procedure to be followed in connection with proceedings under this Act where he is required, before reaching a decision, to afford any person an opportunity of appearing before and being heard by a person appointed by him and which are to be disposed of without an inquiry or hearing to which rules under section 11 of the Tribunals and Inquiries Act 1971 apply.

• (2) The regulations may in particular make provision as to the procedure to be followed—

• (a) where steps have been taken with a view to the holding of such an inquiry or hearing which does not take place, or

• (b) where steps have been taken with a view to the determination of any matter by a person appointed by the Secretary of State and the proceedings are the subject of a direction that the matter shall instead be determined by the Secretary of State, or

• (c) where steps have been taken in pursuance of such a direction and a further direction is made revoking that direction,

and may provide that such steps shall be treated as compliance, in whole or in part, with the requirements of the regulations.

• (3) The regulations may also—

• (a) provide for a time limit within which any party to the proceedings must lodge written submissions and any supporting documents;

• (b) prescribe the time limit (which may be different for different classes of proceedings) or enable the Secretary of State to give directions setting the time limit in a particular case or class of case;

• (c) empower the Secretary of State to proceed to a decision taking into account only such written submissions and supporting documents as were lodged within the time limit; and

• (d) empower the Secretary of State, after giving the parties written notice of his intention to do so, to proceed to a decision notwithstanding that no written submissions were lodged within the time limit, if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.

SCHEDULES 1 AND 2

SCHEDULES 3 AND 4

5A

On the adoption or approval of a local plan under section 12 of this Act, so much of any old development plan as relates to the same area shall cease to have effect, unless the Secretary of State by order directs subject to paragraph 7 of this Schedule, that the provisions of that old development plan shall continue in force to the extent specified in the order.

SCHEDULE 6A

General

1

A simplified planning zone scheme shall consist of a map and a written statement, and such diagrams, illustrations and descriptive matter as the planning authority think appropriate for explaining or illustrating the provisions of the scheme, and shall specify—

• (a) the development or classes of development permitted by the scheme,

• (b) the land in relation to which permission is granted; and

• (c) any conditions, limitations or exceptions subject to which it is granted;

and shall contain such other matters as may be prescribed.

Proposals to make or alter scheme

2

• (1) A planning authority may at any time decide to make a simplified planning zone scheme or to alter a scheme adopted by them or, with the consent of the Secretary of State, to alter a scheme approved by him.

• (2) An authority who decide to make or alter a simplified planning zone scheme shall—

• (a) notify the Secretary of State of their decision as soon as practicable, and

• (b) determine the date on which they will begin to prepare the scheme or the alterations.

Power of Secretary of State to direct making or alteration of scheme

3

• (1) If a person requests a planning authority to make or alter a simplified planning zone scheme but the authority—

• (a) refuse to do so, or

• (b) do not within the period of three months from the date of the request decide to do so,

he may, subject to sub-paragraph (2), require them to refer the matter to the Secretary of State.

• (2) A person may not require the reference of the matter to the Secretary of State if—

• (a) in the case of a request to make a scheme, a simplified planning zone scheme relating to the whole or part of the land specified in the request has been adopted or approved within the twelve months preceding his request;

• (b) in the case of a request to alter a scheme, the scheme to which the request relates was adopted or approved, or any alteration to it has been adopted or approved, within that period.

• (3) The Secretary of State shall, as soon as practicable after a matter is referred to him—

• (a) send the authority a copy of any representations made to him by the applicant which have not been made to the authority, and

• (b) notify the authority that if they wish to make any representations in the matter they should do so, in writing, within 28 days.

• (4) The Secretary of State may, after—

• (a) considering the matter and any written representations made by the applicant or the authority, and

• (b) carrying out such consultations with such persons as he thinks fit,

give the authority a simplified planning zone direction.

• (5) The Secretary of State shall notify the applicant and the authority of his decision and of his reasons for it.

4

• (1) A simplified planning zone direction is—

• (a) if the request was for the making of a scheme, a direction to make a scheme which the Secretary of State considers appropriate; and

• (b) if the request was for the alteration of a scheme, a direction to alter it in such manner as he considers appropriate

and, in either case, requires the planning authority to take all the steps required by this Schedule for the adoption of proposals for the making or, as the case may be, alteration of a scheme.

• (2) In either case the direction may extend to—

• (a) the land specified in the request to the authority,

• (b) any part of the land so specified, or

• (c) land which includes the whole or part of the land so specified;

and, accordingly, may direct that land shall be added to or excluded from an existing simplified planning zone.

Steps to be taken before depositing proposals

5

• (1) A planning authority proposing to make or alter a simplified planning zone scheme shall, before determining the content of their proposals, comply with this paragraph.

• (2) They shall—

• (a) consult—

• (i) the Secretary of State; and

• (ii) any local roads authority in whose area the proposed zone or any part of it lies,

as to the effect any proposals they may make might have on existing or future roads; and

• (b) consult or notify such persons as regulations may require them to consult or, as the case may be, notify.

• (3) They shall take such steps as may be prescribed, or as the Secretary of State may in a particular case direct, to publicise—

• (a) the fact that they propose to make or alter a simplified planning zone scheme, and

• (b) the matters which they are considering including in the proposals.

• (4) They shall consider any representations that are made in accordance with regulations.

Procedure after deposit of proposals

6

Where a planning authority have prepared a proposed simplified planning zone scheme, or proposed alterations to a simplified planning zone scheme, they shall—

• (a) make copies of the proposed scheme or alterations available for inspection at such places as may be prescribed;

• (b) take such steps as may be prescribed for the purpose of advertising the fact that the proposed scheme or alterations are so available and the places at which, and times during which, they may be inspected;

• (c) take such steps as may be prescribed for inviting representations or objections to be made within such period as may be prescribed; and

• (d) send a copy of the proposed scheme or alterations to the Secretary of State and to any local roads authority whom they have consulted under paragraph 5(2)(a) of this Schedule.

Procedure for dealing with objections

7

• (1) Where objections to the proposed scheme or alterations are made, the planning authority may—

• (a) for the purpose of considering the objections, 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, appointed by the authority, or

• (b) require the objections to be considered by a person appointed by the Secretary of State.

• (2) A planning authority shall exercise the power under sub-paragraph (1), or paragraph (a) or (b) of that sub-paragraph, if directed to do so by the Secretary of State.

• (3A) The planning authority shall—

• (a) where a person appointed under or by virtue of this paragraph 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 sub-paragraph (3B) 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).

• (3B) Regulations made by the Secretary of State may make provision with respect to the determination of the sum referred to in sub-paragraph (3A) above and may in particular prescribe, in relation to any class of person appointed under or by virtue of this paragraph, 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.

• (3C) Without prejudice to the generality of sub-paragraph (3B) above, the Secretary of State may, in prescribing by virtue of that sub-paragraph 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.

• (4) Regulations may—

• (a) make provision with respect to the appointment, and qualifications for appointment, of persons for the purposes of this paragraph;

• (b) include 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;

• (c) make provision with respect to the . . . allowances of the person appointed.

• (5) The Tribunals and Inquiries Act 1971 applies to a local inquiry or other hearing held under this paragraph as it applies to a statutory inquiry held by the Secretary of State, with the substitution in section 12(1) (statement of reasons for decision) for the references to a decision taken by the Secretary of State of references to a decision taken by a planning authority.

Adoption of proposals by planning authority

8

• (1) After the expiry of the period for making objections or, if objections have been made in accordance with the regulations, after considering those objections and the views of any person holding an inquiry or hearing or considering the objections under paragraph 7, the planning authority may by resolution adopt the proposals (subject to the following provisions of this paragraph and of paragraph 9 of this Schedule)

.

• (2) They may adopt the proposals as originally prepared or as modified so as to take account of—

• (a) any such objections as are mentioned in sub-paragraph (1) any other objections to the proposals, or

• (b) any other considerations which appear to the authority to be material.

• (3) After copies of the proposals have been sent to the Secretary of State and before they have been adopted by the planning authority, the Secretary of State may, if it appears to him that the proposals are unsatisfactory, direct the authority to consider modifying the proposals in such respects as are indicated in the direction.

• (4) An authority to whom a direction is given shall not adopt the proposals unless they satisfy the Secretary of State that they have made the modification necessary to conform with the direction or the direction is withdrawn.

Calling in of proposals for approval by Secretary of State

9

• (1) After copies of proposals have been sent to the Secretary of State and before they have been adopted by the planning authority, the Secretary of State may direct that the proposals shall be submitted to him for his approval.

• (2) In that event—

• (a) the authority shall not take any further steps for the adoption of the proposals, and in particular shall not hold or proceed with a local inquiry or other hearing or any consideration of objections in respect of the proposals under paragraph 7; and

• (b) the proposals shall not have effect unless approved by the Secretary of State and shall not require adoption by the authority.

Approval of the proposals by Secretary of State

10

• (1) The Secretary of State may after considering proposals submitted to him under paragraph 9 either approve them, in whole or in part and with or without modifications, or reject them.

• (2) In considering the proposals he may take into account any matters he thinks are relevant, whether or not they were taken into account in the proposals as submitted to him.

• (3) Where on taking the proposals into consideration the Secretary of State does not determine then to reject them he shall, before determining whether or not to approve them, consider any objections made in accordance with regulations (and not withdrawn) except objections which—

• (a) have already been considered by the planning authority or by a person appointed by the Secretary of State, or

• (b) have already been considered at a local inquiry or other hearing.

• (4) The Secretary of State may—

• (a) for the purpose of considering any objections and the views of the planning authority and of such other persons as he thinks fit, cause a local inquiry or other hearing to be held by a person appointed by him, or

• (b) require such objections and views to be considered by a person appointed by him.

• (5) In considering the proposals the Secretary of State may consult with, or consider the views of, any planning authority or any other person; but he need not do so, or give an opportunity for the making or consideration of representations or objections, except so far as he is required to do so by sub-paragraph (3) of this paragraph.

Default powers

11

• (1) Where—

• (a) a planning authority are directed under paragraph 3 to make a simplified planning zone scheme which the Secretary of State considers appropriate or to alter such a scheme in such manner as he considers appropriate, and

• (b) the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the authority are not taking within a reasonable period the steps required by this Schedule for the adoption of proposals for the making or, as the case may be, alteration of a scheme,

he may himself make a scheme or, as the case may be, the alterations.

• (2) Where under this paragraph anything which ought to have been done by a planning authority is done by the Secretary of State, the preceding provisions of this Schedule apply, so far as practicable, with any necessary modifications in relation to the doing of that thing by the Secretary of State and the thing so done.

• (3) Where the Secretary of State incurs expenses under this paragraph 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 the authority to the Secretary of State.

Regulations and directions

12

• (1) Without prejudice to the preceding provisions of this Schedule, the Secretary of State may make regulations with respect to the form and content of simplified planning zone schemes and with respect to the procedure to be followed in connection with their preparation, withdrawal, adoption, submission, approval, making or alteration.

• (2) Any such regulations may in particular—

• (a) provide for the notice to be given of, or the publicity to be given to, matters included or proposed to be included in a simplified planning zone scheme and the adoption or approval of such a scheme, or of any alteration of it, or any other prescribed procedural step, and for publicity to be given to the procedure to be followed in these respects;

• (b) make provision with respect to the making and consideration of representations as to matters to be included in, or objections to, any such scheme or proposals for its alteration;

• (bb) make provision with respect to the circumstances in which representations with respect to the matters to be included in such a scheme or proposals for its alteration are to be treated, for the purposes of this Schedule, as being objections made in accordance with regulations;

• (c) without prejudice to paragraph (b), provide for notice to be given to particular persons of the adoption or approval of a simplified planning zone scheme, or an alteration to such a scheme, if they have objected to the proposals and havenotified the planning authority of their wish to receive notice, subject (if the regulations so provide) to the payment of a reasonable charge;

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

• (e) 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 document which has been made public[. . ., subject (if the regulations so provide) to the payment of a reasonable charge;

• (f) provide for the publication and inspection of a simplified planning zone scheme which has been adopted or approved, or any document adopted or approved altering such a scheme, and for copies of any such scheme or document to be made available on sale.

• (3) Regulations under this paragraph may extend throughoutScotland or to specified areas only and may make different provision for different cases.

• (4) Subject to the preceding provisions of this Schedule and to any regulations under this paragraph, the Secretary of State may givedirections to any planning authority or to planning authorities generally—

• (a) for formulating the procedure for the carrying out of their functions under this Schedule;

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

3A

• (1) The Secretary of State may by a further direction revoke a direction under paragraph 3 of this Schedule at any time before the determination of the appeal.

• (2) A direction under this paragraph shall state the reasons for which it is given and shall be served on the person, if any, previously appointed to determine the appeal, the applicant or appellant, the planningauthority and any person who has made representations relating to the subject matter of the appeal which the authority are required to take into account under section 26(3)of this Act.

• (3) Where a direction under this paragraph has been given, the provisions of this Schedule relevant to the appeal shall apply, subject to sub-paragraph (4), as if no direction under paragraph 3 had been given.

• (4) Anything done by or on behalf of the Secretary of State in connection with the appeal which might have been done by the person appointed to determine the appeal (including any arrangements made for the holding of a hearing or local inquiry) shall, unless that person directs otherwise, be treated as having been done by him.

• (4) An appeal determined by any such person by virtue of this Schedule shall be treated for the purposes of this Act as having been determined by the Secretary of State.

3A

• (1) The Secretary of State may by a further direction revoke a direction under paragraph 3 of this Schedule at any time before the deter*mination of the appeal.

• (2) A direction under this paragraph shall state the reasons for which it is given and shall be served on the person, if any, previously appointed to determine the appeal, the applicant or appellant, the planning authority and any person who has made representations relating to the subject matter of the appeal which the authority are required to take into account under section 26(3) of this Act.

• (3) Where a direction under this paragraph has been given, the provisions of this Schedule relevant to the appeal shall apply, subject to sub-paragraph (4), as if no direction under paragraph 3 had been given.

• (4) Anything done by or on behalf of the Secretary of State in connection with the appeal which might have been done by the person appointed to determine the appeal (including any arrangements made for the holding of a hearing or local inquiry) shall, unless that person directs otherwise, be treated as having been done by him.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 10a

Application for registration

1

• (1) Any person who is an owner of any land to which an old mining permission relates, or is entitled to an interest in a mineral to which such a permission relates, may apply to the planning authority for the permission to be registered.

• (2) The application must specify the development which the applicant claims is authorised by the permission, including the land to which the permission relates, and the conditions (if any) to which the permission is subject.

• (3) The application must be served on the planning authority before the end of the period of six months beginning with the day on which this Schedule comes into force.

• (4) On an application under this paragraph, the planning authority must—

• (a) if they are satisfied that (apart from section 49H(3) of this Act) the permission authorises development consisting of the winning and working of minerals or involving the depositing of mineral waste, ascertain—

• (i) the area of land to which the permission relates, and

• (ii) the conditions (if any) to which the permission is subject,

and grant the application; and

• (b) in any other case, refuse the application.

• (5) Where—

• (a) application has been made under this paragraph, but

• (b) the planning authority have not given the applicant notice of their determination within the period of three months beginning with the service of notice of the application (or within such extended period as may at any time be agreed upon in writing between the applicant and the authority),

the application is to be treated for the purposes of section 49H of this Act and this Schedule as having been refused by the authority.

Determination of conditions

2

• (1) The conditions to which an old mining permission is to be subject—

• (a) may include any conditions which may be imposed on a grant of planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste,

• (b) may be imposed in addition to, or in substitution for, any conditions ascertained under paragraph 1(4)(a) above, and

• (c) must include a condition that the winning and working of minerals or depositing of mineral waste must cease not later than 21st February 2042.

• (2) Where an application for the registration of an old mining permission has been granted, any person who is an owner of any land to which the permission relates, or is entitled to an interest in a mineral to which the permission relates, may apply to the planning authority to determine the conditions to which the permission is to be subject.

• (3) The application must set out proposed conditions.

• (4) The application must be served on the planning authority—

• (a) after the date mentioned in sub-paragraph (5) below, and

• (b) except where section 49H(3) of this Act applies, before the end of the period of twelve months beginning with that date or such extended period as may at any time be agreed upon in writing between the applicant and the authority.

• (5) The date referred to in sub-paragraph (4) above is—

• (a) the date on which the application for registration is granted by the planning authority, if no appeal is made to the Secretary of State under paragraph 5 below, and

• (b) in any other case, the date on which the application for registration is finally determined.

• (6) On an application under this paragraph—

• (a) the planning authority must determine the conditions to which the permission is to be subject, and

• (b) if, within the period of three months beginning with the service of notice of the application (or within such extended period as may at any time be agreed upon in writing between the applicant and the authority) the authority have not given the applicant notice of their determination, the authority shall be treated for the purposes of section 49H of this Act and this Schedule as having determined that the permission is to be subject to the conditions set out in the application.

• (7) The condition to which an old mining permission is to be subject by reason of sub-paragraph (1)(c) above is not to be regarded for the purposes of the planning Acts as a condition such as is mentioned in section 27(1)(b) of this Act (planning permission granted for a limited period).

• (8) This paragraph does not apply to an old mining permission which has ceased to have effect since the application under paragraph 1 above was granted.

Registration

3

• (1) Where an application for the registration of an old mining permission is granted, the permission must be entered in the appropriate part of the register kept under section 31 of this Act and the entry must specify the area of land ascertained under paragraph 1(4)(a) above.

• (2) Where an application to determine the conditions to which an old mining permission is to be subject is finally determined, the conditions must be entered in the appropriate part of that register.

• (3) The matters required to be entered in the register under this paragraph must be entered as soon as reasonably practicable.

General provisions about applications

4

• (1) An application under paragraph 1 or 2 above is an application which is—

• (a) made on an official form, and

• (b) accompanied by an appropriate certificate.

• (2) The applicant must, so far as reasonably practicable, give the information required by the form.

• (3) Where the planning authority receive an application under paragraph 1 or 2 above, they must as soon as reasonably practicable give to the applicant a written acknowledgement of the application.

• (4) Where the planning authority determine an application under either of those paragraphs, they must as soon as reasonably practicable give written notice of their determination to the applicant.

• (5) An appropriate certificate is such a certificate—

• (a) as would be required under sections 23 or 24 of this Act to accompany the application if it were an application for planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste; but

• (b) with such modifications as are required for the purposes of this Schedule.

• (6) Sections 23(3) and 24(6) of this Act (offences) shall also have effect in relation to any certificate purporting to be an appropriate certificate.

Right of appeal

5

• (1) Where the planning authority—

• (a) refuse an application under paragraph 1 above, or

• (b) in granting such an application, ascertain an area of land, or conditions, which differ from those specified in the application,

the applicant may appeal to the Secretary of State.

• (2) Where on an application under paragraph 2 above, the planning authority determine conditions that differ in any respect from the conditions set out in the application, the applicant may appeal to the Secretary of State.

• (3) An appeal under this paragraph must be made by giving notice of appeal to the Secretary of State.

• (4) In the case of an appeal under sub-paragraph (1) above, the notice must be given to the Secretary of State before the end of the period of three months beginning with the determination or, in the case of an application treated as refused by virtue of paragraph 1(5) above, beginning at the end of the period or extended period referred to in paragraph 1(5)(b).

• (5) In the case of an appeal under sub-paragraph (2) above, the notice must be given to the Secretary of State before the end of the period of six months beginning with the determination.

• (6) A notice of appeal under this paragraph is a notice which—

• (a) is made on an official form, and

• (b) is accompanied by an appropriate certificate.

• (7) The appellant must, so far as reasonably practicable, give the information required by the form.

• (8) Paragraph 4(5) and (6) above shall apply for the purposes of sub-paragraph (7) above as it applies for the purposes of paragraph 4(1) above.

Determination of appeal

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• (1) On an appeal under paragraph 5 above the Secretary of State may—

• (a) allow or dismiss the appeal, or

• (b) reverse or vary any part of the decision of the planning authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to him in the first instance.

• (2) Before determining such an appeal the Secretary of State must, if either the appellant or the planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

• (3) If at any time before or during the determination of such an appeal 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.

• (4) The decision of the Secretary of State on such an appeal shall be final.

Reference of applications to Secretary of State

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• (1) The Secretary of State may give directions requiring applications under this Schedule to any planning authority to be referred to him for determination instead of being dealt with by the authority.

• (2) The direction may relate either to a particular application or to applications of a class specified in the direction.

• (3) Where an application is referred to him under this paragraph—

• (a) subject to paragraph (b) and sub-paragraph (4) below, the following provisions of this Schedule—

• (i) paragraph 1(1) to (4),

• (ii) paragraph 2(1) to (6)(a), (7) and (8),

• (iii) paragraphs 3 and 4, and

• (iv) paragraphs 8 to 10,

shall apply, with any necessary modifications, as they apply to applications which fall to be determined by the planning authority,

• (b) before determining the application the Secretary of State must, if either the applicant or the planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose, and

• (c) the decision of the Secretary of State on the application shall be final.

• (4) Where an application under paragraph 1 above is so referred to him, paragraph 2(5) above shall apply as if for paragraphs (a) and (b) there were substituted “the date on which the application for registration is finally determined”.

Two or more applicants

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• (1) Where a person has served an application under paragraph 1 or 2 above in respect of an old mining permission—

• (a) he may not serve any further application under the paragraph in question in respect of the same permission, and

• (b) if the application has been determined, whether or not it has been finally determined, no other person may serve an application under the paragraph in question in respect of the same permission.

• (2) Where—

• (a) a person has served an application under paragraph 1 or 2 above in respect of an old mining permission, and

• (b) another person duly serves an application under the paragraph in question in respect of the same permission,

then for the purpose of the determination of the applications and any appeal against such a determination, this Schedule shall have effect as if the applications were a single application served on the date on which the later application was served and references to the applicant shall be read as references to either or any of the applicants.

Application of provisions relating to planning permission

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• (1) Subject to paragraph 3 above, section 31 of this Act (registers of applications, etc.), and any provision of regulations under this Act or a development order made by virtue of that section, shall have effect with any necessary modifications as if references to applications for planning permission included applications under paragraph 1 or 2 above.

• (2) Where the planning authority is not the authority required to keep the register under that section, the planning authority must provide the authority required to keep the register with such information and documents as that authority requires to comply with paragraph 3 above and with that section as applied by this paragraph.

• (3) Sections 231 and 233 of this Act (validity of certain decisions and proceedings for questioning their validity) shall have effect as if the action mentioned in section 231(3) included any decision of the Secretary of State on an appeal under paragraph 5 above or on an application referred to him under paragraph 7 above.

Interpretation

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• (1) In this Schedule—

• “official form” means, in relation to an application or appeal, a document supplied by or on behalf of the Secretary of State for use for the purpose in question, 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 portion of which is not less than seven years.

• (2) For the purposes of section 49H of this Act and this Schedule, an application under paragraph 1 or 2 above is finally determined when the following conditions are met—

• (a) the proceedings on the application, including any proceedings on or in consequence of an application under section 233 of this Act, have been determined, and

• (b) any time for appealing under paragraph 5 above, or applying or further applying under that section, (where there is a right to do so) has expired.

Part i — Adjustment of Claim Holdings assigned to Central Land Board as Security for Development Charges

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Action by planning authority on whom listed building purchase notice is served

Section 19.

Section 250.

Section 87.

Section 98.

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In Schedule 2, in paragraph (viii) (inserted by the Land Commission Act 1967), for the words “section 12(5) of the Town and Country Planning (Scotland) Act 1947” there shall be substituted the words “ section 31(2) of the Town and Country Planning (Scotland) Act 1972 ”.

In section 8(5), in paragraph (c), after the word “1947” there shall be inserted the words “ or of paragraph 28 of Schedule 22 to the Town and Country Planning (Scotland) Act 1972 ”, and the words “under Part II of that Act” shall be omitted; and at the end of paragraph (d) there shall be added the words “ or by paragraph 28 of Schedule 22 of the Town and Country Planning (Scotland) Act 1972 ”.

In section 44(1), for the words “this Part of this Act” there shall be substituted the words “ Part VI of the Town and Country Planning (Scotland) Act 1972 ”.

Section 17(2) shall be amended as follows:—

In Schedule 4, in paragraph 2, for the words “the Town and Country Planning (Scotland) Act 1947” there shall be substituted the words “ the Town and Country Planning (Scotland) Act 1972 ”.

In section 4(7), for the words “the Town and Country Planning (Scotland) Acts 1947 to 1963” and “section 32 of the Town and Country Planning (Scotland) Act 1947” there shall be substituted respectively the words “ the Town and Country Planning (Scotland) Act 1972 ” and “ section 37 of that Act ”.

In section 28(1)—

In Schedule 3—

and in subsection (2), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

In section 10(4), for the words “the Town and Country Planning (Scotland) Act 1947” there shall be substituted the words “ the Town and Country Planning (Scotland) Act 1972 ”.

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In section 15, for the words set out in the first column below (in each place where they occur in that section) there shall be substituted the words set out opposite to them in the second column below —:

“ section 117 ”

“ sections 219 and 220 ”

“ sections 226(2) and 227 ”

“ section 102 ”

“ section 219(1) ”

“ section 259 ”

In section 58(3), for the words “section 113(1) of the Scottish Act of 1947” there shall be substituted the words “ section 275(1) of the Act of 1972 ”.

In section 89(6)(b), for the words “section 113(1) of the Scottish Act of 1947” there shall be substituted the words “ section 275(1) of the Act of 1972 ”.

In section 89(6)(b), for the words “section 113(1) of the Scottish Act of 1947” there shall be substituted the words “ section 275(1) of the Act of 1972 ”.

In section 99—

In section 9(4)(d), for the words “the Town and Country Planning (Scotland) Act 1947” there shall be substituted the words “ the Town and Country Planning (Scotland) Act 1972 ”.

In section 35, for the words “section 26 of the Town and Country Planning (Scotland) Act 1947” there shall be substituted the words “ section 58 of the Town and Country Planning (Scotland) Act 1972 ”.

In Schedule 3, in paragraph 2, for the words “section 13 of the Town and Country Planning (Scotland) Act 1947” and “the said section 13” there shall be substituted respectively the words “ section 32 of the Town and Country Planning (Scotland) Act 1972 ” and

“ the said section 32 ”; and in paragraph 3, for the words “the Town and Country Planning (Scotland) Act 1947” there shall be substituted the words “ the Town and Country Planning (Scotland) Act 1972 ”.

In section 52(2)(g), for the words “the Town and Country Planning (Scotland) Act 1947” there shall be substituted the words “ the Town and Country Planning (Scotland) Act 1972 ”.

In section 52(2)(g), for the words “the Town and Country Planning (Scotland) Act 1947” there shall be substituted the words “ the Town and Country Planning (Scotland) Act 1972 ”.

In section 30(1), for the words “ “the Scottish Planning Act” means the Town and Country Planning (Scotland) Act 1947” there shall be substituted the words “ “the Scotiish Planning Act” means the Town and Country Planning (Scotland) Act 1972 ”.

In Schedule 3, for paragraph 7(a) there shall be substituted:—

In section 108—

“ the said section 265 ”

“ section 266(1) ”

“ section 265(8) ”

“ section 265(8) ”

In Schedule 4—

In Schedule 9—

Transfer of property and officers to planning authorities

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Editorial notes