Legalize / United Kingdom / Public General Act

Town and Country Planning (Scotland) Act 1997

Type Public General Act

Publication 1997-02-27

Last updated 2026-02-18

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(b) make such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient,

(d) make different provision for different purposes and different areas.

(6J) For the purposes of the exercise by a National Park authority of any planning functions which it has by virtue of subsections (6C) and (6D) in respect of waters described in paragraph (b) or (c) of subsection (6), any reference in section 9 of the National Parks (Scotland) Act 2000 (asp 10) (general purposes and functions of National Park authority) to the National Park itself is to be construed as including a reference to those waters.

(7) Without prejudice to any regulations under 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.

Marine fish farms: circumstances referred to in section 26(1)

26AA

(1) The circumstances to which section 26(1) refers are—

(a) that the marine fish farm is being operated after—

(i) the date which is the appropriate date in respect of that fish farm, or

(ii) if earlier than that date, the date on which planning permission is granted, or an application for planning permission is refused, under section 31A, and

(b) that the operation involves the use of equipment which was placed or assembled in waters at a time when that placing or assembly did not constitute development under this Act.

(2) For the purposes of subsection (1)(a), the appropriate date in respect of a fish farm is whichever is the later of—

(a) a date prescribed by the Scottish Ministers for the purposes of this subsection, and

(b) the date on which any authorisation which—

(i) relates to the operation of that fish farm, and

(ii) is in effect at the date of commencement of section 4 of the Planning etc. (Scotland) Act 2006 (asp 17),

ceases to have effect.

(3) In this section and in section 31A—

“ authorisation ” means— a consent for fish farming issued by the Crown Estate Commissioners or a relevant person ,a licence granted under section 11 of the Orkney County Council Act 1974 (c.xxx), ora licence granted under section 11 of the Zetland County Council Act 1974 (c.viii),

“ equipment ” has the same meaning as in section 26(6), ...

“ marine fish farm ” means a fish farm situated in any part of any waters referred to in paragraphs (b) and (c) of section 26(6). ; and

“relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests.

Power by order to provide marine fish farming is not “development”

26AB

(1) The Scottish Ministers may by order provide that—

(a) section 26(6) does not apply as respects the placing or assembly of equipment for the purpose of fish farming in waters identified in the order (the “relevant waters”),

(b) section 26(6AA) does not apply as respects any material change in the use of equipment so placed or assembled for that purpose, and

(c) the operation of a marine fish farm in the relevant waters in the circumstances specified in section 26AA is not “development” for the purposes of this Act.

(2) An order under subsection (1) may be made only with the agreement of the planning authority (or planning authorities) for the relevant waters; and in this subsection the “planning authority” means the planning authority specified in an order under section 26(6D).

Hierarchy of developments

26A

(1) For the purposes of the planning Acts, a development belongs to one of the following categories—

(a) the first (designated under section 3A(4)(b)), to be known as “ national developments ”,

(b) the second, to be known as “ major developments ”, and

(2) The Scottish Ministers are by regulations to describe classes of development other than national developments and assign each class to one or other of the categories mentioned in paragraphs (b) and (c) of subsection (1).

(3) But the Scottish Ministers may, as respects a particular local development, direct that the development is to be dealt with as if (instead of being a local development) it were a major development.

(4) Different provision may be made under subsection (2) for different areas.

(5) Regulations under subsection (2) are not made unless a draft of the instrument containing the regulations has been laid before, and approved by resolution of, the Scottish Parliament.

Material change of use: short-term lets

26B

(1) A planning authority may designate all or part of its area as a short-term let control area for the purposes of this section.

(2) In a short-term let control area, the use of a dwellinghouse for the purpose of providing short-term lets is deemed to involve a material change of use of the dwellinghouse.

(3) For the purposes of this section, the following tenancies do not constitute a short-term let—

(a) a private residential tenancy under section 1 of the Private Housing (Tenancies) (Scotland) Act 2016,

(b) a tenancy of a dwellinghouse (or part of it) where all or part of the dwellinghouse is the only or principal home of the landlord or occupier.

(4) The power under subsection (1) includes the power to vary or cancel a designation.

(5) The Scottish Ministers may by regulations make further provision for the purposes of this section including, in particular, provision about—

(a) the procedure a planning authority must follow in order to make, vary or cancel a designation under subsection (1) (which may include requiring the approval of the Scottish Ministers),

(b) the form of a designation under subsection (1),

(d) any circumstances in which, or descriptions of dwellinghouse to which, this section does not apply.

(6) Before making regulations under subsection (5), the Scottish Ministers must consult planning authorities and such other persons as they consider appropriate.

Time when development begun.

27

(1) Subject to the following provisions of this section, for the purposes of this Act development of land shall be taken to be initiated—

(a) if the development consists of the carrying out of operations, at the time when those operations are begun;

(b) if the development consists of a change in use, at the time when the new use is instituted;

(c) if the development consists both of the carrying out of operations and of a change in use, at the earlier of the times mentioned in paragraphs (a) and (b).

(2) For the purposes of the provisions of this Part mentioned in subsection (3) development shall be taken to be begun on the earliest date on which any material operation comprised in the development begins to be carried out.

(3) The provisions referred to in subsection (2) are sections 52(2), 53(6), 54(4), 54B(1)(b), 54D(2), 58, 59 and 61 and paragraph 20 of schedule 5A .

(4) In subsection (2) “material operation” means—

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

(b) any work of demolition of a building,

(d) the laying of any underground main or pipe to the foundations, or part of the foundations, of a building or to any such trench as is mentioned in paragraph (c),

(da) any placing or assembly of equipment as is mentioned in subsection (6) of section 26 in waters described in paragraph (b) or (c) of that subsection,

(e) any operation in the course of laying out or constructing a road or part of a road, or

(f) any change in the use of any land which constitutes material development.

(5) In subsection (4)(f) “material development” means any development other than—

(a) development for which planning permission is granted by a general development order for the time being in force and which is carried out so as to comply with any condition or limitation subject to which planning permission is so granted,

(b) development of a class specified in paragraph 1 or 2 of Schedule 11, and

(6) In subsection (5) “general development order” means a development order (within the meaning of section 30(2)) made as a general order applicable (subject to such exceptions as may be specified in it) to all land in Scotland.

Initiation and completion of development

Notification of initiation of development

27A

(1) A person who intends to carry out development for which planning permission has been given must, as soon as practicable after deciding on a date on which to initiate the development and in any event before commencing the development, give notice to the planning authority as to that date and as to such further matters as the Scottish Ministers may prescribe.

(2) In granting planning permission for the carrying out of any development of land, a planning authority are by notice to direct the attention of the applicant to the requirements of subsection (1), setting out the terms of subsection (1) and of section 123(1) in that notice.

Notification of completion of development

27B

(1) A person who completes development for which planning permission has been given must, as soon as practicable after doing so, give notice of completion to the planning authority.

(2) If an application to a planning authority for planning permission discloses, in the opinion of the authority, that the development in question is to be carried out in phases then any such permission granted is to be granted subject to a condition, imposed under section 37(1)(a) in respect of each phase except the last (notice of the completion of which is to be given under subsection (1)), that as soon as practicable after the phase is completed the person carrying out the development is to give notice of that completion to the planning authority.

Display of notice while development is carried out

27C

(1) A person carrying out development of a prescribed class must until the development is completed display a notice containing prescribed information.

(2) The Scottish Ministers may by regulations make provision as to—

(a) the form of the notice required by subsection (1), and

(b) where such a notice is to be displayed.

Requirement for planning permission

Development requiring planning permission.

28

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

(1A) Subsection (1) is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for planning permission etc. for development for which development consent required).

(2) 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 its use for the purpose for which it was normally used before the permission was granted.

(3) 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 its normal use.

(4) 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) it could lawfully have been used if that development had not been carried out.

(5) In determining for the purposes of subsections (2) and (3) what is or was the normal use of land, no account shall be taken of any use begun in contravention of this Part or of previous planning control.

(6) 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 Part II of the 1947 Act or Part III of the 1972 Act.

(7) Subsection (1) has effect subject to Schedule 2 (which contains exemptions for certain uses of land on 1st July 1948).

Granting of planning permission: general.

29

(1) Planning permission may be granted—

(a) by a development order,

(b) by the planning authority (or, where this Part so provides, by the Secretary of State) on application to the authority in accordance with regulations or a development order,

(c) on the adoption or approval of a simplified planning zone scheme or alterations to such a scheme in accordance with section 49 or, as the case may be, section 53, ...

(ca) by a masterplan consent area scheme, or

(d) on the designation of an enterprise zone or the approval of a modified scheme under Schedule 32 to the Local Government Planning and Land Act 1980 in accordance with section 55 of this Act.

(2) Planning permission may also be deemed to be granted under section 57 (development with government authorisation).

(3) This section is without prejudice to any other provisions of this Act providing for the granting of permission.

Development orders

Development orders: general.

30

(1) The Secretary of State shall by regulations 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 and according to whether a development is a national development, a major development or a local development, or

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

(3) In respect of development for which planning permission is not granted by a development order, regulations or an order may provide for the granting of planning permission by the planning authority (or, where this Part so provides, by the Secretary of State) on an application made to the planning authority in accordance with the regulations or the order.

Permission granted by development order.

31

(1) 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.

(2) Without prejudice to the generality of subsection (1), 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.

(3) Without prejudice to the generality of subsection (1), 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—

(a) in relation to development in a particular area, or

(b) in relation to any particular development.

(4) Any provision of a development order by which 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.

(5) 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—

(a) shall not apply to any development specified in the order, or

(b) shall apply to it subject to such modifications as may be so specified.

Planning permission in respect of operation of marine fish farm

31A

(1) This section applies to planning permission for the operation of a marine fish farm which involves the use of such equipment as is referred to in section 26AA(1)(b).

(2) Any planning permission is to be granted by the Scottish Ministers.

(2A) Subject to subsection (4), any planning permission may be granted by the Scottish Ministers—

(a) by order, or

(b) on application to them in accordance with regulations under subsection (8).

(3) Without prejudice to the generality of subsection (2), planning permission may be granted under that subsection as respects a class of development.

(4) Any planning permission granted by virtue of subsection (3) is to be granted by order, the class of development in question being specified in the order.

(4A) Subsection (4B) applies where—

(a) an order granting planning permission (whether by virtue of subsection (2A)(a) or subsection (3)) is revoked, and

(b) the date of the revocation is, in relation to any marine fish farm to which the order applied, earlier than the appropriate date (within the meaning of section 26AA(2)) in respect of that fish farm.

(4B) For the purposes of the operation of section 26AA(1)(a)(ii) in relation to any such marine fish farm after revocation of the order, the fact that planning permission had been granted by the order is to be ignored.

(5) Planning permission may be granted either unconditionally or subject to conditions or limitations.

(6) The conditions or limitations which may be imposed include conditions or limitations specified in any authorisation which is at the time of imposition in effect in relation to the fish farm.

(7) The principal matters to be taken into account by the Scottish Ministers in coming to a decision as to whether to grant planning permission are the likely impact of the development on—

(a) any European site within the meaning of regulation 10 of the Conservation (Natural Habitats &, c.) Regulations 1994 ( S.I. 1994/ 2716), and

(b) the environment generally.

(8) The Scottish Ministers may by regulations make provision—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) as to the form of an application for planning permission,

(d) as to consultation in connection with such an application, and

(e) as to any other matters concerning procedure on such an application.

Applications for planning permission

32

(1) Regulations or a development order may make provision as to applications for planning permission made to a planning authority or the Scottish Ministers.

(2) Provision referred to in subsection (1) includes provision as to—

(a) the form and manner in which an application must be made,

(b) particulars of such matters as are to be included in the application,

(d) evidence to be provided in support of anything in, or relating to, the application.

(3) The regulations or development order must—

(a) require that an application for planning permission of such description as is specified in the regulations or order is to be accompanied by a statement (either or both and if both then either in one document or in two)—

(i) about the design principles and concepts applied to the development,

(ii) about how issues relating to access for the disabled to the development have been dealt with,

(b) include provision as to the form and content of any such statement as is mentioned in paragraph (a), and

(c) require that an application in respect of which compliance with section 35B is required is to be accompanied by a pre-application consultation report prepared in accordance with section 35C.

(4) Different provision may be made under this section—

(a) for different cases or classes of case,

(b) for different areas, and

Variation of application

Variation of application other than one referred to the Scottish Ministers

32A

(1) An application for planning permission (other than an application referred to the Scottish Ministers under section 46 instead of being dealt with by the planning authority) may, with the agreement of the planning authority, be varied after it is made.

(2) And if the planning authority consider the variation to be such that there is a substantial change in the description of the development for which planning permission is sought, they are not to agree to the variation.

(3) Without prejudice to the generality of subsection (1), regulations or a development order may make provision as to the period within which, the circumstances in which and the procedures in accordance with which an application may be varied; but in any event an application is not to be varied after there is an appeal as respects it under section 47.

(4) The planning authority may, when an application is varied under this section, give such notice of the variation as they consider appropriate.

(5) In the case of an application for planning permission made to the Scottish Ministers, this section has effect as if any reference to the “planning authority” (other than the first such reference in subsection (1)) were a reference to the Scottish Ministers.

Variation of application referred to the Scottish Ministers

32B

(1) An application for planning permission referred to the Scottish Ministers under section 46 instead of being dealt with by the planning authority may, with the agreement of the Scottish Ministers, be varied after it is made.

(2) And if the Scottish Ministers consider the variation to be such that there is a substantial change in the description of the development for which planning permission is sought, they are not to agree to the variation.

(3) Without prejudice to the generality of subsection (1), regulations or a development order may make provision as to the period within which, the circumstances in which and the procedures in accordance with which an application may be varied.

(4) The Scottish Ministers may, when an application is varied under this section, give such notice of the variation as they consider appropriate.

Planning permission for development already carried out.

33

(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) 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.

(4) But subsection (3) does not apply if, before the date of the application, an enforcement notice was issued in respect of the development.

Notice requiring application for planning permission for development already carried out

33A

Where there is a breach of planning control the planning authority may issue a notice—

(a) requiring the owner of the land in, on, over or under which the development has been carried out to make an application to them for planning permission for the development,

(b) describing the development in a way that is sufficient to identify it,

(d) setting out the terms of section 123(1).

Publicity for applications

Notice by planning authority of certain applications made to them

34

(1) A planning authority are to give notice—

(a) to such persons or categories of person,

(b) in such manner,

(d) on such number of occasions,

as may be prescribed in regulations or in a development order, of such applications mentioned in subsection (2) as are made to the authority.

(2) The applications are—

(a) for planning permission,

(b) for an approval required by a development order,

(d) for modification or discharge of a planning obligation under section 75A(2).

(2A) Where an application under subsection (2) is for a major development, a planning authority must give notice of the application to each—

(a) councillor of the local authority,

(b) member of the Scottish Parliament,

representing the district to which the application relates.

(3) The regulations or development order may—

(a) make provision in relation to the applications generally or in relation to such of those applications as are of a class or classes prescribed in the regulations or order,

(b) make different provision for different classes so prescribed.

(4) No such application is to be determined until after—

(a) the expiry of a period which is to be so prescribed,

(b) any requirement imposed by virtue of this section has been satisfied, and

(c) any sum recoverable from the applicant in respect of costs incurred by the planning authority in giving notice under subsection (1) has been paid to the authority.

(5) For the purposes of this section an applicant is to provide—

(a) to such person or persons,

(b) such information with respect to the application,

as may be so prescribed.

(6) A planning authority are to provide the Scottish Ministers with such information relating to the exercise by the authority of functions under this section (whether in relation to applications generally or in relation to a particular application or class of application) as the Scottish Ministers may request from them.

Notice etc. of applications to owners and agricultural tenants.

35

(1) Regulations or a development order shall make provision—

(a) as to the notice of any application for planning permission to be given to any person (other than the applicant) who at the beginning of the period of 21 days ending with the date of the application was—

(i) the owner of, or

(ii) the tenant of any agricultural land any part of which was comprised in,

any of the land to which the application relates, and

(b) requiring any applicant for such permission to issue a certificate as to the interests in the land to which the application relates or the purpose for which it is used,

and provide for publicising such applications and for the form, content and service of such notices and certificates.

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

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

(4) A planning authority shall not entertain any application for planning permission unless any requirements imposed by virtue of this section have been satisfied.

(5) If any person—

(a) issues a certificate which purports to comply with any requirement imposed by virtue of this section and contains a statement which he knows to be false or misleading in a material particular, or

(b) recklessly issues a certificate which purports to comply with any such requirement and contains a statement which is false or misleading in a material particular,

he shall be guilty of an offence.

(6) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(7) In this section—

“agricultural land” means land comprised in a lease constituting a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11) or comprised in a lease constituting a short limited duration tenancy , a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy (within the meaning of that Act); and

“owner” in relation to any land means any person who—under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking and includes any person entitled to possession of the land as lessee under a lease the unexpired period of which is not less than 7 years, orin the case of such applications as may be prescribed by regulations or by a development order, is entitled to an interest in any mineral so prescribed,and the reference to the interests in the land to which an application for planning permission relates includes any interest in any mineral in, on or under the land.

(8) Proceedings for an offence under this section may be brought at any time within the period of 2 years following the commission of the offence.

Pre-application consultation: preliminary

35A

(1) Before submitting an application for planning permission for a development of a class prescribed under this section the prospective applicant is, subject to the following provisions of this section, to comply with section 35B.

(1A) Subsection (1) does not apply to an application for planning permission

(a) to which section 42 applies, or

(b) in circumstances specified by the Scottish Ministers in regulations under this section.

(2) The regulations in question may, in prescribing classes of development, make different provision for different cases or classes of case and for different areas.

(3) A prospective applicant for planning permission for a development may, by notice, require the planning authority to state whether or not, in their opinion, compliance with section 35B is required.

(4) But the regulations may, in prescribing a class of development, provide that subsections (3) and (5) to (9) are not to apply—

(a) as respects that class, or

(b) as respects that class in circumstances specified in the regulations.

(5) Any notice under subsection (3) is to be in such form, and have such content, as may be prescribed in the regulations but must in any event contain the information mentioned in paragraphs (a) to (d) of section 35B(4).

(6) A planning authority receiving such a notice may, if they do not consider that it contains sufficient information to enable them to provide the statement sought, request the prospective applicant to provide additional information specified by them.

(7) Where such a notice is given it is the duty of the planning authority to provide the requisite statement within the period of 21 days after it is given (or within such other period as may be substituted for that period by the regulations).

(8) The period of 21 days mentioned in subsection (7) (or any other period substituted for that period) does not include any period between a request for information being made under subsection (6) and that information being provided to the planning authority

(9) If the authority respond by stating that in their opinion compliance with section 35B is not required, then provided that the application for planning permission for the development in question is submitted within 12 months after the notice was given and does not differ materially from the information regarding it contained in the notice and mentioned in paragraphs (a) to (c) of section 35B(4) the prospective applicant need not comply with section 35B.

(10) In the case of an application for planning permission made to the Scottish Ministers, this section has effect as if any reference to the “ planning authority ” or “the authority” were a reference to the Scottish Ministers.

Pre-application consultation: compliance

35B

(1) The following subsections apply where compliance with this section is required by virtue of section 35A(1).

(2) The prospective applicant is to give notice (to be known as a “proposal of application notice”) to the planning authority that an application for planning permission for the development is to be submitted.

(3) A period of at least 12 weeks , but no more than 18 months, must elapse between giving the notice and submitting any such application.

(4) A proposal of application notice is to be in such form, and have such content, as may be prescribed but must in any event contain—

(a) a description in general terms of the development to be carried out,

(b) if the site at which the development is to be carried out has a postal address, that address,

(c) a plan showing the outline of the site at which the development is to be carried out and sufficient to identify that site, and

(d) details as to how the prospective applicant may be contacted and corresponded with.

(5) Regulations may—

(a) require that the proposal of application notice be given to persons specified in the regulations,

(b) specify—

(i) persons who are to be consulted as respects a proposed application, and

(ii) what form that consultation is to take.

(6) Different provision may be made under subsection (5) for different cases or classes of case and for different areas.

(7) The planning authority may, provided that they do so within the period of 21 days after receiving the proposal of application notice, notify the prospective applicant that they require (either or both)—

(a) that the proposal of application notice be given to persons additional to those specified under subsection (5) (specifying in the notification who those persons are),

(b) that consultation additional to any required by virtue of subsection (5)(b) be undertaken as regards the proposed development (specifying in the notification what form that consultation is to take).

(8) In considering whether to give notification under subsection (7) the planning authority are to have regard to the nature, extent and location of the proposed development and to the likely effects, at and in the vicinity of that location, of its being carried out.

(9) In the case of an application for planning permission made to the Scottish Ministers, this section has effect as if any reference to the “planning authority” were a reference to the Scottish Ministers.

Pre-application consultation report

35C

(1) A person who, before submitting an application for planning permission for a development, is required to comply with section 35B and who proceeds to submit that application is to prepare a report (a “pre-application consultation report”) as to what has been done to effect such compliance.

(2) A pre-application consultation report is to be in such form and include such content as may be prescribed.

Registers of applications etc.

36

(1) Every planning authority shall keep, in such manner as may be prescribed by regulations or a development order, a register containing such information as may be so prescribed with respect to—

(a) applications for planning permission and for approval required by the regulations or order made to that authority,

(aa) any variation, by virtue of section 32A(1), to such an application,

(ab) documents to which regard was had in dealing with each such application (including documents to which regard was had in considering whether to agree to such a variation),

(ac) material considerations to which regard was had by virtue of section 37(2),

(ad) any pre-application consultation report prepared under section 35C(1) and submitted with such an application,

(b) the manner in which each such application has been dealt with and a copy of any notice given by virtue of paragraph (d) or (e) of section 43(1) in respect of an application (or, in the case of an application in respect of which notice does not fall to be so given, a statement of the reasons on which the authority based their decision on the application), ...

(ba) applications under section 242A(2) for planning permission in respect of development in the district of that authority,

(bb) the grant or refusal of planning permission by the Scottish Ministers under section 31A in respect of development in the district of that authority,

(ca) masterplan consent area schemes relating to parts of the authority's area, and

(d) any planning obligation entered into under section 75

(2) The regulations or the order may make provision for the register to be kept in two or more parts, each part containing such information relating to applications mentioned in subsection (1)(a) as may be prescribed by the regulations or order.

(3) The regulations or the order may also make provision—

(a) for a specified part of the register to contain copies of applications and variations to applications and of any plans or drawings submitted with such applications and variations and copies of documents to which regard was had in dealing with such applications and in considering whether to agree to such variations, and

(b) for the entry relating to any application, and everything relating to it, to be removed from that part of the register when the application (including any appealor review arising out of it) has been finally disposed of (without prejudice to the inclusion of any different entry relating to it in another part of the register).

(4) Every register kept under this section shall be available for inspection by the public at all reasonable hours.

Lists of applications

36A

(1) Every planning authority are, in such manner as may be prescribed by regulations or a development order, to keep a list of—

(a) the applications mentioned in section 36(1)(a) which are made to them (including any variations, by virtue of section 32A(1), to those applications),

(b) the applications mentioned in section 36(1)(ba) which are made in respect of development in their district, and

(2) Weekly, or at such intervals as may be so prescribed, the authority are—

(a) to revise the list by removing from it the entries relating to—

(i) such applications as have been determined, and

(ii) such proposal of application notices as have ceased to be current, and

(b) in such manner as may be so prescribed (or, if and in so far as the regulations or development order may admit, in such manner as the authority consider appropriate), to publish that revised list.

(3) The availability of the list is to be advertised by the authority in a local newspaper at such intervals as may be so prescribed.

(4) The regulations or development order may make provision as to how any costs incurred by the authority by virtue of this section are to be recovered from the applicants.

(5) In this section “publish”, without prejudice to that expression's generality, may include publish by electronic means (as for example by means of the internet).

(6) For the purposes of subsection (2)(a)(ii), a notice ceases to be current when—

(a) an application for planning permission is submitted for the development in question,

(b) the prospective applicant gives notice in writing under this paragraph to the planning authority that no application is to be submitted for the development in question, or

Determination of applications

Determination of applications: general considerations.

37

(1) Where an application is made to a planning authority for planning permission—

(a) subject to sections 27B(2) , 58 and 59, they may grant planning permission, either unconditionally or subject to such conditions as they think fit, or

(b) they may refuse planning permission.

(2) In dealing with such an application the authority shall have regard to the provisions of the development plan, so far as material to the application, and to any other material considerations.

(2A) The notice of the planning authority's decision on an application must include a statement as to whether the authority consider that the application is for a development that is in accordance with the development plan for the time being applicable to the area to which the application relates together with an explanation of why the authority have reached that view.

(3) Subsection (1) has effect subject to sections 34 and 35 and to the following provisions of this Act, and to sections 59(1), 60 and 65 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

(4) The date of the grant or refusal of—

(a) planning permission,

(b) an approval required by a development order, or

shall be the date on which the notice of the planning authority’s decision bears to have been signed on behalf of the authority.

Consultations in connection with determination of applications.

38

(1) In determining any application mentioned in section 34(2), the planning authority shall take into account any representations relating to that application which are received by them before the expiry of any period prescribed under subsection (4)(a) of that section.

(2) Where an application for planning permission is accompanied by such a certificate as is mentioned in section 35(1)(b), regulations or a development order may—

(a) provide that a planning authority shall not determine an application for planning permission before the end of such period as may be prescribed;

(b) require a planning authority—

(i) to take into account in determining such an application such representations, made within such period, as may be prescribed, and

(ii) to give to any person whose representations have been taken into account such notice as may be prescribed of their decision.

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

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

(5) In this section “site licence” means a licence under Part 1 of the Caravan Sites and Control of Development Act 1960 authorising the use of land as a caravan site.

Pre-determination hearings

38A

(1) Regulations or a development order may provide that, before determining an application for planning permission for a development of a class prescribed in the regulations or order, a planning authority are to give the applicant and any person so prescribed an opportunity of appearing before and being heard by a committee of the authority.

(2) The procedures in accordance with which any such hearing is arranged and conducted (including, without prejudice to the generality of this subsection, procedures for ensuring relevance and avoiding repetition) and any other procedures consequent upon the hearing are to be such as the authority consider appropriate.

(3) Any right of attendance at the hearing (other than for the purpose of appearing before and being heard by the committee) is to be such as the authority consider appropriate.

(4) In relation to an application other than is provided for in regulations or a development order under subsection (1), a planning authority may elect to give the applicant and any other person an opportunity such as is mentioned in that subsection; and if the authority do so elect, subsections (2) and (3) apply accordingly.

Declining to determine an application

39

(1) A planning authority may decline to determine an application (in this subsection referred to as the “ current application ”) for planning permission for the development of any land—

(a) if—

(i) in the period of 5 years ending with the date on which the current application is received, the Scottish Ministers have refused a similar application referred to them under section 46 or have dismissed an appeal against the refusal of, or an appeal under section 47(2) in respect of, a similar application, and

(ii) in the opinion of the authority there has not, since the Scottish Ministers refused the similar application or dismissed the appeal, been any significant change in the development plan (so far as material to the current application) or in any other material consideration,

(b) if—

(i) in that period of 5 years the planning authority have refused more than one similar application,

(ii) there has been no appeal to the Scottish Ministers against either (or as the case may be any) of those refusals, and

(iii) in the opinion of the authority there has not, since the more (or as the case may be most) recent of the refusals, been any significant change in the development plan (so far as material to the current application) or in any other material consideration,

(i) in that period of 5 years the planning authority have refused more than one similar application,

(ii) there has been an appeal to the Scottish Ministers against either (or as the case may be any) of those refusals but as at the time the current application is received no such appeal has yet been determined, and

(iii) in the opinion of the authority there has not, since the more (or as the case may be most) recent of the refusals, been any significant change in the development plan (so far as material to the current application) or in any other material consideration,

(d) if—

(i) in that period of 5 years there have been appeals under section 47(2) in respect of more than one similar application but as at the time the current application is received no such appeal has yet been determined, and

(ii) in the opinion of the authority there has not, since the more (or as the case may be most) recent of the appeals was made, been any significant change in the development plan (so far as material to the current application) or in any other material consideration, or

(e) if—

(i) in that period of 5 years two similar applications have been made to the planning authority,

(ii) the planning authority have refused one of those applications and there has been an appeal under section 47(2) in respect of the other but as at the time the current application is received the appeal under that section has yet to be determined as has the appeal (if any) against the refusal, and

(iii) in the opinion of the authority there has not, since the refusal or since the appeal was made (whichever was the more recent), been any significant change in the development plan (so far as material to the current application) or in any other material consideration.

(1A) A planning authority or the Scottish Ministers must decline to determine an application for planning permission for the development of any land if, in their opinion—

(a) compliance with section 35B was required as respects the development, and

(b) there has not been such compliance.

(1B) But before deciding whether, under subsection (1A), an application must be declined the authority or as the case may be the Scottish Ministers may request the applicant to provide such additional information as they may specify.

(1C) Where, under subsection (1A), a planning authority or the Scottish Ministers decline to determine an application they are to advise the applicant of the reason for their being of the opinion mentioned in that subsection.

(1D) Subsection (1A) is subject to section 35A(9).

(2) For the purposes of this section an application for planning permission for the development of any land shall be taken to be similar to a later application only if the development and the land to which the applications relate are in the opinion of the planning authority the same or substantially the same.

(2A) For the purposes of the application of this section by virtue of section 43A(5)—

(a) the references in subsection (1) to an appeal to the Scottish Ministers include a reference to a requirement on the planning authority to review a case by virtue of section 43A(8);

(b) the references in that subsection to the dismissal by the Scottish Ministers of an appeal include a reference to the upholding by the planning authority of a determination on review; and

(c) the references to an appeal under section 47(2) include a reference to a requirement to review under section 43A(8)(c).

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

Declining to determine an application: further provision

39A

The Scottish Ministers must publish guidance outlining what constitutes a “similar application” and a “significant change” for the purposes of section 39.

Assessment of environmental effects.

40

(1) The Secretary of State may by regulations make provision about the consideration to be given, before planning permission for development of any class specified in the regulations is granted, to the likely environmental effects, including effects on biodiversity, of the proposed development.

(2) The regulations—

(a) may make the same provision as, or provision similar or corresponding to, any provision made, for the purposes of any EU obligation of the United Kingdom about the assessment of the likely effects of development on the environment, under section 2(2) of the European Communities Act 1972, and

(b) may make different provisions for different classes of development.

(3) Where a draft of regulations made in exercise both of the power conferred by this section and the power conferred by section 2(2) of the European Communities Act 1972 is approved by resolution of each House of Parliament, no statutory instrument containing such regulations shall be subject to annulment by virtue of section 275(3).

(4) Without prejudice to subsection (1), before planning permission is granted by a planning authority in respect of anything which is development by virtue of section 26(6), the authority must consider the effect of the proposed development on the water environment.

(4A) In subsection (1), “effects on biodiversity” includes the net positive effects on biodiversity that would be likely to result from the development.

(5) In subsection (4), “ water environment ” has the same meaning as in section 3(2) of the Water Environment and Water Services (Scotland) Act 2003 (asp 3).

Conditional grant of planning permission.

41

(1) Without prejudice to the generality of section 37(1) to (3), conditions may be imposed on the grant of planning permission under that section—

(a) for regulating the development or use of any land under the control of the applicant (whether or not it is land in respect of which the application was made) or requiring the carrying out of works on any such land, so far as appears to the planning authority to be expedient for the purposes of or in connection with the development authorised by the permission;

(b) for requiring the removal of any buildings or works authorised by the permission, or the discontinuance of any use of land so authorised, at the end of a specified period, and the carrying out of any works required for the reinstatement of land at the end of that period.

(i) make an application for a consent, agreement or approval, or

(ii) carry out some other action in connection with the permission or development.

(2) Conditions may not be imposed by a planning authority under subsection (1)(a) for regulating the development or use of any land within the area of another planning authority except with the consent of that authority.

(3) Subject to paragraph 1(6)(a) of Schedule 3, a planning permission which is granted subject to such a condition as is mentioned in subsection (1)(b) is in this Act referred to as “planning permission granted for a limited period”.

(4) Where—

(a) planning permission is granted for development consisting of or including the carrying out of building or other operations subject to a condition that the operations shall be commenced not later than a time specified in the condition, and

(b) any building or other operations are commenced after the time so specified,

the commencement and carrying out of those operations do not constitute development for which that permission was granted.

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

(6) Part I of Schedule 3 shall have effect for the purpose of making special provision with respect to the conditions which may be imposed on the grant of planning permission for development consisting of the winning and working of minerals.

Conditional grant of planning permission: noise-sensitive developments

41A

(1) A development that is the subject of an application for planning permission is a “noise-sensitive development” if residents or occupiers of the development are likely to be affected by significant noise from existing activity in the vicinity of the development (a “noise source”).

(2) Without prejudice to the generality of section 41(1), a planning authority—

(a) must, when considering under section 37 whether to grant planning permission for a noise-sensitive development subject to conditions, take particular account of whether the development includes sufficient measures to mitigate, minimise or manage the effect of noise between the development and any existing cultural venues or facilities (including in particular, but not limited to, live music venues), or dwellings or businesses in the vicinity of the development, and

(b) may not, as a condition of granting planning permission for a noise-sensitive development, impose on a noise source additional costs relating to acoustic design measures to mitigate, minimise or manage the effects of noise.

Conditional grant of planning permission: provision of toilet facilities within certain large developments

41B

(1) Without prejudice to the generality of section 41(1), a planning authority may grant planning permission for a development that falls within subsection (2) only on condition that the development includes at least one toilet facility described in subsection (3).

(2) A development that is the subject of an application for planning permission falls within this subsection if it is for the construction of a building, structure or other erection for use for any of the following purposes—

(a) as a school, college or university,

(b) as a community centre, sports and leisure centre, or similar public building,

(d) as a retail outlet...,

(e) as a cultural centre, such as a museum, concert hall or art gallery,

(f) as a stadium or large auditorium,

(g) as a major transport terminus or interchange,

(h) as a motorway service facility.

(i) as a conference or exhibition centre,

(j) as a restaurant or cafe,

(k) as a public house or nightclub.

(3) The toilet facility mentioned in subsection (1) is an accessible public facility which—

(a) has sufficient space, being not less than 12 square metres, to allow up to two carers to assist an adult to use the toilet and the equipment mentioned in paragraph (c),

(b) has a ...toilet with sufficient space, being not less than 1 metre, from the wall on either side for carers to assist an adult to use the toilet,

(i) a height-adjustable changing bench of a size suitable for an adult,

(ii) a tracking hoist able to cover the full floor area of the facility,

(d) is equipped with—

(i) a non-slip floor surface,

(ii) a screen or curtain,

(iii) a height adjustable wash hand basin,

(iv) grab rails to assist in the use of the toilet facility,

(v) a shelf or other surface suitable for temporary placing of colostomy bags and related equipment.

(vi) a call assistance system.

(4) The Scottish Ministers may by regulations—

(a) amend subsection (2) so as—

(i) to add, amend or remove a purpose, or

(ii) to describe other types of development that fall within subsection (2), (whether or not by reference to the development's use for a particular purpose) and to amend or remove such types,

(b) specify that the requirement in subsection (1) does not apply—

(i) to a particular building, structure or erection,

(ii) to such descriptions of buildings, structures or erections as may be prescribed, or

(iii) in such circumstances as may be prescribed,

Determination of applications to develop land without compliance with conditions previously attached.

42

(1) This section applies, subject to subsection (4), to applications for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.

(2) On such an application the planning authority shall consider only the question of the conditions subject to which planning permission should be granted, and—

(a) if they decide that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it should be granted unconditionally, they shall grant planning permission accordingly;

(b) if they decide that planning permission should be granted subject to the same conditions as those subject to which the previous permission was granted, they shall refuse the application.

(3) The Scottish Ministers may by regulations or a development order make special provision as regards the procedure to be followed in connection with such applications.

(4) This section does not apply if the previous permission was granted subject to a condition as to the time within which the development to which it related was to be begun, and that time has expired without the development having been begun.

Directions etc. as to method of dealing with applications.

43

(1) Provision may be made by regulations or a development order for regulating the manner in which applications for planning permission to develop land are to be dealt with by planning authorities, and in particular—

(a) for enabling the Secretary of State to give directions restricting the grant of planning permission by the planning authority, either indefinitely or during such period as may be specified in the directions, in respect of any such development, or in respect of development of any such class, as may be so specified;

(aa) for enabling the Scottish Ministers to give directions to the planning authority requiring them, in respect of any such development, or in respect of development of any such class, as may be specified in the directions—

(i) to consider, where the authority are minded to grant planning permission, imposing a condition specified in, or of a nature indicated in, the directions; and

(ii) (unless the directions are withdrawn) not to grant planning permission without first satisfying the Scottish Ministers that such consideration has been given and that such a condition either will be imposed or need not be imposed;

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

(bb) for enabling the planning authority, in the course of their consideration of an application, to require from the applicant particulars, documents, materials or evidence which they consider they require to enable them to deal with the application (being particulars, documents, materials or evidence additional to any which, by virtue of section 32(2), as the case may be, was included in, accompanied or was provided in support of anything in, or relating to, the application);

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

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

(e) for requiring the planning authority to give any applicant for any consent, agreement or approval required by a condition imposed on a grant of planning permission notice of their decision on his application, within such time as may be so prescribed;

(f) for requiring , or enabling directions to be made requiring, the planning authority to give to the Scottish Ministers and to such other persons as may be prescribed by or under the regulations, order or directions, such information as may be so prescribed with respect to applications for planning permission made to the authority, including information as to the manner in which any such application has been dealt with.

(1A) Any notice given by virtue of paragraph (d) or (e) of subsection (1)—

(a) is to include a statement of—

(i) the terms of the planning authority's decision,

(ii) any conditions to which that decision is subject, and

(iii) the reasons on which the authority based that decision, and

(b) may include such other information as may be prescribed by the regulations or the order.

(2) Paragraphs (d) and (f) of subsection (1) shall apply in relation to applications for an approval required by regulations under this Act or a development order as they apply in relation to applications for planning permission.

(3) Paragraphs (a) and (f) of that subsection shall apply in relation to applications under section 75A(2) as they apply in relation to applications for planning permission.

(4) For the purposes of the application provided for in subsection (3), the reference in paragraph (a) of subsection (1) to restricting the grant of planning permission is to be construed as a reference to restricting ... the making of any determination under section 75A(4).

Local developments: schemes of delegation

43A

(1) A planning authority are—

(a) as soon as practicable after the coming into force of section 17 of the Planning etc. (Scotland) Act 2006 (asp 17), and thereafter—

(i) whenever required to do so by the Scottish Ministers, or

(ii) subject to sub-paragraph (i), at such intervals as may be provided for in regulations under this section,

to prepare a scheme (to be known as a “ scheme of delegation ”) by which any application for planning permission for a development within the category of local developments or any application for consent, agreement or approval required by a condition imposed on a grant of planning permission for a development within that category is to be determined by a person appointed by them for the purposes of this section instead of by them, and

(b) to keep under review the scheme so prepared.

(2) Other than for the purposes of subsections (8) to (16) or section 47, the determination of any person so appointed is to be treated as that of the authority.

(3) References in subsection (1) to a development do not include references to a development of a class mentioned in section 38A(1).

(4) Without prejudice to subsection (1)(a)(ii), regulations under this section may make provision as to—

(a) the form and content of, and

(b) the procedures for preparing and adopting,

a scheme of delegation.

(5) Where an application for planning permission falls to be determined by a person so appointed, sections 27A(2), 27B(2), 30(3), 32A, 37(1) to (3), 38, 39, 40, 41(1) and (2), 42, 43(1) to (2), 46, 58, 59 and 60 and Part 1 of Schedule 3 apply, with any necessary modifications (including, in the case of that Part, the modification mentioned in subsection (18)), as they apply to an application which falls to be determined by the planning authority.

(6) The planning authority may, if they think fit, decide themselves to determine an application which would otherwise fall to be determined by a person so appointed.

(7) Any such decision must include a statement of the reasons for which it has been taken; and a copy of the decision is to be served on the applicant.

(8) Where a person so appointed—

(a) refuses an application for planning permission or for consent, agreement or approval,

(b) grants it subject to conditions, or

(c) has not determined it within such period as may be prescribed by regulations or a development order or within such extended period as may at any time be agreed upon in writing between the applicant and the person so appointed,

the applicant may require the planning authority to review the case.

(8A) A requirement to review may not be made by virtue of paragraph (c) of subsection(8) if within the period (or extended period) mentioned in that paragraph notice has been given to the applicant that—

(a) the power under section 39 to decline to determine the application has been exercised; or

(b) the application has been referred to the Scottish Ministers in accordance with directions given under section 46.

(9) Where a requirement to review is made by virtue of paragraph (c) of subsection (8), the person so appointed is, for the purposes of the review, to be deemed to have decided to refuse the application.

(10) Regulations or a development order may make provision as to the form and procedures of any review conducted by virtue of subsection (8).

(11) Without prejudice to the generality of subsection (10), the regulations or order may—

(a) make different provision for different cases or classes of case,

(b) make different provision for different stages of a case,

(d) make provision in relation to time limits (including a time limit for requiring the review), and

(e) require the planning authority to give to the person who has required the review such notice as may be prescribed by the regulations or the order as to the manner in which that review has been dealt with.

(12) Any notice given by virtue of paragraph (e) of subsection (11)—

(a) is to include a statement of—

(i) the terms in which the planning authority have decided the case reviewed, and

(ii) the reasons on which the authority based that decision, and

(b) may include such other information as may be prescribed by the regulations or the order.

(13) The provision which may be made by virtue of subsections (10) and (11) includes provision as to—

(a) the making of oral submissions, or as to any failure to make such submissions or to lodge documents in support of such submissions, or

(b) the lodging of, or as to any failure to lodge, written submissions or documents in support of such submissions,

and, subject to section 43B, as to what matters may be raised in the course of the review.

(14) The provision which may be made by virtue of subsections (10) and (11) includes provision that the manner in which the review, or any stage of the review, is to be conducted (as for example whether oral submissions are to be made or written submissions lodged) is to be at the discretion of the planning authority.

(15) The planning authority may uphold, reverse or vary a determination reviewed by them by virtue of subsection (8).

(16) Subject to subsection (17) and except as provided under section 239, the decision of a planning authority in a case reviewed under this section is final.

(17) Where a requirement to review is made by virtue of paragraph (c) of subsection (8) and the planning authority have not conducted the review within such period as may be prescribed by regulations or a development order, the authority are to be deemed to have decided to refuse the application and section 47(1) is to apply accordingly.

(18) The modification is that, in paragraph 1(6) of Schedule 3, for paragraph (b) there is substituted—

(b) is to be regarded for the purposes of section 43A as a condition imposed by a decision of the appointed person, and may accordingly be the subject of a review under subsection (8) of that section.

Matters which may be raised in a review under section 43A(8)

43B

(1) In a review under section 43A(8), a party to the proceedings is not to raise any matter which was not before the appointed person at the time the determination reviewed was made unless that party can demonstrate—

(a) that the matter could not have been raised before that time, or

(b) that its not being raised before that time was a consequence of exceptional circumstances.

(2) Nothing in subsection (1) affects any requirement or entitlement to have regard to—

(a) the provisions of the development plan, or

(b) any other material consideration.

Effect of planning permission.

44

(1) Without prejudice to the provisions of this Part as to the duration, revocation or modification of planning permission, any grant of planning permission to develop land shall (except in so far as the permission otherwise provides) enure for the benefit of the land and of all persons for the time being interested in it.

(2) Where planning permission is granted for the erection of a building, the grant of permission may specify the purposes for which the building may be used.

(3) If no purpose is so specified, the permission shall be construed as including permission to use the building for the purpose for which it is designed.

Duty to draw attention to certain provisions for benefit of disabled.

45

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

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

Call-in of applications by Secretary of State.

46

(1) The Secretary of State may give directions requiring any such applications as are mentioned in section 34(2) to be referred to him instead of being dealt with by planning authorities.

(1A) A direction under subsection (1) may be withdrawn or modified by a subsequent direction.

(2) A direction under this section—

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

(ab) may relate to an application which is the subject of a review by the planning authority under section43A(8),

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

(3) Any application in respect of which a direction under subsection (1) has effect shall be referred to the Secretary of State.

(4) ... where an application is referred to the Secretary of State under this section—

(a) sections 33, 37(1) to (3), 38(1) to (3), 41(1) and (2) and 42 and paragraphs 2 to 6 of Schedule 3 shall apply, with any necessary modifications, as they apply to an application which falls to be determined by the planning authority, and

(b) regulations or a development order may apply, with or without modifications, to an application so referred any requirements imposed by the regulations or order by virtue of section 34 or 35.

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

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Call-in of applications by Scottish Ministers: further provision

46A

(1) The Scottish Ministers must lay before the Scottish Parliament and publish, in such manner as they consider appropriate, a statement setting out the circumstances in which they consider it appropriate to give directions as mentioned in section 46(1).

(2) The Scottish Ministers may from time to time publish a revised or replacement statement under subsection (1).

Right to appeal against planning decisions and failure to take such decisions.

47

(1) Where a planning authority—

(a) refuse an application for planning permission or grant it subject to conditions,

(b) refuse an application for any consent, agreement or approval of that authority required by a condition imposed on a grant of planning permission or grant it subject to conditions, or

(c) refuse an application for any approval of that authority required under a development order or grant it subject to conditions,

the applicant may appeal to the Secretary of State against the decision.

(1A) But subsection (1) does not apply in relation to any such action on the part of a planning authority as is mentioned in section 237(3A).

(2) A person who has made such an application may also appeal to the Secretary of State if the planning authority have not given to the applicant—

(a) notice of their decision on the application,

(b) notice that they have exercised their power under section 39 to decline to determine the application, or

(c) notice that the application has been referred to the Secretary of State in accordance with directions given under section 46,

within such period as may be prescribed by regulations or a development order or within such extended period as may at any time be agreed upon in writing between the applicant and the authority.

(3) Any appeal under this section shall be made by notice served within such time and in such manner as may be prescribed by regulations or a development order.

(4) The time prescribed for the service of such a notice must not be less than—

(a) 28 days from the date of the notification of the decision, or

(b) in the case of an appeal under subsection (2), 28 days from the end of the period prescribed as mentioned in subsection (2) or, as the case may be, the extended period mentioned in that subsection.

(5) For the purposes of the application of sections 48(1) and 218(1)(b) and paragraph 2(2)(c) of Schedule 16 in relation to an appeal under subsection (2), the authority shall be deemed to have decided to refuse the application in question.

Matters which may be raised in an appeal under section 47(1)

47A

(1) In an appeal under section 47(1), a party to the proceedings is not to raise any matter which was not before the planning authority at the time the decision appealed against was made unless that party can demonstrate—

(a) that the matter could not have been raised before that time, or

(b) that its not being raised before that time was a consequence of exceptional circumstances.

(2) Nothing in subsection (1) affects any requirement or entitlement to have regard to—

(a) the provisions of the development plan, or

(b) any other material consideration.

Determination of appeals.

48

(1) On an appeal under section 47 the Secretary of State may—

(a) allow or dismiss the appeal, or

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

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

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

(3) If the Secretary of State proposes to reverse or vary any part of the decision of the planning authority to which the appeal does not relate, he shall give notice of his intention to the planning authority and to the appellant and shall give each of them an opportunity of making representations about his proposals.

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

(5) ... in relation to an appeal to the Secretary of State under section 47—

(a) sections 33, 37(1) to (3), 38(1) to (3), 41(1) and (2) and 42 and Part I of Schedule 3 shall apply, with any necessary modifications, as they apply in relation to an application for planning permission which falls to be determined by the planning authority, and

(b) regulations or a development order may apply, with or without modifications, to such an appeal any requirements imposed by the regulations or order by virtue of section 34 or 35.

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

(7) If, before or during the determination of such an appeal in respect of an application for planning permission to develop land, the Secretary of State forms the opinion that, having regard to the provisions of sections 37 and 41(1) and (2), any regulations made under this Act in that regard and of any development order and any directions given under such regulations or order, planning permission for that development—

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

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

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

(8) If at any time before or during the determination of an appeal under section 47 it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, he may—

(a) give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are specified in the notice for the expedition of the appeal, and

(b) if the appellant fails to take those steps within that period, dismiss the appeal accordingly.

(9) Schedule 4 applies to appeals under section 47, including appeals under that section as applied by or under any other provision of this Act.

Simplified planning zones

Simplified planning zones.

49

(1) A simplified planning zone is an area in respect of which a simplified planning zone scheme is in force.

(2) The adoption or approval of a simplified planning zone scheme has effect to grant in relation to the zone, or any part of it specified in the scheme, planning permission—

(a) for development specified in the scheme, or

(b) for development of any class so specified.

(3) Planning permission under a simplified planning zone scheme may be unconditional or subject to such conditions, limitations or exceptions as may be specified in the scheme.

Alteration of simplified planning zone schemes.

50

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

(2) A planning authority may at any time decide―

(b) to alter a simplified planning zone scheme adopted by them, or

(3) Schedule 5 has effect with respect to the ... alteration of simplified planning zone schemes and other related matters.

Simplified planning zone schemes: conditions and limitations on planning permission.

51

(1) The conditions and limitations on planning permission which may be specified in a simplified planning zone scheme may include—

(a) conditions or limitations in respect of all development permitted by the scheme or in respect of particular descriptions of development so permitted, and

(b) conditions or limitations requiring the consent, agreement or approval of the planning authority in relation to particular descriptions of permitted development.

(2) Different conditions or limitations may be specified for different cases or classes of case.

(3) Nothing in a simplified planning zone scheme shall affect the right of any person—

(a) to do anything not amounting to development, or

(b) to carry out development for which planning permission is not required or for which permission has been granted otherwise than by the scheme.

(4) No limitation or restriction subject to which permission has been granted otherwise than under the scheme shall affect the right of any person to carry out development for which permission has been granted under the scheme.

Duration of simplified planning zone scheme.

52

(1) A simplified planning zone scheme shall take effect on the date of its adoption or approval and shall cease to have effect at the end of the period of 10 years beginning with that date.

(2) When the scheme ceases to have effect planning permission under it shall also cease to have effect except in a case where the development authorised by it has been begun.

Alteration of simplified planning zone scheme.

53

(1) This section applies where alterations to a simplified planning zone scheme are adopted or approved.

(2) The adoption or approval of alterations providing for the inclusion of land in the simplified planning zone has effect to grant in relation to that land, or such part of it as is specified in the scheme, planning permission for development so specified or of any class so specified.

(3) The adoption or approval of alterations providing for the grant of planning permission has effect to grant such permission in relation to the simplified planning zone, or such part of it as is specified in the scheme, for development so specified or development of any class so specified.

(4) The adoption or approval of alterations providing for the withdrawal or relaxation of conditions, limitations or restrictions to which planning permission under the scheme is subject has effect to withdraw or relax the conditions, limitations or restrictions immediately.

(5) The adoption or approval of alterations providing for—

(a) the exclusion of land from the simplified planning zone,

(b) the withdrawal of planning permission, or

(c) the imposition of new or more stringent conditions, limitations or restrictions to which planning permission under the scheme is subject,

has effect to withdraw permission, or to impose the conditions, limitations or restrictions, with effect from the end of the period of 12 months beginning with the date of the adoption or approval.

(6) The adoption or approval of alterations to a scheme does not affect planning permission under the scheme in any case where the development authorised by it has been begun.

Exclusion of certain descriptions of land or development.

54

(1) The following descriptions of land may not be included in a simplified planning zone—

(a) land in a conservation area;

(b) land in a National Scenic Area;

(d) land in a site of special scientific interest;

(e) land in respect of which a nature conservation order or land management order made under Part 2 of the Nature Conservation (Scotland) Act 2004 (asp 6) has effect;

(2) Where land included in a simplified planning zone becomes land of a description mentioned in subsection (1), that subsection does not have effect to exclude it from the zone.

(3) The Secretary of State may by order provide that no simplified planning zone scheme shall have effect to grant planning permission—

(a) in relation to an area of land specified in the order or to areas of land of a description so specified, or

(b) for development of a description specified in the order.

(4) An order under subsection (3) has effect to withdraw such planning permission under a simplified planning zone scheme already in force with effect from the date on which the order comes into force, except in a case where the development authorised by the permission has been begun.

Making and alteration of schemes

54A

Schedule 5A—

(a) makes provision about the making and alteration of masterplan consent area schemes (including the right to request that a scheme be made or altered), and

(b) confers powers on the Scottish Ministers in connection with such schemes.

Scheme grants planning permission, etc.

54B

(1) A masterplan consent area scheme acts as a grant of authorisation for carrying out, within the area to which the scheme relates, development that—

(a) is either—

(i) specified in the scheme, or

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