Town and Country Planning (Scotland) Act 1997

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• (ii) (unless the directions are withdrawn) not to grant planning permission without first satisfying the Scottish Ministers that such consideration has been given and that such a condition either will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

• (c) make provision in relation to oral or written submissions and to documents in support of such submissions,

• (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

• (c) with the consent of the Secretary of State, to alter a scheme approved by him.

• (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;

• (c) land identified in the development plan for the area as part of a green belt;

• (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.

Masterplan consent areas

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

• (ii) of a description specified in the scheme, and

• (b) is begun before the end of the day on which the scheme ceases to have effect.

• (2) Authorisation granted by a scheme is subject to—

• (a) any conditions, limitations and exceptions specified in the scheme, and

• (b) any regulations made under paragraph 19 of schedule 5A (read with paragraph 20 of that schedule).

• (3) In this section, “authorisation” means—

• (a) planning permission, and

• (b) if the scheme so provides—

• (i) consent to the construction of a new road or an extension of an existing road for the purposes of section 21(1) of the Roads (Scotland) Act 1984

• (ii) authorisation for works in relation to a listed building for the purposes of section 6 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, and

• (iii) authorisation for works in relation to a building in a conservation area for the purposes of section 66(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and section 6 of that Act as applied by any regulations under section 66(3) of that Act.

Content of schemes: self-build housing

54C

• (1) A masterplan consent area scheme may, under section 54B(1)(a), specify—

• (a) development in the form of self-build housing, or

• (b) a description of development which includes self-build housing.

• (2) For the purpose of subsection (1), self-build housing is where an individual commissions or (whether acting alone or with other individuals) is personally involved in the design and construction of a dwelling that is intended to be the individual's main residence once it is built.

• (3) Nothing in this section is to be construed as limiting the development or a description of development that may be specified under section 54B(1)(a).

Effect of altering scheme

54D

• (1) Alterations to a scheme have effect from the day they are made.

• (2) Subsection (3) applies where—

• (a) development for which authorisation is granted by a scheme has begun, and

• (b) the scheme is subsequently altered.

• (3) The authorisation that the scheme grants for the development is unaffected by the alteration, unless the scheme (as altered) provides otherwise.

• (4) But the scheme may not provide that the alteration affects the authorisation for the development if the effect would be to remove authorisation for anything that was authorised by the scheme when the development began.

Further provision about effect of scheme

54E

• (1) The right to carry out development in accordance with authorisation granted by a scheme is unaffected by any limitations or restrictions imposed in relation to any other grant of permission, consent or authorisation.

• (2) Nothing in a scheme affects the right of any person to—

• (a) do anything that is not development, or

• (b) carry out development for which—

• (i) no permission, consent or authorisation which may be granted by a scheme is required, or

• (ii) any such permission, consent or authorisation that is required is granted otherwise than under the scheme.

Interpretation of provisions about schemes

54F

• (1) This section makes provision about the interpretation of sections 54B to 54E.

• (2) References to a scheme are to a masterplan consent area scheme.

• (3) References to the authorisation granted by a scheme are to be construed in accordance with section 54B(3).

• (4) References to development include any activity mentioned in section 54B(3)(b) (whether or not it otherwise falls to be regarded as development for the purposes of this Act).

Enterprise zone schemes

Planning permission for development in enterprise zones.

55

• (1) An order designating an enterprise zone under Schedule 32 to the Local Government, Planning and Land Act 1980 shall (without more) have effect on the date on which the order designating the zone takes effect to grant planning permission for development specified in the scheme or for development of any class so specified.

• (2) The approval of a modified scheme under paragraph 11 of that Schedule shall (without more) have effect on the date on which the modifications take effect to grant planning permission for development specified in the modified scheme or for development of any class so specified.

• (3) Planning permission so granted shall be subject to such conditions or limitations as may be specified in the scheme or modified scheme or, if none are specified, shall be unconditional.

• (4) Subject to subsection (5), where planning permission is so granted for any development or class of development the enterprise zone authority may direct that the permission shall not apply in relation to—

• (a) a specified development,

• (b) a specified class of development, or

• (c) a specified class of development in a specified area within the enterprise zone.

• (5) An enterprise zone authority shall not give a direction under subsection (4) unless—

• (a) they have submitted it to the Secretary of State, and

• (b) he has notified them that he approves of their giving it.

• (6) If the scheme or the modified scheme specifies, in relation to any development it permits, matters which will require approval by the enterprise zone authority, the permission shall have effect accordingly.

• (7) The Secretary of State may by regulations make provision as to—

• (a) the procedure for giving a direction under subsection (4), and

• (b) the method and procedure relating to the approval of matters specified in a scheme or modified scheme as mentioned in subsection (6).

• (8) Such regulations may modify any provision of the planning Acts or any instrument made under them or may apply any such provision or instrument (with or without modification) in making any such provision as is mentioned in subsection (7).

• (9) Nothing in this section prevents planning permission being granted in relation to land in an enterprise zone otherwise than by virtue of this section (whether the permission is granted in pursuance of an application made under this Part, under section 242A or by a development order).

• (10) Nothing in this section prejudices the right of any person to carry out development apart from this section.

Effect on planning permission of modification or termination of scheme.

56

• (1) Modifications to an enterprise zone scheme do not affect planning permission under the scheme in any case where the development authorised by it has been begun before the modifications take effect.

• (2) When an area ceases to be an enterprise zone, planning permission under the scheme shall cease to have effect except in a case where the development authorised by it has been begun.

Deemed planning permission

Development with government authorisation.

57

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

• (2) On granting or varying a consent under section 36 or 37 of the Electricity Act 1989, the Scottish Ministers may give a direction for planning permission to be deemed to be granted, subject to such conditions (if any) as may be specified in the direction, for—

• (a) so much of the operation or change of use to which the consent relates as constitutes development;

• (b) any development ancillary to the operation or change of use to which the consent relates.

• (2ZA) On varying a consent under section 36 or 37 of the Electricity Act 1989, the Scottish Ministers may give one or more of the following directions (instead of, or as well as, a direction under subsection (2))—

• (a) a direction for an existing planning permission deemed to be granted by virtue of a direction under subsection (2) (whenever made) to be varied as specified in the direction;

• (b) a direction for any conditions subject to which any such existing planning permission was deemed to be granted to be varied as specified in the direction;

• (c) a direction for any consent, agreement or approval given in respect of a condition subject to which any such existing planning permission was deemed to be granted to be treated as given in respect of a condition subject to which a new or varied planning permission is deemed to be granted.

• (2A) On making an order under section 1 of the Transport and Works (Scotland) Act 2007 which includes provision for development, the Scottish Ministers may direct that planning permission for that development shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.

• (2B) On—

• (a) confirming a flood protection scheme under paragraph 7(4) of schedule 2 to the Flood Risk Management (Scotland) Act 2009 (asp 6) in respect of any operation which would constitute development, or

• (b) a local authority confirming such a scheme under paragraph 4(1) or 9(1) of that schedule,

the Scottish Ministers must direct that planning permission for that development shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.

• (3) The provisions of this Act (except Part XI) shall apply in relation to any planning permission deemed to be granted by virtue of a direction under this section as if it had been granted by the Secretary of State on an application referred to him under section 46.

• (4) For the purposes of this section development is authorised by a government department if—

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

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

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

• (d) authority is given by the department—

• (i) for the borrowing of money for the purpose of the development, or

• (ii) for the application for that purpose of any money not otherwise so applicable, or

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

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

• (5) In subsection (2)(b), the reference to ancillary development, in the case of a consent relating to the extension of a generating station, does not include any development which is not directly related to the generation of electricity by that station; and in this subsection “extension” and “generating station” have the same meanings as in Part I of the Electricity Act 1989.

Duration of planning permission

Duration of planning permission

58

• (1) Where a planning permission to which this section applies is granted or deemed to be granted, it must be granted or, as the case may be, is to be deemed to be granted subject to the condition that the development to which it relates must be begun not later than the expiration of—

• (a) 3 years beginning with the date on which the permission is granted or, as the case may be, deemed to be granted, or

• (b) such other period (whether longer or shorter) as the authority concerned may specify when granting the permission or, as the case may be, in making a direction under section 57.

• (2) If planning permission is granted or is deemed to be granted without the condition required by subsection (1), the permission is deemed to be subject to the condition that the development to which it relates must be begun not later than the expiration of 3 years beginning with the date on which the permission is granted or, as the case may be, deemed to be granted.

• (3) If development has not begun at the expiration of the period mentioned in paragraph (a) or (b) of subsection (1) or, as the case may be, subsection (2), the planning permission lapses.

• (3A) A period specified under subsection (1)(b) is to be a period—

• (a) beginning with the date on which the planning permission is granted or deemed to be granted, and

• (b) which the authority concerned consider appropriate having regard to the provisions of the development plan and to any other material considerations.

• (3B) During the emergency period, a planning permission which otherwise would lapse under subsection (1) or (2) lapses at the end of the extended period, unless, before the end of the extended period, the development to which the permission relates is begun.

• (3C) In subsection (3B)—

• “emergency period” means the period ... beginning with the date on which paragraph 9 of schedule 7 of the Coronavirus (Scotland) Act 2020 came into force and ending at the end of 30 September 2022,

• “extended period” means the period ... beginning with the date that paragraph came into force and ending at the end of 31 March 2023.

• (3D) The Scottish Ministers may, by regulations, amend the definition of “emergency period” or “extended period” in subsection (3C).

• (3E) Regulations under subsection (3D) are subject to the negative procedure.

• (4) This section applies to every planning permission with the exception of—

• (a) any planning permission granted by a development order,

• (b) any planning permission for any development carried out before the grant of planning permission,

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

• (e) any planning permission granted by an enterprise zone scheme,

• (f) any planning permission granted by a simplified planning zone scheme, ...

• (fa) any planning permission granted by a masterplan consent area scheme, or

• (g) any planning permission in principle, within the meaning of section 59.

Planning permission in principle

59

• (1) “Planning permission in principle” is planning permission (granted in accordance with the provisions of regulations or a development order)—

• (a) in respect of the carrying out of building, engineering, mining or other operations in, on, over or under land, and

• (b) subject to a condition, imposed under section 37(1)(a), that the development in question will not be begun until certain matters (which may, but need not be, particularised in the application) have been approved by the planning authority or as the case may be the Scottish Ministers.

• (2A) Where planning permission in principle is granted, it must be granted subject to the condition that the development to which it relates must be begun not later than the expiration of—

• (a) 5 years beginning with the date on which the permission is granted, or

• (b) such other period (whether longer or shorter) as the authority concerned may specify when granting the permission.

• (2B) If planning permission in principle is granted without the condition required by subsection (2A), the permission is deemed to be subject to the condition that the development to which it relates must be begun not later than the expiration of 5 years beginning with the date of the grant.

• (2C) If development has not begun at the expiration of the period mentioned in paragraph (a) or (b) of subsection (2A) or, as the case may be, subsection (2B), the planning permission in principle lapses.

• (2D) A period specified under subsection (2A)(b) is to be a period—

• (a) beginning with the date on which the planning permission in principle is granted, and

• (b) which the authority concerned consider appropriate having regard to the provisions of the development plan and to any other material considerations.

• (8A) During the emergency period, a planning permission which otherwise would lapse under subsection (4) (including by virtue of a direction made under subsection (5)) lapses at the end of the extended period, unless, before the end of the extended period, the development to which the permission relates is begun.

• (8B) Where the latest date by which an application would otherwise be required to be made under subsection (2)(a) falls within the emergency period, then that application may be made at any time before the end of the extended period.

• (8C) In subsections (8A) and (8B)—

• “emergency period” means the period ... beginning with the date on which paragraph 10 of schedule 7 of the Coronavirus (Scotland) Act 2020 came into force and ending at the end of 30 September 2022,

• “extended period” means the period ... beginning with the date that paragraph came into force and ending at the end of 31 March 2023.

• (8D) The Scottish Ministers may, by regulations, amend the definition of “emergency period” or “extended period” in subsection (8C).

• (8E) Regulations under subsection (8D) are subject to the negative procedure.

Provisions supplementary to sections 58 and 59.

60

• (1) The authority referred to in section 58(1)(b) and (3A)(b) and 59(2A)(b) and (2D)(b) is—

• (a) the planning authority or the Secretary of State, in the case of planning permission granted by them,

• (b) in the case of planning permission deemed to be granted under section 57(1), the department on whose direction planning permission is deemed to be granted,

• (c) in the case of planning permission deemed to be granted under section 57(2), the Secretary of State, and

• (d) in the case of planning permission granted on an appeal determined under paragraph 1 or 5 of Schedule 4 by a person appointed by the Secretary of State to determine the appeal, that person.

• (2A) Where a planning authority grants planning permission, the fact that any of the conditions of the permission are required by the provisions of section 58 or 59 to be imposed, or are deemed by those sections to be imposed, does not prevent the conditions being the subject of a review under section 43AC or an appeal under section 47.

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

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

Termination of planning permission by reference to time limit: completion notices.

61

• (1) This section applies where—

• (a) a development to which a planning permission relates has been begun but not completed by the date on which the permission would have lapsed had the development not been begun,

• (b) development has been begun in accordance with planning permission under a simplified planning zone scheme but has not been completed by the time the area ceases to be a simplified planning zone, ...

• (ba) development has been begun in accordance with planning permission under a masterplan consent area scheme but has not been completed by the time that the scheme ceases to have effect, or

• (c) development has been begun in accordance with planning permission under an enterprise zone scheme but has not been completed by the time the area ceases to be an enterprise zone.

• (2) If the planning authority are of the opinion that the development will not be completed within a reasonable period, they may serve a notice (“a completion notice”) stating that the planning permission will cease to have effect at the expiration of a further period specified in the notice.

• (3) The period so specified must not be less than 12 months after the notice takes effect.

• (3A) A completion notice must also—

• (a) state that a person on whom it is served may lodge an objection,

• (b) specify the date on which the notice will take effect if no objection is lodged before that date.

• (3B) The date so specified must be a date at least 28 days after the date on which the notice is served.

• (4) A completion notice shall be served—

• (a) on the owner of the land,

• (b) on the occupier of the land, and

• (c) on any other person who in the opinion of the planning authority will be affected by the notice.

• (5) The planning authority may withdraw a completion notice at any time before the expiration of the period specified in it as the period at the expiration of which the planning permission is to cease to have effect.

• (6) If they do so they shall immediately give notice of the withdrawal to every person who was served with the completion notice.

Effect of completion notice.

62

• (1) A completion notice takes effect—

• (a) on the date specified in it, unless before that date an objection is lodged under section 62A(1),

• (b) where an objection is lodged under section 62A(1), only if and when the notice is confirmed by the Scottish Ministers.

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

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

• (4) If a completion notice takes effect, the planning permission referred to in it shall become invalid at the expiration of the period specified in the notice (whether the original period specified under section 61(2) or a longer period substituted by the Scottish Ministers under section 62A(5)).

• (5) Subsection (4) shall not affect any permission so far as development carried out under it before the end of the period mentioned in that subsection is concerned.

Objection to completion notice

62A

• (1) A person on whom a completion notice is served may, prior to the date specified in it, lodge an objection to the notice with the planning authority which served it.

• (2) Where an objection is lodged under subsection (1), the planning authority must give notice of the objection to—

• (a) every person who was served with the completion notice, and

• (b) the Scottish Ministers.

• (3) Before confirming a completion notice, the Scottish Ministers must allow the following people the opportunity to make representations to a person appointed for the purpose by the Scottish Ministers—

• (a) the person who lodged the objection, and

• (b) the planning authority.

• (4) The Scottish Ministers must give notice of their decision as to whether or not to confirm the completion notice to—

• (a) every person who was served with the completion notice, and

• (b) the planning authority.

• (5) In confirming a completion notice, the Scottish Ministers may substitute a longer period for that specified in the notice as the period at the expiration of which the planning permission is to cease to have effect.

Power of Secretary of State to serve completion notice.

63

• (1) If it appears to the Secretary of State that it is expedient that a completion notice should be served in respect of any land, he may himself serve such a notice under section 61.

• (2) A completion notice served by the Secretary of State shall have the same effect as if it had been served by the planning authority.

• (3) The Secretary of State shall not serve such a notice without consulting the planning authority.

• (4) The provisions of this Act relating to completion notices apply, so far as relevant, to a completion notice served by the Secretary of State as they apply to a completion notice served by a planning authority, but with the substitution for any reference in those provisions to the planning authority of a reference to the Secretary of State, and any other necessary modifications.

Variation, revocation and modification of planning permission

Power to vary planning permission.

64

Notwithstanding any other provision of this Part, a planning authority may, at the request of the grantee or a person acting with his consent, vary any planning permission granted by them, if it appears to them that the variation sought is not material.

Power to revoke or modify planning permission.

65

• (1) If it appears to the planning authority that it is expedient to revoke or modify any permission to develop land granted on an application made under this Part or section 242A, the authority may by order revoke or modify the permission to such extent as they consider expedient.

• (2) In exercising their functions under subsection (1) the authority shall have regard to the development plan and to any other material considerations.

• (3) The power conferred by this section may be exercised—

• (a) where the permission relates to the carrying out of building or other operations, at any time before those operations have been completed;

• (b) where the permission relates to a change of the use of any land, at any time before the change has taken place.

• (4) The revocation or modification of permission for the carrying out of building or other operations shall not affect so much of those operations as has previously been carried out.

• (5) Part II of Schedule 3 shall have effect for the purpose of making special provision with respect to the conditions which may be imposed by an order under this section revoking or modifying permission for development consisting of the winning and working of minerals or involving the depositing of refuse or waste materials.

Procedure for section 65 orders: opposed cases.

66

• (1) Except as provided in section 67, an order under section 65 shall not take effect unless it is confirmed by the Secretary of State.

• (2) Where a planning authority submit such an order to the Secretary of State for confirmation, they shall serve notice on—

• (a) the owner of the land affected,

• (b) the lessee and the occupier of the land affected, and

• (c) any other person who in their opinion will be affected by the order.

• (3) The notice shall specify the period within which any person on whom it is served may require the Secretary of State to give him an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

• (4) If within that period such a person so requires, the Secretary of State shall, before he confirms the order, give such an opportunity both to that person and to the planning authority.

• (5) The period referred to in subsection (3) must not be less than 28 days from the service of the notice.

• (6) The Secretary of State may confirm an order submitted to him under this section without modification or subject to such modifications as he considers expedient.

Procedure for section 65 orders: unopposed cases.

67

• (1) This section applies where—

• (a) the planning authority have made an order under section 65, and

• (b) the owner, the lessee and the occupier of the land and all persons who in the authority’s opinion will be affected by the order have notified the authority in writing that they do not object to it.

• (2) Where this section applies, instead of submitting the order to the Secretary of State for confirmation the authority shall advertise in the prescribed manner the fact that the order has been made, and the advertisement must specify—

• (a) subject to subsection (4), the period within which persons affected by the order may give notice to the Secretary of State that they wish to have an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose, and

• (b) subject to subsection (5), the period at the expiration of which, if no such notice is given to the Secretary of State, the order may take effect by virtue of this section without being confirmed by the Secretary of State.

• (3) The authority shall also serve notice to the same effect on the persons mentioned in subsection (1)(b).

• (4) The period referred to in subsection (2)(a) must not be less than 28 days from the date the advertisement first appears.

• (5) The period referred to in subsection (2)(b) must not be less than 14 days from the expiration of the period referred to in subsection (2)(a).

• (6) The authority shall send a copy of any advertisement published under subsection (2) to the Secretary of State not more than 3 days after the publication.

• (7) If—

• (a) no person claiming to be affected by the order has given notice to the Secretary of State under subsection (2)(a) within the period referred to in that subsection, and

• (b) the Secretary of State has not directed within that period that the order be submitted to him for confirmation,

the order shall take effect at the expiry of the period referred to in subsection (2)(b), without being confirmed by the Secretary of State as required by section 66(1).

• (8) This section does not apply to—

• (a) an order revoking or modifying a planning permission granted or deemed to have been granted by the Secretary of State under this Part, section 242A or Part VI, or

• (b) an order modifying any conditions to which a planning permission is subject by virtue of section 58 or 59.

Revocation and modification of planning permission by the Secretary of State.

68

• (1) If it appears to the Secretary of State that it is expedient that an order should be made under section 65, he may himself make such an order.

• (2) Such an order made by the Secretary of State shall have the same effect as if it had been made by the planning authority and confirmed by the Secretary of State.

• (3) The Secretary of State shall not make such an order without consulting the planning authority.

• (4) Where the Secretary of State proposes to make such an order he shall serve notice on the planning authority.

• (5) The notice shall specify the period (which must not be less than 28 days from the date of its service) within which the authority may require an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

• (6) If within that period the authority so require, the Secretary of State shall, before making the order, give the authority such an opportunity.

• (7) The provisions of this Part and of any regulations made under this Act with respect to the procedure to be followed in connection with the submission by the planning authority of any order under section 65, its confirmation by the Secretary of State and the service of copies of it as confirmed shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order by virtue of subsection (1), its making by him and the service of copies of it.

• (8) Part II of Schedule 3 shall have effect in relation to orders made by the Secretary of State by virtue of subsection (1) as it has effect in relation to orders made by the planning authority under section 65.

References to Planning Inquiry Commissions

Power to refer certain planning questions to Planning Inquiry Commission.

69

• (1) The Secretary of State may constitute a Planning Inquiry Commission to inquire into and report on any matter referred to them under subsection (2) in the circumstances mentioned in subsection (3).

• (2) The matters that may be referred to a Planning Inquiry Commission are—

• (a) an application for planning permission which the Secretary of State has under section 46 directed to be referred to him instead of being dealt with by a planning authority;

• (b) an appeal under section 47 (including that section as applied by or under any other provision of this Act);

• (c) a proposal that a government department should give a direction under section 57(1) that planning permission shall be deemed to be granted for development by a local authority or by statutory undertakers which is required by any enactment to be authorised by that department;

• (d) a proposal that development should be carried out by or on behalf of a government department.

• (3) Any of those matters may be referred to a Planning Inquiry Commission under this section if it appears expedient to the responsible Minister or Ministers that the question whether the proposed development should be permitted to be carried out should be the subject of a special inquiry on either or both of the following grounds—

• (a) that there are considerations of national or regional importance which are relevant to the determination of that question and require evaluation, but a proper evaluation of them cannot be made unless there is a special inquiry for the purpose;

• (b) that the technical or scientific aspects of the proposed development are of so unfamiliar a character as to jeopardise a proper determination of that question unless there is a special inquiry for the purpose.

• (4) Schedule 6, which contains further provisions as to Planning Inquiry Commissions, and as to the meaning of “the responsible Minister or Ministers” in subsection (3) and in that Schedule, shall have effect.

Power to refer certain planning questions to Joint Planning Inquiry Commission.

70

• (1) The Ministers may constitute a Joint Planning Inquiry Commission to inquire into and report on any matter referred to them under subsection (2).

• (2) The matters that may be referred to a Joint Planning Inquiry Commission are the matters which may, under section 101 of the Town and Country Planning Act 1990 or section 69 of this Act, be referred to a Planning Inquiry Commission but which appear to the Ministers to involve considerations affecting both Scotland and England.

• (3) In subsections (1) and (2) “the Ministers” means the Secretaries of State for the time being having general responsibility in planning matters in relation to Scotland and in relation to England acting jointly.

• (4) Schedule 7, which contains further provisions as to Joint Planning Inquiry Commissions, shall have effect.

Other controls over development

Orders requiring discontinuance of use or alteration or removal of buildings or works.

71

• (1) If, having regard to the development plan and to any other material considerations, it appears to a planning authority that it is expedient in the interests of the proper planning of their area (including the interests of amenity)—

• (a) that any use of land should be discontinued or that any conditions should be imposed on the continuance of a use of land, or

• (b) that any buildings or works should be altered or removed,

they may by order—

• (i) require the discontinuance of that use, or

• (ii) impose such conditions as may be specified in the order on the continuance of it, or

• (iii) require such steps as may be so specified to be taken for the alteration or removal of the buildings or works,

as the case may be.

• (2) An order under this section may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be specified in the order.

• (3) Section 65 shall apply in relation to any planning permission granted by an order under this section as it applies in relation to planning permission granted by the planning authority on an application made under this Part or section 242A.

• (4) The planning permission which may be granted by an order under this section includes planning permission, subject to such conditions as may be specified in the order, for development carried out before the date on which the order was submitted to the Secretary of State under this section.

• (5) 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.

• (6) Where the requirements of an order under this section will involve the displacement of persons residing in any premises, it shall be the duty of the planning authority, in so far as there is no other residential accommodation suitable to the reasonable requirements of those persons available on reasonable terms, to secure the provision of such accommodation in advance of the displacement.

• (7) In the case of planning permission granted by an order under this section, the authority referred to in sections 58(1)(b) and (3A)(b) and 59(2A)(b) and (2D)(b) is the planning authority making the order.

• (8) The previous provisions of this section do not apply to the use of any land for development consisting of the winning or working of minerals or involving the deposit of refuse or waste materials except as provided in Schedule 8, and in that Schedule—

• (a) Part I shall have effect for the purpose of making provision as respects land which is or has been so used, and

• (b) Part II shall have effect as respects the registration of old mining provisions.

Confirmation by Secretary of State of section 71 orders.

72

• (1) An order under section 71 shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient.

• (2) Where a planning authority submit an order to the Secretary of State for his confirmation under this section, they shall serve notice—

• (a) on the owner of the land affected,

• (b) on the lessee and the occupier of that land, and

• (c) on any other person who in their opinion will be affected by the order.

• (3) The notice shall specify the period (which must not be less than 28 days from the date of its service) within which any person on whom it is served may require the Secretary of State to give him an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

• (4) If within that period such a person so requires, the Secretary of State shall, before confirming the order, give such an opportunity both to that person and to the planning authority.

• (5) Where an order under section 71 has been confirmed by the Secretary of State, the planning authority shall serve a copy of the order on the owner, the lessee and occupier of the land to which the order relates.

Power of the Secretary of State to make section 71 orders.

73

• (1) If it appears to the Secretary of State that it is expedient that an order should be made under section 71, he may himself make such an order.

• (2) Such an order made by the Secretary of State shall have the same effect as if it had been made by the planning authority and confirmed by the Secretary of State.

• (3) The Secretary of State shall not make such an order without consulting the planning authority.

• (4) Where the Secretary of State proposes to make such an order he shall serve notice on the planning authority.

• (5) The notice shall specify the period (which must not be less than 28 days from the date of its service) within which the authority may require the Secretary of State to give them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

• (6) If within that period the authority so require, the Secretary of State shall, before making the order, give the authority such an opportunity.

• (7) The provisions of this Part and of any regulations made under this Act with respect to the procedure to be followed in connection with the submission by the planning authority of any order under section 71, its confirmation by the Secretary of State and the service of copies of it as confirmed shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order by virtue of subsection (1), its making by him and the service of copies of it.

Review of mineral planning permissions.

74

• (1) Schedule 9 (which makes provision as respects the review of old mineral planning permissions) and Schedule 10 (which makes provision as respects the periodic review of mineral planning permissions) shall have effect.

• (2) Without prejudice to the generality of sections 30 and 31, a development order may make, in relation to any planning permission which is granted by a development order for minerals development, provision similar to any provision made by Schedule 9 or 10.

• (3) In this section and those Schedules “minerals development” means development consisting of the winning and working of minerals, or involving the depositing of mineral waste.

Planning obligations

75

• (1) A person may, in respect of land in the district of a planning authority—

• (a) by agreement with that authority, or

• (b) unilaterally,

enter into a planning obligation.

• (1A) For the purpose of this section and sections 75A to 75C, a planning obligation is an obligation which does any of the following—

• (a) restricts or regulates the development or use of land,

• (b) requires the payment—

• (i) of a specified amount or an amount determined in accordance with the relevant instrument, or

• (ii) of periodical sums either indefinitely or for such period as is specified in the relevant instrument.

• (2) Without prejudice to the generality of paragraph (a) of subsection (1A), the reference in that paragraph to restricting or regulating the development or use of land includes—

• (a) requiring operations or activities specified in the relevant instrument to be carried out in, on, under or over the land, or

• (b) requiring the land to be used in a way so specified.

• (3) A planning obligation may—

• (a) be unconditional or subject to conditions,

• (aa) impose a restriction or requirement either permanently or during such period as is specified in the relevant instrument,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) contain such incidental and consequential provisions as—

• (i) in the case of an agreement, appear to the planning authority to be necessary or expedient for the purposes of the agreement, or

• (ii) in the case of a unilateral obligation, appear to the person entering into the obligation to be necessary or expedient for the purposes of that obligation.

• (4) Without prejudice to the generality of subsection (3)(a), the relevant instrument may provide for the postponement of the effectiveness of the planning obligation to a date specified in the instrument (whether the specification is of a fixed date or of a date determinable by reference to the occurrence of an event).

• (5) A relevant instrument to which the owner of the land is party may be recorded in the Register of Sasines or, as the case may be, registered in the Land Register of Scotland; and if the instrument is so recorded or registered then the planning obligation is (unless the instrument provides that only the person entering into that obligation is to be bound by it) enforceable at the instance of the planning authority—

• (a) against the owner of the land in so far as the obligation comprises a requirement mentioned in subsection (1A)(b) or (2), and