| Description | Circular 43/1997 |
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| ISBN | n/a (Web Only) |
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| Official Print Publication Date | |
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| Website Publication Date | December 30, 1997 |
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Circular 43/1997
The Chief Executive Local Authorities
Our ref: PGC/3/5
December 1997
Dear Sir or Madam
THE TOWN AND COUNTRY PLANNING (NOTIFICATION OF
APPLICATIONS) (SCOTLAND) AMENDMENT DIRECTION 1997
NOTIFICATION OF PLANNING APPLICATIONS
Introduction
1. This Circular amends requirements set out in The
Scottish Office Development Department Circular No 4/1997
relating to the notification of planning applications. It
incorporates, at Annex A, the Town and Country planning
(Notification of Applications) (Scotland) Amendment
Direction 1997, which gives force to the amended
requirements.
Information to be supplied to the Secretary of
State
2. The requirement for a planning authority to provide
the Secretary of State with information relating to
representations they have received about a planning
application is amended for clarification purposes. When
notifying an application, the planning authority should
provide copies of all representations they have received,
together with an alphabetical list of the names and
addresses of those who have made representations and
details of the planning authority's comments thereon. Where
"pro-forma" representations are received, only one copy
example need be submitted, but all names and addresses must
be incorporated into the alphabetical list. Copies of
petitions should be submitted, but only the organiser or
first named need be included in the alphabetical list of
names and addresses.
Wind Generators
3. The requirement to notify the Secretary of State of
all wind generator planning applications, which the
planning authority are minded to approve, is amended. For
the future, notification will be required only where the
authority propose to approve applications for planning
permission where the development would consist of 10 or
more generators.
Playing Fields
4. The Secretary of State recently announced new
procedures relating to the control of development of
playing fields. As a result, planning authorities will now
be required to notify the Secretary of State when they
intend to approve an application for planning permission
which would affect any land currently in use, or last used,
as a playing field (for definition - see attached
Direction) where, on being consulted, the Scottish Sports
Council has advised against the grant of consent or has
recommended conditions which the planning authority do not
propose to attach to the planning permission. Planning
authorities will also be required to notify the Secretary
of State where, under the terms of the Town and Country
Planning (Development by Planning Authorities) (Scotland)
Regulations 1981, they propose to carry out development of
land used, or last used, as a playing field.
Effective Date
5. The Direction which gives statutory effect to these
changes (The Town and Country Planning (Notification of
Applications) (Scotland) Amendment Direction 1997, is
incorporated within, and shall have effect from the date of
this Circular.
Further Copies and Enquiries
6. Enquiries about the content of this Circular should
be addressed to Mr Ed Swanney (0131-244-7069) or Mr Ian
Stage (0131-244-7070). Further copies and a list of current
planning circulars may be obtained from The Scottish Office
Development Department, Planning Division, Area 2-H,
Victoria Quay, Edinburgh, EH6 6QQ (0131-244-7066 or
7825)
Yours faithfully
I FIRTH
THE TOWN AND COUNTRY PLANNING (NOTIFICATION OF
APPLICATIONS) (SCOTLAND) AMENDMENT DIRECTION
1997
The Secretary of State, in exercise of the powers
conferred on him by Articles 17, 19 and 22(3) of the Town
and Country Planning (General Development Procedure )
(Scotland) Order 1992 (a) and all other powers enabling him
in that behalf, hereby gives the following Direction:
1. Part I of the of the Town and Country Planning
(Notification of Applications) (Scotland) Direction 1997
shall be amended as follows:
1.1 For paragraph 1(d) there shall be substituted:-
"1(d) copies of all representations about the
application received by the planning authority together
with an alphabetical list of the names and addresses of
those who have made representations and details of the
planning authority's comments thereon. Where "pro-forma"
representations are received, only one copy example need be
submitted, but all names and addresses must be incorporated
into the alphabetical list. Copies of petitions should be
submitted, but only the organiser or first named should be
included in the alphabetical list of names and
addresses."
2. The Schedule to the Town and Country Planning
(Notification of Applications) (Scotland) Direction 1997
shall be amended as follows:
2.1 For paragraph 12 there shall be substituted:-
"12 Development consisting of 10 or more wind
generators."
2.2 After paragraph 16 insert:-
"
Playing Fields
17. Development affecting any land
currently in use, or last used, as a playing field (defined
as land of 0.4 hectares or more for any pitch sports,
including any adjacent tennis courts and bowling greens,
and athletics tracks) in circumstances where:-
(a) the proposal has been the subject of consultation
with the Scottish Sports Council under Article 15(1)(o) of
the Town and Country Planning (General Development
Procedure) (Scotland) Order 1992 where the Scottish Sports
Council has advised against granting planning permission,
or has recommended conditions which the planning authority
do not propose to attach to the planning permission;
or,
(b) the Town and Country Planning (Development by
Planning Authorities) (Scotland) Regulations 1981 (b) apply
to the development."
3. This Direction may be cited as the Town and Country
Planning (Notification of Applications) (Scotland)
Amendment Direction 1997.
I FIRTH
Principal
The Scottish Office Development Department
Victoria Quay
EDINBURGH
EH6 6QQ
December 1997