The Scottish Government

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Circular 4/1998

THE USE OF CONDITIONS IN PLANNING PERMISSIONS

This Circular supersedes SDD No. 18/1986 (except Appendices A and B)

The Chief Executive Local Authorities
Copy to: The Director of Planning
Our ref: PGC/3/13
27 February 1998

Contents

Circular
Annex A
Powers
Other Considerations
Practice
Tests
Test: Need for a Condition
Test: Relevance to Planning
Test: Relevance to the Development to be Permitted
Test: Ability to Enforce
Test: Precision
Test: Reasonableness
Regulation of Development
Time Limits on the Commencement of Development
Completion of Development
Phasing
Traffic and Transport
Development of Contaminated Sites
Environmental Assessment
Noise
Nature Conservation and Landscape
Design and Landscape
Trees
Sites of Archaeological Interest
Maintenance Conditions
Conditions Requiring a Financial or other Consideration for the Grant of Permission
Conditions Altering the Nature of Development
Regulation after Development
Conditions Restricting the Occupancy of Buildings and Land
Temporary Permissions
Access for Disabled People
Seasonal Use

Addendum to Circular 4/1998

Planning Series:

National Planning Policy Guidelines (NPPGs) provide statements of Government policy on nationally important land use and other planning matters, supported where appropriate by a locational framework.

Circulars, which also provide statements of Government policy, contain guidance on policy implementation through legislative or procedural change.

Planning Advice Notes (PANs) provide advice on good practice and other relevant information.

Statements of Government policy contained in NPPGs and Circulars may, so far as relevant, be material considerations to be taken into account in development plan preparation and development control.

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