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Annex B:
Draft Scottish Statutory Instruments
2007 No.
TOWN AND COUNTRY PLANNING
The Town and Country Planning (Notification and Display) (Scotland) Regulations 2007
Made - - - - 2007
Laid before the Scottish Parliament 2007
Coming into force - - 2007
The Scottish Ministers make the following regulations in exercise of the powers conferred by sections 27A to 27C of the Town and Country Planning (Scotland) Act 1997( 3) and of all other powers enabling them to do so.
Citation and commencement
1. These Regulations may be cited as the Town and Country Planning (Notification and Display) (Scotland) Regulations 200{insert date} and shall come into force on {insert date}.
Interpretation
2. In these regulations-
(a) the "1997 Act" means the Town and Country Planning ( Scotland) Act 1997; and
(b) "bad neighbour development" means development of one or more of the classes specified in Schedule 7 to the Town and Country Planning (General Development Procedure) (Scotland) Order 1992( 4).
Notification of initiation of development
3.-(1) Subject to paragraph (2) the notice to be given in accordance with section 27A(1) of the 1997 Act by a person intending to carry out development must include-
(a) the full name and address of the person intending to carry out the development;
(b) the date of issue and reference number of any enforcement notice served under section 127 of the 1997 Act on the person carrying out the development;
(c) the date of issue and reference number of any stop notice served under section 140 of the 1997 Act associated with an enforcement notice in (b) on the person carrying out the development,
(d) the date of issue and reference number of any breach of condition notice served under section 145 of the 1997 Act on the person carrying out the development;
(e) the date of issue and reference number of any temporary stop notice served under section 144A of the 1997 Act on the person carrying out the development;
(f) the date of the court interlocutor and the court case number in respect of an interdict or interdict ad interim granted by the court against and served on the person carrying out the development.
and all for the period beginning on the date which is three years prior to the date on which the planning permission was granted and ending on the date of submission of the notice.
(2) Nothing in this regulation shall require the provision of the information specified in paragraph (1)-
(a) in the case of paragraphs (b) to (e) in so far as at the date of the notification the notice-
(i) is the subject of an appeal to the Scottish Ministers or the court by the person carrying out the development;
(ii) has been withdrawn ;or
(iii) in the case of paragraph (e) has expired.
(b) in the case of paragraph (f) in so far as at the date of notification an appeal against the interlocutor has been marked by the person carrying out the development.
Display Notices
4. -(1) The prescribed classes of development for the purposes of section 27C(1) of the 1997 Act are-
(a) major development;
(b) national development; and
(c) bad neighbour development.
(2) The form set out in the Schedule to these Regulations, or a form to like effect, shall be the form prescribed for the purposes of section 27C of the 1997 Act.
(3) Notices under paragraph (2) shall be-
(a) displayed in a prominent place;
(b) readily visible to the public; and
(c) printed on durable material.
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
2007
SCHEDULE 1 Regulation 4
FORM OF NOTICE
Display notice
Development at (a). Notice is hereby given that planning permission has been granted to (b) on (c) by (d). The development comprises (e).
Further information regarding the planning permission including the conditions, if any, on which it has been granted can be obtained at all reasonable hours at (f)
Notes
(a) Insert address for location of development.
(b) Insert name and address of developer and name and address of site agent (where one has been appointed).
(c ) Insert date on which planning permission granted.
(d) Insert planning authority or Scottish Ministers and reference.
(e) Insert description of development and whether or not any conditions.
(f) Insert address of planning authority, including, as appropriate, contact details for enquiries and enforcement section and website link and reference.
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