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ANNEX B

Scottish Statutory Instruments

2007 No. [ ]

TOWN AND COUNTRY PLANNING

The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2007

Made - - - - 2007
Laid before the Scottish Parliament 2007
Coming into force - - 2007

ARRANGEMENT OF REGULATIONS
PART 1
INTRODUCTORY

1. Application, citation and commencement
2. Interpretation
3. Withdrawal of consent to use electronic communications

PART 2
PRE-APPLICATION CONSULTATION

4. Pre-application consultation - classes of development
5. Content of pre-application screening notice
6. Content of proposal of application notice
7. Pre-application notification
8. Pre-application consultation
9. Pre-application consultation report

PART 3
PROCEDURE ON APPLICATIONS FOR PLANNING PERMISSION

10. Applications for planning permission
11. Form and content of an application for planning permission
12. Application for planning permission in principle
13. Further applications
14. Application for approval of matters specified in conditions
15. Further information in respect of specified matters
16. Design and access statements
17. Validation date
18. Notices to owners and agricultural tenants under section 35
19. Notices to owners and agricultural tenants under section 35 - minerals applications

PART 4
PROCEDURE BY PLANNING AUTHORITY

20. Registers of applications
21. Acknowledgment of applications
22. Notification by the planning authority
23. Publication of application by the planning authority
25. Provision of information to community councils and within public libraries
26. Publication of list of applications and provision of information to community councils
27. Processing Agreements
28. Further information
29. Time periods for decision
30. Consultations before grant of planning permission
31. Directions as to environmental impact assessment Regulations
32. Directions restricting the grant of planning permission
33. Directions requiring consideration of condition
34. Development not according to development plan
35. Provisions supplementary to regulations 31-34
36. Notice of reference of applications to the Scottish Ministers
37. Pre-determination Hearings
38. Decision by planning authority
39. Decision Notice
40. Schemes of delegation

PART 5
MARINE FISH FARMING

41. Application to marine fish farming

PART 6
CERTIFICATES OF LAWFUL USE OR DEVELOPMENT

42. Application for certificate of lawful use or development
43. Documentation accompanying applications
44. Procedure on receipt of application
45. Revocations of certificate of lawful use or development

PART 7
DIRECTIONS

46. Directions and savings

PART 8
NOTICES

47. Service of Notices

PART 9
REVOCATIONS AND SAVINGS

48. Revocations and savings

SCHEDULE 1 - PRE-APPLICATION CONSULTATION - LOCAL DEVELOPMENTS
SCHEDULE 2 - CERTIFICATES UNDER REGULATION 18(3) AND 19(6)
SCHEDULE 3 - NOTICES UNDER REGULATION 18 AND 19
SCHEDULE 4 - REGISTERS UNDER SECTIONS 36(1) TO (4)
SCHEDULE 5 - NOTIFICATION OF APPLICANT ON RECEIPT OF APPLICATION
SCHEDULE 6 - NOTIFICATION OF APPLICANT OF MISSING ITEMS
SCHEDULE 7 - BAD NEIGHBOUR DEVELOPMENT
SCHEDULE 8 - NOTICE FOR PUBLICATION IN NEWSPAPER
SCHEDULE 9 - NOTICE TO ACCOMPANY REFUSAL ETC.
SCHEDULE 10 - CERTIFICATE OF LAWFUL USE OR DEVELOPMENT

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 30, 32, 34, 35, 36, 38, 40, 43, 43A, 47, 48, 59, 152 and 275 of the Town and Country Planning (Scotland) Act 1997( 7), and section 2(2) of the European Communities Act 1972 and of all other powers enabling them to do so:

PART 1
INTRODUCTORY

Application, citation and commencement

1. -(1) These Regulations may be cited as the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2007 and shall come into force on [ ].

(2) If a special development order is made, or has been made before the commencement of these Regulations, in relation to any land, these Regulations shall apply thereto to such extent only and subject to such modifications as may be specified in the special order.

(3) These Regulations do not apply to applications for planning permission made under section 31A of the Act.

Interpretation

2. -(1) In these Regulations-

"the Act" means the Town and Country Planning (Scotland) Act 1997;

"category A listed building" means a listed building within the meaning of section 1(4) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 specified as being category A in a list of buildings compiled or approved and amended as the case may be by the Scottish Ministers in accordance with that provision;

"cemetery" includes a burial ground or any other place of interment for the dead;

"community council" means a community council as referred to in Part IV of the Local Government (Scotland) Act 1973( 8);

"design and access statement" has the meaning given in regulation 16;

"district salmon fishery board" has the meaning assigned to it by section 40 of the Salmon Act 1986( 9);

"electronic communication" has the meaning given in section 15(1) of the Electronic Communications Act 2000;

"the Fees Regulations" means the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004( 10);

"fish farm development" means the placing or assembly of any equipment in marine waters for the purposes of fish farming ("equipment" and "fish farming" having the same meaning as in section 26(6) of the Act) and any material change of use of equipment so placed or assembled;

"the General Permitted Development Order" means the Town and Country Planning (General Permitted Development) (Scotland) Order 1992( 11);

"historic garden or designed landscape" means a garden or landscape identified in the "Inventory of Gardens and Designed Landscapes in Scotland - List of Sites 2007", published by the Scottish Ministers in 2007, ( ISBN 978 1 904966 449);

"landscaping" means the treatment of land (other than buildings) for the purpose of enhancing or protecting the amenities of the site and the area in which it is situated and includes screening by fences, walls or other means, the planting of trees, hedges, shrubs or grass, the formation of banks, terraces or other earthworks, the laying out or provision of gardens, courts or squares, water features, sculpture, or public art, and the provision of other amenity features;

"licensed premises" means premises licensed for the sale of alcoholic liquor pursuant to the provisions of the Licensing (Scotland) Act 1976( 12) or premises licensed pursuant to the provisions of the Betting, Gaming and Lotteries Act 1963( 13);

"listed building" means a listed building within the meaning of section 1(4) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997( 14);

"local advertisement" means-

(a) the publication of a notice in a local newspaper circulating in the locality in which the land to which the application relates is situated; and

(b) where publication is to be carried out by the planning authority and the planning authority maintain a website for the purpose of advertisement of applications, by publication of the notice on the website;

"marine waters" means the waters described in paragraphs (b) and (c) of subsection (6) of section 26 of the Act;

"minerals application" means an application for planning permission for development consisting of the winning and working of minerals by underground working;

"motorway" means any road to which the Motorways Traffic (Scotland) Regulations 1995( 15) apply by virtue of regulation 3 thereof;

"National Park" means an area designated as such by an designation order made under section 6 of the National Parks (Scotland) Act 2000( 16);

"neighbouring land" means land which is conterminous with or within 20 metres of the boundary of land for which the development is proposed;

"planning permission in principle" means a planning permission granted pursuant to an application made under regulation 12 for the carrying out of building, engineering, mining or other operations in, on, over or under land which is granted subject to a condition (in addition to any other conditions which may be imposed) that the development in question will not begin until certain matters have been approved by the planning authority or, as the case may be, the Scottish Ministers;

"playing field" means an area of land extending to not less than 0.4 hectares used for any sport which is played on a pitch and may also include any adjoining land used for tennis courts, bowling greens and athletics tracks;

"pre-application consultation report" means a report prepared in accordance with section 35C of the Act and regulation 9;

"processing agreement" has the meaning given in regulation 27(1);

"public notice" means posting a notice firmly to some object sited and displayed so as to be easily visible to and legible by members of the public;

"public road" means a road which a roads authority have a duty to maintain;

"scheduled monument" has the meaning given by section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979( 17);

" SEPA" means the Scottish Environment Protection Agency established under section 20 of the Environment Act 1995( 18);

"slurry" means animal faeces and urine (whether or not water has been added);

"special road" means a road provided or to be provided in accordance with a scheme under section 7 of the Roads (Scotland) Act 1984( 19);

"toll order" has the same meaning as in Part II of the New Roads and Street Works Act 1991( 20);

"toll road" means a road which is the subject of a toll order;

"trunk road" means a road or proposed road which is a trunk road within the meaning of section 151 of the Roads (Scotland) Act 1984 that is to say, a road which is a trunk road by virtue of section 5 of that Act or of an order or direction under that section or section 202(2) and (3) of the Act;

"validation date" is the date on which an application is taken to have been made in terms of regulation 17;

"waste disposal authority" means a local authority exercising its function as a disposal authority under Part I of the Control of Pollution Act 1974( 21) or as waste disposal authority under Part II of the Environmental Protection Act 1990( 22);

"World Heritage Site" means land appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage;

(2) In these Regulations " EIA development", "environmental statement", "screening opinion" and "screening direction" have the same meaning as in the Environmental Impact Assessment (Scotland) Regulations 1999( 23).

(3) Any reference to a numbered regulation or Schedule is a reference to the regulation or as the case may be the Schedule bearing that number in these Regulations and a reference to a numbered paragraph or sub-paragraph is a reference to the paragraph or sub-paragraph having that number in the regulation or paragraph in the Schedule in which the reference appears.

(4) References to distance are references to distance measured along a horizontal plan.

(5) Any requirement that a form shall be as set out in a specified Schedule shall be construed as meaning a form as so specified or a form substantially to the like effect.

(6) In these Regulations and in relation to the use of electronic communications or electronic storage for any purpose of these Regulations which is capable of being carried out electronically-

(a) the expression "address" includes any number or address used for the purpose of such communications or storage, except that where these Regulations imposes any obligation on any person to provide a name and address to any other person, the obligation shall not be fulfilled unless the person on whom it is imposed provides a postal address; and

(b) references to documents, forms, maps, plans, drawings, certificates or other documents, includes references to such documents or copies of them in electronic form.

(7) Paragraphs (8) to (12) apply where an electronic communication is used by a person for the following purposes-

(a) fulfilling any requirements in this these Regulations to give or send any application, notice or other document to any other person; or

(b) lodging an application, certificate or other document under regulation 29(5) with an authority mentioned in that regulation,

and in those paragraphs, "the recipient" means the person mentioned in sub-paragraph (a) of this paragraph, or the authority mentioned in sub-paragraph (b), as the case may be.

(8) The requirement shall be deemed to be fulfilled where the notice, form, plan or other document is transmitted by the electronic communication is-

(a) capable of being accessed by the recipient;

(b) legible in all material respects; and

(c) in a form sufficiently permanent to be used for subsequent reference.

(9) In paragraph (8) "legible in all material respects" means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served or given by means of a notice or document in printed form.

(10) Where the electronic communication is received by a recipient-

(a) at any time before the end of a day which is a working day, it shall be deemed to have been received on that day; or

(b) at any time during a day which is not a working day, it shall be deemed to have been received on the next working day,

and for these purposes, "working day" means a day which is not a Saturday, Sunday, Christmas Eve, a bank holiday in Scotland under the Banking and Financial Dealings Act 1971( 24), a day appointed for public thanksgiving or mourning or any other day which is a local or public holiday in an area in which the electronic communication is received.

(11) A requirement in these Regulations that any application, notice, form or other document should be in writing is fulfilled where the document meets the criteria in paragraph (8) and "written" and cognate expressions are to be construed accordingly.

(12) In a case to which this paragraph applies, and except where a contrary intention appears, a person making an application, or giving or serving a notice or document using electronic communications shall be deemed to have agreed-

(a) to the use of such communications for all purposes relating to an application, notice, or document, as the case may be, which are capable of being carried out electronically;

(b) that the address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the application, notice or document; and

(c) that the person's deemed agreement under this paragraph shall subsist until the person gives notice in accordance with regulation 3 that the person wishes to revoke the agreement.

Withdrawal of consent to use electronic communications

3. Where a person is no longer willing to accept the use of electronic communications for any purpose of these Regulations which is capable of being carried out electronically, that person shall give notice in writing-

(a) withdrawing any address notified to the Scottish Ministers or to a planning authority for that purpose; or

(b) revoking any agreement entered into or deemed to have been entered into with the Scottish Ministers or with a planning authority for that purpose,

and such withdrawal or revocation shall be final, and shall take effect on a date specified by the person in the notice, being a date occurring after the period of seven days, beginning with the date on which the notice is given.

PART 2
PRE-APPLICATION CONSULTATION

Pre-application consultation - classes of development

4. -The classes of development prescribed for the purposes of section 35A(1) are-

(a) development belonging to the categories of national developments and major developments; and

(b) the classes of development, so far as belonging to the category of local developments, described in Column 1 of the table in Schedule 1, where any applicable threshold or criterion in the corresponding part of Column 2 of that table is respectively exceeded or met in relation to that development.

Content of pre-application screening notice

5. A notice under section 35A(3) ("a pre-application screening notice") in addition to the information mentioned in paragraphs (a) to (d) of section 35B(4), must also-

(a) contain a statement as to whether or not the planning authority have adopted a screening opinion or the Scottish Ministers have made a screening direction in respect of the development to which the notice relates; and

(b) where the notice relates to development within the categories of major developments or local developments, a statement as to whether or not the development in question is, in the view of the prospective applicant, development which the development plan proposes should be carried out at that site.

Content of proposal of application notice

6. A proposal of application notice must, in addition to those matters required by section 35B(4), also contain an account of what consultation the applicant intends to undertake, when such consultation is to take place, with whom and what form it will take.

Pre-application notification

7. The prospective applicant is-

(a) to give a copy of the proposal of application notice to every community council (any part of whose area is within, or adjoins, the land where the proposed development is situated); and

(b) where there are premises situated on neighbouring land to which a notification can be sent, to send a copy of the proposal of application notice to such premises.

Pre-application consultation

8. (1) The prospective applicant is to consult as respects a proposed application every community council any part of whose area is within or adjoins the land where the proposed development is situated.

(2) The prospective applicant is to-

(a) convene at least one public meeting where members of the public may make representations to the prospective applicant as regards the proposed development;

(b) publish in a local newspaper circulating in the locality in which the proposed development is situated a notice containing-

(i) a description of, and the location of, the proposed development;

(ii) details as to where further information may be obtained concerning the proposed development;

(iii) a statement explaining how, and by when, persons wishing to make comments relating to the proposal may do so; and

(iv) advertising the date and place of the public meeting.

Pre-application consultation report

9. A pre-application consultation report must-

(a) specify the persons who have been consulted as respects the proposed application;

(b) include an account of what steps were taken in order to comply with the consultation requirements set out in regulation 8 and any additional requirements of the planning authority notified in accordance with section 35B(7); and

(c) include an account of the representations made in connection with the proposed development and how the applicant has responded to such representations, including whether and the extent to which the proposal for development has altered in response to such representations.

PART 3
PROCEDURE ON APPLICATIONS FOR PLANNING PERMISSION

Applications for planning permission

10. Any application made under any of regulations 11 to 14 shall be made to the planning authority within whose district is situated the development to which the application relates.

Form and content of an application for planning permission

11. -(1) An application to a planning authority for planning permission (other than planning permission in principle) is to be made in accordance with this regulation.

(2) Describe the development to which it relates and must contain or be accompanied by-

(a) a plan sufficient to identify the land to which it relates;

(b) such other plans and drawings as are necessary to describe the development which is the subject of the application;

(c) three additional copies of such plans and drawings;

(d) one or other of the certificates required under regulation 18(3) or 19(6) in the appropriate form as set out in Schedule 2;

(e) where the application relates to-

(i) development of a description specified in regulation 4, a pre-application consultation report;

(ii) an installation of an antenna to be employed in an electronic communication network, a declaration by the applicant that the antenna is designed to be in full compliance with the requirements of the radio frequency public exposure guidelines of the International Commission on Non-Ionising Radiation Protection, as expressed in EU Council recommendation of 12th July 1999 on the limitation of exposure of the general public to electro magnetic fields (0Hz to 300GHz);

(f) where regulation 16 applies, a design and access statement; and

(g) any fee payable under the Fees Regulations.

(3) The plan to be submitted in accordance with paragraph (2)(a) must show the situation of the land in relation to the locality and in particular in relation to neighbouring land.

Application for planning permission in principle

12. -(1) An application to a planning authority for planning permission in principle is to be made in accordance with the requirements of this regulation.

(2) An application for planning permission must describe the development to which it relates and must contain or be accompanied by-

(a) a plan sufficient to identify the land to which it relates;

(b) a written description of the development sufficient to describe in outline the development which is the subject of the application;

(c) three additional copies of the plans and drawings;

(d) one or other of the certificates required under regulation 18(3) or 19(6) in the appropriate form as set out in Schedule 2;

(e) where layout is not particularised in the application, a statement of the approximate location of buildings, routes and open spaces included in the development proposed;

(f) where scale is not particularised in the application, a statement of the upper and lower limit for the height, width and length of each building included in the development proposed;

(g) where access is not particularised in the application, a statement of the area or areas where access points to the development proposed will be situated;

(h) where the application relates to-

(i) development of a description specified in regulation 4, a pre-application consultation report;

(ii) an installation of an antenna to be employed in an electronic communication network, a declaration by the applicant that the antenna is designed to be in full compliance with the requirements of the radio frequency public exposure guidelines of the International Commission on Non-Ionising Radiation Protection, as expressed in EU Council recommendation of 12th July 1999 on the limitation of exposure of the general public to electro magnetic fields (0Hz to 300GHz);

(i) any fee payable under the Fees Regulations; and

(j) where regulation 16(1) applies, a design and access statement.

(3) The plan to be submitted in accordance with paragraph (2)(a) must show the situation of the land in relation to the locality and in particular in relation to neighbouring land.

(4) In this regulation-

"access" means the accessibility to and within the site, for vehicles, cycles and pedestrians in terms of the positioning and treatment of access and circulation routes and how these fit into the surrounding access network; where "site" means the site or part of the site in respect of which an application for such a permission has been made;

"layout" means the way in which buildings, routes and open spaces within the development are provided, situated and orientated in relation to each other and to buildings and spaces outside the development; and

"scale" means the height, width and length of each building proposed within the development in relation to its surroundings.

Further applications

13. -(1) Where planning permission has been granted for development, that development has not been commenced and a time limit imposed by or under section 58 or section 59 of the Act has not expired, an application may be made for planning permission for the same development without complying with the provisions of regulation 11 or regulation 12 other than regulation 11(2)(d) and (g) and regulation 12(2)(d) and (i).

(2) An application under paragraph (1) shall be in writing and shall give sufficient information to enable the authority to identify the previous grant of planning permission.

Application for approval of matters specified in conditions

14. -(1) An application to a planning authority for approval, consent or agreement required by a condition imposed on-

(a) a grant of planning permission in principle; or

(b) a grant of planning permission for development, other than exempt development, of a description mentioned in Schedule 1 or in column 1 of the table in Schedule 2 to the Environmental Import Assessment (Scotland) Regulations 1999( 25),

must be made in accordance with this regulation.

(2) An application for such approval, consent or agreement must-

(a) be in writing;

(b) identify the planning permission to which it relates;

(c) contain a description of the matter in respect of which the application is made; and

(d) be accompanied by-

(i) where the application relates to the alteration or construction of buildings, other structures or roads or to landscaping, plans and drawings describing the matter in respect of which the application is made;

(ii) three copies of the relevant application for planning permission together with such plans and drawings as were required by the authority to be supplied in relation to the application for planning permission; and

(iii) any fee payable under the Fees Regulations.

(3) In paragraph (1) "exempt development" has the same meaning as in the Environmental Impact Assessment (Scotland) Regulations 1999.

Further information in respect of specified matters

15. -(1) Where the planning authority are of the opinion that in the circumstances of the case the application for planning permission in principle ought not to be considered separately from all or any of the matters specified in paragraph (2), they shall within one month from receipt of the application require by notice the applicant to provide such further information in respect of such matters as is specified in the notice.

(2) The matters are, any matters in respect of which details have not been given in the application and which concern the siting, design or external appearance of any building to which the planning permission or the application relates, or the means of access to such building, or the landscaping of the site in respect of which the application was made.

Design and access statements

16. -(1) This regulation applies to an application for planning permission which is not-

(a) an application for planning permission for development of land without complying with conditions subject to which a previous planning permission was granted;

(b) an application for planning permission-

(i) for engineering or mining operations;

(ii) development of an existing dwelling-house, or development within the curtilage of such a dwelling-house for any purpose incidental to the enjoyment of the dwelling-house as such; or

(iii) a material change in the use of land or buildings.

(2) A design and access statement is a statement about-

(a) the design principles and concepts that have been applied to the development; and

(b) how issues relating to access to the development for persons with disabilities have been dealt with.

(3) A design and access statement is to be in writing and must-

(a) explain the policy or approach adopted as to design and how any policies relating to design in the development plan have been taken into account-

(b) demonstrate the steps taken to appraise the context of the development and how the design of the development takes that context into account in relation to its proposed use.

(4) A design and access statement shall also-

(a) explain-

(i) the policy or approach adopted as to access and how policies relating to such access in the development plan have been taken into account;

(ii) how any specific issues which might affect access to the development for persons with disabilities have been addressed; and

(iii) how features which ensure access to the development for persons with disabilities will be maintained.

(b) state what, if any, consultation has been undertaken on issues relating to-

(i) the design principles and concepts that have been applied to the development; and

(ii) access to the development for persons with disabilities,

and what account has been taken of the outcome of any such consultation.

Validation date

17. -(1) An application under any of regulations 11 to 14 is to be taken to have been made on the date on which the last of the items or information required respectively in accordance with regulations 11, 12, 13 or 14 is received by the planning authority.

(2) Where the planning authority has received an application for its determination that its approval is required as a condition of permission granted by the General Permitted Development Order and the planning authority has determined that its approval is required, the date when the application is to be taken to have been made is the date when any details required under the General Permitted Development Order and the appropriate fee or the cost of advertising or both, were lodged with the planning authority or where these events did not all occur on the same day, the date when the last of such events occurred.

(3) The date on which an application for any other consent, agreement or approval required by a condition attached to a grant of planning permission is to be taken to have been made is the date on which it was received by the planning authority.

Notices to owners and agricultural tenants under section 35

18. -(1) Notice given by an applicant for the purposes of this regulation shall be in the form set out in Schedule 3.

(2) Subject to regulation 19, an applicant for planning permission under regulation 11 to 13 shall give notice of the application by serving notice on every person (other than the applicant) who at the beginning of the prescribed period is the owner of any of the land to which the application relates, or an agricultural tenant, and whose name and address is, after the applicant has taken reasonable steps to ascertain such information, known to the applicant.

(3) The applicant shall issue a certificate in one of the forms set out in Schedule 2-

(a) stating whether or not the land or part of the land to which the application relates constitutes or forms part of an agricultural holding; and

(b) stating, as appropriate-

(i) that at the beginning of the prescribed period no person (other than the applicant) was the owner of any of the land to which the application relates or an agricultural tenant;

(ii) that the applicant has served notice on every person (other than the applicant) who, at the beginning of the prescribed period, was the owner of any of the land to which the application relates or an agricultural tenant, setting out the name of every such person and the address at which and the date on which each notice was served;

(iii) that the applicant is unable to issue a certificate in accordance with the two preceding sub-paragraphs, that the applicant has been unable to serve notice on any of the persons mentioned in the last preceding paragraph or, as the case may be, that the applicant has served notice on such one or more of those persons as are specified in the certificate (setting out their names and the address at which and the date on which each notice was served), that the applicant has taken reasonable steps (specifying them) to ascertain the names and addresses of those persons, or the remainder of them as the case may be, that the applicant has been unable to do so;

(4) In this regulation and in regulation 19-

"agricultural holding" has the meaning given to it by section 35(7) of the Act;

"agricultural tenant" means the tenant of an agricultural holding any part of which is comprised in the land to which an application relates;

"prescribed period" means the period of 21 days ending with the date of the application.

Notices to owners and agricultural tenants under section 35 - minerals applications

19. -(1) In the case of a minerals application, instead of giving notice in the manner provided for by regulation 18, the applicant shall give notice of the application-

(a) by serving notice in the form set out in Schedule 3 on every person (other than the applicant) who is, at the beginning of the prescribed period, the owner of any of the land to which the application relates, or an agricultural tenant, and whose name and address is, after the applicant has taken reasonable steps to ascertain such information, known to the applicant; and

(b) by public notice in at least one place in the district of the planning authority to which the application is being made, leaving the notice in position for not less than 7 days in the period of 21 days immediately preceding the making of the application to the planning authority.

(2) Notice under paragraph (1)(b) is to state that an application for planning permission to has been made to the planning authority, give a brief description of the proposed development and its location and provide information regarding both when and where a copy of the application, plans and other documents submitted may be inspected and how and within which period (being no less than a period of 14 days beginning with the date of the notice) representations made be made on the application to the planning authority.

(3) At any time before determining a minerals application, the planning authority may in writing direct the applicant to give further notice by public notice in such places in its district not exceeding 4 in number as may be specified in the direction.

(4) Where a direction under paragraph (3) is given, the applicant is to provide the authority with a certificate stating-

(a) that the applicant has complied with the direction; and

(b) that every notice required by the direction has been in position for not less than 7 days in the period of 21 days immediately preceding the date on which the applicant lodged the certificate with the planning authority.

(5) The applicant shall not be treated as having failed to satisfy the requirements of paragraphs (2)(b) or (4) if the notice is, without any fault or intention of the applicant's, removed, obscured or defaced before the period of 7 days referred to in those paragraphs has elapsed, if the applicant has taken reasonable steps for its protection and, if need be, replacement.

(6) The applicant shall issue a certificate in terms of Form 4 set out in Schedule 2-

(a) that at the beginning of the prescribed period no person (other than the applicant) was the owner of any of the land to which the application relates or an agricultural tenant;

(b) that the applicant has served notice on every person (other than the applicant) whom the applicant knows was, at the beginning of the prescribed period, the owner of any of the land to which the application relates or an agricultural tenant, and whose name and address is known to the applicant (setting out the name of every such person, and the address at which and the date on which each notice was served) and that the applicant has not omitted to serve notice on any such person whose name and address is known to the applicant;

(c) that the applicant has complied with paragraphs (2)(b); and

(d) where the applicant has cause to rely on paragraph (5), the relevant circumstances.

(7) The applications prescribed for the purposes of paragraph (b) of the definition of "owner" in section 35(7) of the Act are minerals applications, and the minerals prescribed for the purposes of that paragraph are any minerals other than oil, gas, coal, gold or silver.

PART 4
PROCEDURE BY PLANNING AUTHORITY

Registers of applications

20. -(1) The register of applications for planning permission, which every planning authority is required to keep under section 36(1) of the Act, shall be kept in the manner specified in Schedule 4.

(2) Entries in the register of applications for planning permission which are required to be placed in the register by-

(a) paragraph 2(a) of Schedule 4, must be made on or before the earliest date on which notice is given in respect of the application under regulation 22(1) or 23(1);

(b) paragraph 2(b) of Schedule 4, must be made within 7 days of the giving or making of the relevant direction;

(c) paragraph 2(c) of Schedule 4, must be made within 7 days of the date on which the processing agreement was entered into or of the validation date, whichever is the later;

(d) paragraph 3(a) to (c) of Schedule 4, must be made within 7 days of the date on which the decision notice in respect of the application is given to the applicant.

(3) Every entry in a register required by paragraph 3(d) or (e) or paragraph 5 of Schedule 4, shall be made within 7 days of-

(e) the making of the application; or

(f) the giving or making of the relevant direction, decision or approval as the case may be.

Acknowledgment of applications

21. On receipt of an application for planning permission, the planning authority shall-

(a) where the application is made in accordance with and accompanied by the information and documents required by regulation 11, 12, 13 or 14, as the case may be, send to the applicant an acknowledgement thereof in the terms of Form 1 set out in the notification in Schedule 5, or in the case of an application to be determined by a person appointed by virtue of section 43A(1), in the terms of Form 2 set out in Schedule 5; or

(b) where the application is not made in accordance with and accompanied by the information and documents required by regulation 11, 12, 13 or 14, as the case may be, send to the applicant an acknowledgement thereof in the terms of Form 1 set out in Schedule 6, or in the case of an application to be determined by a person appointed by virtue of section 43A(1), in terms of Form 2 set out in Schedule 6.

Notification by the planning authority

22. -(1) A planning authority must give notice in accordance with this regulation that-

(a) an application for planning permission; or

(b) an application for consent, agreement or approval required by a condition imposed on a grant of planning permission in principle

has been made.

(2) Notice under paragraph (1) is to be given-

(a) to persons to whom notice was given under section 35;

(b) where there are premises situated on the neighbouring land to which the notice can be sent, by sending a notice addressed to "the Owner, Lessee or Occupier" to such premises; and

(c) in relation to an application mentioned in paragraph (1)(b), to persons who made (and did not withdraw) representations with respect to the grant of planning permission in principle.

(3) Notice in accordance with paragraph (1) must be given no later than 5 working days after the validation date.

(4) The notice to be given in accordance with paragraph (1) must-

(a) state the name of the applicant;

(b) include the reference number given to the application by the planning authority;

(c) include a description of the development and, if the site at which the proposed development is to be carried out has as postal address, that address;

(d) state that the application, plans or drawings relating to it and other documents submitted in connection with it may be inspected in the register kept by the planning authority;

(e) state the address (and the website address) at which the application may be so inspected;

(f) state that representations may be made to the planning authority and include information as to how any representations may be made and by which date they must be made (being a date not earlier than 21 days after service of the notice);

(g) the period within which the application may be inspected;

(h) be accompanied by a plan showing the situation or location of the development; and

(i) include a statement describing any proposals contained in the local development plan relating to the occurrence of development on the land in respect of which the application is made;

(j) include an explanation of the manner in which the application for planning permission is to be handled and the procedures which are to be followed in relation to the application;

(k) where the development to which the application belongs is a class of development prescribed for the purposes of section 35A(1), include a statement that notwithstanding that comments or representations may have been made to the applicant prior to the application being made, persons wishing to make representations in respect of the application should do so to the planning authority in the manner indicated in the notice.

Publication of application by the planning authority

23. -(1) Where-

(a) it is not possible for the planning authority to carry out notification in terms of regulation 22 because there are no premises situated on the neighbouring land to which the notification can be sent;

(b) the applicant has submitted with an application for planning permission under regulation 11 to 13 a certificate issued under regulation 18(3)(b)(iii);

(c) the application is a minerals application; or

(d) the application relates to development of one or more of the classes of development specified in Schedule 7 (bad neighbour development),

(e) the application relates to development which does not accord with the provisions of the development plan,

the planning authority must publish a notice in the form set out in Schedule 8 in a newspaper circulating in the locality in which the neighbouring land is situated.

(2) The planning authority shall not publish a notice in accordance with paragraph (1) where a notice is required to be published by the planning authority in accordance with sections 60(2)(a) and 65(2)(a) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (publicity for applications affecting conservation areas).

(3) Where the planning authority are required to publish a notice in a newspaper in accordance with paragraph (1), the applicant shall pay the cost to be incurred by the planning authority in arranging such advertisement at the time of submitting the applicant's application.

(4) The planning authority shall within the period of five days beginning with the validation date, notify the Cairngorms National Park Authority of any application made under any of regulations 11 to 14 in respect of development situated in the area of that Authority.

(5) Notice under paragraphs (1)(a) to (d) is to be published within 14 days of the validation date.

(6) Where any of paragraphs (1)(a) to (e) apply but notice has already been published with respect to the application under paragraph (1) the planning are not required to publish a further notice.

List of applications

24. -(1) The list of applications to be kept in accordance with section 36A shall be kept in four sections.

(2) The first section shall in relation to applications for planning permission made to the planning authority include the information specified in paragraph (6).

(3) The second section shall in relation to applications for approval referred to in regulation 14(1) for approval made to the planning authority include the information specified in paragraph (6) and also a description of the matter in respect of which the application is made.

(4) The third section shall, in relation to applications made under section 242(2) of the Act in respect of development in the district of the planning authority, include the information specified in paragraph (6) and a statement that representations are to be made to the Scottish Ministers and where any such representations should be sent.

(5) The fourth section shall, in relation to proposal of application notices received by the planning authority, include the information specified in paragraphs (a), (b) and (d) of paragraph (6) and-

(a) details as the how the prospective applicant may be contacted and corresponded with; and

(b) the earliest date on which an application for planning permission in respect of the development may be submitted to the planning authority.

(6) The information is-

(c) the reference number given to the application by the planning authority, or as the case may be, the Scottish Ministers;

(d) the site location;

(e) the name and address of the applicant or the applicant's agent;

(f) a description of the proposed development; and

(g) the date of expiry of the period mentioned in section 34(4)(a) of the Act.

(7) The list of applications shall also contain a statement as to how further information in respect of an application may be obtained from the planning authority.

Provision of information to community councils and within public libraries

25. -(1) The planning authority must send to every community council in its district at weekly intervals a list of all applications made to the authority during the previous week under any of regulations 11 to 14 which list shall contain the following information-

(a) the reference number given to the application by the planning authority;

(b) the site location;

(c) the date of receipt of the application by the planning authority;

(d) the name and address of the applicant or the applicant's agent;

(e) a description of the proposed development.

(2) The planning authority is to publish the list sent to community councils by placing a copy of the list in each public library in its district.

Publication of list of applications and provision of information to community councils

26. -(1) The planning authority are to publish the list of applications by means of the internet on their website and are to make the list of applications available for inspection at their principal office and at public libraries in the district of the planning authority.

(2) The availability of the list of applications is to be advertised in a local newspaper at monthly intervals.

Processing Agreements

27. -(1) A "processing agreement" is, with respect to an application mentioned in paragraph (2), an agreement between the applicant and the planning authority which-

(a) sets out an agreed framework for processing such an application; and

(b) is entered into not later than 28 days after the validation date in respect of such application.

(2) The applications are-

(a) for planning permission for development belonging either to the category of national developments or to the category of major developments;

(b) for any consent, agreement or approval of the planning authority required by a condition imposed on a grant of planning permission for development within such categories.

Further information

28. -(1) In respect of an application under regulations 11 to 14 a planning authority may, in addition to the particulars, documents, materials or evidence which are to be included in or accompany an application in accordance with regulation 11, 12, 13 or 14, as the case may be, require from the applicant further particulars, documents, materials or evidence which they consider that they require to enable them to deal with the application.

(2) In relation to an application for planning permission in principle the planning authority may only request further information in respect of the matters specified in regulation 15(2) after the expiry of the one month period mentioned in regulation 15(1) if the planning authority has made a request in relation to such a matter in accordance with regulation 15(1).

Time periods for decision

29. -(1) Without prejudice to sections 60(3) and 65(3) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and subject to paragraphs (2) and (3), an application under any of regulations 11 to 14 shall not be determined until the date, or the latest date, of the expiry of the period allowed for the making of representations or comments in respect of that application specified in notice-

(a) given in accordance with regulation 22(1); or

(b) published in accordance with regulation 23(1).

(2) Where a direction under regulation 19(3) is given, the application shall not be determined until the expiry of a period of 21 days beginning with the date when the certificate under regulation 19(4) was lodged with the planning authority.

(3) Where a planning authority has received-

(a) an application under any of regulations 11 to 14;

(b) an application for its determination that its approval is required as a condition of permission granted by the General Permitted Development Order and the planning authority has determined that its approval is required; or

(c) an application for any other consent, agreement or approval required by a condition attached to a grant of planning permission,

the period within which the authority must give notice to an applicant of their decision or determination or referral of the application to the Scottish Ministers is the period mentioned in paragraph (4).

(4) Subject to paragraphs (6) and (7), the period is-

(a) in the case of an application for planning permission for development within the category of national developments or major developments, four months after the validation date; and

(b) in any other case, two months after the validation date,

(5) For the purposes of paragraph (3) the validation date in a case where the Cairngorms National Park Authority has issued a direction in exercise of its powers under article 7(3) of the Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003( 26) is to be taken as the date on which that direction was issued.

(6) Where-

(a) the applicant was required to pay the cost of advertisement under regulation 23(3); or

(b) the planning authority have required the applicant to provide further information in accordance with regulation 15,

in calculating the two, or as the case may be, four month period for the purposes of paragraph (4) no account shall be taken of any period during which payment of such cost or provision of such information has been required from the applicant but such payment or information has not been received by the planning authority.

(7) Where-

(a) notice is published in accordance with regulation 23(1)(e); or

(b) the certificate under regulation 19(4) is lodged with the planning authority,

less than one month from the end of the period mentioned in paragraph (4)(a) or (b) then the period referred to in those paragraphs is the period ending one month after the date of publication of such notice or the date of lodging of the certificate, as the case may be.

(8) Paragraph (3) does not apply where the applicant and the planning authority agree in writing by virtue of section 47(2) to extend the period within which the planning authority may give notice of their decision to the applicant before the right to appeal under section 47(2) arises.

(9) The period prescribed for the purposes of section 43A(8)(c) and 47(2) of the Act is the period mentioned in paragraph (4).

Consultations before grant of planning permission

30. -(1) Before determining an application for planning permission for development in any of the following cases, a planning authority shall consult with the following authorities or persons-

(a) any adjoining planning authority, where it appears to the planning authority that the development is likely to affect land in the district of that authority;

(b) the Cairngorms National Park Authority, where it appears to the planning authority that the development is likely to affect land in the area of that Authority;

(c) the Coal Authority where the development consists of-

(i) the erection of a building, other than an alteration, extension or re-erection of an existing building or the erection of a building of a temporary character; or

(ii) the provision of a pipeline,

in an area of coal working or former or proposed coal working notified by the Coal Authority to the planning authority;

(d) the British Railways Board or other railway undertakers likely to be affected where the development is likely to result in a material increase in the volume or a material change in the character of traffic using a level crossing over a railway;

(e) Scottish Natural Heritage where-

(i) the development may affect an area of special interest notified to the planning authority by Scottish Natural Heritage in accordance with section 28 of the Wildlife and Countryside Act 1981( 27); or

(ii) the development consists of or includes the winning and working of peat other than for the domestic requirements of the applicant;

(f) a district salmon fishery board where the development consists of fish farming;

(g) the Health and Safety Executive where the development is within an area which has been notified to the planning authority by the Health and Safety Executive for the purpose of this provision because of the presence within the vicinity of toxic, highly reactive, explosive or inflammable substances and which involves the provision of-

(i) residential accommodation;

(ii) more than 250 square metres of retail floor space;

(iii) more than 500 square metres of office floor space; or

(iv) more than 750 square metres of floor space to be used for an industrial process,

or which is otherwise likely to result in a material increase in the number of persons working within or visiting the notified area;

(h) SEPA-

(i) where it appears to the planning authority that the development is likely to result in a material increase in the number of buildings at risk of being damaged by flooding; or

(ii) where the development consists of or includes-

(aa) fish farming;

(bb) mining operations;

(cc) the carrying out of building or other operations or use of land for the purposes of providing or storing mineral oils and their derivatives;

(dd) the carrying out of building or other operations (other than the laying of sewers, the construction of pump-houses in a line of sewers, the construction of septic tanks and cesspools serving single dwelling-houses, single caravans or single buildings in which not more than 10 people will normally reside, work or congregate, and works ancillary thereto) or use of land for the retention, treatment or disposal of sewage, trade-waste, or effluent;

(ee) the carrying out of works or operations in the bed or on the banks of a river or stream;

(ff) the use of land as a cemetery; or

(gg) the use of land for the deposit of any kind of refuse or waste, including slurry or sludge;

(i) the roads authority concerned, where the development involves-

(i) the formation, laying out or alteration of any means of access to, or is likely to create or attract traffic which will result in a material increase in the volume of traffic entering or leaving, a road (other than a trunk road) for which the planning authority are not also the roads authority; or

(ii) the formation, laying out or alteration of any means of access to land affording access to a toll road;

(j) the Scottish Ministers, in the case of-

(i) (aa) a trunk road;

(bb) a proposed trunk road or a proposed special road, being a road the route of which is shown as such in the development plan, or in respect of which the Scottish Ministers have given notice in writing to the planning authority of their proposal, together with the maps or plans sufficient to identify the proposed route of the road;

(cc) any road which is comprised in the route of a special road to be provided by the Scottish Ministers in accordance with a scheme under section 7 of the Roads (Scotland) Act 1984 relating to special roads, and which has not for the time being been transferred to them; or

(dd) any road which has been or is to be provided by the Scottish Ministers in pursuance of an order under the provisions of the said Act relating to trunk roads and special roads and has not for the time being been transferred to any roads authority,

where either the development constitutes development of land within 67 metres of the middle of such a road or the development consists of or includes the formation, laying out or alteration of any means of access to such a road;

(ii) development likely to result in a material increase in the volume or a material change in the character of traffic entering or leaving a trunk road;

(iii) development for the purpose of creating a motorway service area or new development within the boundary of such an area;

(iv) development of land within 400 metres of the boundary of any motorway for the purpose of providing such services as refreshments, fuel or parking;

(v) development of an area of land exceeding 2 hectares situated within one kilometre of a motorway junction for the purpose of providing fuel and refreshments;

(vi) development of land which is situated within 800 metres from any Royal Palace or Park, and might affect the amenities of that Palace or Park;

(vii) development which may affect a historic garden or designed landscape;

(viii) development which may affect the site of a scheduled monument or its setting;

(ix) development which may affect a category A listed building or its setting;

(x) development which consists of or includes the winning and working of peat other than for the domestic requirements of the applicant;

(xi) fish farm development;

(k) the Theatres Trust where the development involves any land on which there is a theatre as defined in the Theatres Trust Act 1976( 28);

(l) the waste disposal authority where the development is within 250 metres of land which-

(i) is or has, at any time in the 30 years before the relevant application, been used for the deposit of refuse or waste; and

(ii) has been notified to the planning authority by the waste disposal authority for the purposes of this provision;

(m) Scottish Water where the development is likely to require a material addition to or a material change in the services provided by that authority;

(n) the community council if any within whose area the development is to take place where-

(i) the community council, within 7 days (excluding Saturday and Sunday, December 25th and 26th and January 1st and 2nd) of the date on which the planning authority sent to that community council in accordance with regulation 25(1) the list which includes information about that development, informs the planning authority that it wishes to be consulted;

(ii) the development is in a class of case or in an area in respect of which the planning authority and the community council have agreed in writing that the community council will be consulted; or

(iii) it appears to the planning authority that the development is likely to affect the amenity in the area of the community council;

(o) the Scottish Sports Council where the development-

(i) is likely to prejudice the existing use of any land as a playing field;

(ii) is likely to result in the loss of land as a playing field; or

(iii) is likely to prevent the use of land, which was last used as a playing field, from being used again for that purpose;

(p) Scottish Natural Heritage, the Health and Safety Executive and SEPA where the development-

(i) involves the siting of new establishments;

(ii) consists of modifications to existing establishments which could have significant repercussions on major accident hazards; or

(iii) includes transport links, locations frequented by the public and residential areas in the vicinity of existing establishments, where the siting or development is such as to increase the risk or consequences of a major accident.

(q) the Scottish Ministers and the Secretary of State where fish farm development may affect a site designated as a controlled site under section 1 of the Protection of Military Remains Act 1986( 29).

(2) Expressions which are used in paragraph (1)(p) and in Council Directive 96/82/ EC on the control of major accident hazards involving dangerous substances shall, in that sub-paragraph, have the same meaning as in that Directive.

(3) The Scottish Ministers may give a direction to any planning authority requiring that authority to consult with the authorities, persons or bodies named in such direction in any case or class of case specified in such direction before granting or determining any application for planning permission and the planning authority shall enter into consultation accordingly.

(4) Where under this regulation, a planning authority are required to consult with any authority, person or body as to any application, they shall give not less than 14 days' notice to such authority, person or body that such application is to be taken into consideration and shall not determine the application until after the expiration of the period of such notice.

(5) Where any authority, person or body which a planning authority are required to consult under this regulation (except under paragraph (1)(p)) consider that consultation with them is not required in respect of any case or class of case or in respect of development within any area or areas they shall so inform the planning authority in writing and notwithstanding the foregoing provisions of this regulation the planning authority shall not be required to consult the authority, person or body in respect of any development coming within the case or class of case or within the area or areas specified.

Directions as to environmental impact assessment Regulations

31. The Scottish Ministers may give directions that development which is both of a description set out in Column 1 of the table in Schedule 2 to the Environmental Impact Assessment (Scotland) Regulations 1999 and of a class described in the direction is EIA development for the purposes of those Regulations.

Directions requiring information or restricting the grant of planning permission

32. -(1) The Scottish Ministers may make directions requiring a planning authority to give to the Scottish Ministers and to such other persons as may be prescribed in directions 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.

(2) The Scottish Ministers may give directions restricting the grant of planning permission by a 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.

Directions requiring consideration of condition

33. The Scottish Ministers may give directions to a 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-

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

(b) (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.

Development not according to development plan

34. A planning authority may grant planning permission for development which does not accord with the provisions of the development plan in such cases and subject to such conditions as may be prescribed by directions given by the Scottish Ministers.

Provisions supplementary to regulations 31-34

35. A planning authority shall deal with applications for planning permission for development to which a direction given under regulation 31, 32 or 34 applies in such manner as to give effect to the direction.

Notice of reference of applications to the Scottish Ministers

36. -(1) On referring any application to the Scottish Ministers under section 46 of the Act, a planning authority shall serve on the applicant notice-

(a) of the terms of the direction;

(b) of any reasons given by the Scottish Ministers;

(c) that the application has been referred to the Scottish Ministers; and

(d) that the decision of the Scottish Ministers on the application will be final.

(2) Regulation 38 applies to applications referred to the Scottish Ministers as mentioned in the preceding paragraph, as if the references to a planning authority were to the Scottish Ministers.

Pre-determination Hearings

37. -(1) The classes of development prescribed for the purposes of section 38A(1) are-

(a) EIA development; and

(b) development which is significantly contrary to the local development plan.

(2) The persons who submitted representations to the planning authority in respect of the application in accordance with these Regulations are prescribed for the purposes of section 38A(1) as persons to whom the planning authority are to give an opportunity of appearing before and being heard by a committee of the authority.

Decision by planning authority

38. A planning authority shall, in determining an application for planning permission, take into account any representations by any person in response to notification given under-

(a) regulation 22, within 21 days beginning with the date when the notice was served on that person or such later date as may be specified in the notice as the date by which representations may be made; or

(b) regulation 23, within 21 days of the date of publication of the notice.

Decision Notice

39. -(1) The planning authority must as regards an application mentioned in paragraph (2) give-

(a) the applicant; and

(b) every person who has made representations in respect of the application.

notice ("a decision notice") as to the manner in which the application has been dealt within the period mentioned in regulation 29(4).

(2) The applications are-

(a) for planning permission;

(b) for a consent, agreement or approval required by a condition imposed on a grant of planning permission.

(3) A decision notice must, in addition to the matters required by section 43(1A)(a)-

(a) in the case of an application under regulation 11 to 13-

(i) include a description of the proposed development (including identification of the plans and drawings showing the proposed development) for which planning permission has been granted, or as the case may be, refused;

(ii) include a description of the location of the proposed development, including where applicable, a postal address;

(iii) include the reference number of the application;

(iv) include a description of any variation made to the application in accordance with section 32A;

(v) a statement as to the effect of section 58(2) or 59(4), as the case may be, or where the planning authority have made a direction under section 58(2) or 59(5), give details of that direction;

(vi) if any obligation is to be entered into under section 75 of the Act in connection with the application state where the terms of such obligation or a summary of such terms may be inspected; and

(vii) where a direction has been made, by the Scottish Ministers under regulation 32 or 33 give details of such direction in respect of that direction; and

(b) in the case of an application under regulation 14 include-

(i) a description of the matter in respect of which approval, consent or agreement has been granted, or as the case may be, refused;

(ii) the reference number of the application; and

(iii) the reference number of the application for the planning permission in respect of which the condition in question was imposed.

(4) A decision notice must in the case of refusal or approval subject to conditions be accompanied by a notification in the terms of Form 1 set out in Schedule 9 or where the application is determined by a person appointed by virtue of section 43A(1), by notification in terms of Form 2 set out in Schedule 9.

Schemes of delegation

40. Where an application is determined by an appointed person by virtue of a scheme of delegation prepared under section 43A(1) of the Act, references to the planning authority in regulations 29, 30, 33 and 39 and in paragraphs 3(a)(ii) and 4(c) of Schedule 4 to the planning authority are to be treated as references to such appointed person.

PART 5
MARINE FISH FARMING

Application to marine fish farming

41. -(1) This Order shall apply to an application for planning permission relating to fish farm development subject to the following modifications.

(2) In regulation 11-

(a) in paragraph 2(a) for "land" substitute "location of the development"; and

(b) omit paragraph (3).

(3) Omit regulations 12 and 22.

(4) In regulation 23 for paragraph (1) substitute-

"(1) The planning authority shall publish a notice in the form set out in Schedule 8 in a newspaper circulating in the district of that planning authority.".

(5) In regulation 30(1), in paragraph (m) for "within whose area the development is to take place" substitute, "whose area is adjacent to the marine planning zone in which the fish farm development is to take place".

(6) Where an application for planning permission relates in part to fish farm development and in part to other development, the modifications specified in this regulation shall apply only for the purposes of that application to the extent that it relates to fish farm development.

PART 6
CERTIFICATES OF LAWFUL USE OR DEVELOPMENT

Application for certificate of lawful use or development

42. An application for a certificate under section 150(1) or 151(1) of the Act shall be in writing and must, in addition to specifying the land and describing the use, operations or other matter in question in accordance with those sections, include the following information-

(a) the paragraph of section 150(1) or, as the case may be, section 151(1), under which the application is made:

(b) in the case of an application under section 150(1), the date on which the use, operations or other matter began or, in the case of operations carried out without planning permission, the date on which the operations were substantially completed;

(c) in the case of an application under section 150(1)(a), the name of any use class specified in an order under section 26(2)(f) of the Act which the applicant considers applicable to the existing use;

(d) in the case of an application under section 150(1)(c), sufficient details of the relevant planning permission to enable it to be identified;

(e) in the case of an application under section 151(1)(a), the use of the land at the date of the application (or, when the land is not in use at that date, the purpose for which it was last used) and the name of any use class specified in an order under section 26(2)(f) of the Act which the applicant considers applicable to the proposed use;

(f) the applicant's reasons, if any, for regarding the use, operations or other matter described in the application as lawful; and

(g) such other information as the applicant considers to be relevant to the application.

Documentation accompanying applications

43. -(1) An application to which regulation 42 applies must be accompanied by-

(a) a plan identifying the land to which the application relates;

(b) such evidence verifying the information included in the application as the applicant can provide; and

(c) a statement setting out the applicant's interest in the land, the name and address of any other person known to the applicant to have an interest in the land and whether any such other person has been notified of the application.

(2) Where such an application specifies two or more uses, operations or other matters, the plan which accompanies the application shall indicate to which part of the land each such use, operation or matter relates.

Procedure on receipt of application

44. -(1) When a planning authority receive an application to which regulation 42 applies and any fee required to be paid in respect of the application, they must, as soon as reasonably practicable, send to the applicant an acknowledgement of the application in the terms (or substantially in the terms) set out in Part I of Schedule 10.

(2) Where, after sending an acknowledgement as required by paragraph (1), the planning authority consider that the application is invalid by reason of the failure to comply with regulations 42 and 43 or any other statutory requirement, they must, as soon as practicable, notify the applicant that the applicant's application is invalid.

(3) The planning authority may by notice in writing require the applicant to provide such further information as may be specified to enable them to deal with the application.

(4) The planning authority must give the applicant written notice of their decision within a period of 2 months beginning with the date of receipt by the authority of the application and any fee required to be paid in respect of the application or within such extended period as may be agreed upon in writing between the applicant and the authority.

(5) For the purpose of calculating the appropriate period specified in paragraph (4), where any fee required has been paid by a cheque which is subsequently dishonoured, the time between the date when the authority send the applicant written notice of the dishonouring of the cheque and the date when the authority receive the full amount of the fee shall not be taken into account.

(6) Where an application is refused in whole or in part (including a case in which the authority modify the description of the use, operations or other matter in the application or substitute an alternative description for that description), the notice of decision shall be in writing and shall-

(a) state the authority's reasons for their decision; and

(b) include a statement to the effect that the applicant may appeal to the Scottish Ministers under section 154 of the Act.

(7) A certificate under section 150 or 151 of the Act shall be in the form set out in Part II of Schedule 10.

(8) Regulation 39(5) (furnishing of information by planning authority to Scottish Ministers) shall apply to applications for a certificate to which regulation 42 applies as it applies to applications for planning permission.

Revocations of certificate of lawful use or development

45. -(1) Where a planning authority propose to revoke a certificate issued under section 150 or 151 of the Act in accordance with section 152(7) of the Act, they shall, before they revoke the certificate, give notice of that proposal to-

(a) the owner of the land affected;

(b) the occupier of the land affected;

(c) any other person who will in their opinion be affected by the revocation; and

(d) in the case of a certificate issued by the Scottish Ministers under section 154 of the Act, the Scottish Ministers.

(2) A notice issued under paragraph (1) shall invite the person on whom the notice is served to make representations on the proposal to the authority within 14 days of service of the notice and the authority shall not revoke the certificate until all such periods allowed for making representations have expired.

(3) An authority shall given written notice of any revocation under section 152(7) of the Act to every person on whom notice of the proposed revocation was served under paragraph (1).

PART 7
DIRECTIONS

Directions and savings

46. -(1) Any power conferred by these Regulations to give a direction shall be construed as including power to cancel or vary the direction by a subsequent direction.

(2) Any directions in force immediately before the coming into force of these Regulations by virtue of the Town and Country Planning (General Development) (Scotland) Orders 1950 to 1970, the Town and Country Planning (General Development) (Scotland) Order 1975, the Town and Country Planning (General Development) (Scotland) Order 1981 and the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 shall continue in force and have effect as if given under the corresponding provisions of these Regulations.

PART 8
NOTICES

Service of Notices

47. Section 271 applies to notices or other documents required or authorised to be served or given under these Regulations on the owners or occupiers of land as it applies to notices or other documents required or authorised to be served or given under the Act.

PART 9
REVOCATIONS AND SAVINGS

Revocations and savings

48. -(1) The Town and Country Planning (General Development Procedure) (Scotland) Order 1992( 30) is, subject to paragraph (2) hereby revoked.

(2) The Town and Country Planning (General Development Procedure) (Scotland) Order 1992 shall continue to apply as it did immediately before the coming into force of these Regulations in respect of any application for planning permission, for an approval under a development order, or for a certificate of lawful use or development.

SCHEDULE 1 Regulation 4(1)(b)
PRE-APPLICATION CONSULTATION - LOCAL DEVELOPMENTS

SCHEDULE 4 Regulation 20
REGISTERS UNDER SECTIONS 36(1) TO (4)

Register of applications for planning permission

1. The register of applications for planning permission which every planning authority is required to keep under section 36(1) of the Act is to be kept in 2 parts.

2. Part I of the register is to contain a copy of-

(a) every application made under regulations 11 to 14 and not finally disposed of, together with-

(i) copies of plans and drawings; and

(ii) any design and access statement;

(iii) any pre-application consultation report,

submitted in respect of the application;

(b) particulars of any direction given under the Act or these Regulations in respect of the application; and

(c) any processing agreement entered into with respect to the application.

3. Part II of the register of applications for planning permission is to contain-

(a) in respect of all applications made under regulations 11 to 14 determined by the planning authority (other than following a review of the case by virtue of section 43A(8))-

(i) a copy of the decision notice;

(ii) copies of any plans considered by the planning authority in determining the application; and

(b) a copy of any environmental statement submitted with respect to the application; and

(c) in respect of all applications made under regulations 11 to 13 a Report containing the information mentioned in paragraph 4 of this Schedule; and

(d) the date and effect of any decision of the Scottish Ministers in respect of the application, on appeal or on a reference under section 46 of the Act; and

(e) a copy of the decision notice of the planning authority as to the manner in which a review of the case under section 43A has been dealt with

4. The information to be contained in the Report is-

(a) a statement of the number of representations made in respect of the application and a summary of the main issues raised by such representations;

(b) details of the authorities and persons consulted by the planning authority in respect of the application and a summary of the responses made by such authorities or persons;

(c) a statement as to whether-

(i) an environmental statement was submitted in respect of the proposed development;

(ii) an appropriate assessment under the Conservation (Natural Habitats &c.) Regulations 1994( 31) was carried out in respect of the proposed development;

(iii) a design and access statement was submitted in respect of the proposed development; or

(iv) any report on the impact or potential impact of the proposed development (for example the retail impact, transport impact, noise impact or risk of flooding) which was submitted in connection with the application,

and where such a statement or report was submitted or such assessment carried out, a summary of the main issues raised by such statement, report or assessment;

(d) if a pre-determination hearing was held under section 38A of the Act, a statement of the main issues raised at such hearing;

(e) a summary of the terms of any planning obligation entered into under section 75 in relation to the grant of planning permission for the proposed development;

(f) details of the provisions of the development plan and any other material considerations (in addition to any to be included in the Report under above paragraphs) to which the planning authority had regard in determining the application; and

(g) to the extent not included in the decision notice, particulars of any direction given under the Act or these Regulations in respect of the application.

(h) where the planning authority published notice of the application under regulation 23(1), details of the newspaper in which the notice was published and the dates of such publication.

(i) where the planning authority has given notice of the application in addition to notification in accordance with these Regulations, a statement that such notification was given and of the planning authority's reasons for doing so.

Certificates of lawful use or development

5. The register kept by the planning authority shall also contain the following information in respect of every application for a certificate under section 150 (certificate of lawfulness of existing use or development) or 151 (certificate of lawfulness of proposed use or development) of the Act submitted to the authority-

(a) the name and address of the applicant;

(b) the date of the application;

(c) the address or location of the land to which the application relates;

(d) the description of the use, operations or other matter included in the application;

(e) the decision (if any) of the planning authority in respect of the application and the date of such decision; and

(f) the reference number, date and effect of any decision of the Scottish Ministers on an appeal in respect of the application.

Provisions applicable to registers generally

6. -(1) Every register shall include an index, which shall be in the form of a map.

(2) The registers for their district shall be kept at the office of every planning authority but part of a register relating to land in a part of the district of that authority may be kept at a place within or convenient to that part.

7. Where the register kept by a planning authority under this Schedule is kept using electronic storage, the authority may make the register available for inspection by the public on a website maintained by the authority for that purpose.

SCHEDULE 7 Regulation 23(1)
BAD NEIGHBOUR DEVELOPMENT

The following are the classes of development specified for the purposes of regulation 23(1)(d)-

(1) the construction of buildings for use as a public convenience;

(2) the construction of buildings or other operations, or use of land-

(a) for the disposal of refuse or waste materials, or for the storage or recovery of reusable metal;

(b) for the retention, treatment or disposal of sewage, trade-waste, or effluent other than-

(i) the construction of pumphouses in a line of sewers;

(ii) the construction of septic tanks and cesspools serving single dwelling-houses, or single caravans, or single buildings in which not more than 10 people will normally reside, work or congregate;

(iii) the laying of sewers; or

(iv) works ancillary to those described in sub-paragraphs (i) to (iii);

(c) as a scrap yard or coal yard; or

(d) for the winning or working of minerals;

(3) the construction of buildings or use of land for the purpose of a slaughterhouse or knacker's yard or for the killing or plucking of poultry;

(4) the construction or use of buildings for any of the following purposes-

bingo hall
building for indoor games
casino
cinema
dance hall
fun fair
gymnasium (not forming part of a school, college or university)
hot food shop
licensed premises
music hall
skating rink
swimming pool
theatre, or
Turkish or other vapour or foam bath;

(5) the construction of buildings for or the use of buildings or land as-

(a) a crematorium, or the use of land as a cemetery;

(b) a zoo, or wildlife park, or for the business of boarding or breeding cats or dogs;

(6) the construction of buildings and use of buildings or land for motor car or motor cycle racing;

(7) the construction of a building to a height exceeding 20 metres;

(8) the construction of buildings, operations, and use of buildings or land which will-

(a) affect residential property by reason of fumes, noise, vibration, smoke, artificial lighting, or discharge of any solid or liquid substance;

(b) alter the character of an area of established amenity;

(c) bring crowds into a generally quiet area;

(d) cause activity and noise between the hours of 8 pm and 8 am; and

(e) introduce significant change into a homogeneous area.

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