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annex B
THE TOWN AND COUNTRY PLANNING (DEVELOPMENT CONTRARY TO DEVELOPMENT PLANS) (SCOTLAND) DIRECTION 1996
The Secretary of State in exercise of the powers conferred on him by Article 18 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:-
Interpretation
1. In this Direction "an article 17 direction" means a direction given by the Secretary of State under article 17 of the Town and Country Planning (General Development Procedure)(Scotland) Order 1992 restricting the grant of planning permission by a planning authority and " the restriction period referred to in such direction" is the period during which the planning authority is prevented from granting planning permission by reason of the restriction imposed by the direction.
Application
2. This Direction does not apply to an application for planning permission to which an article 17 direction applies, during the restriction period referred to in such direction.
3. Planning authorities are hereby authorised to grant planning permission for development which does not accord with the provisions of the development plan provided -
(a) they have published a notice in a local newspaper circulating within their district, giving details of the application and where it and any relevant plans and other documents may be examined, and requesting that representations be made in writing within 21 days of the date of the fist publication of the notice; and
(b) they have considered any representations so made.
4. The Town and Country Planning (Development Contrary to Development Plans) (Scotland) (No.2) Direction 1994 is hereby revoked.
5. This direction may be cited as the Town and Country Planning (Development Contrary to Development Plans) (Scotland) Direction 1996 and shall come into force on 1st April 1996.
Assistant Secretary,
The Scottish Office Development Department
Victoria Quay
Edinburgh
1 April 1996
(a) S.I. 1992/224 amended by S.I.s 1992/2083, 1993/11039, 1994/2585 and 3293 and 1996/467
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