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introduction
1. In 1994, National Planning Policy Guideline ( NPPG) 1: The Planning System was published and the status of development plans in making planning decisions was enhanced by section 18A of the Town and Country Planning (Scotland) Act 1972 (added by section 58 of the Planning and Compensation Act 1991). Since then, it has been even more important that procedures for approving applications which depart from the development plan are clearly stated and carefully observed, to ensure public confidence in the fairness of the system, These departure procedures are set out in the Town and Country Planning (Development Contrary to Development Plans) (Scotland) Direction 1996 which was issued under cover of SODD Circular 10/1996 (a copy of the Direction is at annex B). The revised Direction was issued to simplify the procedures to take account of the new structure of local government from 1 April 1996. This revised PAN updates the good practice advice in line with the simplified procedures.
2. This PAN supplements the general advice on good practice issued in PAN 40: Development Control. It does not affect arrangements under the Town and Country Planning (Notification of Planning Applications) (Scotland) Direction 1997 1 which consolidates previous Directions relating to the notification of applications to the Secretary of State.
Directions affecting Development Plan Departures
The Town and Country Planning (Development Contrary to Development Plans) (Scotland) Direction 1996 (the DCDP Direction), a copy of which is at annex B, authorises planning authorities to grant planning permission for developments which do not accord with the provisions of approved structure plans or approved and adopted local plans, provided that the requirements set out in the Direction are followed.
The Town and Country Planning (Notification of Planning Applications) (Scotland) Direction 1997 {the Notification Direction) lists the categories of application to be notified to the Secretary of State. Under paragraph 8 of the Schedule to the Direction, if applications are deemed by the planning authorities to be significant departures from an approved structure plan 2 and the authority is minded to approve them, they must be notified under the Notification Direction.
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