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Commencement of the Planning etc. (Scotland) Act 2006

Commencement of the Planning etc. (Scotland) Act 2006
(Indicating some of the transitional arrangements)

This table contains a summary of the commencement of the Planning etc. (Scotland) Act 2006 and mentions some of the transitional arrangements for moving to the new system.

Transitional Arrangement provides further guidance in relation to development management procedures.

Legislation provides the definitive detail with regard to commencement of provisions, savings, transitional and consequential and other amendments in this regard contained in the commencement orders and other legislation associated with modernisation.

Provision of the Act
Subject
Matter
Purpose (for all purposes unless stated) and other information
Commencement Order No
Date In
Force (bold
-proposed commencement
date
PART 1
Section 1National Planning Framework2April 01, 2007
PART 2
Section 2Development PlansOnly for the purposes of enabling orders or regulations to be made and directions or guidance to be issued3May 19, 2008
Section 2Development Plans

Only for the purposes of-
(a) the determination and re-determination of the boundary of a strategic development plan area and procedures relating thereto;
(b) requiring a strategic development plan authority to have regard to guidance issued by Scottish Ministers; and
(c) the definitions of "strategic development plan area" and "strategic development planning authority"

3June 25, 2008
Section 2Development PlansFor all other purposes3February 28, 2009
PART 3
Part 3Development ManagementOnly for purpose of enabling provision to be made by order, directions or regulations1February 06, 2007
Section 3Meaning of Development

For the purposes of enabling provisions to be Made by order, direction or regulation

1February 06, 2007
Section 3Meaning of DevelopmentSection 3(1)(a), (c), (d) and (e) and (42April 01, 2007
Section 4Marine Fish Farms2April 01, 2007
Section 5Hierarchy of Developments for Purposes of Development ManagementThis section and the related regulations only have practical effect when legislation specifying what is to be done with a particular category of development come into force - e.g. schemes of delegation or pre-application consultation requirements7April 06, 2009
Section 6Initiation and Completion of DevelopmentRequirements to send notices of initiation and completion and to display notices on site will only apply where permission granted on or after 3rd August9August 03, 2009
Section 7Applications for Planning Permission and Certain ConsentsSection 7 (1) and (2)9August 03, 2009
Section 8Variation of Planning ApplicationsThe restriction on variations to proposals once an appeal has been made applies only in relation to appeals made on or after 3 August9August 03, 2009
Section 9Development Already Carried Out9August 03, 2009
Section 10Publicity for ApplicationsThe current provisions on neighbour notification for example will continue to apply for applications made before 3 August 20099August 03, 2009
Section 11Pre-application ConsultationThe requirements apply only in relation to applications for major or national development to be made on or after 3 August 20097April 06, 2009
Section 12Public availability of information as to how planning applications have been dealt withSection 12(a)(iii) and (iv2April 01, 2007
Section 12Public availability of information as to how planning applications have been dealt withFor all other purposes9August 03, 2009
Section 13Keeping and Publishing of Lists of ApplicationsThe requirement to have a list of extant planning applications will only apply to applications received on or after August 03, 20099August 03, 2009
Section 14Pre-determination HearingsThis will apply to applications for major development significantly contrary to the development plan or for national development to be determined on or after August 03, 20099August 03, 2009
Section 15Additional Grounds for Declining to Determine Application for Planning PermissionThe additional grounds for declining to determine planning applications will apply in relation to applications received on or after August 03, 20099August 03, 2009
Section 16Manner in which applications for planning permission are dealt with

Section 16(a) - Directions relating to possible conditions to be attached to planning permission, and to requiring provision of information needed to reach decisions on planning applications

2March 01, 2007
Section 16Manner in which applications for planning permission are dealt withSection 16(b) - Content of decision notices9August 03, 2009
Section 17Local Developments: Schemes of Delegation

Commencement in April only for the purposes of making and adopting schemes of delegation

7April 06, 2009
Section 17Local Developments: Schemes of DelegationFor all other purposes9August 03, 2009
Section 18Call-in of applications by Scottish MinistersApplications called-in before August 03, 2009 will be processed in accordance with procedures in place at that time2April 01, 2007
Section 19AppealsWhere the right to appeal arises before August 03, 2009, the applicant retains the right to appeal to the Scottish Ministers and has 6 months to do so9August 03, 2009
Section 19AppealsAppeals made before August 03, 2009 will be processed in accordance with procedures in place at that time
Section 20Duration of Planning Permission and Listed Building Consent etcSection 20(1) and (2). These will apply in relation to permission granted on or after August 03, 20099August 03, 2009
Section 21Planning Permission in PrincipleSection 21 will apply to planning permission in principle granted on or after August 03, 2009, which includes grants of permission made in relation to applications for outline planning permission made before that date9August 03, 2009
Section 22Further Provision as Regards Duration of Planning Permission9August 03, 2009
Section 23Planning ObligationsTo be subject of public consultation on draft regulations prior to being commenced
Section 24Good Neighbour AgreementsTo be subject of public consultation on draft regulations prior to being commenced
PART 4
Section 25Fixed Penalty Notices9August 03, 2009
Section 26Temporary Stop Notices9August 03, 2009
Section 27Enforcement Charters2April 01, 2007
PART 5
Section 28 (1), (a), (b) and (c)Tree Preservation Orders2April 01, 2007
PART 6
Section 29Correction of Errors
PART 7
Section 30Assessment of Planning Authority's Performance or Decision MakingNO CURRENT PLANS TO COMMENCE
PART 8
Section 31Fees and Charges8May 14, 2009
Section 32Grants for Advice and Assistance2April 01, 2007
PART 9
Sections 33-49Business Improvement DistrictsOnly for the purposes of enabling regulations to be made1February 06, 2007
Sections 33-49Business Improvement Districts2April 01, 2007
PART 10
Section 50National scenic AreasOnly for the purpose of enabling regulations to be made and guidance to be issued2April 01, 2007
Section 51Equal Opportunities2April 01, 2007
Section 52Regulations in Connection with inquiries etc

Section 52(1)

5December 12, 2008
Section 53Old Development Plans6February 28, 2009
Section 54Further Amendment of the Principal ActOnly for the purpose of bringing into force the amendment to section 275 of the principal Act made by section 54(16)(a1February 06, 2007
Section 54(1), (2), (11)(b)(i) and (iii), (16)(d) and (e) and (17)(a)(i), (ii) and (iii)Further Amendment of the Principal ActSection (17)(a)(i) is commenced only for the purpose of inserting the definitions of "national developments" and "National Planning Framework" into Section 277(1) of the principal Act2April 01, 2007
Section 54(11)(a), (12), (14), (15), (16)(b)(i) and (f) and (17)(a)(i)Further Amendment of the Principal ActSection 17(a)(i) is commenced only for the purpose of inserting the definition of "local development plan" into section 277(1) of the principal Act6February 28, 2009
Section 54(16)(b)(i), (c) and (f)Further Amendment of the Principal ActOnly for the purposes of enabling orders or regulations to be made and directions or guidance to be issued3May 19, 2008
Section 54(17)(a)(i)Further Amendment of the Principal ActSection 54(17)(a)(i) is commenced only for the purpose of inserting the definitions of "strategic development plan", "strategic development plan area" and "strategic development planning authority" into section 277(1) of the Principal Act3June 25, 2008
Section 54(17)(a)(i) and (19)Further Amendment of the Principal ActSection 54(17)(a)(i) is commenced only for the purpose of inserting the definitions of "local developments" and "major developments" into section 277(1) of the principal Act7April 06, 2009
Section 54(18)(b)(ii)NOT TO BE COMMENCED
Section 54(3) to (10), (13) and (17)(a)(i)9August 03, 2009
Section 55Further Amendment of the Listed Buildings Act

Section 55(1) and (3)

2April 01, 2007
Section 55Further Amendment of the Listed Buildings Act

Section 55(2)

4June 01, 2008
Section 56 and the ScheduleRepeals

Only for the purpose of the repeal of-
(i) section 263 of and Part 2 of Schedule 18 to the principal Act; and
(ii) the provisions of the Water Environment and Water Services (Scotland) Act 2003 specified in the schedule

2April 01, 2007
Section 56 and the ScheduleRepeals

For all purposes other than the repeal (wholly or partially) of -
(a) section 67(8) of the 1997 Act;
(b) section 163 of the 1997 Act;
(c) section 182(3)(a) of the 1997 Act;
(d) section 252(2) of the 1997 Act; and
(e) sections 20(2), 36(2) and 72(1)(b) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997

9August 03, 2009
Section 57Interpretation1February 06, 2007
Section 58Supplementary and Consequential Provision1February 06, 2007




Page updated: Monday, August 10, 2009