(1) Subject to the following provisions of this section, in this Act, except where the context otherwise requires, “development” means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.
(2) The following operations or uses of land shall not be taken for the purposes of this Act to involve development of the land—
(a) the carrying out of works for the maintenance, improvement or other alteration of any building being works which—
(i) affect only the interior of the building, or
(ii) do not materially affect the external appearance of the building,
and are not works for making good war damage within the meaning of the [1943 c. 21.] War Damage Act 1943 or works begun after 7th December, 1969 for the alteration of a building by providing additional space in it underground;
(b) the carrying out by a local roads authority on land within the boundaries of a road of any works required for the maintenance or improvement of the road;
(c) the carrying out by a local authority or statutory undertakers of any works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including the breaking open of any road or other land for that purpose;
(d) the use of any buildings or other land within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse as such;
(e) the use of any land for the purposes of agriculture or forestry (including afforestation) and the use for any of those purposes of any building occupied together with land so used;
(f) in the case of buildings or other land which are used for a purpose of any class specified in an order made by the Secretary of State under this section, the use of the buildings or other land or, subject to the provisions of the order, of any part of the buildings or the other land, for any other purpose of the same class;
(g) the demolition of any description of building specified in a direction given by the Secretary of State to planning authorities generally or to a particular planning authority.
(3) For the avoidance of doubt it is hereby declared that for the purposes of this section—
(a) the use as two or more separate dwellinghouses of any building previously used as a single dwellinghouse involves a material change in the use of the building and of each part of it which is so used;
(b) the deposit of refuse or waste materials on land involves a material change in its use, notwithstanding that the land is comprised in a site already used for that purpose, if—
(i) the superficial area of the deposit is extended, or
(ii) the height of the deposit is extended and exceeds the level of the land adjoining the site.
(4) For the purposes of this Act building operations include—
(a) demolition of buildings,
(b) rebuilding,
(c) structural alterations of or additions to buildings, and
(d) other operations normally undertaken by a person carrying on business as a builder.
(5) For the purposes of this Act mining operations include—
(a) the removal of material of any description—
(i) from a mineral-working deposit,
(ii) from a deposit of pulverised fuel ash or other furnace ash or clinker, or
(iii) from a deposit of iron, steel or other metallic slags, and
(b) the extraction of minerals from a disused railway embankment.
(6) Where the placing or assembly of any tank in any part of any inland waters for the purpose of fish farming there would not, apart from this subsection, involve development of the land below, this Act shall have effect as if the tank resulted from carrying out engineering operations over that land; and in this subsection—
“fish farming” means the breeding, rearing or keeping of fish or shellfish (which includes any kind of crustacean or mollusc);
“inland waters” means waters which do not form part of the sea or of any creek, bay or estuary or of any river as far as the tide flows; and
“tank” includes any cage and any other structure for use in fish farming.
(7) Without prejudice to any regulations under this Act relating to the control of advertisements, the use for the display of advertisements of any external part of a building which is not normally used for that purpose shall be treated for the purposes of this section as involving a material change in the use of that part of the building.
(1) Subject to the following provisions of this section, for the purposes of this Act development of land shall be taken to be initiated—
(a) if the development consists of the carrying out of operations, at the time when those operations are begun;
(b) if the development consists of a change in use, at the time when the new use is instituted;
(c) if the development consists both of the carrying out of operations and of a change in use, at the earlier of the times mentioned in paragraphs (a) and (b).
(2) For the purposes of the provisions of this Part mentioned in subsection (3) development shall be taken to be begun on the earliest date on which any material operation comprised in the development begins to be carried out.
(3) The provisions referred to in subsection (2) are sections 52(2), 53(6), 54(4), 58, 59 and 61.
(4) In subsection (2) “material operation” means—
(a) any work of construction in the course of the erection of a building,
(b) any work of demolition of a building,
(c) the digging of a trench which is to contain the foundations, or part of the foundations, of a building,
(d) the laying of any underground main or pipe to the foundations, or part of the foundations, of a building or to any such trench as is mentioned in paragraph (c),
(e) any operation in the course of laying out or constructing a road or part of a road, or
(f) any change in the use of any land which constitutes material development.
(5) In subsection (4)(f) “material development” means any development other than—
(a) development for which planning permission is granted by a general development order for the time being in force and which is carried out so as to comply with any condition or limitation subject to which planning permission is so granted,
(b) development of a class specified in paragraph 1 or 2 of Schedule 11, and
(c) development of any class prescribed for the purposes of this subsection.
(6) In subsection (5) “general development order” means a development order (within the meaning of section 30(2)) made as a general order applicable (subject to such exceptions as may be specified in it) to all land in Scotland.
(1) Subject to the following provisions of this section, planning permission is required for the carrying out of any development of land.
(2) Where planning permission to develop land has been granted for a limited period, planning permission is not required for the resumption, at the end of that period, of its use for the purpose for which it was normally used before the permission was granted.
(3) Where by a development order planning permission to develop land has been granted subject to limitations, planning permission is not required for the use of that land which (apart from its use in accordance with that permission) is its normal use.
(4) Where an enforcement notice has been served in respect of any development of land, planning permission is not required for the use of that land for the purpose for which (in accordance with the provisions of this Part) it could lawfully have been used if that development had not been carried out.
(5) In determining for the purposes of subsections (2) and (3) what is or was the normal use of land, no account shall be taken of any use begun in contravention of this Part or of previous planning control.
(6) For the purposes of this section a use of land shall be taken to have been begun in contravention of previous planning control if it was begun in contravention of Part II of the 1947 Act or Part III of the 1972 Act.
(7) Subsection (1) has effect subject to Schedule 2 (which contains exemptions for certain uses of land on 1st July 1948).
(1) Planning permission may be granted—
(a) by a development order,
(b) by the planning authority (or, where this Part so provides, by the Secretary of State) on application to the authority in accordance with regulations or a development order,
(c) on the adoption or approval of a simplified planning zone scheme or alterations to such a scheme in accordance with section 49 or, as the case may be, section 53, or
(d) on the designation of an enterprise zone or the approval of a modified scheme under Schedule 32 to the [1980 c. 65.] Local Government Planning and Land Act 1980 in accordance with section 55 of this Act.
(2) Planning permission may also be deemed to be granted under section 57 (development with government authorisation).
(3) This section is without prejudice to any other provisions of this Act providing for the granting of permission.
(1) The Secretary of State shall by regulations or by order provide for the granting of planning permission.
(2) An order under this section (in this Act referred to as a “development order”) may itself grant planning permission for development specified in the order, or for development of any class so specified, and may be made either—
(a) as a general order applicable, except so far as it otherwise provides, to all land, but which may make different provision with respect to different descriptions of land, or
(b) as a special order applicable only to such land or descriptions of land as may be specified in the order.
(3) In respect of development for which planning permission is not granted by a development order, regulations or an order may provide for the granting of planning permission by the planning authority (or, where this Part so provides, by the Secretary of State) on an application made to the planning authority in accordance with the regulations or the order.
(1) Planning permission granted by a development order may be granted either unconditionally or subject to such conditions or limitations as may be specified in the order.
(2) Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for the erection, extension or alteration of any buildings, the order may require the approval of the planning authority to be obtained with respect to the design or external appearance of the buildings.
(3) Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for development of a specified class, the order may enable the Secretary of State or the planning authority to direct that the permission shall not apply either—
(a) in relation to development in a particular area, or
(b) in relation to any particular development.
(4) Any provision of a development order by which permission is granted for the use of land for any purpose on a limited number of days in a period specified in that provision shall (without prejudice to the generality of references in this Act to limitations) be taken to be a provision granting permission for the use of land for any purpose subject to the limitation that the land shall not be used for any one purpose in pursuance of that provision on more than that number of days in that period.
(5) For the purpose of enabling development to be carried out in accordance with planning permission, or otherwise for the purpose of promoting proper development in accordance with the development plan, a development order may direct that any enactment passed before 13th August 1947, or any regulations, orders or byelaws made at any time under any such enactment—
(a) shall not apply to any development specified in the order, or
(b) shall apply to it subject to such modifications as may be so specified.
Any application to a planning authority for planning permission—
(a) shall be made in such manner as may be prescribed by regulations or by a development order, and
(b) shall include such particulars and be verified by such evidence as may be required by the regulations or the development order or by directions given by the planning authority under the regulations or order.
(1) On an application made to a planning authority, the planning permission which may be granted includes planning permission for development carried out before the date of the application.
(2) Subsection (1) applies to development carried out—
(a) without planning permission,
(b) in accordance with planning permission granted for a limited period, or
(c) without complying with some condition subject to which planning permission was granted.
(3) Planning permission for such development may be granted so as to have effect from—
(a) the date on which the development was carried out, or
(b) if it was carried out in accordance with planning permission granted for a limited period, the end of that period.
(1) Subject to subsection (2), regulations or a development order may provide, either in relation to applications generally or in relation to applications of a class or classes prescribed in the regulations or order, that—
(a) any such application shall have been notified to such persons or classes of person, and in such manner, as may be so prescribed;
(b) any such application shall have been advertised, either in a local newspaper or on the land to which the application relates, or both, in such a manner and for such a period or on such a number of occasions as may be so prescribed;
(c) any newspaper advertisement required by virtue of paragraph (b) shall be placed by the planning authority to whom the application is made;
(d) the planning authority may recover from the applicant the cost incurred by them in arranging any such advertisement;
(e) any such application shall be accompanied by such certificates as to compliance with the requirements of provisions made under paragraphs (a) and (b) as may be so prescribed;
(f) the applicant shall furnish, at such time and to such persons as may be so prescribed, such information with respect to the application as may be so prescribed;
(g) no such application shall be entertained unless such further conditions as to payment as may be so prescribed have been complied with;
(h) no such application shall be determined until after the expiry of any period which may be so prescribed.
(2) The applications mentioned in subsection (1) are—
(a) applications for planning permission,
(b) applications for an approval required by a development order, and
(c) applications for any consent, agreement or approval required by a condition imposed on a grant of planning permission.
(3) If any person knowingly or recklessly—
(a) issues a notification,
(b) makes advertisement (other than newspaper advertisement), or
(c) supplies a certificate,
which purports to comply with provisions made under subsection (1) but which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence.
(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) A planning authority shall not entertain any application for planning permission unless any requirements imposed by virtue of this section have been satisfied.
(6) Proceedings for an offence under this section may be brought at any time within the period of 2 years following the commission of the offence.
(1) Regulations or a development order shall make provision—
(a) as to the notice of any application for planning permission to be given to any person (other than the applicant) who at the beginning of the period of 21 days ending with the date of the application was—
(i) the owner of, or
(ii) the tenant of any agricultural holding any part of which was comprised in,
any of the land to which the application relates, and
(b) requiring any applicant for such permission to issue a certificate as to the interests in the land to which the application relates or the purpose for which it is used,
and provide for publicising such applications and for the form, content and service of such notices and certificates.
(2) The regulations or order may require an applicant for planning permission to certify, in such form as may be prescribed by the regulations or the order, or to provide evidence, that any requirements of the regulations or the order have been satisfied.
(3) Regulations or an order making any provision by virtue of this section may make different provision for different cases or different classes of development.
(4) A planning authority shall not entertain any application for planning permission unless any requirements imposed by virtue of this section have been satisfied.
(5) If any person—
(a) issues a certificate which purports to comply with any requirement imposed by virtue of this section and contains a statement which he knows to be false or misleading in a material particular, or
(b) recklessly issues a certificate which purports to comply with any such requirement and contains a statement which is false or misleading in a material particular,
he shall be guilty of an offence.
(6) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(7) In this section—
“agricultural holding” has the same meaning as in the [1991 c. 55.] Agricultural Holdings (Scotland) Act 1991; and
“owner” in relation to any land means any person who—
under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking and includes any person entitled to possession of the land as lessee under a lease the unexpired period of which is not less than 7 years, or
in the case of such applications as may be prescribed by regulations or by a development order, is entitled to an interest in any mineral so prescribed,
and the reference to the interests in the land to which an application for planning permission relates includes any interest in any mineral in, on or under the land.
(8) Proceedings for an offence under this section may be brought at any time within the period of 2 years following the commission of the offence.
(1) Every planning authority shall keep, in such manner as may be prescribed by regulations or a development order, a register containing such information as may be so prescribed with respect to—
(a) applications for planning permission and for approval required by the regulations or order made to that authority,
(b) the manner in which such applications have been dealt with, and
(c) simplified planning zone schemes relating to zones in the authority’s area.
(2) The regulations or the order may make provision for the register to be kept in two or more parts, each part containing such information relating to applications mentioned in subsection (1)(a) as may be prescribed by the regulations or order.
(3) The regulations or the order may also make provision—
(a) for a specified part of the register to contain copies of applications and of any plans or drawings submitted with them, and
(b) for the entry relating to any application, and everything relating to it, to be removed from that part of the register when the application (including any appeal arising out of it) has been finally disposed of (without prejudice to the inclusion of any different entry relating to it in another part of the register).
(4) Every register kept under this section shall be available for inspection by the public at all reasonable hours.
(1) Where an application is made to a planning authority for planning permission—
(a) subject to sections 58 and 59, they may grant planning permission, either unconditionally or subject to such conditions as they think fit, or
(b) they may refuse planning permission.
(2) In dealing with such an application the authority shall have regard to the provisions of the development plan, so far as material to the application, and to any other material considerations.
(3) Subsection (1) has effect subject to sections 34 and 35 and to the following provisions of this Act, and to sections 59(1), 60 and 65 of the [1997 c. 9.] Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.
(4) The date of the grant or refusal of—
(a) planning permission,
(b) an approval required by a development order, or
(c) any consent, agreement or approval required by a condition imposed on the grant of planning permission,
shall be the date on which the planning authority’s decision bears to have been signed on behalf of the authority.
(1) In determining any application to which section 34(1) applies, the planning authority shall take into account any representations relating to that application which are received by them before the expiry of any period prescribed under subsection (1)(h) of that section.
(2) Where an application for planning permission is accompanied by such a certificate as is mentioned in section 35(1)(b), regulations or a development order may—
(a) provide that a planning authority shall not determine an application for planning permission before the end of such period as may be prescribed;
(b) require a planning authority—
(i) to take into account in determining such an application such representations, made within such period, as may be prescribed, and
(ii) to give to any person whose representations have been taken into account such notice as may be prescribed of their decision.
(3) Regulations or a development order making any provision by virtue of this section may make different provision for different cases or different classes of development.
(4) Before a planning authority grant planning permission for the use of land as a caravan site they shall, unless they are also the authority with power to issue a site licence for that land, consult the local authority with that power.
(5) In this section “site licence” means a licence under Part 1 of the [1960 c. 62.] Caravan Sites and Control of Development Act 1960 authorising the use of land as a caravan site.
(1) A planning authority may decline to determine an application for planning permission for the development of any land if—
(a) within the period of 2 years ending with the date on which the application is received, the Secretary of State has refused a similar application referred to him under section 46 or has dismissed an appeal against the refusal of a similar application, and
(b) in the opinion of the authority there has been no significant change since the refusal or, as the case may be, dismissal mentioned in paragraph (a) in the development plan, so far as material to the application, or in any other material considerations.
(2) For the purposes of this section an application for planning permission for the development of any land shall be taken to be similar to a later application only if the development and the land to which the applications relate are in the opinion of the planning authority the same or substantially the same.
(3) The reference in subsection (1)(a) to an appeal against the refusal of an application includes an appeal under section 47(2) in respect of an application.
(1) The Secretary of State may by regulations make provision about the consideration to be given, before planning permission for development of any class specified in the regulations is granted, to the likely environmental effects of the proposed development.
(2) The regulations—
(a) may make the same provision as, or provision similar or corresponding to, any provision made, for the purposes of any Community obligation of the United Kingdom about the assessment of the likely effects of development on the environment, under section 2(2) of the [1972 c. 68.] European Communities Act 1972, and
(b) may make different provisions for different classes of development.
(3) Where a draft of regulations made in exercise both of the power conferred by this section and the power conferred by section 2(2) of the European Communities Act 1972 is approved by resolution of each House of Parliament, no statutory instrument containing such regulations shall be subject to annulment by virtue of section 275(3).
(1) Without prejudice to the generality of section 37(1) to (3), conditions may be imposed on the grant of planning permission under that section—
(a) for regulating the development or use of any land under the control of the applicant (whether or not it is land in respect of which the application was made) or requiring the carrying out of works on any such land, so far as appears to the planning authority to be expedient for the purposes of or in connection with the development authorised by the permission;
(b) for requiring the removal of any buildings or works authorised by the permission, or the discontinuance of any use of land so authorised, at the end of a specified period, and the carrying out of any works required for the reinstatement of land at the end of that period.
(2) Conditions may not be imposed by a planning authority under subsection (1)(a) for regulating the development or use of any land within the area of another planning authority except with the consent of that authority.
(3) Subject to paragraph 1(6)(a) of Schedule 3, a planning permission which is granted subject to such a condition as is mentioned in subsection (1)(b) is in this Act referred to as “planning permission granted for a limited period”.
(4) Where—
(a) planning permission is granted for development consisting of or including the carrying out of building or other operations subject to a condition that the operations shall be commenced not later than a time specified in the condition, and
(b) any building or other operations are commenced after the time so specified,
the commencement and carrying out of those operations do not constitute development for which that permission was granted.
(5) Subsection (4)(a) does not apply to a condition attached to the planning permission by or under section 58 or 59.
(6) Part I of Schedule 3 shall have effect for the purpose of making special provision with respect to the conditions which may be imposed on the grant of planning permission for development consisting of the winning and working of minerals.
(1) This section applies, subject to subsection (4), to applications for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.
(2) On such an application the planning authority shall consider only the question of the conditions subject to which planning permission should be granted, and—
(a) if they decide that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it should be granted unconditionally, they shall grant planning permission accordingly;
(b) if they decide that planning permission should be granted subject to the same conditions as those subject to which the previous permission was granted, they shall refuse the application.
(3) Special provision may be made with respect to such applications—
(a) by regulations under section 32 as regards the form and content of the application, and
(b) by a development order as regards the procedure to be followed in connection with the application.
(4) This section does not apply if the previous permission was granted subject to a condition as to the time within which the development to which it related was to be begun, and that time has expired without the development having been begun.
(1) Provision may be made by regulations or a development order for regulating the manner in which applications for planning permission to develop land are to be dealt with by planning authorities, and in particular—
(a) for enabling the Secretary of State to give directions restricting the grant of planning permission by the 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;
(b) for authorising the planning authority, in such cases and subject to such conditions as may be prescribed by the regulations or the order, or by directions given by the Secretary of State under the regulations or the order, to grant planning permission for development which does not accord with the provisions of the development plan;
(c) for requiring the planning authority, before granting or refusing planning permission for any development, to consult such authorities or persons as may be prescribed by the regulations or the order or by directions given by the Secretary of State under the regulations or the order;
(d) for requiring the planning authority to give to any applicant for planning permission, within such time as may be prescribed by the regulations or the order, such notice as may be so prescribed as to the manner in which his application has been dealt with;
(e) for requiring the planning authority to give any applicant for any consent, agreement or approval required by a condition imposed on a grant of planning permission notice of their decision on his application, within such time as may be so prescribed;
(f) for requiring the planning authority to give to the Secretary of State and to such other persons as may be prescribed by or under the regulations or the order, such 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) Paragraphs (d) and (f) of subsection (1) shall apply in relation to applications for an approval required by regulations under this Act or a development order as they apply in relation to applications for planning permission.