PART III continued
Notwithstanding any other provision of this Part, a planning authority may, at the request of the grantee or a person acting with his consent, vary any planning permission granted by them, if it appears to them that the variation sought is not material.
(1) If it appears to the planning authority that it is expedient to revoke or modify any permission to develop land granted on an application made under this Part, the authority may by order revoke or modify the permission to such extent as they consider expedient.
(2) In exercising their functions under subsection (1) the authority shall have regard to the development plan and to any other material considerations.
(3) The power conferred by this section may be exercised—
(a) where the permission relates to the carrying out of building or other operations, at any time before those operations have been completed;
(b) where the permission relates to a change of the use of any land, at any time before the change has taken place.
(4) The revocation or modification of permission for the carrying out of building or other operations shall not affect so much of those operations as has previously been carried out.
(5) Part II of Schedule 3 shall have effect for the purpose of making special provision with respect to the conditions which may be imposed by an order under this section revoking or modifying permission for development consisting of the winning and working of minerals or involving the depositing of refuse or waste materials.
(1) Except as provided in section 67, an order under section 65 shall not take effect unless it is confirmed by the Secretary of State.
(2) Where a planning authority submit such an order to the Secretary of State for confirmation, they shall serve notice on—
(a) the owner of the land affected,
(b) the lessee and the occupier of the land affected, and
(c) any other person who in their opinion will be affected by the order.
(3) The notice shall specify the period within which any person on whom it is served may require the Secretary of State to give him an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
(4) If within that period such a person so requires, the Secretary of State shall, before he confirms the order, give such an opportunity both to that person and to the planning authority.
(5) The period referred to in subsection (3) must not be less than 28 days from the service of the notice.
(6) The Secretary of State may confirm an order submitted to him under this section without modification or subject to such modifications as he considers expedient.
(1) This section applies where—
(a) the planning authority have made an order under section 65, and
(b) the owner, the lessee and the occupier of the land and all persons who in the authority’s opinion will be affected by the order have notified the authority in writing that they do not object to it.
(2) Where this section applies, instead of submitting the order to the Secretary of State for confirmation the authority shall advertise in the prescribed manner the fact that the order has been made, and the advertisement must specify—
(a) subject to subsection (4), the period within which persons affected by the order may give notice to the Secretary of State that they wish to have an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose, and
(b) subject to subsection (5), the period at the expiration of which, if no such notice is given to the Secretary of State, the order may take effect by virtue of this section without being confirmed by the Secretary of State.
(3) The authority shall also serve notice to the same effect on the persons mentioned in subsection (1)(b).
(4) The period referred to in subsection (2)(a) must not be less than 28 days from the date the advertisement first appears.
(5) The period referred to in subsection (2)(b) must not be less than 14 days from the expiration of the period referred to in subsection (2)(a).
(6) The authority shall send a copy of any advertisement published under subsection (2) to the Secretary of State not more than 3 days after the publication.
(7) If—
(a) no person claiming to be affected by the order has given notice to the Secretary of State under subsection (2)(a) within the period referred to in that subsection, and
(b) the Secretary of State has not directed within that period that the order be submitted to him for confirmation,
the order shall take effect at the expiry of the period referred to in subsection (2)(b), without being confirmed by the Secretary of State as required by section 66(1).
(8) This section does not apply to—
(a) an order revoking or modifying a planning permission granted or deemed to have been granted by the Secretary of State under this Part or Part VI, or
(b) an order modifying any conditions to which a planning permission is subject by virtue of section 58 or 59.
(1) If it appears to the Secretary of State that it is expedient that an order should be made under section 65, he may himself make such an order.
(2) Such an order made by the Secretary of State shall have the same effect as if it had been made by the planning authority and confirmed by the Secretary of State.
(3) The Secretary of State shall not make such an order without consulting the planning authority.
(4) Where the Secretary of State proposes to make such an order he shall serve notice on the planning authority.
(5) The notice shall specify the period (which must not be less than 28 days from the date of its service) within which the authority may require an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
(6) If within that period the authority so require, the Secretary of State shall, before making the order, give the authority such an opportunity.
(7) The provisions of this Part and of any regulations made under this Act with respect to the procedure to be followed in connection with the submission by the planning authority of any order under section 65, its confirmation by the Secretary of State and the service of copies of it as confirmed shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order by virtue of subsection (1), its making by him and the service of copies of it.
(8) Part II of Schedule 3 shall have effect in relation to orders made by the Secretary of State by virtue of subsection (1) as it has effect in relation to orders made by the planning authority under section 65.
(1) The Secretary of State may constitute a Planning Inquiry Commission to inquire into and report on any matter referred to them under subsection (2) in the circumstances mentioned in subsection (3).
(2) The matters that may be referred to a Planning Inquiry Commission are—
(a) an application for planning permission which the Secretary of State has under section 46 directed to be referred to him instead of being dealt with by a planning authority;
(b) an appeal under section 47 (including that section as applied by or under any other provision of this Act);
(c) a proposal that a government department should give a direction under section 57(1) that planning permission shall be deemed to be granted for development by a local authority or by statutory undertakers which is required by any enactment to be authorised by that department;
(d) a proposal that development should be carried out by or on behalf of a government department.
(3) Any of those matters may be referred to a Planning Inquiry Commission under this section if it appears expedient to the responsible Minister or Ministers that the question whether the proposed development should be permitted to be carried out should be the subject of a special inquiry on either or both of the following grounds—
(a) that there are considerations of national or regional importance which are relevant to the determination of that question and require evaluation, but a proper evaluation of them cannot be made unless there is a special inquiry for the purpose;
(b) that the technical or scientific aspects of the proposed development are of so unfamiliar a character as to jeopardise a proper determination of that question unless there is a special inquiry for the purpose.
(4) Schedule 6, which contains further provisions as to Planning Inquiry Commissions, and as to the meaning of “the responsible Minister or Ministers” in subsection (3) and in that Schedule, shall have effect.
(1) The Ministers may constitute a Joint Planning Inquiry Commission to inquire into and report on any matter referred to them under subsection (2).
(2) The matters that may be referred to a Joint Planning Inquiry Commission are the matters which may, under section 101 of the [1990 c. 8.] Town and Country Planning Act 1990 or section 69 of this Act, be referred to a Planning Inquiry Commission but which appear to the Ministers to involve considerations affecting both Scotland and England.
(3) In subsections (1) and (2) “the Ministers” means the Secretaries of State for the time being having general responsibility in planning matters in relation to Scotland and in relation to England acting jointly.
(4) Schedule 7, which contains further provisions as to Joint Planning Inquiry Commissions, shall have effect.
(1) If, having regard to the development plan and to any other material considerations, it appears to a planning authority that it is expedient in the interests of the proper planning of their area (including the interests of amenity)—
(a) that any use of land should be discontinued or that any conditions should be imposed on the continuance of a use of land, or
(b) that any buildings or works should be altered or removed,
they may by order—
(i) require the discontinuance of that use, or
(ii) impose such conditions as may be specified in the order on the continuance of it, or
(iii) require such steps as may be so specified to be taken for the alteration or removal of the buildings or works,
as the case may be.
(2) An order under this section may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be specified in the order.
(3) Section 65 shall apply in relation to any planning permission granted by an order under this section as it applies in relation to planning permission granted by the planning authority on an application made under this Part.
(4) The planning permission which may be granted by an order under this section includes planning permission, subject to such conditions as may be specified in the order, for development carried out before the date on which the order was submitted to the Secretary of State under this section.
(5) 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.
(6) Where the requirements of an order under this section will involve the displacement of persons residing in any premises, it shall be the duty of the planning authority, in so far as there is no other residential accommodation suitable to the reasonable requirements of those persons available on reasonable terms, to secure the provision of such accommodation in advance of the displacement.
(7) In the case of planning permission granted by an order under this section, the authority referred to in sections 58(1)(b) and 59(5) is the planning authority making the order.
(8) The previous provisions of this section do not apply to the use of any land for development consisting of the winning or working of minerals or involving the deposit of refuse or waste materials except as provided in Schedule 8, and in that Schedule—
(a) Part I shall have effect for the purpose of making provision as respects land which is or has been so used, and
(b) Part II shall have effect as respects the registration of old mining provisions.
(1) An order under section 71 shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient.
(2) Where a planning authority submit an order to the Secretary of State for his confirmation under this section, they shall serve notice—
(a) on the owner of the land affected,
(b) on the lessee and the occupier of that land, and
(c) on any other person who in their opinion will be affected by the order.
(3) The notice shall specify the period (which must not be less than 28 days from the date of its service) within which any person on whom it is served may require the Secretary of State to give him an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
(4) If within that period such a person so requires, the Secretary of State shall, before confirming the order, give such an opportunity both to that person and to the planning authority.
(5) Where an order under section 71 has been confirmed by the Secretary of State, the planning authority shall serve a copy of the order on the owner, the lessee and occupier of the land to which the order relates.
(1) If it appears to the Secretary of State that it is expedient that an order should be made under section 71, he may himself make such an order.
(2) Such an order made by the Secretary of State shall have the same effect as if it had been made by the planning authority and confirmed by the Secretary of State.
(3) The Secretary of State shall not make such an order without consulting the planning authority.
(4) Where the Secretary of State proposes to make such an order he shall serve notice on the planning authority.
(5) The notice shall specify the period (which must not be less than 28 days from the date of its service) within which the authority may require the Secretary of State to give them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
(6) If within that period the authority so require, the Secretary of State shall, before making the order, give the authority such an opportunity.
(7) The provisions of this Part and of any regulations made under this Act with respect to the procedure to be followed in connection with the submission by the planning authority of any order under section 71, its confirmation by the Secretary of State and the service of copies of it as confirmed shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order by virtue of subsection (1), its making by him and the service of copies of it.
(1) Schedule 9 (which makes provision as respects the review of old mineral planning permissions) and Schedule 10 (which makes provision as respects the periodic review of mineral planning permissions) shall have effect.
(2) Without prejudice to the generality of sections 30 and 31, a development order may make, in relation to any planning permission which is granted by a development order for minerals development, provision similar to any provision made by Schedule 9 or 10.
(3) In this section and those Schedules “minerals development” means development consisting of the winning and working of minerals, or involving the depositing of mineral waste.
(1) A planning authority may enter into an agreement with any person interested in land in their district (in so far as the interest of that person enables him to bind the land) for the purpose of restricting or regulating the development or use of the land, either permanently or during such period as may be prescribed by the agreement.
(2) Any such agreement may contain such incidental and consequential provisions (including financial ones) as appear to the planning authority to be necessary or expedient for the purposes of the agreement.
(3) An agreement made under this section with any person interested in land may, if the agreement has been recorded in the appropriate Register of Sasines or, as the case may be, registered in the Land Register of Scotland, be enforceable at the instance of the planning authority against persons deriving title to the land from the person with whom the agreement was entered into.
(4) No such agreement shall at any time be enforceable against a third party who has in good faith and for value acquired right (whether completed by infeftment or not) to the land prior to the agreement being recorded or registered or against any person deriving title from such third party.
(5) Nothing in this section or in any agreement made under it shall be construed—
(a) as restricting the exercise, in relation to land which is the subject of any such agreement, of any powers exercisable by any Minister or authority under this Act so long as those powers are exercised in accordance with the provisions of the development plan, or in accordance with any directions which may have been given by the Secretary of State as to the provisions to be included in such a plan, or
(b) as requiring the exercise of any such powers otherwise than as mentioned in paragraph (a).