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(1) In section 26 of the principal Act (meaning of “development”)—
(a) at the end of subsection (1) add “, or the operation of a marine fish farm in the circumstances specified in section 26AA”,
(b) after subsection (2) insert—
“(2AA) The Scottish Ministers may in a development order specify any circumstances, or description of circumstances, in which subsection (2) does not apply to operations mentioned in paragraph (a) of that subsection which have the effect of increasing the gross floor space of the building by such amount or percentage as is so specified.
(2AB) The development order may make different provision for different purposes.”,
(c) in subsection (6)—
(i) for the words “inland waters, transitional water or coastal water” substitute “waters which—
(a) are inland waters,
(b) not being inland waters, are landward of the baselines from which the breadth of the territorial sea adjacent to Scotland is measured, or
(c) are seaward of those baselines up to a distance of 12 nautical miles,”,
(ii) for the word “subsection” where it second occurs substitute “section”,
(iii) the definitions of “coastal water” and “transitional water” are repealed, and
(iv) at the end add—
““nautical miles” means international nautical miles of 1,852 metres”,
(d) after that subsection insert—
“(6AA) Where the making of any material change in the use of equipment so placed or assembled for that purpose would not, apart from this subsection, involve development of the land below, this Act shall have effect as if the making of any such material change was development of that land.”, and
(e) after subsection (6B) insert—
“(6C) The Scottish Ministers may by order make such provision as they consider necessary or expedient for the purpose of, or in connection with, the application of this Act to—
(a) any such placing or assembly as is mentioned in subsection (6) in waters described in paragraph (b) or (c) of that subsection; or
(b) any material change in the use of equipment placed or assembled in those waters.
(6D) Any order under subsection (6C) may in particular provide that a planning authority specified in the order is to be the planning authority for the purposes of such an application of this Act despite the placing or assembly being something done, or the material change of use being made, outwith the district of the authority.
(6E) But in the application of subsections (6C) and (6D) to a case where, by virtue of paragraph (a) of section 10(1) of the National Parks (Scotland) Act 2000 (asp 10) the planning authority is a National Park authority, the reference in subsection (6D) to the district of the authority is to be construed as a reference to the National Park.
(6F) And the Scottish Ministers may direct that subsections (6C) and (6D) are to apply to a case where—
(a) by virtue of paragraph (b) of that section 10(1), a National Park authority is to be treated as the planning authority, or
(b) by virtue of paragraph (c) of that section 10(1), a National Park authority is to have certain functions in relation to planning.
(6G) For the purposes of any such application as is provided for in—
(a) paragraph (a) of subsection (6F), the reference in subsection (6D) to the district of the authority is to be construed as mentioned in subsection (6E) and for the words “planning authority specified in the order is to be” in subsection (6D) there is to be substituted “National Park authority specified in the order is to be treated as”,
(b) paragraph (b) of subsection (6F), the reference in subsection (6D) to the district of the authority is to be construed as mentioned in subsection (6E) and for the words “planning authority specified in the order is to be the planning authority” in subsection (6D) there is to be substituted “National Park authority specified in the order is to have functions in relation to planning”.
(6H) Before making an order under subsection (6C), the Scottish Ministers—
(a) must consult—
(i) every planning authority, and
(ii) the Scottish Environment Protection Agency, and
(b) may consult such other persons as they think fit.
(6I) An order under subsection (6C) may (without prejudice to the generality of that subsection)—
(a) modify any enactment, instrument or document,
(b) make such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient,
(c) provide for the delegation of functions,
(d) make different provision for different purposes and different areas.
(6J) For the purposes of the exercise by a National Park authority of any planning functions which it has by virtue of subsections (6C) and (6D) in respect of waters described in paragraph (b) or (c) of subsection (6), any reference in section 9 of the National Parks (Scotland) Act 2000 (asp 10) (general purposes and functions of National Park authority) to the National Park itself is to be construed as including a reference to those waters.”.
(2) A development order under section 26(2AA) of that Act does not affect any operations begun before it is made.
(3) A certificate under section 151 of that Act (certificate of lawfulness of proposed use or development) is of no effect if—
(a) subsection (2) of section 26 of that Act is, by virtue of a development order under subsection (2AA) of that section, disapplied in respect of any operations,
(b) at the date the development order comes into force the certificate is in force in respect of the operations, and
(c) before that date no such operations have been begun.
(4) In section 275 of that Act (regulations and orders)—
(a) in subsection (4), for the words “and (6A)” substitute “, (6A) and (6C), 31A”, and
(b) in subsection (5A), after the words “26(6A)” insert “or (6C)”.
(1) After section 26 of the principal Act insert—
(1) The circumstances to which section 26(1) refers are—
(a) that the marine fish farm is being operated after—
(i) the date which is the appropriate date in respect of that fish farm, or
(ii) if earlier than that date, the date on which planning permission is granted, or an application for planning permission is refused, under section 31A, and
(b) that the operation involves the use of equipment which was placed or assembled in waters at a time when that placing or assembly did not constitute development under this Act.
(2) For the purposes of subsection (1)(a), the appropriate date in respect of a fish farm is whichever is the later of—
(a) a date prescribed by the Scottish Ministers for the purposes of this subsection, and
(b) the date on which any authorisation which—
(i) relates to the operation of that fish farm, and
(ii) is in effect at the date of commencement of section 4 of the Planning etc. (Scotland) Act 2006 (asp 17),
ceases to have effect.
(3) In this section and in section 31A—
“authorisation” means—
a consent for fish farming issued by the Crown Estate Commissioners,
a licence granted under section 11 of the Orkney County Council Act 1974 (c.xxx), or
a licence granted under section 11 of the Zetland County Council Act 1974 (c.viii),
“equipment” has the same meaning as in section 26(6), and
“marine fish farm” means a fish farm situated in any part of any waters referred to in paragraphs (b) and (c) of section 26(6).”.
(2) After section 31 of that Act insert—
(1) This section applies to planning permission for the operation of a marine fish farm which involves the use of such equipment as is referred to in section 26AA(1)(b).
(2) Any planning permission is to be granted by the Scottish Ministers.
(3) Without prejudice to the generality of subsection (2), planning permission may be granted under that subsection as respects a class of development.
(4) Any planning permission granted by virtue of subsection (3) is to be granted by order, the class of development in question being specified in the order.
(5) Planning permission may be granted either unconditionally or subject to conditions or limitations.
(6) The conditions or limitations which may be imposed include conditions or limitations specified in any authorisation which is at the time of imposition in effect in relation to the fish farm.
(7) The principal matters to be taken into account by the Scottish Ministers in coming to a decision as to whether to grant planning permission are the likely impact of the development on—
(a) any European site within the meaning of regulation 10 of the Conservation (Natural Habitats &, c.) Regulations 1994 (S.I. 1994/ 2716), and
(b) the environment generally.
(8) The Scottish Ministers may by regulations make provision—
(a) specifying those cases where an application for planning permission must be made,
(b) as to the form of such an application,
(c) specifying documents and information which require to accompany such an application,
(d) as to consultation in connection with such an application, and
(e) as to any other matters concerning procedure on such an application.”.
After section 26AA of the principal Act (inserted into that Act by section 4 of this Act) insert—
(1) For the purposes of the planning Acts, a development belongs to one of the following categories—
(a) the first (designated under section 3A(4)(b)), to be known as “national developments”,
(b) the second, to be known as “major developments”, and
(c) the third, to be known as “local developments”.
(2) The Scottish Ministers are by regulations to describe classes of development other than national developments and assign each class to one or other of the categories mentioned in paragraphs (b) and (c) of subsection (1).
(3) But the Scottish Ministers may, as respects a particular local development, direct that the development is to be dealt with as if (instead of being a local development) it were a major development.
(4) Different provision may be made under subsection (2) for different areas.
(5) Regulations under subsection (2) are not made unless a draft of the instrument containing the regulations has been laid before, and approved by resolution of, the Scottish Parliament.”.
(1) After section 27 of the principal Act insert—
(1) A person who intends to carry out development for which planning permission has been given must, as soon as practicable after deciding on a date on which to initiate the development and in any event before commencing the development, give notice to the planning authority as to that date and as to such further matters as the Scottish Ministers may prescribe.
(2) In granting planning permission for the carrying out of any development of land, a planning authority are by notice to direct the attention of the applicant to the requirements of subsection (1), setting out the terms of subsection (1) and of section 123(1) in that notice.
(1) A person who completes development for which planning permission has been given must, as soon as practicable after doing so, give notice of completion to the planning authority.
(2) If an application to a planning authority for planning permission discloses, in the opinion of the authority, that the development in question is to be carried out in phases then any such permission granted is to be granted subject to a condition, imposed under section 37(1)(a) in respect of each phase except the last (notice of the completion of which is to be given under subsection (1)), that as soon as practicable after the phase is completed the person carrying out the development is to give notice of that completion to the planning authority.
(1) A person carrying out development of a prescribed class must until the development is completed display a notice containing prescribed information.
(2) The Scottish Ministers may by regulations make provision as to—
(a) the form of the notice required by subsection (1), and
(b) where such a notice is to be displayed.”.
(2) In section 123(1) of that Act (expressions used in connection with enforcement), after paragraph (b) insert “or
(c) initiating development without giving notice in accordance with section 27A(1) of this Act, or
(d) carrying out development without displaying a notice in accordance with section 27C(1) of this Act,”.
(1) For section 32 of the principal Act (form and content of applications for planning permission) substitute—
(1) Regulations or a development order may make provision as to applications for planning permission made to a planning authority or the Scottish Ministers.
(2) Provision referred to in subsection (1) includes provision as to—
(a) the form and manner in which an application must be made,
(b) particulars of such matters as are to be included in the application,
(c) any documents or other materials which are to accompany the application,
(d) evidence to be provided in support of anything in, or relating to, the application.
(3) The regulations or development order must—
(a) require that an application for planning permission of such description as is specified in the regulations or order is to be accompanied by a statement (either or both and if both then either in one document or in two)—
(i) about the design principles and concepts applied to the development,
(ii) about how issues relating to access for the disabled to the development have been dealt with,
(b) include provision as to the form and content of any such statement as is mentioned in paragraph (a), and
(c) require that an application in respect of which compliance with section 35B is required is to be accompanied by a pre-application consultation report prepared in accordance with section 35C.
(4) Different provision may be made under this section—
(a) for different cases or classes of case,
(b) for different areas, and
(c) according to whether a development is a national development, a major development or a local development.”.
(2) In section 182 of that Act (regulations controlling display of advertisements), after subsection (2) insert—
“(2A) The regulations may also make provision as to—
(a) the form and manner in which an application for consent must be made,
(b) particulars of such matters as are to be included in the application,
(c) any documents or other materials which are to accompany the application.”.
(3) In section 9 of the listed buildings Act (making of applications for listed building consent)—
(a) in subsection (2), the words “shall be made in such form as the planning authority may require and” are repealed,
(b) in subsection (3), for paragraph (a) there is substituted—
“(a) the form and manner in which such applications must be made,
(aa) particulars of such matters as are to be included in such applications,
(ab) any documents or other materials which are to accompany such applications,”, and
(c) after subsection (3) insert—
“(4) The regulations must require that an application for listed building consent of such description as is prescribed must be accompanied by a statement about how issues relating to access for the disabled to the building have been dealt with.
(5) The form and content of such a statement are to be such as is prescribed.”.
After section 32 of the principal Act insert—
(1) An application for planning permission (other than an application referred to the Scottish Ministers under section 46 instead of being dealt with by the planning authority) may, with the agreement of the planning authority, be varied after it is made.
(2) And if the planning authority consider the variation to be such that there is a substantial change in the description of the development for which planning permission is sought, they are not to agree to the variation.
(3) Without prejudice to the generality of subsection (1), regulations or a development order may make provision as to the period within which, the circumstances in which and the procedures in accordance with which an application may be varied; but in any event an application is not to be varied after there is an appeal as respects it under section 47.
(4) The planning authority may, when an application is varied under this section, give such notice of the variation as they consider appropriate.
(5) In the case of an application for planning permission made to the Scottish Ministers, this section has effect as if any reference to the “planning authority” (other than the first such reference in subsection (1)) were a reference to the Scottish Ministers.
(1) An application for planning permission referred to the Scottish Ministers under section 46 instead of being dealt with by the planning authority may, with the agreement of the Scottish Ministers, be varied after it is made.
(2) And if the Scottish Ministers consider the variation to be such that there is a substantial change in the description of the development for which planning permission is sought, they are not to agree to the variation.
(3) Without prejudice to the generality of subsection (1), regulations or a development order may make provision as to the period within which, the circumstances in which and the procedures in accordance with which an application may be varied.
(4) The Scottish Ministers may, when an application is varied under this section, give such notice of the variation as they consider appropriate.”.
(1) After section 33 of the principal Act insert—
Where there is a breach of planning control the planning authority may issue a notice—
(a) requiring the owner of the land in, on, over or under which the development has been carried out to make an application to them for planning permission for the development,
(b) describing the development in a way that is sufficient to identify it,
(c) specifying a date by which the application is to be made, and
(d) setting out the terms of section 123(1).”.
(2) In section 123(2) of that Act (expressions used in connection with enforcement), at the end add “as does the issuing of a notice under section 33A”.
(3) In section 147(1) of that Act (register of enforcement, breach of condition and stop notices), for the words “and stop notices” substitute “, notices under section 33A, stop notices and temporary stop notices”.
(4) The title of section 147 becomes “Enforcement etc.: register of notices”.
(1) For section 34 of the principal Act substitute—
(1) A planning authority are to give notice—
(a) to such persons or categories of person,
(b) in such manner,
(c) for such period, and
(d) on such number of occasions,
as may be prescribed in regulations or in a development order, of such applications mentioned in subsection (2) as are made to the authority.
(2) The applications are—
(a) for planning permission,
(b) for an approval required by a development order,
(c) for a consent, agreement or approval required by a condition imposed on a grant of planning permission, and
(d) for agreement under section 75A(2).
(3) The regulations or development order may—
(a) make provision in relation to the applications generally or in relation to such of those applications as are of a class or classes prescribed in the regulations or order,
(b) make different provision for different classes so prescribed.
(4) No such application is to be determined until after—
(a) the expiry of a period which is to be so prescribed,
(b) any requirement imposed by virtue of this section has been satisfied, and
(c) any sum recoverable from the applicant in respect of costs incurred by the planning authority in giving notice under subsection (1) has been paid to the authority.
(5) For the purposes of this section an applicant is to provide—
(a) to such person or persons,
(b) such information with respect to the application,
as may be so prescribed.
(6) A planning authority are to provide the Scottish Ministers with such information relating to the exercise by the authority of functions under this section (whether in relation to applications generally or in relation to a particular application or class of application) as the Scottish Ministers may request from them.”.
(2) In section 38(1) of that Act (consultation in connection with determination of applications)—
(a) for the words “to which section 34(1) applies” substitute “mentioned in section 34(2)”, and
(b) for the words “(1)(h)” substitute “(4)(a)”.
After section 35 of the principal Act insert—
(1) Before submitting an application for planning permission for a development of a class prescribed under this section the prospective applicant is, subject to the following provisions of this section, to comply with section 35B.
(2) The regulations in question may, in prescribing classes of development, make different provision for different cases or classes of case and for different areas.
(3) A prospective applicant for planning permission for a development may, by notice, require the planning authority to state whether or not, in their opinion, the development is of a class prescribed under subsection (1).
(4) But the regulations may, in prescribing a class of development, provide that subsections (3) and (5) to (9) are not to apply—
(a) as respects that class, or
(b) as respects that class in circumstances specified in the regulations.
(5) Any notice under subsection (3) is to be in such form as may be prescribed in the regulations but must in any event contain the information mentioned in paragraphs (a) to (d) of section 35B(4).
(6) A planning authority receiving such a notice may, if they do not consider that it contains sufficient information to enable them to provide the statement sought, request the prospective applicant to provide additional information specified by them.
(7) Where such a notice is given it is the duty of the planning authority to provide the requisite statement within the period of 21 days after it is given (or within such other period as may be substituted for that period by the regulations).
(8) The period of 21 days mentioned in subsection (7) (or any other period substituted for that period) does not include any period between a request for information being made under subsection (6) and that information being provided to the planning authority
(9) If the authority respond by stating that in their opinion the development is not of a class prescribed under subsection (1), then provided that the application for planning permission for the development in question is submitted within 12 months after the notice was given and does not differ materially from the information regarding it contained in the notice and mentioned in paragraphs (a) to (c) of section 35B(4) the prospective applicant need not comply with section 35B.
(10) In the case of an application for planning permission made to the Scottish Ministers, this section has effect as if any reference to the “planning authority” or “the authority” were a reference to the Scottish Ministers.
(1) The following subsections apply where compliance with this section is required by virtue of section 35A(1).
(2) The prospective applicant is to give notice (to be known as a “proposal of application notice”) to the planning authority that an application for planning permission for the development is to be submitted.
(3) A period of at least 12 weeks must elapse between giving the notice and submitting any such application.
Planning etc (Scotland) Act 2006