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Scottish Statutory Instruments

2008 No. 432

TOWN AND COUNTRY PLANNING

The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008

Made

22nd December 2008

Laid before the Scottish Parliament

23rd December 2008

Coming into force in accordance with regulation 1(2) and (3)

ARRANGEMENT OF REGULATIONS

Go to Preamble

  1. PART 1

    Introductory

    1. 1. Citation and commencement

    2. 2. Application

    3. 3. Interpretation

  2. PART 2

    Pre-application consultation

    1. 4. Pre-application consultation – classes of development

    2. 5. Content of pre-application screening notice

    3. 6. Content of proposal of application notice

    4. 7. Pre-application consultation

  3. PART 3

    Procedure on applications for planning permission

    1. 8. Applications for planning permission

    2. 9. Form and content of an application for planning permission

    3. 10. Application for planning permission in principle

    4. 11. Further applications

    5. 12. Application for approval of matters specified in conditions

    6. 13. Design and access statements

    7. 14. Validation date

    8. 15. Notices to owners and agricultural tenants under section 35 of the Act

  4. PART 4

    Procedure by planning authority

    1. 16. Registers of applications

    2. 17. Acknowledgment of applications

    3. 18. Notification by the planning authority

    4. 19. Notification of minerals applications

    5. 20. Publication of application by the planning authority

    6. 21. List of applications

    7. 22. Publication of list of applications

    8. 23. Provision of information to community councils and within public libraries

    9. 24. Further information

    10. 25. Consultation by the planning authority

    11. 26. Time periods for decision

    12. 27. Pre determination hearings

    13. 28. Decision notice

    14. 29. Schemes of delegation

  5. PART 5

    Directions

    1. 30. Directions as to environmental impact assessment Regulations

    2. 31. Directions requiring information or restricting the grant of planning permission

    3. 32. Directions requiring consideration of condition

    4. 33. Provisions supplementary to regulations 30, 31 and 32

    5. 34. Notice of reference of applications to the Scottish Ministers

  6. PART 6

    Marine fish farming

    1. 35. Application to marine fish farming

  7. PART 7

    Cairngorms National Park

    1. 36. Cairngorms National Park

  8. PART 8

    Notification and display

    1. 37. Notification of initiation of development

    2. 38. Display notices

  9. PART 9

    Certificates of lawful use or development

    1. 39. Application for certificate of lawful use or development

    2. 40. Documentation accompanying applications

    3. 41. Procedure on receipt of application

    4. 42. Revocations of certificate of lawful use or development

  10. PART 10

    General

    1. 43. Electronic communications

    2. 44. Service of notices

  11. PART 11

    Transitional provisions, revocations and savings

    1. 45. Transitional provisions

    2. 46. Applications for approval of reserved matters made on or after 3rd August 2009

    3. 47. Revocations and savings

    1. SCHEDULE 1

      Notices under regulation 15

    2. SCHEDULE 2

      Registers under sections 36(1) to (4)

    3. SCHEDULE 3

      Classes of development – regulations 20(1)(c) and 38(1)(b)

    4. SCHEDULE 4

      Notice for publication in newspaper

    5. SCHEDULE 5

      Consultation by the planning authority

    6. SCHEDULE 6

      Notice to accompany refusal etc.

    7. SCHEDULE 7

      Form of notice to be displayed while development in progress

    8. SCHEDULE 8

      Certificate of lawful use or development

Go to Explanatory Note

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 27A(1), 27C, 30(1) and (3), 32, 34, 35(1), (2), (3) and (7), 35A(1), 35B(4) and (5), 35C(2), 36 (as read with section 152(6)), 36A(1) and (2)(b), 38(2)(b), 38A(1), 43, 59, 152 and 275 of the Town and Country Planning (Scotland) Act 1997(1), and section 2(2) of the European Communities Act 1972(2) and all other powers enabling them to do so.

(1)

1997 c. 8. The functions of the Secretary of State transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46). Sections 27A and 27C were inserted by section 6, sections 35A, 35B and 35C by section 11, section 36A by section 13, section 38A by section 14 and section 59 by section 21 of the Planning etc. (Scotland) Act 2006 (asp 17) (“the 2006 Act”) and sections 32, 34, 36, 43 and 275 were respectively substituted by or amended by sections 7, 10, 12, 17 and 54(16) of the 2006 Act. Back [1]

(2)

1972 c. 68. Section 2(2) was amended by paragraph 15(3) of Schedule 8 to the Scotland Act 1998 (c. 46) (“the 1998 Act”), and section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) (“the 2006 Act”). The powers in section 2(2) of the 1972 Act are exercised as regards regulation 30. The functions conferred upon the Minister of the Crown under section 2(2) of the 1972 Act, so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Back [2]

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