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Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)
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Changes over time for: Section 39
Version Superseded: 27/05/1997
Alternative versions:
- 01/02/1991- Amendment
- 25/09/1991- Amendment
- 25/09/1991
Point in time - Stop date 27/05/1997- Amendment
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Point in time view as at 25/09/1991. This version of this provision has been superseded.
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There are currently no known outstanding effects for the Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997), Section 39.
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39 Outline planning permission.S
(1)In this section and section 38 of this Act “outline planning permission” means planning permission granted, in accordance with the provisions of [F1regulations under this Act or]a development order, with the reservation for subsequent approval by the. . . F2 planning authority or the Secretary of State of matters (referred to in this section as “reserved matters”) not particularised in the application.
(2)Subject to the provisions of this section, where outline planning permission is granted for development consisting in or including the carrying out of building or other operations, it shall be granted subject to conditions to the following effect—
(a)that, in the case of any reserved matter, application for approval must be made [F3before—
(i)the expiration of 3 years from the date of the grant of outline planning permission; or
(ii)the expiration of 6 months from the date on which an earlier application for such approval was refused; or
(iii)the expiration of 6 months from the date on which an appeal against such refusal was dismissed, whichever is the latest:
Provided that only one such application may be made in the case after the expiration of the 3 year period mentioned in sub-paragraph (i) above]; and
(b)that the development to which the permission relates must be begun not later than whichever is the later of the following dates—
(i)the expiration of five years from the date of the grant of outline planning permission; or
(ii)the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.
(3)If outline planning permission is granted without the conditions required by subsection (2) of this section, it shall be deemed to have been granted subject to those conditions.
(4)The authority concerned with the terms of an outline planning permission may, in applying subsection (2) of this section, substitute, or direct that there be substituted, for the periods of three years, five years or two years referred to in that subsection such other periods respectively (whether longer or shorter) as they consider appropriate.
(5)The said authority may, in applying the said subsection, specify, or direct that there be specified, separate periods under paragraph (a) of the subsection in relation to separate parts of the development to which the planning permission relates; and, if they do so, the condition required by paragraph (b) of the subsection shall then be framed correspondingly by reference to those parts, instead of by reference to the development as a whole.
(6)In considering whether to exercise their powers under subsections (4) and (5) of this section, the said authority shall have regard to the provisions of the development plan and to any other material considerations.
Textual Amendments
F1Words in s. 39 inserted (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13, para.14 (with s. 84(5)); S.I. 1991/2092, art.3
F2Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)
F3Words substituted by Local Government and Planning (Scotland) Act 1982 (c.43), Sch. 2 para. 13
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