Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

Part IS

1—3. F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Part IIS Development Plans

Survey and structure planS

4 Survey of planning districts. S

(1)It shall be the duty of the . . . F2 planning authority to institute a survey of their district, in so far as they have not already done so, examining the matters which may be expected to affect the development of that district or the planning of its development and in any event to keep all such matters under review.

(2)Notwithstanding that the . . . F2 planning authority have carried out their duty under subsection (1) of this section, the authority may, if they think fit, . . . F3 institute a fresh survey of their district examining the matters mentioned in that subsection.

(3)Without prejudice to the generality of the preceding provisions of this section, the matters to be examined and kept under review thereunder shall include the following, that is to say—

(a)the principal physical and economic characteristics of the district of the authority (including the principal purposes for which land is used) and, so far as they may be expected to affect that district, of any neighbouring districts;

(b)the size, composition and distribution of the population of that district (whether resident or otherwise);

(c)without prejudice to paragraph (a) of this subsection, the communications, transport system and traffic of that district and, so far as they may be expected to affect that district, of any neighbouring districts;

(d)any considerations not mentioned in any of the preceding paragraphs which may be expected to affect any matters so mentioned;

(e)such other matters as may be prescribed . . . F3;

(f)any changes already projected in any of the matters mentioned in any of the preceding paragraphs and the effect which those changes are likely to have on the development of that district or the planning of such development.

(4)A . . . F2 planning authority shall, for the purpose of discharging their functions under this section of examining and keeping under review any matters relating to the district of another such authority, consult with that other authority about those matters.

(5)Subsection (1) of this section shall, as respects any period during which this section is in operation in part only of the district of a . . . F2 planning authority, be construed as requiring a . . . F2 planning authority to institute a survey of that part of that district and to keep under review matters affecting only that part of that district; and subsection (2) of this section shall, whether or not this section is in operation in the whole of such a district, have effect as if the power thereby conferred included power for a . . . F2 planning authority to institute . . . F3 a fresh survey of part only of their district; and references in subsection (3) of this section to the district of a . . . F2 planning authority or any neighbouring districts shall be construed accordingly.

5 Preparation of structure plans.S

(1)The . . . F5 planning authority shall, within such period from the commencement of this section within their district as the Secretary of State may direct, prepare and send the Secretary of State a report of their survey under section 4 of this Act and at the same time prepare and submit to him for his approval a structure plan for their district complying with the provisions of subsection (3) of this section.

(2)The said report shall include an estimate of any changes likely to occur [F6, during such period as the planning authority consider appropriate, in the matters mentioned in section 4(3) of this Act.]

(3)The structure plan for any district shall be a written statement—

(a)formulating the . . . F5 planning authority’s policy and general proposals in respect of the development and other use of land in that district (including measures for the improvement of the physical environment and the management of traffic);

(b)stating the relationship of those proposals to general proposals for the development and other use of land in neighbouring districts which may be expected to affect that district; and

(c)containing such other matters as may be prescribed . . . F7.

(4)In formulating their policy and general proposals under subsection (3)(a) of this section, the . . . F5 planning authority shall secure that the policy and proposals are justified by the results of their survey under section 4 of this Act and by any other information which they may obtain and shall have regard—

(a)to current policies with respect to the economic planning and development of the region as a whole;

(b)to the resources likely to be available for the carrying out of the proposals of the structure plan . . . F8

(c) . . . F8

(5)A . . . F5 planning authority’s general proposals under this section with respect to land in their district shall indicate any part of that district (in this Act referred to as an “action area”) which they have selected for the commencement during a prescribed period of comprehensive treatment, in accordance with a local plan prepared for the selected area as a whole, by development, redevelopment or improvement of the whole or part of the area selected, or partly by one and partly by another method, and the nature of the treatment selected.

(6)A structure plan for any district shall contain or be accompanied by such diagrams, illustrations and descriptive matter as the . . . F5 planning authority think appropriate for the purpose of explaining or illustrating the proposals in the plan, or as may be prescribed . . . F7; and any such diagrams, illustrations and descriptive matter shall be treated as forming part of the plan.

(7)At any time before the Secretary of State has under section 7 of this Act approved a structure plan with respect to the whole of the district of a . . . F5 planning authority, the authority may with his consent, and shall, if so directed by him, prepare and submit to him for his approval a structure plan relating to part of that district; and where the Secretary of State has given a consent or direction for the preparation of a structure plan for part of such a district, references in this Part of this Act to such a district shall, in relation to a structure plan, be construed as including references to part of that district.

6 Publicity in connection with preparation of structure plans.S

(1)When preparing a structure plan for their district and before finally determining its content for submission to the Secretary of State, the . . . F9 planning authority shall take such steps as will in their opinion secure—

(a)that adequate publicity is given in their district to the report of the survey under section 4 of this Act and to the matters which they propose to include in the plan;

(b)that persons who may be expected to desire an opportunity of making representations to the authority with respect to those matters are made aware that they are entitled to an opportunity of doing so; and

(c)that such persons are given an adequate opportunity of making such representations;

and the authority shall consider any representations made to them within the prescribed period.

(2)Not later than the submission of a structure plan to the Secretary of State, the . . . F9 planning authority shall make copies of the plan as submitted to the Secretary of State available for inspection at their office and at such other places as may be prescribed; and each copy shall be accompanied by a statement of the time within which objections to the plan may be made to the Secretary of State.

(3)A structure plan submitted by the . . . F9 planning authority to the Secretary of State for his approval shall be accompanied by a statement containing such particulars, if any, as may be prescribed—

(a)of the steps which the authority have taken to comply with subsection (1) of this section; and

(b)of the authority’s consultations with, and consideration of the views of, other persons with respect to those matters.

(4)If after considering the statement submitted with, and the matters included in, the structure plan and any other information provided by the . . . F9 planning authority, the Secretary of State is satisfied that the purposes of paragraphs (a) to (c) of subsection (1) of this section have been adequately achieved by the steps taken by the authority in compliance with that subsection, he shall proceed to consider whether to approve the structure plan; and if he is not so satisfied, he shall return the plan to the authority and direct them—

(a)to take such further action as he may specify in order better to achieve those purposes; and

(b)after doing so, to resubmit the plan with such modifications, if any, as they then consider appropriate and, if so required by the direction, to do so within a specified period.

(5)Where the Secretary of State returns the structure plan to the . . . F9 planning authority under subsection (4) of this section, he shall inform the authority of his reasons for doing so and, if any person has made to him an objection to the plan, shall also inform that person that he has returned the plan.

(6)A . . . F9 planning authority who are given directions by the Secretary of State under subsection (4) of this section shall forthwith withdraw the copies of the plan made available for inspection as required by subsection (2) of this section.

(7)Subsections (2) to (6) of this section shall apply, with the necessary modifications, in relation to a structure plan resubmitted to the Secretary of State in accordance with directions given by him under subsection (4) as they apply in relation to the plan as originally submitted.

7 Approval or rejection of structure plan by Secretary of State.S

(1)The Secretary of State may, after considering a structure plan submitted (or resubmitted) to him, either approve it (in whole or in part and with or without modifications or reservations) or reject it.

(2)In considering any such plan the Secretary of State may take into account any matters which he thinks are relevant, whether or not they were taken into account in the plan as submitted to him.

[F11(3)Where on taking any such plan into consideration the Secretary of State does not determine then to reject it, he shall, before determining whether or not to approve it—

(a)consider any objections to the plan, so far as they are made in accordance with regulations under this Part of this Act, and

[F12(b)if, but only if, it appears to him that an examination in public should be held of any matter affecting his consideration of the plan, cause a person or persons, appointed by him for the purpose, to hold such an examination.]

(4)The Secretary of State may make regulations with respect to the procedure to be followed at any examination under subsection (3) of this section.

(5)The Secretary of State shall not be required to secure to any planning authority or other person a right to be heard at any examination under the said subsection (3), and the bodies and persons who may take part therein shall be such only as he may, whether before or during the course of the examination, in his discretion invite to do so:

(6)An examination under subsection (3)(b) of this section shall constitute a statutory inquiry for the purposes of section 1(1)(c) of the M2Tribunals and Inquiries Act 1971, but shall not constitute such an inquiry for any other purpose of that Act.

(7)On considering a structure plan the Secretary of State may consult with, or consider the views of, any planning authority or other person, but shall not be under any obligation to do so.

(8)On exercising his powers under subsection (1) of this section in relation to any structure plan, the Secretary of State shall give such statement as he considers appropriate of the reasons governing his decision.]

8 Alteration of structure plans.S

(1)At any time after the approval of a structure plan for their district a . . . F13 planning authority may submit to the Secretary of State and shall, if so directed by the Secretary of State, submit to him within a period specified in the direction, proposals for such alterations to that plan [F14(which may include proposals for repeal and replacement)] as appear to them to be expedient or as the Secretary of State may direct, as the case may be, and any such proposals may relate to the whole or to part of that district [F15and may provide for the repeal of two or more structure plans and their replacement with one structure plan.]

(2)The . . . F13 planning authority shall send with the proposals submitted by them under this section a report of the results of their review of the relevant matters under section 4 of this Act together with any other information on which the proposals are based, and sections 6 [F16(2)] and 7 of this Act shall apply, with any necessary modifications, in relation to the proposals as they apply in relation to a structure plan.

[F17(3)Before a planning authority submit proposals under this section they shall give such publicity (if any) to, and undertake such consultation (if any) about, the said proposals as they think fit, and shall consider any representations timeously made to them about such proposals.

(4)The planning authority shall send with any proposals submitted by them under this section a statement of the steps they have taken to comply with subsection (3) above and, if they have not publicised or have not consulted under that subsection, the statement shall explain the absence of such publicity or as the case may be consultation.

(5)If the Secretary of State is not satisfied with the steps taken by the planning authority to comply with subsection (3) above, or as the case may be if he is not satisfied with the terms of any explanation provided by them under subsection (4) above, he may return the proposals to the authority, and may direct them—

(a)to take such steps or further steps as he may specify; and

(b)after they have done so, to resubmit the proposals with such modification, if any, as they consider appropriate.

(6)Where, under subsection (5) above, the Secretary of State returns proposals, he shall inform the authority of his reasons for doing so and, if any person has made to him an objection to the proposals, shall also inform that person that he has returned the proposals.

(7)A planning authority who are given directions under subsection (5) of this section shall forthwith withdraw the copies which have, under section 6(2) of this Act (as applied by subsection (2) above) been made available for inspection.

(8)The said section 6(2) and subsections (3) to (7) above shall apply, in relation to proposals resubmitted in accordance with directions given under subsection (5) above, as they apply in relation to proposals submitted under subsection (1) above.]

Local plansS

9 Preparation of local plans.S

(1)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

(3)A local plan shall consist of a map and a written statement and shall—

(a)formulate in such detail as the authority think appropriate the authority’s proposals for the development and other use of land in that part of their district or for any description of development or other use of such land (including in either case such measures as the authority think fit for the improvement of the physical environment and the management of traffic); and

(b)contain such matters as may be prescribed . . . F19.

(4)Different local plans may be prepared for different purposes for the same part of any district.

[F20(4A)It shall be the duty of the planning authority—

(a)for the purpose of preparing a local plan, to institute a survey of their district or any part thereof, in so far as they have not already done so, taking into account the matters which the authority think necessary for the formulation of their proposals, and

(b)to keep those matters under review during and after the preparation of the local plan.]

(5)A local plan shall contain, or be accompanied by, such diagrams, illustrations and descriptive matter as the . . . F21 planning authority think appropriate for the purpose of explaining or illustrating the proposals in the plan, or as may be prescribed . . . F19; and any such diagrams, illustrations and descriptive matter shall be treated as forming part of the plan.

(6)Where an area is indicated as an action area in a structure plan which has been approved by the Secretary of State, the . . . F21 planning authority shall (if they have not already done so), as soon as practicable after the approval of the plan, prepare a local plan for that area.

(7)Without prejudice to the preceding provisions of this section, the . . . F21 planning authority shall, if the Secretary of State gives them a direction in that behalf with respect to a part of a district for which a structure plan has been, or is in course of being, prepared as soon as practicable prepare for that part a local plan of such nature as may be specified in the direction.

(8)Directions under subsection (7) of this section may be given by the Secretary of State [F22only before] he approves the structure plan . . . F19.

(9)In formulating their proposals in a local plan the . . . F21 planning authority shall secure that [F23where a structure plan has been prepared under section 5 of this Act] the proposals conform generally to the structure plan as it stands for the time being (whether or not it has been approved by the Secretary of State) and shall have regard to any information and any other considerations which appear to them to be relevant, or which may be prescribed . . . F19.

(10)Before giving a direction under the preceding provisions of this section to a . . . F21 planning authority, the Secretary of State shall consult the authority with respect to the proposed direction.

(11)Where a . . . F21 planning authority are required by this section to prepare a local plan, they shall take steps for the adoption of the plan.

10 Publicity in connection with preparation of local plans.S

(1)A . . . F24 planning authority who propose to prepare a local plan shall take such steps as will in their opinion secure—

(a)that adequate publicity is given in their district to any relevant matter arising out of a survey of the district [F25or part of the district carried out under sections 4 or 9 of this Act] and to the matters proposed to be included in the plan;

(b)that persons who may be expected to desire an opportunity of making representations to the authority with respect to those matters are made aware that they are entitled to an opportunity of doing so; and

(c)that such persons are given an adequate opportunity of making such representations;

and the authority shall consider any representations made to them within the prescribed period.

(2)When the . . . F24 planning authority have prepared a local plan, they shall, before adopting it or submitting it for approval under section 12(4) of this Act . . . F26, make copies of the local plan available for inspection at their office and at such other places [F27as appear to them to be appropriate] and send a copy to the Secretary of State; and each copy made available for inspection shall be accompanied by a statement of the time within which objections to the local plan may be made to the authority.

(3)A copy of a local plan sent to the Secretary of State [F28, or made available for inspection,] under subsection (2) of this section shall be accompanied by a statement containing such particulars, if any, as may be prescribed—

(a)of the steps which the authority have taken to comply with subsection (1) of this section; and

(b)of the authority’s consultations with, and their consideration of the views of, other persons.

(4)(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

11 Inquiries, etc. with respect to local plans.S

(1)For the purpose of considering objections made to a local plan the . . . F30 planning authority may, and shall [F31if] in the case of objections so made in accordance with regulations under this Act [F32an objector so requires,] cause a local inquiry or other hearing to be held by a person appointed by the Secretary of State or, in such cases as may be prescribed by regulations under this Act, by the authority themselves, and—

(a)subsections (4) to (6) of section 267 of this Act shall apply to an inquiry held under this section as they apply to an inquiry held under that section;

(b)the M3Tribunals and Inquiries Act 1971 shall apply to a local inquiry or other hearing held under this section as it applies to a statutory inquiry held by the Secretary of State, but as if in section 12(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by a local authority.

(2)Regulations made for the purposes of subsection (1) of this section may—

(a)make provision with respect to the appointment and qualifications for appointment of persons to hold a local inquiry or other hearing under that subsection, including provision enabling the Secretary of State to direct a . . . F30 planning authority to appoint a particular person, or one of a specified list or class of persons;

(b)make provision with respect to the remuneration and allowances of a person appointed for the said purpose.

12 Adoption and approval of local plans.S

(1)After the expiry of the period afforded for making objections to a local plan or, if such objections have been duly made during that period, after considering the objections so made, the . . . F33 planning authority may, subject to . . . F34 subsections [F35(2), (2A), (2B) and (3)] of this section, by resolution adopt the plan either as originally prepared or as modified so as to take account of [F36—

(a)any such objections (whether or not they have been the subject of a local inquiry or other hearing);

(b)any matters arising out of such objections; or

(c)any drafting or technical matters, if these are of a minor nature.]

[F37(2)Where for any area the Secretary of State has approved a structure plan under section 7 of this Act the planning authority shall not adopt a local plan unless it conforms . . . F38 to that structure plan.]

[F39(2A)After copies of a local plan have been sent to the Secretary of State and before it has been adopted by the planning authority, the Secretary of State may, if it appears to him that any part of it is unsatisfactory, and without prejudice to his power to make a direction under subsection (3) below, direct the authority to consider modifying the plan in such respects as are indicated in the direction.

(2B)An authority to whom a direction is given shall not adopt the plan unless they satisfy the Secretary of State that they have made the modifications necessary to confirm with the direction or the direction is withdrawn.]

(3)After copies of a local plan have been sent to the Secretary of State and before the plan has been adopted by the . . . F33 planning authority, the Secretary of State may direct that the plan shall not have effect unless approved by him.

[F40(4)Where the Secretary of State gives a direction under subsection (3) of this section, the planning authority shall submit the plan accordingly to him for his approval, and—

(a)the Secretary of State may, after considering the plan, either approve it (in whole or in part and with or without modifications or reservations) or reject it;

(b)in considering the plan, the Secretary of State may take into account any matters which he thinks are relevant, whether or not they were taken into account in the plan as submitted to him;

(c)subject to paragraph (d) of this subsection, where on taking the plan into consideration the Secretary of State does not determine then to reject it, he shall, before determining whether or not to approve it—

(i)consider any objections to the plan, so far as they are made in accordance with regulations under this Part of this Act;

(ii)afford to any persons whose objections so made are not withdrawn an opportunity of appearing before, and being heard by, a person appointed by him for the purpose; and

(iii)if a local inquiry or other hearing is held, also afford the like opportunity to the authority and such other persons as he thinks fit;

(d)before deciding whether or not to approve the plan the Secretary of State shall consider any objections thereto which have been considered by the authority, but he shall not be obliged to cause an inquiry or other hearing to be held into the plan if any such inquiry or hearing has already been held at the instance of the authority;

(e)without prejudice to paragraph (c) of this subsection, on considering the plan the Secretary of State may consult with, or consider the views of, any planning authority or other persons, but shall not be under an obligation to consult with, or consider the views of, any other authority or persons, or except as provided by that paragraph, to afford an opportunity for the making of any objections or other representations, or to cause any local inquiry or other hearing to be held; and

(f)after the giving of the direction the authority shall have no further power or duty to hold a local inquiry or other hearing under section 11 of this Act in connection with the plan.]

13 Alteration of local plans.S

[F41(1)A planning authority shall keep under review any local plan adopted by them, or approved by the Secretary of State, and may at any time make proposals for the alteration, repeal or replacement of such plan; and any such proposals may include proposals for the repeal of two or more local plans and their replacement with one local plan:

(2)Without prejudice to subsection (1) of this section, a . . . F42 planning authority shall, if [F43before] the Secretary of State [F44approves the structure plan for their district he] gives them a direction in that behalf with respect to a local plan adopted by them or approved by him, as soon as practicable prepare proposals of a kind specified in the direction, being proposals for the alteration, repeal or replacement of the [F45local] plan.

(3)[F46Subject to subsection (4) below] The provisions of sections 9(9) to (11), 10, 11 and 12 of this Act shall apply in relation to the making of proposals for the alteration, repeal or replacement of a local plan under this section, and to alterations to a local plan so proposed, as they apply in relation to the preparation of a local plan under section 9 of this Act and to a local plan prepared thereunder, . . . F47.

[F48(4)If a planning authority do not consider it appropriate to take the steps required by section 10(1) of this Act in relation to proposals made by them under subsection (1) of this section for alteration of a local plan, they may instead include, with the copies of those proposals made available for inspection and with the copy sent to the Secretary of State under section 10(2) of this Act, a statement of their reasons for not taking such steps.

(5)In carrying out their duty under subsection (1) above the authority shall have regard to any structure plan approved for the area by the Secretary of State.]

Supplementary provisionsS

14 Disregarding of representations with respect to development authorised by or under other enactments.S

Notwithstanding anything in the preceding provisions of this Act, neither the Secretary of State nor a . . . F49 planning authority shall be required to consider representations or objections with respect to a structure plan, a local plan or any proposal to alter, repeal or replace any such plan if it appears to the Secretary of State or the authority, as the case may be, that those representations or objections are in substance representations or objections with respect to things done or proposed to be done in pursuance of—

(a)an order or scheme under section [F505, 7, 9 or 12 of the Roads (Scotland) Act 1984] (trunk road orders, special road schemes and ancillary orders);

(b)an order under section 1 of the M4New Towns Act 1946 or section 1 of the M5New Towns (Scotland) Act 1968 (designation of sites of new towns).

15 Default powers of Secretary of State.S

(1)Where, by virtue of any of the preceding provisions of this Part of this Act, [F51or of the provisions of Part IX of the M6Local Government (Scotland) Act 1973] any survey is required to be carried out, or any structure or local plan or proposals for the alteration, repeal or replacement thereof are required to be prepared or submitted to the Secretary of State, or steps are required to be taken for the adoption of any such plan or proposals, then—

(a)if at any time the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the . . . F52 planning authority are not carrying out the survey or are not taking the steps necessary to enable them to submit or adopt such a plan or proposals within a reasonable period; or

(b)in a case where a period is specified for the submission or adoption of any such plan or proposals, if no such plan or proposals have been submitted or adopted within that period,

[F53the Secretary of State may direct the planning authority to carry out their functions in relation to the matters mentioned in this subsection and may specify in the direction the factors to be taken into account or objectives to be achieved by the planning authority in so doing, or] the Secretary of State may carry out the survey or prepare and make a structure plan or local plan or, as the case may be, alter repeal or replace it, as he thinks fit.

(2)Where under subsection (1) of this section the Secretary of State has power to do anything which should have been done by a . . . F52 planning authority, he may, if he thinks fit, authorise any other . . . F52 planning authority who appear to the Secretary of State to have an interest in the proper planning of the district of the first-mentioned authority to do that thing.

(3)Where under this section anything which ought to have been done by a . . . F52 planning authority is done by the Secretary of State or another such authority, the preceding provisions of this Part of this Act shall, so far as applicable, apply with any necessary modifications in relation to the doing of that thing by the Secretary of State and the latter authority and the thing so done.

(4)Where the Secretary of State incurs expenses under this section in connection with the doing of anything which should have been done by a . . . F52 planning authority, so much of those expenses as may be certified by the Secretary of State to have been incurred in the performance of functions of that authority shall on demand be repaid by that authority to the Secretary of State.

(5)Where under this section anything which should have been done by one . . . F52 planning authority is done by another such authority, any expenses reasonably incurred in connection with the doing of that thing by the latter authority, as certified by the Secretary of State, shall be repaid to the latter authority by the former authority.

16 Supplementary provisions as to structure and local plans.S

(1)Without prejudice to the powers conferred on him by the preceding provisions of this Part of this Act, the Secretary of State may make regulations with respect to the form and content of structure and local plans and with respect to the procedure to be followed in connection with their preparation, submission, withdrawal, approval, adoption, making, alteration, [F54modification,] repeal and replacement; and in particular any such regulations may—

(a)provide for the publicity to be given to the report of any survey carried out by a . . . F55 planning authority under section 4 of this Act;

(b)provide for the notice to be given of, or the publicity to be given to, matters included or proposed to be included in any such plan, and the approval, adoption or making of any such plan or any alteration, [F54modification,] repeal or replacement thereof or to any other prescribed procedural step, and for publicity to be given to the procedure to be followed as aforesaid;

(c)make provision with respect to the making and consideration of representations with respect to matters to be included in, or objections to, any such plan or proposals for its alteration, [F54modification,] repeal or replacement;

(d)without prejudice to paragraph (b) of this subsection, provide for notice to be given to particular persons of the approval, adoption, [F54modification] or alteration of any plan, if they have objected to the plan and have notified the . . . F55 planning authority of their wish to receive notice, subject (if the regulations so provide) to the payment of a reasonable charge for receiving it;

(e)require or authorise a . . . F55 planning authority to consult with, or consider the views of, other persons before taking any prescribed procedural step;

(f)require a . . . F55 planning authority, in such cases as may be prescribed or in such particular cases as the Secretary of State may direct, to provide persons making a request in that behalf with copies of any plan or document which has been made public for the purpose mentioned in section 6(1)(a) or 10(1)(a) of this Act or has been made available for inspection under section 6(2) or 10(2) of this Act, subject (if the regulations so provide) to the payment of a reasonable charge therefor;

(g)provide for the publication and inspection of any structure plan or local plan which has been approved, adopted or made, or any document approved, adopted or made altering, repealing or replacing any such plan, and for copies of any such plan or document to be made available on sale.

(2)Regulations under this section may extend throughout Scotland or to specified areas only and may make different provisions for different cases.

(3)Subject to the preceding provisions of this Part of this Act and to any regulations under this section, the Secretary of State may give directions to any . . . F55 planning authority, or to . . . F55 planning authorities generally,—

(a)for formulating the procedure for the carrying out of their functions under this Part of this Act;

(b)for requiring them to give him such information as he may require for carrying out any of his functions under this Part of this Act.

(4)Subject to the provisions of section 231 of this Act, a structure plan or local plan or any alteration, repeal or replacement thereof shall become operative on a date appointed for the purpose in the relevant notice of approval, resolution of adoption or notice of the making, alteration, repeal or replacement of the plan.

17 Meaning of “development plan”.S

(1)For the purposes of this Act, any other enactment relating to town and country planning and the M7Land Compensation (Scotland) Act 1963, the development plan for any area (whether the whole or part of the district of a . . . F56 planning authority) shall be taken as consisting of—

(a)the provisions of the structure plan for the time being in force for that district or the relevant part of that district, together with the Secretary of State’s notice of approval of the plan;

(b)any alterations to that plan, together with the Secretary of State’s notices of approval thereof;

(c)any provisions of a local plan for the time being applicable to the area, together with a copy of the authority’s resolution of adoption or, as the case may be, the Secretary of State’s notice of approval of the local plan; and

(d)any alterations to that local plan, together with a copy of the authority’s resolutions of adoption or, as the case may be, the Secretary of State’s notices of approval thereof.

(2)References in subsection (1) of this section to the provisions of any plan, notices of approval, alterations and resolutions of adoption shall, in relation to an area forming part of the district to which they are applicable, be respectively construed as references to so much of those provisions, notices, alterations and resolutions as is applicable to the area.

(3)References in subsections (1) and (2) of this section to notices of approval shall in relation to any plan or alteration made by the Secretary of State under section 15 of this Act be construed as references to notices of the making of the plan or alteration.

(4)This section has effect subject to Schedule 5 and Part I of Schedule 21 to this Act.

18 Commencement of Part II and interim provisions. S

(1)The preceding provisions of this Part of this Act (other than section 16 and except so far as they enable any matter or thing to be prescribed), and Part I of Schedule 21 to this Act, shall come into operation on a day appointed by an order made by the Secretary of State.

[F57(2)Schedules 3 and 4 to this Act shall have effect as respects any area, until (a) a structure plan relating to that area has been ap- proved under section 7 of this Act or (b) a local plan for that area has been adopted or approved under section 12 of this Act or (c) they are repealed by an order made by the Secretary of State.]

(3)Schedule 5 to this Act shall have effect as respects the transition from the said Schedules 3 and 4 to the preceding provisions of this Part of this Act.

(4)Different days may be appointed under this section for different purposes and, in particular, different days may be so appointed for the coming into operation or repeal of the same provisions in different areas.

(5)Any reference in this Part of this Act to the commencement of any provision thereof shall be construed as a reference to the day appointed for the coming into operation of that provision or, in the case of a provision which comes into operation on different days in different areas, shall, in relation to any area, be construed as a reference to the day appointed for the coming into operation of that provision in that area.

(6)An order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into operation or repealed, including such adaptation of those provisions or of any other provision of this Act then in force as appears to him to be necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).

(7)The Secretary of State shall maintain and keep up to date a register showing the effect of orders made under this section in such a way as enables members of the public to inform themselves—

(a)as to the provisions which have come, or are to be brought, into operation or have been, or are to be, repealed, and on which dates and in relation to which areas; and

(b)as to whether, in the case of a particular area, any transitional provision has been made by such an order.

(8)The register maintained under this section by the Secretary of State shall be kept at his principal offices in Edinburgh and shall be available for inspection by the public at all reasonable hours.

Part IIIU.K. General Planning Control

Meaning of development and requirement of planning permissionS

19 Meaning of “development” and “new development”. S

(1)In this Act, except where the context otherwise requires, “development”, subject to the following provisions of this section, 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, that is to say—

(a)the carrying out of works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not materially affect the external appearance of the building and (in either case) are not works for making good war damage or works begun after 7th December, 1969 for the alteration of a building by providing additional space therein below ground;

(b)the carrying out by a local [F60roads] authority of any works required for the maintenance or improvement of a road, being works carried out on land within the boundaries 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 [F60road] 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, [F61the use of the buildings or other land or, subject to the provisions of the order, of any part thereof] for any other purpose of the same class.

(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 thereof which is so used;

(b)the deposit of refuse or waste materials on land involves a material change in the use thereof, notwithstanding that the land is comprised in a site already used for that purpose, if either the superficial area of the deposit is thereby extended, or the height of the deposit is thereby extended and exceeds the level of the land adjoining the site.

[F62(3A)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.]

(4)Without prejudice to any regulations made under the provisions of 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.

(5)In this Act “new development” means any development other than development of a class specified in Part I or Part II of Schedule 6 to this Act; and the provisions of Part III of that Schedule shall have effect for the purposes of Parts I and II thereof.

20 Development requiring planning permission.S

(1)Subject to the provisions of this section, planning permission is required for the carrying out of any development of land.

(2)Where on 1st July 1948 (in this Act referred to as “the appointed day”) land was being temporarily used for a purpose other than the purpose for which it was normally used, planning permission is not required for the resumption of the use of the land for the last-mentioned purpose before 8th December 1969.

(3)Where on the appointed day land was normally used for one purpose and was also used on occasions, whether at regular intervals or not, for another purpose, planning permission is not required—

(a)in respect of the use of the land for that other purpose on similar occasions before 8th December 1969; or

(b)in respect of the use of the land for that other purpose on similar occasions on or after that date if the land has been used for that other purpose on at least one similar occasion since the appointed day and before the beginning of 1969.

(4)Where land was unoccupied on the appointed day, but had before that day been occupied at some time on or after 7th January 1937, planning permission is not required in respect of any use of the land begun before 8th December 1969 for the purpose for which the land was last used before the appointed day.

(5)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 the use of the land for the purpose for which it was normally used before the permission was granted.

(6)In determining, for the purposes of subsection (5) of this section, what were the purposes for which land was normally used before the grant of planning permission, no account shall be taken of any use of the land begun in contravention of the provisions of this Part of this Act or in contravention of previous planning control.

(7)Notwithstanding anything in subsections (2) to (4) of this section, the use of land as a caravan site shall not, by virtue of any of those subsections, be treated as a use for which planning permission is not required, unless the land was so used on one occasion at least during the period of two years ending with 9th March 1960.

(8)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 the normal use of that land, unless the last-mentioned use was begun in contravention of the provisions of this Part of this Act or in contravention of previous planning control.

(9)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 of this Act) it could lawfully have been used if that development had not been carried out.

(10)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 the provisions of Part II of the Act of 1947.

Development ordersS

21 Development orders. S

(1)The Secretary of State shall by order (in this Act referred to as a “development order”) provide for the granting of planning permission.

(2)a development order may either—

(a)itself grant planning permission for development specified in the order, or for development of any class so specified; or

(b)in respect of development for which planning permission is not granted by the order itself, provide for the granting of planning permission by the. . . F63 planning authority (or, in the cases hereinafter provided, by the Secretary of State) on an application in that behalf made to the. . . F63 planning authority in accordance with the provisions of the order.

[F64(3)A development order may be made either—

(a)as a general order applicable, except so far as the order 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.]

(4)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.

(5)Without prejudice to the generality of subsection (4) of this section—

(a)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. . . F63 planning authority to be obtained with respect to the design or external appearance of the buildings;

(b)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. . . F63 planning authority to direct that the permission shall not apply either in relation to development in a particular area or in relation to any particular development.

(6)Any provision of a development order whereby 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.

(7)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, shall not apply to any development specified in the order, or shall apply thereto subject to such modifications as may be so specified.

[F65 Simplified planning zone schemes]S

[F6621ASimplified planning zones.S

(1)A simplified planning zone is an area in respect of which a simplified planning zone scheme is in force.

(2)The adoption or approval of a simplified planning zone scheme has effect to grant in relation to the zone, or any part of it specified in the scheme, planning permission for development specified in the scheme or for development of any class so specified.

(3)Planning permission under a simplified planning zone scheme may be unconditional or subject to such conditions, limitations or exceptions as may be specified in the scheme.

(4)Every planning authority—

(a)shall consider, as soon as practicable after this section comes into operation, the question for which part or parts of their district a simplified planning zone scheme is desirable, and shall thereafter keep that question under review; and

(b)shall prepare a scheme for any such part for which they decide, as a result of their original consideration or of any such review, that it is desirable to do so.

(5)The provisions of Schedule 6A to this Act have effect with respect to the making and alteration of simplified planning zone schemes and other related matters.]

[F6721B Simplified planning zone schemes: conditions and limitations on planning permission.S

(1)The conditions and limitations on planning permission which may be specified in a simplified planning zone scheme may include—

(a)conditions or limitations in respect of all development permitted by the scheme or in respect of particular descriptions of development so permitted, and

(b)conditions or limitations requiring the consent, agreement or approval of the planning authority in relation to particular descriptions of permitted development;

and different conditions or limitations may be specified for different cases or classes of case.

(2)Nothing in a simplified planning zone scheme shall affect the right of any person—

(a)to do anything not amounting to development, or

(b)to carry out development for which planning permission is not required or for which permission has been granted otherwise than by the scheme;

and no limitation or restriction subject to which permission has been granted otherwise than under the scheme shall affect the right of any person to carry out development for which permission has been granted under the scheme.]

[F6821C Duration of simplified planning zone scheme.S

(1)A simplified planning zone scheme shall take effect on the date of its adoption or approval and shall cease to have effect at the end of the period of ten years beginning with that date.

(2)Upon the scheme’s ceasing to have effect planning permission under the scheme shall also cease to have effect except in a case where the development authorised by it has been begun.

(3)The provisions of section 41(2) to (6) of this Act (which provide for the termination of planning permission if the completion of development is unreasonably delayed) apply to planning permission under a simplified planning zone scheme where development has been begun but not completed by the time the area ceases to be a simplified planning zone.

(4)The provisions of section 40(1) to (3) of this Act apply in determining for the purposes of this section when development shall be taken to be begun.]

[F6921D Alteration of simplified planning scheme.S

(1)The adoption or approval of alterations to a simplified planning zone scheme has effect as follows.

(2)The adoption or approval of alterations providing for the inclusion of land in the simplified planning zone has effect to grant in relation to that land or such part of it as is specified in the scheme planning permission for development so specified or of any class so specified.

(3)The adoption or approval of alterations providing for the grant of planning permission has effect to grant such permission in relation to the simplified planning zone, or such part of it as is specified in the scheme, for development so specified or development of any class so specified.

(4)The adoption or approval of alterations providing for the withdrawal of relaxation of conditions, limitations or restrictions to which planning permission under the scheme is subject has effect to withdraw or relax the conditions, limitations or restrictions forthwith.

(5)The adoption or approval of alterations providing for—

(a)the exclusion of land from the simplified planning zone,

(b)the withdrawal of planning permission, or

(c)the imposition of new or more stringent conditions, limitations or restrictions to which planning permission under the scheme is subject,

has effect to withdraw permission, or to impose the conditions, limitations or restrictions, with effect from the end of the period of twelve months beginning with the date of the adoption or approval.

(6)The adoption or approval of alterations to a scheme does not affect planning permission under the scheme in any case where the development authorised by it has been begun.

The provisions of section 40(1) to (3) of this Act apply in determining for the purposes of this subsection when development shall be taken to be begun.]

[F7021E Exclusion of certain descriptions of land or development.S

(1)The following descriptions of land may not be included in a simplified planning zone—

(a)land in a conservation area;

(b)land in a National Scenic Area;

(c)land identified in the development plan for the area as part of a green belt;

(d)land in respect of which a notification or order is in force under section 28 or 29 of the Wildlife and Countryside Act M81981 (areas of special scientific interest).

(2)Where land included in a simplified planning zone becomes land of such a description, subsection (1) does not have effect to exclude it from the zone.

(3)The Secretary of State may by order provide that no simplified planning zone scheme shall have effect to grant planning permission—

(a)in relation to an area of land specified in the order or to areas of land of a description so specified, or

(b)for development of a description specified in the order.

(4)An order under subsection (3) has effect to withdraw such planning permission under a simplified planning zone scheme already in force with effect from the date on which the order comes into force, except in a case where the development authorised by the permission has been begun.

The provisions of section 40(1) to (3) of this Act apply in determining for the purposes of this subsection when development shall be taken to be begun.]

Applications for planning permissionS

22 Form and content of applications.S

[F71(1)]Any application to a. . . F72 planning authority for planning permission shall be made in such manner as may be prescribed by regulations under this Act [F73or by a development order], and shall include such particulars, and be verified by such evidence, as may be required [F74by—

(a)the regulations; or

(b)the development order; or

(c)directions given by the planning authority under the said regulations or the said development order.]

[F75(2)In subsection (1) above “planning authority” includes a regional planning authority.]

[F7623 Publication of notices of applications.S

(1)Subject to subsection (2) below, a development order may provide, either in relation to applications generally or in relation to applications of a class or classes prescribed in the 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) above 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) above 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) above are—

(a)applications for planning permission;

(b)applications for an approval required by a development order; or

(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; or

(b)makes advertisement (other than newspaper advertisement); or

(c)supplies a certificate,

which purports to comply with provisions made under subsection (1) above but which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence, and liable on summary conviction to a fine not exceeding [F77level 3 on the standard scale].]

24 Notification of applications to owners and agricultural tenants. S

(1)Without prejudice to section 23 of this Act, a. . . F78 planning authority shall not entertain any application for planning permission unless it is accompanied by one or other of the following certificates signed by or on behalf of the applicant, that is to say—

[F79(a)a certificate stating that at the beginning of a period of 21 days ending with the date of the application, no person (other than the applicant) was the owner of any of the land to which the application relates;]

(b)a certificate stating that the applicant has given the requisite notice of the application to all the persons (other than the applicant) who, at the beginning of the period of twenty-one days ending with the date of the application, were owners of any of the land to which the application relates, and setting out the names of those persons, the addresses at which notice of the application was given to them respectively, and the date of service of each such notice;

(c)a certificate stating that the applicant is unable to issue a certificate in accordance with either of the preceding paragraphs, that he has given the requisite notice of the application to such one or more of the persons mentioned in the last preceding paragraph as are specified in the certificate (setting out their names, the addresses at which notice of the application was given to them respectively, and the date of the service of each such notice), that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the remainder of those persons and that he has been unable to do so;

[F80(cc)in the case of an application for planning permission for development consisting of the winning and working of minerals by underground mining operations, a certificate stating—

(i)that the applicant has given the requisite notice of the application to such one or more of the persons mentioned in paragraph (b) of this subsection as are specified in the certificate, and setting out the names of those persons, the addresses at which notice of the application was given to them respectively, and the date of service of each such notice;

(ii)that there is no person mentioned in paragraph (b) of this subsection whom the applicant knows to be such a person and whose name and address is known to the applicant but to whom he has not given the requisite notice of the application; and

(iii)that he has complied with subsection (2A) of this section and when he did so;]

(d)a certificate stating that the applicant is unable to issue a certificate in accordance with paragraph (a) of this subsection, that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the persons mentioned in paragraph (b) of this subsection and that he has been unable to do so.

[F81(1A)Subject to subsection (1B) of this section, subsection (1) of this section shall have effect as respects notice of an application for planning permission for development consisting of the winning and working of minerals as if any person entitled to an interest in a mineral in the land to which the application relates were an owner of the land.

(1B)Subsection (1) of this section shall not have effect as provided by subsection (1A) of this section in relation to a person entitled to an interest in—

(a)oil, gas or coal; or

(b)gold or silver.]

(2)Any such certificate as is mentioned in paragraph (c) [F82, paragraph (cc)] or paragraph (d) of subsection (1) of this section shall also contain a statement that the requisite notice of the application, as set out in the certificate, has on a date specified in the certificate (being a date not earlier than the beginning of the period mentioned in paragraph (b) of that subsection) been published in a local newspaper circulating in the locality in which the land in question is situated.

[F83(2A)In an order to comply with this subsection—

(a)the applicant must post the requisite notice of the application, sited so as to be easily visible to and legible by members of the public, in at least one place in the district of the planning authority to which the application is being made; and

(b)the notice must be in position for not less than 7 days during the period of 21 days prior to the making of the application.

(2B)At any time before [F84determining] an application for planning permission for development consisting of the winning and working of minerals the planning authority dealing with the application may in writing direct the applicant to post copies of the said notice in such places in its district not exceeding 4 in number as may be specified in the direction.

(2C)Where any such direction as is mentioned in subsection (2B) above has been given the planning authority shall not grant the application until the applicant has furnished to the authority a certificate stating—

(a)that he has complied with the direction; and

(b)that any notice required by the direction has been in position for not less than 7 days in the period of 21 days prior to the date on which he lodged the certificate with the planning authority.

(2D)The applicant shall not be treated as unable to comply with subsection (2A) or (2C) of this section if the notice or, as the case may be, any copy thereof is, without any fault or intention of his, removed, obscured or defaced before the seven days referred to in subsections (2A)(b) or (2C)(b) of this section have elapsed, so long as he has taken reasonable steps for its protection and, if need be, replacement; and if he has cause to rely on this subsection, his certificate under subsection (1)(cc) of this section shall state the relevant circumstances.

(2E)The notice required by subsection (2A) of this section shall (in addition to any other matters required to be contained in it) name a place within the area of the planning authority to whom the application is made where a copy of the application for planning permission, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during such period as may be specified in the notice, being a period of not less than 21 days beginning with the date on which the notice is first posted.]

(3)In addition to any other matters required to be contained in a certificate issued for the purposes of this section, every such certificate shall contain one or other of the following statements, that is to say—

(a)a statement that none of the land to which the application relates constitutes or forms part of an agricultural holding;

(b)a statement that the applicant has given the requisite notice of the application to every person (other than the applicant) who, at the beginning of the period of twenty-one days ending with the date of the application, was a tenant of any agricultural holding any part of which was comprised in the land to which the application relates, and setting out the name of each such person, the address at which notice of the application was given to him, and the date of service of that notice.

(4)Where an application for planning permission is accompanied by such a certificate as is mentioned in subsection (1)(b), (c) [F85, (cc) or (d) or (2C)] of this section, or by a certificate containing a statement in accordance with subsection 3(b) of this section, the. . . F78 planning authority shall not determine the application before the end of the period of twenty-one days beginning with the date appearing from the certificate to be the latest of the dates of service of notices as mentioned in the certificate, or the date of publication [F86or, as the case may be, posting] of a notice as therein mentioned, whichever is the later.

(5)If any person issues any certificate which purports to comply with the requirements of this section and which contains a statement which he knows to be false or misleading in a material particular, or recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F87level 3 on the standard scale].

(6)Any certificate issued for the purposes of this section shall be in such form as may be prescribed by a development order; and any reference in any provision of this section to the requisite notice, where a form of notice is prescribed by a development order for the purposes of that provision, is a reference to a notice in that form.

(7)In this section “owner” in relation to any land means any person [F88who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of [F89an undertaking] and any person entitled to possession of the land as lessee under a lease the unexpired period of which is not less than seven years], and “agricultural holding” has the same meaning as in the M9Agricultural Holdings (Scotland) Act 1949.

25 Publicity for applications affecting conservation areas.S

(1)This section applies where an application for planning permission for any development of land is made to a. . . F90 planning authority and either—

(a)the development would, in the opinion of the authority, affect the character or appearance of a conservation area;. . . F91

[F92(aa)the development would, in the opinion of the authority, affect the selling of a listed building; or]

(b). . . F93

(2)The. . . F90 planning authority shall—

(a)publish in a local newspaper circulating in the locality in which the land is situated; and

(b)for not less than seven days display on or near the land,

a notice indicating the nature of the development in question and naming a place within the locality where a copy of the application, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during the period of twenty-one days beginning with the date of publication of the notice under paragraph (a) of this subsection.

(3)The application shall not be determined by the. . . F90 planning authority before both the following periods have elapsed, namely—

(a)the period of twenty-one days referred to in subsection (2) of this section; and

(b)the period of twenty-one days beginning with the date on which the notice required by that subsection to be displayed was first displayed.

[F94(4)Where an application for planning permission is dealt with by a regional planning authority by virtue of section 179 of the M10Local Government (Scotland) Act 1973, subsection (3) above shall apply as if the reference therein to “the planning authority” were a reference to the regional planning authority.]

Determination by. . . F95 planning authorities of applications for planning permissionS

26 Determination of applications.S

(1)Subject to the provisions of sections 23 to 25 of this Act, and to the following provisions of this Act, where an application is made to a. . . F96 planning authority for planning permission, that authority, in dealing with the application, shall have regard to the provisions of the development plan, so far as material to the application, and to any other material considerations, and—

(a)subject to [F97sections 38 and 39] of this Act, may grant planning permission, either unconditionally or subject to such conditions as they think fit; or

(b)may refuse planning permission.

(2)In determining any application. . . F98 to which section 23 of this Act applies, the. . . F96 planning authority shall take into account any representations relating to that application which are received by them before [F99the expiry of any period prescribed under subsection (1)(h) of that section.]

(3)Where an application for planning permission is accompanied by such a certificate as is mentioned in subsection (1)(b), (c) or (d) of section 24 of this Act, or by a certificate containing a statement in accordance with subsection (3)(b) of that section, the. . . F96 planning authority—

(a)in determining the application, shall take into account any representations relating thereto which are made to them, before the end of the period mentioned in subsection (4) of that section, by any person who satisfies them that he is an owner of any land to which the application relates or that he is the tenant of an agricultural holding any part of which is comprised in that land; and

(b)shall give notice of their decision to every person who has made representations which they were required to take into account in accordance with the preceding paragraph.

(4)In determining any application for planning permission to which section 25 of this Act applies, the. . . F96 planning authority shall take into account any representations relating to the application which are received by them before the periods mentioned in subsection (3) of that section have elapsed.

[F100(4A)When granting an application for planning permission as regards any building or premises in relation to which a duty is imposed by any of sections 4, 5 and 7 to 8A of the M11Chronically Sick and Disabled Persons Act 1970 (facilities at premises open to the public to include, where reasonable and practicable, provision for the needs of the disabled etc.) the planning authority shall ensure that the applicant is aware of such duty.]

(5)Before a. . . F96 planning authority grant planning permission for the use of land as a caravan site, they shall, unless they are also the authority having power to issue a site licence for that land, consult the local authority having that power.

(6)In this section “site licence” means a licence under Part I of the M12Caravan Sites and Control of Development Act 1960 authorising the use of land as a caravan site and “owner” and “agricultural holding” have the same meanings as in section 24 of this Act.

27 Conditional grant of planning permission.S

(1)Without prejudice to the generality of section 26(1) of this Act, conditions may be imposed on the grant of planning permission thereunder—

(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. . . F103 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)[F104Subject to section 41A(6) of this Act, any] planning permission granted subject to such a condition as is mentioned in subsection (1)(b) of this section is in this Act referred to as “planning permission granted for a limited period”.

(3)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 (not being a condition attached to the planning permission by or under section 38 or 39 of this Act); 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.

[F10527A Aftercare conditions on permission for winning and working of minerals.S

(1)Where planning permission for development consisting of the winning and working of minerals is granted subject to a restoration condition, it may be granted subject also to any such aftercare condition as the planning authority think fit.

(2)In this Act—

• “restoration condition” means a condition requiring that after operations for the winning and working of minerals have been completed, the site shall be restored by the use of any or all of the following, namely, subsoil, topsoil and soil-making material; and

• “aftercare condition” means a condition requiring that such steps shall be taken as may be necessary to bring land to the required standard for whichever of the following uses is specified in the condition, namely—

(a)use for agriculture;

(b)use for forestry; or

(c)use for amenity.

(3)An aftercare condition may either—

(a)specify the steps to be taken; or

(b)require that the steps be taken in accordance with a scheme (in this section referred to as an “aftercare scheme”) approved by the planning authority.

(4)A planning authority may approve an aftercare scheme in the form in which it is submitted to them or may modify it and approve it as modified.

(5)The steps that may be specified in an aftercare condition or an aftercare scheme may consist of planting, cultivating, fertilising, watering, draining or otherwise treating the land.

(6)Where a step is specified in a condition or a scheme, the period during which it is to be taken may also be specified, but no step may be required to be taken after the expiry of the aftercare period.

(7)In subsection (6) of this section “the aftercare period” means a period of five years from compliance with the restoration condition or such other maximum period after compliance with that condition as may be prescribed; and in respect of any part of a site, the aftercare period shall commence on compliance with the restoration condition in respect of that part.

(8)The power to prescribe maximum periods conferred by subsection (7) of this section includes power to prescribe maximum periods differing according to the use specified.

(9)In a case where—

(a)the use specified is a use for agriculture; and

(b)the land was in use for agriculture at the time of the grant of the planning permission or had previously been used for that purpose and had not at the time of the grant been used for any authorised purpose since its use for agriculture ceased; and

(c)the planning authority is aware of or can readily ascertain the physical characteristics of the land when it was last used for agriculture,

the land is brought to the required standard when its physical characteristics are restored, so far as it is practicable to do so, to what they were when it was last used for agriculture.

(10)In any other case where the use specified is a use for agriculture the land is brought to the required standard when it is reasonably fit for that use.

(11)Where the use specified is a use for forestry, the land is brought to the required standard when it is reasonably fit for that use.

(12)Where the use specified is a use for amenity, the land is brought to the required standard when it is suitable for sustaining trees, shrubs or plants.

(13)Before imposing an aftercare condition in a case where the use specified in the condition is for forestry, the planning authority shall consult the Forestry Commission as to whether it is appropriate to specify that use.

(14)Where after consultations required by subsection (13) of this section the planning authority are satisfied that the use that they ought to specify is a use for forestry, they shall consult the Forestry Commission with regard to whether the steps to be taken should be specified in the aftercare condition or in an aftercare scheme.

(15)The planning authority shall also consult the Forestry Commission—

(a)as to the steps to be specified in an aftercare condition which specifies a use for forestry; and

(b)before approving an aftercare scheme submitted in accordance with an aftercare condition which specifies such a use.

(16)The planning authority shall also, from time to time as they consider expedient, consult the Commission as to whether the steps specified in an aftercare condition or an aftercare scheme are being taken.

(17)On the application of any person with an interest in land in respect of which an aftercare condition has been imposed the planning authority, if they are satisfied that the condition has been complied with, shall issue a certificate to that effect.

(18)A person who has complied with an aftercare condition but who has not himself carried out any operations for the winning and working of minerals in, on or under the land shall be entitled, subject to any condition to the contrary contained in a contract which is enforceable against him by the person who last carried out such operations, to recover from that person any expenses reasonably incurred by him in complying with the aftercare condition.

(19)In this section “authorised” means authorised by planning permission and “forestry” means the growing of a utilisable crop of timber.]

28 Directions, etc. as to method of dealing with applications. S

(1)Subject to the provisions of section 26(2) to (5) of this Act, provision may be made by a development order for regulating the manner in which applications for planning permission to develop land are to be dealt with by. . . F106 planning authorities, and in particular—

(a)for enabling the Secretary of State to give directions restricting the grant of planning permission by the. . . F106 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. . . F106 planning authority, in such cases and subject to such conditions as may be prescribed by the order, or by directions given by the Secretary of State thereunder, to grant planning permission for development which does not accord with the provisions of the development plan;

(c)for requiring the. . . F106 planning authority, before granting or refusing planning permission for any development, to consult with such authorities or persons as may be prescribed by the order or by directions given by the Secretary of State thereunder;

(d)for requiring the. . . F106 planning authority to give to any applicant for planning permission, within such time as may be prescribed by the order, such notice as may be so prescribed as to the manner in which his application has been dealt with;

[F107(dd)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;]

(e)for requiring the. . . F106 planning authority to give to the Secretary of State and to such other persons as may be prescribed by or under 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.

[F108(2)The provisions of paragraphs (d) and (e) of subsection (1) above shall apply in relation to applications for an approval required by a development order as they apply in relation to applications for planning permission.]

[F109(3)In this section “planning authority” includes a regional planning authority.]

[F11028A Permission to develop land without compliance with conditions previously attached.S

(1)This section applies to applications for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.

(2)Special provision may be made with respect to such applications—

(a)by regulations under section 22 of this Act 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.

(3)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, and

(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.

(4)This section does not apply where the application is made after the previous planning permission has become time-expired, that is to say, the previous permission having been granted subject to a condition as to the time within which the development to which it related was to have begun, that time has expired without the development having been begun.]

29 Permission to retain buildings or works or continue use of land.S

(1)An application for planning permission may relate to buildings or works constructed or carried out, or a use of land instituted, before the date of the application, whether [F111—

(a)]the buildings or works were constructed or carried out, or the use instituted, without planning permission or in accordance with planning permission granted for a limited period [F112; or

(b)the application is for permission to retain the buildings or works, or continue the use of land, without complying with some condition subject to which a previous planning permission was granted.]

(2)Any power to grant planning permission to develop land under this Act shall include power to grant planning permission for the retention on land of buildings or works constructed or carried out, or for the continuance of a use of land instituted, as mentioned in subsection (1) of this section; and references in this Act to planning permission to develop land or to carry out any development of land, and to applications for such permission, shall be construed accordingly:

(3)Any planning permission granted in accordance with subsection (2) of this section may be granted so as to take effect from the date on which the buildings or works were constructed or carried out, or the use was instituted, or (in the case of buildings or works constructed or carried out or a use instituted in accordance with planning permission granted for a limited period) so as to take effect from the end of that period, as the case may be.

30 Provisions as to effect of planning permission.S

(1)Without prejudice to the provisions of this Part of this Act as to the duration, revocation or modification of planning permission, any grant of planning permission to develop land shall (except in so far as the permission otherwise provides) enure for the benefit of the land and of all persons for the time being interested therein.

(2)Where planning permission is granted for the erection of a building, the grant of permission may specify the purposes for which the building may be used; and if no purpose is so specified, the permission shall be construed as including permission to use the building for the purpose for which it is designed.

[F11430A Date of planning permission.S

The date of the granting or of the refusal of any such application as is mentioned in section 23(2) of this Act shall be the date on which the notice of the planning authority’s decision bears to have been signed on behalf of the authority.]

31 Information regarding, and registers of, applications and decisions.S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F115

(2)Every. . . F116 planning authority shall keep, in such manner as may be prescribed by a development order, a register containing such information as may be so prescribed with respect to applications for planning permission made to that authority, including information as to the manner in which such applications have been dealt with. . . F117[F118and also containing such information as may be so prescribed with respect to simplified planning zone schemes relating to zones in the authority’s area].

(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F119

(3)a development order may make provision for the register to be kept in two or more parts, each part containing such information relating to applications for planning permission made to the authority as may be prescribed by the order, and may also make provision—

(a)for a specified part of the register to contain copies of applications and of any plans or drawings submitted therewith; and

(b)for the entry relating to any application, and every thing relating thereto, 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 thereto 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.

[F120(5)The provisions of this section shall apply in relation to applications for an approval required by a development order as they apply in relation to applications for planning permission.]

[F12131A Power of planning authorities to vary planning permission.S

Notwithstanding any other provision of this Part of this Act, a planning authority may, at the request of the grantee or of 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.]

Secretary of State’s powers in relation to planning applications and decisionsS

32 Reference of applications to Secretary of State.S

(1)The Secretary of State may give directions requiring, [F122any such application as is mentioned in section 23(2) of this Act], to be referred to him instead of being dealt with by. . . F123 planning authorities.

(2)a direction under this section—

(a)may be given either to a particular. . . F123 planning authority or to. . . F123 planning authorities generally; and

(b)may relate either to a particular application or to applications of a class specified in the direction.

(3)Any application in respect of which a direction under this section has effect shall be referred to the Secretary of State accordingly.

(4)Subject to subsection (5) of this section, where an application. . . F124 is referred to the Secretary of State under this section, the following provisions of this Act, that is to say, sections 23 [F125(1)(f) and (h)], 24 [F126(2B), (2C), (2D) and (4)], 26 F124. . . [F127, 27(1) [F12827A and 28A]], shall apply, with any necessary modifications, as they apply to an application. . . F124 which falls to be determined by the. . . F123 planning authority.

(5)Before determining an application referred to him under this section, other than an application for planning permission referred to a Planning Inquiry Commission under section 45 of this Act, the Secretary of State shall, if either the applicant or the. . . F123 planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(6)The decision of the Secretary of State on any application referred to him under this section shall be final.

[F129(7)In this section “planning authority” includes a regional planning authority.]

33 Appeals against planning decisions. S

(1)Where an application is made to a. . . F130 planning authority

[F131(a)for planning permission to develop land;

(b)for an approval of that authority required under a development order; or

(c)for any consent, agreement or approval of that authority required by a condition imposed on a grant of planning permission,

and that permission, consent, agreement] or approval is refused by that authority or is granted by them subject to conditions, the applicant, if he is aggrieved by their decision, may by notice under this section appeal to the Secretary of State.

(2)Any notice under this section shall be served within such time (not being less than twenty-eight days from the date of notification of the decision to which it relates) and in such manner as may be prescribed by a development order.

(3)Where an appeal is brought under this section from a decision of a. . . F130 planning authority, the Secretary of State, subject to the following provisions of this section, may allow or dismiss the appeal, or may reverse or vary any part of the decision of the. . . F130 planning authority, whether the appeal relates to that part thereof or not, and may deal with the application as if it had been made to him in the first instance.

(4)Before determining an appeal under this section, other than an appeal referred to a Planning Inquiry Commission under section 45 of this Act, the Secretary of State shall, if either the applicant or the. . . F130 planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(5)Subject to subsection (4) of this section, the following provisions of this Act, that is to say, sections [F13223,] 24, 26(1) and (3) [F133, 27(1) [F13427A and 28A]] shall apply, with any necessary modifications, in relation to an appeal to the Secretary of State under this section as they apply in relation to an application for planning permission which falls to be determined by the. . . F130 planning authority.

(6)The decision of the Secretary of State on any appeal under this section shall be final.

(7)If before or during the determination of an appeal under this section in respect of an application for planning permission to develop land, the Secretary of State forms the opinion that, having regard to the provisions of sections 26(1), [F135and 27(1)] of this Act and of the development order and to any directions given under that order, planning permission for that development—

(a)could not have been granted by the. . . F130 planning authority; or

(b)could not have been granted by them otherwise than subject to the conditions imposed by them,

he may decline to determine the appeal or to proceed with the determination.

(8)Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section, including appeals under this section as applied by or under any other provision of this Act.

34 Appeal in default of planning decision. S

Where [F136any such application as is mentioned in section 33(1) of this Act is made to a planning authority], then unless within such period as may be prescribed by the development order, or within such extended period as may at any time be agreed upon in writing between the applicant and the. . . F137 planning authority, the. . . F137 planning authority either—

(a)give notice to the applicant of their decision on the application; or

(b)give notice to him that the application has been referred to the Secretary of State in accordance with directions given under section 32 of this Act,

the provisions of section 33 of this Act shall apply in relation to the application as if the permission or approval to which it relates had been refused by the. . . F137 planning authority, and as if notification of their decision had been received by the applicant at the end of the period prescribed by the development order, or at the end of the said extended period, as the case may be.

35 Review of planning decisions where compensation claimed.S

(1)The provisions of this section and of section 36 of this Act shall have effect where, in accordance with the provisions of section 143 of this Act, one or more claims for compensation in respect of a planning decision have been received by the Secretary of State, and the claim, or (if there is more than one) one or more of the claims, has not been withdrawn.

(2)If, in the case of a planning decision of the. . . F138 planning authority, it appears to the Secretary of State that, if the application for permission to develop the land in question had been referred to him for determination, he would have made a decision more favourable to the applicant, the Secretary of State may give a direction substituting that decision for the decision of the. . . F138 planning authority.

(3)If, in any case, it appears to the Secretary of State that planning permission could properly be granted (either unconditionally or subject to certain conditions) for some development of the land in question other than the development to which the application for planning permission related, the Secretary of State may give a direction that the provisions of this Act shall have effect in relation to that application and to the planning decision—

(a)as if the application had included an application for permission for that other development, and the decision had included the grant of planning permission (unconditionally or subject to the said conditions, as the case may be) for that development; or

(b)as if the decision had been a decision of the Secretary of State and had included an undertaking to grant planning permission (unconditionally or subject to the said conditions, as the case may be) for that development,

as may be specified in the direction.

(4)The reference in subsection (2) of this section to a decision more favourable to the applicant shall be construed—

(a)in relation to a refusal of permission, as a reference to a decision granting the permission, either unconditionally or subject to conditions, and either in respect of the whole of the land to which the application for permission related or in respect of part of that land; and

(b)in relation to a grant of permission subject to conditions, as a reference to a decision granting the permission applied for unconditionally or subject to less stringent conditions.

36 Provisions supplementary to s. 35.S

(1)Before giving a direction under section 35 of this Act the Secretary of State shall give notice in writing of his proposed direction to the. . . F139 planning authority to whose decision that direction relates, and to any person who made, and has not since withdrawn, a claim for compensation in respect of that decision; and, if so required by the. . . F139 planning authority or by any such person, shall afford to each of them an opportunity to appear before, and be heard by, a person appointed by the Secretary of State for the purpose.

(2)In giving any direction under section 35 of this Act, the Secretary of State shall have regard to the provisions of the development plan for the area in which the land in question is situated, in so far as those provisions are material to the development of that land, and shall also have regard to the local circumstances affecting the proposed development, including the use which prevails generally in the case of contiguous or adjacent land, and to any other material considerations.

(3)Where the Secretary of State gives a direction under section 35 of this Act, he shall give notice of the direction to the. . . F139 planning authority to whose decision the direction relates, and to every person (if any) who made, and has not since withdrawn, a claim for compensation in respect of that decision.

Deemed planning permissionS

37 Development by local authorities and statutory undertakers with sanction of government department. S

(1)Where the sanction of a government department. . . F140 is required by virtue of an enactment in respect of development to be carried out by a local authority, or by statutory undertakers not being a local authority, that department may, on granting that sanction, direct that planning permission for that development shall be deemed to be granted, subject to such conditions (if any) as may be specified in the directions.

(2)The provisions of this Act (except Parts VII and XII thereof) shall apply in relation to any planning permission deemed to be granted by virtue of directions under this section as if it had been granted by the Secretary of State on an application referred to him under section 32 of this Act.

(3)For the purposes of this section development shall be taken to be sanctioned by a government department if—

(a)any consent, authority or approval to or for the development is granted by the department in pursuance of an enactment;

(b)a compulsory purchase order is confirmed by the department authorising the purchase of land for the purpose of the development;

(c)consent is granted by the department to the appropriation of land for the purpose of the development or the acquisition of land by agreement for that purpose;

(d)authority is given by the department for the borrowing of money for the purpose of the development, or for the application for that purpose of any money not otherwise so applicable; or

(e)any undertaking is given by the department to pay a grant in respect of the development in accordance with an enactment authorising the payment of such grants,

and references in this section to the sanction of a government department shall be construed accordingly.

Duration of planning permissionS

38 Limit of duration of planning permission.S

(1)Subject to the provisions of this section, every planning permission granted or deemed to be granted shall be granted or, as the case may be, be deemed to be granted, subject to the condition that the development to which it relates must be begun not later than the expiration of—

(a)five years beginning with the date on which the permission is granted or, as the case may be, deemed to be granted; or

(b)such other period (whether longer or shorter) beginning with the said date as the authority concerned with the terms of the planning permission may direct, being a period which the authority considers appropriate having regard to the provisions of the development plan and to any other material considerations.

(2)If planning permission is granted without the condition required by subsection (1) of this section, it shall be deemed to have been granted subject to the condition that the development to which it relates must be begun not later than the expiration of five years beginning with the date of the grant.

(3)Nothing in this section applies—

(a)to any planning permission granted by a development order;

[F141(aa)to any planning permission granted by an enterprise zone scheme;]

[F142(ab)to any planning permission granted by a simplified planning zone scheme;]

(b)to any planning permission granted for a limited period;

[F143(bb)to any planning permission for development consisting of the winning and working of minerals which is granted (or deemed to be granted) subject to a condition that the development to which it relates must be begun before the expiration of a specified period after the completion of other development consisting of the winning and working of minerals which is already being carried out by the applicant for the planning permission.]

(c)to any planning permission granted under section 29 of this Act on an application relating to buildings or works completed, or a use of land instituted, before the date of the application; or

(d)to any outline planning permission, as defined by section 39 of this Act.

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 a development order, with the reservation for subsequent approval by the. . . F144 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 [F145before—

(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:

(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.

40 Provisions supplementary to ss. 38 and 39.S

(1)For the purposes of sections 38 and 39 of this Act, development shall be taken to be begun on the earliest date on which any specified operation comprised in the development begins to be carried out.

(2)In subsection (1) of this section “specified operation” means any of the following, that is to say—

(a)any work of construction in the course of the erection of a building;

(b)the digging of a trench which is to contain the foundations, or part of the foundations, of a building;

(c)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 the last preceding paragraph;

(d)any operation in the course of laying out or constructing a road or part of a road;

(e)any change in the use of any land, where that change constitutes material development.

(3)In subsection (2)(e) of this section “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 falling within any of paragraphs 1, 2, 3 and 5 to 9 of Schedule 6 to this Act, as read with Part III of that Schedule; and

(c)development of any class prescribed for the purposes of this subsection;

and in this subsection “general development order” means a development order made as a general order applicable (subject to such exceptions as may be specified therein) to all land in Scotland.

(4)The authority referred to in sections 38(1)(b) and 39(4) of this Act is the. . . F146 planning authority or the Secretary of State, in the case of planning permission granted by them, and—

(a)in the case of planning permission under section 37 of this Act is the department on whose direction planning permission is deemed to be granted; and

(b)in the case of planning permission granted on an appeal determined, under paragraph 1 or 4 of Schedule 7 to this Act, by a person appointed by the Secretary of State to determine the appeal, is that person.

(5)For the purposes of section 39 of this Act, a reserved matter shall be treated as finally approved when an application for approval is granted or, in a case where the application is made to the. . . F146 planning authority and there is an appeal to the Secretary of State against the authority’s decision on the application and the Secretary of State or a person appointed by him under paragraph 1 or 4 of Schedule 7 to this Act to determine the appeal grants the approval, on the date of the determination of the appeal by the Secretary of State or that person.

(6)Where a. . . F146 planning authority grant planning permission, the fact that any of the conditions of the permission are required by the provisions of sections 38 or 39 of this Act to be imposed, or are deemed by those provisions to be imposed, shall not prevent the conditions being the subject of an appeal under section 33 of this Act against the decision of the authority.

(7)In the case of planning permission (whether outline or other) having conditions attached to it by or under section 38 or 39 of this Act—

(a)development carried out after the date by which the conditions of the permission require it to be carried out shall be treated as not authorised by the permission; and

(b)an application for approval of a reserved matter, if it is made after the date by which the conditions require it to be made, shall be treated as not made in accordance with the terms of the permission.

41 Termination of planning permission by reference to time limit.S

(1)The following provisions of this section shall have effect where, by virtue of section 38 or 39 of this Act, a planning permission is subject to a condition that the development to which the permission relates must be begun before the expiration of a particular period and that development has been begun within that period but the period has elapsed without the development having been completed.

(2)If the. . . F147 planning authority are of opinion that the development will not be completed within a reasonable period, they may serve a notice (in this section referred to as a “completion notice”) stating that the planning permission will cease to have effect at the expiration of a further period specified in the notice, being a period of not less than twelve months after the notice takes effect.

(3)a completion notice—

(a)shall be served on the owner and on the occupier of the land and on any other person who in the opinion of the. . . F147 planning authority will be affected by the notice; and

(b)shall take effect only if and when it is confirmed by the Secretary of State, who may in confirming it substitute some longer period for that specified in the notice as the period at the expiration of which the planning permission is to cease to have effect.

(4)If, within such period as may be specified in a completion notice (not being less than twenty-eight days from the service thereof) any person on whom the notice is served so requires, the Secretary of State, before confirming the notice, shall afford to that person and to the. . . F147 planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(5)If a completion notice takes effect, the planning permission therein referred to shall at the expiration of the period specified in the notice, whether the original period specified under subsection (2) of this section or a longer period substituted by the Secretary of State under subsection (3) of this section, be invalid except so far as it authorises any development carried out thereunder up to the end of that period.

(6)The. . . F147 planning authority may withdraw a completion notice at any time before the expiration of the period specified therein as the period at the expiration of which the planning permission is to cease to have effect; and if they do so they shall forthwith give notice of the withdrawal to every person who was served with the completion notice.

[F14841A Limit of duration of planning permission for winning and working of minerals.S

(1)Every planning permission for development consisting of the winning and working of minerals shall be subject to a condition as to the duration of the development.

(2)Except where a condition is specified under subsection (3) of this section the condition in the case of planning permission granted or deemed to be granted after the date of the commencement of section 24 of the M14Town and Country Planning (Minerals) Act 1981 is that the development must cease not later than the expiration of the period of sixty years beginning with the date of the permission.

(3)An authority granting planning permission after the date of the commencement of the said section 24 or directing after that date that planning permission shall be deemed to be granted may specify a longer or shorter period than sixty years, and if they do so, the condition is that the development must cease not later than the expiration of a period of the specified length beginning with the date of the permission.

(4)A longer or shorter period than sixty years may be prescribed for the purposes of subsections (2) and (3) of this section.

(5)The condition in the case of planning permission granted or the commencement of section 24 of the M15Town and Country Planning (Minerals) Act 1981 is that the development must cease not later than the expiration of the period of sixty years beginning with the date of the commencement of that section.

(6)A condition to which planning permission for development consisting of the winning and working of minerals is subject by virtue of this section is not to be regarded for the purposes of this Act as a condition such as is mentioned in subsection (1)(b) of section 27 of this Act.

(7)Where planning permission for development consisting of the winning and working of minerals is granted by the planning authority, any condition to which it is subject by virtue of this section is to be regarded for the purposes of section 33 of this Act as a condition imposed by a decision of the planning authority, and may accordingly be the subject of an appeal under that section.]

Revocation or modification of planning permissionS

42 Power to revoke or modify planning permission.S

(1)If it appears to the. . . F149 planning authority, having regard to the development plan and to any other material considerations, that it is expedient to revoke or modify any permission to develop land granted on an application made under this Part of this Act, the authority, subject to the following provisions of this section, may by order revoke or modify the permission to such extent as (having regard to those matters) they consider expedient.

(2)Except as provided in section 43 of this Act, an order under this section shall not take effect unless it is confirmed by the Secretary of State; and the Secretary of State may confirm any such order submitted to him either without modification or subject to such modifications as he considers expedient.

(3)Where a. . . F149 planning authority submit an order to the Secretary of State for his confirmation under this section, the authority shall serve notice on the owner, on the lessee and on the occupier of the land affected and on any other person who in their opinion will be affected by the order; and if within such period as may be specified in that notice (not being less than twenty-eight days from the service thereof) any person on whom the notice is served so requires, the Secretary of State, before confirming the order, shall afford to that person and to the. . . F149 planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(4)The power conferred by this section to revoke or modify permission to develop land 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:

[F150(5)An order under this section may include any such aftercare condition as the planning authority think fit if—

(a)it also includes a restoration condition; or

(b)a restoration condition has previously been imposed in relation to the land by virtue of any provision of this Act.

(6)Subsections (3) to (19) of section 27A of this Act shall apply in relation to an aftercare condition so imposed as they apply in relation to such a condition imposed under that section.]

43 Unopposed revocation or modification.S

(1)The following provisions shall have effect where the. . . F151 planning authority have made an order under section 42 of this Act but have not submitted the order to the Secretary of State for confirmation by him, and—

(a)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 the order;. . . F152.

(2)The authority shall advertise in the prescribed manner the fact that the order has been made, and the advertisement shall specify—

(a)the period (not being less than twenty-eight days from the date on which the advertisement first appears) within which persons affected by the order may give notice to the Secretary of State that they wish for an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose; and

(b)the period (not being less than fourteen days from the expiration of the period referred to in paragraph (a) of this subsection) 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 and 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)(a) of this section,. . . F152.

(4)The authority shall send a copy of any advertisement published under subsection (2) of this section to the Secretary of State, not more than three days after the publication.

(5)If within the period referred to in subsection (2)(a) of this section no person claiming to be affected by the order has given notice to the Secretary of State as aforesaid, and the Secretary of State has not directed that the order be submitted to him for confirmation, the order shall, at the expiration of the period referred to in subsection (2)(b) of this section, take effect by virtue of this section and without being confirmed by the Secretary of State as required by section 42(2) of this Act.

(6)This section does not apply to an order revoking or modifying a planning permission granted or deemed to have been granted by the Secretary of State under this Part of this Act or under Part IV or V thereof; nor does it apply to an order modifying any conditions to which a planning permission is subject by virtue of section 38 or 39 of this Act.

Reference of certain matters to Planning Inquiry Commission or independent tribunalU.K.

44 Constitution of Planning Inquiry Commission.S

(1)The Secretary of State may constitute a Planning Inquiry Commission to inquire into and report on any matter referred to them under section 45 of this Act.

(2)Any such commission shall consist of a chairman and not less than two nor more than four other members appointed by the Secretary of State.

(3)The Secretary of State may pay to the members of any such commission such remuneration and allowances as he may with the consent of [F153the Treasury] determine, and may provide for each such commission such officers or servants, and such accommodation, as appears to him expedient to provide for the purpose of assisting the commission in the discharge of their functions.

(4)The validity of any proceedings of any such commission shall not be affected by any vacancy among the members of the commission or by any defect in the appointment of any member.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F154

45 References to a Planning Inquiry Commission. S

(1)The following matters may, in the circumstances mentioned in subsection (2) of this section, be referred to a Planning Inquiry Commission, that is to say—

(a)an application for planning permission which the Secretary of State has under section 32 of this Act directed to be referred to him instead of being dealt with by a. . . F155 planning authority;

(b)an appeal under section 33 of this Act (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 37 of this Act 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.

(2)Any of the matters mentioned in subsection (1) of this section may be referred to any such 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)there are considerations of national or regional importance which are relevant to the determination of that question and require evaluation, but a proper evaluation thereof cannot be made unless there is a special inquiry for the purpose;

(b)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.

(3)Two or more of the matters mentioned in subsection (1) of this section may be referred to the same commission under this section if it appears to the responsible Minister or Ministers that they relate to proposals to carry out development for similar purposes on different sites.

(4)Where a matter referred to a commission under this section relates to a proposal to carry out development for any purpose at a particular site, the responsible Minister or Ministers may also refer to the commission the question whether development for that purpose should instead be carried out at an alternative site.

(5)The responsible Minister or Ministers shall, on referring a matter to a commission under this section, state in the reference the reasons therefor and may draw the attention of the commission to any points which seem to him or them to be relevant to their inquiry.

(6)a commission inquiring into a matter referred to them under this section shall—

(a)identify and investigate the considerations relevant to, or the technical or scientific aspects of, that matter which in their opinion are relevant to the question whether the proposed development should be permitted to be carried out and assess the importance to be attached to those considerations or aspects;

(b)thereafter, if the applicant, in the case of a matter mentioned in subsection (1)(a), (b) or (c) of this section, or the. . . F155 planning authority in any case so desire, afford to each of them, and, in the case of an application or appeal mentioned in the said subsection (1)(a) or (b), to any person who has made representations relating to the subject matter of the application or appeal which the authority are required to take into account under section 26(2) or (3) of this Act, an opportunity of appearing before and being heard by one or more members of the commission;

(c)report to the responsible Minister or Ministers on the matter referred to them.

(7)Any such commission may, with the approval of the Secretary of State and at his expense, arrange for the carrying out (whether by the commission themselves or by others) of research of any kind appearing to them to be relevant to a matter referred to them for inquiry and report.

(8)Schedule 8 to this Act shall have effect for the construction of references in this section and in section 46 of this Act to “the responsible Minister or Ministers”.

46 Procedure on reference to a Planning Inquiry Commission. S

(1)A reference to a Planning Inquiry Commission of a proposal that development should be carried out by or on behalf of a government department may be made at any time and a reference of any other matter mentioned in section 45 of this Act may be made at any time before, but not after, the determination of the relevant application referred under section 32 of this Act or the relevant appeal under section 33 of this Act or, as the case may be, the giving of the relevant direction under section 37 of this Act, notwithstanding that an inquiry or other hearing has been held into the proposal by a person appointed by any Minister for the purpose.

(2)Notice of the making of a reference to any such commission shall be published in the prescribed manner, and a copy of the notice shall be served on the. . . F156 planning authority for the area in which it is proposed that the relevant development shall be carried out, and—

(a)in the case of an application for planning permission referred under section 32 of this Act or an appeal under section 33 of this Act, on the applicant and any person who has made representations relating to the subject matter of the application or appeal which the authority are required to take into account under section 26(2) or (3) of this Act;

(b)in the case of a proposal that a direction should be given under section 37 of this Act with respect to any development, on the local authority or statutory undertakers applying for sanction to carry out that development.

(3)A Planning Inquiry Commission shall, for the purpose of complying with section 45(6)(b) of this Act, hold a local inquiry; and they may hold such an inquiry, if they think it necessary for the proper discharge of their functions, notwithstanding that neither the applicant nor the. . . F156 planning authority desire an opportunity of appearing and being heard.

(4)Where a Planning Inquiry Commission are to hold a local inquiry under subsection (3) of this section in connection with a matter referred to them, and it appears to the responsible Minister or Ministers, in the case of some other matter falling to be determined by a Minister of the Crown and required or authorised by an enactment other than this section to be the subject of a local inquiry, that the two matters are so far cognate that they should be considered together, he or, as the case may be, they may direct that the two inquiries be held concurrently or combined as one inquiry.

(5)An inquiry held by such a commission under this section shall be treated for the purposes of the M16Tribunals and Inquiries Act 1971 as one held by a Minister in pursuance of a duty imposed by a statutory provision.

(6)Subsections (4) to (9) of section 267 of this Act (power to summon and examine witnesses, and expenses at inquiries) shall apply to an inquiry held under subsection (3) of this section as they apply to an inquiry held under that section.

(7)Subject to the provisions of this section and to any directions given to them by the responsible Minister or Ministers, a Planning Inquiry Commission shall have power to regulate their own procedure.

47 Commissions to inquire into planning matters affecting Scotland and England.U.K.

(1)The Ministers may constitute a Joint Planning Inquiry Commission to inquire into and report on any matter referred to them under this section; and the matters which may be so referred are those which may, under section 45 of this Act or [F157section 101 of the Town and Country Planning Act 1990], be referred to a Planning Inquiry Commission but which appear to the Ministers to involve considerations affecting both Scotland and England.

(2)a Joint Planning Inquiry Commission shall consist of a chairman and not less than two nor more than four other members appointed by the Ministers.

(3)The Ministers may pay to the members of any such commission such remuneration and allowances as they may with the consent of [F158the Treasury] determine, and may provide for each such commission such officers or servants, and such accommodation, as appears to them expedient to provide for the purpose of assisting the commission in the discharge of their functions.

(4)The validity of any proceedings of any such commission shall not be affected by any vacancy among the members of the commission or by any defect in the appointment of any member.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F159

(6)In this section “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; but their functions under subsection (3) of this section may, by arrangements made between them, be exercised by either acting on behalf of both.

(7)Schedule 9 to this Act shall have effect with respect to the Joint Planning Inquiry Commissions and references to them under this section, and with respect to the proceedings of a commission on any such reference.

48 F160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Additional powers of controlS

49 Orders requiring discontinuance of use or alteration or removal of buildings or works.S

(1)If it appears to a. . . F161 planning authority that it is expedient in the interests of the proper planning of their area (including the interests of amenity), regard being had to the development plan and to any other material considerations—

(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,

the. . . F161 planning authority may by order require the dicontinuance of that use, or impose such conditions as may be specified in the order on the continuance thereof, or 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.

[F162(1A)For the purposes of this section development consisting of the winning and working of minerals in, on or under any land is to be treated as a use of that land.

(1B)Subsection (1) of this section shall have effect as if—

(a)the words “or

(c)that any plant or machinery used for the winning and working of minerals should be altered or removed,”were added at the end of paragraph (b); and

(b)the words “or plant or machinery” were inserted after the words “buildings or works”, in the second place where those words occur.

(1C)Where development consisting of the winning and working of minerals is being carried out in, on or under any land, the conditions which an order under this section may impose include a restoration condition.

(1D)An order under this section may include any such aftercare condition as the planning authority think fit if—

(a)it also includes a restoration condition; or

(b)a restoration condition has previously been imposed in relation to the land by virtue of any provision of this Act.

(1E)Subsections (3) to (8) and (11) to (19) of section 27A of this Act shall apply in relation to an aftercare condition imposed under this section as they apply in relation to such a condition imposed under that section.

(1F)In a case where—

(a)the use specified is a use for agriculture; and

(b)the land was in use for agriculture immediately before development consisting of the winning and working of minerals began to be carried out in, on or under it or had previously been used for agriculture and had not been used for any authorised purpose since its use for agriculture ceased; and

(c)the planning authority is aware of or can readily ascertain the physical characteristics of the land when it was last used for agriculture,

the land is brought to the required standard when its physical characteristics are restored, so far as it is practicable to do so, to what they were when it was last used for agriculture.

(1G)In any other case where the use specified is a use for agriculture the land is brought to the required standard when it is reasonably fit for that use.]

(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; and the provisions of section 42 of this Act shall apply in relation to any planning permission granted by an order under this section as they apply in relation to planning permission granted by the. . . F161 planning authority on an application made under this Part of this Act.

(3)The power conferred by subsection (2) of this section shall include power, by an order under this section, to grant planning permission, subject to such conditions as may be specified in the order—

(a)for the retention, on the land to which the order relates, of buildings or works constructed or carried out before the date on which the order was submitted to the Secretary of State; or

(b)for the continuance of a use of that land constituted before that date;

and subsection (3) of section 29 of this Act shall apply to planning permission granted by virtue of this subsection as it applies to planning permission granted in accordance with subsection (2) of that section.

(4)An order under this section 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.

(5)Where a. . . F161 planning authority submit an order to the Secretary of State for his confirmation under this section, that authority shall serve notice on the owner, on the lessee and on the occupier of the land affected, and on any other person who in their opinion will be affected by the order; and if within the period specified in that behalf in the notice (not being less than twenty-eight days from the service thereof) any person on whom the notice is served so requires, the Secretary of State, before confirming the order, shall afford to that person and to the. . . F161 planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(6)Where an order under this section has been confirmed by the Secretary of State, the. . . F161 planning authority shall serve a copy of the order on the owner, on the lessee and on the occupier of the land to which the order relates.

(7)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. . . F161 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.

(8)In the case of planning permission granted by an order under this section, the authority referred to in sections 38(1)(b) and 39(4) of this Act is the. . . F161 planning authority making the order.

[F16349A Prohibition of resumption of winning and working of minerals.S

(1)Where it appears to the planning authority—

(a)that development consisting of the winning and working of minerals has been carried out in, on or under any land; but

(b)that it has permanently ceased,

the planning authority may by order—

(i)prohibit the resumption of such development; and

(ii)impose, in relation to the site, any such requirement as is specified in subsection (3) of this section.

(2)The planning authority may assume that development consisting of the winning and working of minerals has permanently ceased only when—

(a)no such development has been carried out to any substantial extent anywhere in, on or under the site of which the land forms part for a period of at least two years; and

(b)it appears to the planning authority on the evidence available to them at the time when they make the order, that resumption of such development in, on or under the land is unlikely.

(3)The requirements mentioned in subsection (1) of this section are—

(a)a requirement to alter or remove plant or machinery which was used for the purpose of the winning and working of minerals or for any purpose ancillary to that purpose;

(b)a requirement to take such steps as may be specified in the order, within such period as may be so specified, for the purpose of removing or alleviating any injury to amenity which has been caused by the winning and working of minerals, other than injury due to subsidence caused by underground mining operations;

(c)a requirement that any condition subject to which planning permission for development consisting of the winning and working of minerals was granted or which has been imposed by virtue of any provision of this Act shall be complied with; and

(d)a restoration condition.

(4)An order under this section may include any such aftercare condition as the planning authority think fit if—

(a)it also includes a restoration condition;

or

(b)a restoration condition has previously been imposed in relation to the site by virtue of any provision of this Act.

(5)Subsections (3) to (8) and (11) to (19) of section 27A of this Act shall apply in relation to an after-care condition imposed under this section as they apply in relation to such a condition imposed under that section.

(6)In a case where—

(a)the use specified is a use for agriculture; and

(b)the land was in use for agriculture immediately before development consisting of the winning and working of minerals began to be carried out in, on or under it or had previously been used for agriculture and had not been used for any authorised purpose since its use for agriculture ceased; and

(c)the planning authority is aware of or can readily ascertain the physical characteristics of the land when it was last used for agriculture,

the land is brought to the required standard when its physical characteristics are restored, so far as it is practicable to do so, to what they were when it was last used for agriculture.

(7)In any other case where the use specified is a use for agriculture the land is brought to the required standard when it is reasonably fit for that use.

(8)An order under this section 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.

(9)Where a planning authority submit an order under this section to the Secretary of State for his confirmation under this section, that authority shall serve notice of the order on any person who is an owner or occupier of any of the land to which the order relates, and on any other person who in their opinion will be affected by the order; and if within the period specified in that behalf in the notice (not being less than twenty-eight days from the service thereof) any person on whom the notice is served so requires, the Secretary of State, before confirming the order, shall afford to that person and to the planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for that purpose.

(10)Where an order under this section has been confirmed by the Secretary of State, the planning authority shall serve a copy of the order on every person who was entitled to be served with notice under subsection (9) of this section.

(11)On an order under this section taking effect any planning permission for the development to which the order relates shall cease to have effect but without prejudice to the power of the planning authority, on revoking the order, to make a further grant of planning permission for development consisting of the winning and working of minerals.]

[49BF164Orders after suspension of winning and working of minerals.S

(1)Where it appears to the planning authority—

(a)that development consisting of the winning and working of minerals has been carried out in, on or under any land; but

(b)that it has been temporarily suspended,

the planning authority may by order (in this Act referred to as a “suspension order”) require that steps shall be taken for the protection of the environment.

(2)The planning authority may assume that development consisting of the winning and working of minerals has been temporarily suspended only when—

(a)no such development has been carried out to any substantial extent anywhere in, on or under the site of which the land forms part for a period of at least twelve months; but

(b)it appears to the planning authority, on the evidence available to them at the time when they make the order, that a resumption of such development in, on or under the land is likely.

(3)In this Act “steps for the protection of the environment” means steps for the purpose—

(a)of preserving the amenities of the area in which the land in, on or under which the development was carried out is situated during the period while operations for the winning and working of minerals in, on or under it are suspended;

(b)of protecting that area from damage during that period; or

(c)of preventing any deterioration in the condition of the land during that period.

(4)A suspension order shall specify a period, commencing with the date on which it is to take effect, within which any step required for the protection of the environment is to be taken, and may specify different periods for the taking of different steps.

(5)At any time when a suspension order is in operation the planning authority may by order (in this Act referred to as a “supplementary suspension order”) direct—

(a)that steps for the protection of the environment shall be taken in addition to or in substitution for any of the steps which the suspension order or a previous supplementary suspension order specified as required to be taken; or

(b)that the suspension order or any supplementary suspension order shall cease to have effect.]

[49CF165Confirmation and coming into operation of suspension orders.S

(1)Without prejudice to section 49D of this Act, a suspension order or supplementary suspension order (other than a supplementary suspension order revoking a suspension order or a previous supplementary suspension order and not requiring that any fresh step shall be taken for the protection of the environment) shall not take effect until it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient

(2)Subsection (9) of section 49A of this Act shall have effect in relation to a suspension order or supplementary suspension order submitted to the Secretary of State for his confirmation as it has effect in relation to an order submitted to him for his confirmation under that section.

(3)Where a suspension order or supplementary suspension order has been confirmed by the Secretary of State, the planning authority shall serve a copy of the order on every person who was entitled to be served with notice by virtue of subsection (2) of this section.]

[49DF166Registration of suspension orders.S

No order under section 49A or 49B of this Act shall take effect until it is registered either—

(a)in a case where the land affected by the order is registered in that Register, in the Land Register of Scotland, or

(b)in any other case, in the appropriate division of the General Register of Sasines.]

[49EF167Reviews of suspension orders.S

(1)It shall be the duty of a planning authority—

(a)to undertake in accordance with the following provisions of this section reviews of suspension orders and supplementary suspension orders which are in operation in their area; and

(b)to determine whether they should make, in relation to any land to which a suspension order or supplementary suspension order applies—

(i)an order under section 49A of this Act; or

(ii)a supplementary suspension order.

(2)The first review of a suspension order shall be undertaken not more than five years from the date on which the order takes effect.

(3)Each subsequent review shall be undertaken not more than five years after the previous review.

(4)If a supplementary suspension order is in operation for any part of the area for which a suspension order is in operation, they shall be reviewed together.

(5)If a planning authority have made a supplementary suspension order which requires the taking of steps for the protection of the environment in substitution for all the steps required to be taken by a previous order under section 49B of this Act, the authority shall undertake reviews of the supplementary suspension order in accordance with subsections (6) and (7) of this section.

(6)The first review shall be undertaken not more than five years from the date on which the order takes effect.

(7)Each subsequent review shall be undertaken not more than five years after the previous review.

(8)The duty to undertake reviews imposed by this section is in addition to and not in substitution for the duties imposed by section 251A of this Act.]

[49FF168Resumption of winning and working of minerals after suspension order.S

(1)Nothing in a suspension order or a supplementary suspension order shall prevent the recommencement of development consisting of the winning and working of minerals in, on, or under the land in relation to which the order is in effect; but no person shall recommence such development without first giving the planning authority notice of his intention to do so.

(2)A notice under subsection (1) of this section shall specify the date on which the person giving the notice intends to recommence development consisting of the winning and working of minerals.

(3)The planning authority shall revoke the order if development consisting of the winning and working of minerals has recommenced to a substantial extent in, on or under the land in relation to which the order is in effect.

(4)If the authority do not revoke the order before the end of the period of two months from the date specified in the notice under subsection (1) of this section, the person who gave that notice may apply to the Secretary of State for the revocation of the order.

(5)Notice of an application under subsection (4) of this section shall be given by the applicant to the planning authority.

(6)If he is required to do so by the person who gave the notice or by the planning authority, the Secretary of State, before deciding whether or not to revoke the order, shall afford to that person and to the planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(7)If the Secretary of State is satisfied that development consisting of the winning and working of minerals in, on or under the land has recommenced to a substantial extent, he shall revoke the order.

(8)If the Secretary of State revokes an order by virtue of subsection (7) of this section, he shall give notice of its revocation to the person who applied to him for the revocation and to the planning authority.]

[49GF169Powers of regional planning authorities regarding orders under sections 49A or 49B.S

The provisions of section 181 of the M17Local Government (Scotland) Act 1973 shall apply in relation to the provisions of sections 49A and 49B of this Act as they apply in relation to the provisions of sections 42 and 49 of this Act.]

50 Agreements regulating development or use of land.S

(1)A. . . F171 planning authority may enter into an agreement with any person interested in land in their area (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; and any such agreement may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the. . . F171 planning authority to be necessary or expedient for the purposes of the agreement.

(2)An agreement made under this section with any person interested in land, may, if the agreement shall have been recorded in the appropriate Register of Sasines, be enforceable at the instance of the. . . F171 planning authority against persons deriving title to the land from the person with whom the agreement was entered into:

(3)Nothing in this section or in any agreement made thereunder 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) of this subsection.

[F172(4)In this section “planning authority” includes a regional planning authority.]

Determination whether planning permission requiredS

51 Applications to determine whether planning permission required. S

(1)If any person who proposes to carry out any operations on land, or to make any change in the use of land, wishes to have it determined whether the carrying out of those operations, or the making of that change, would constitute or involve development of the land [F173and, if so, whether an application for planning permission in respect thereof is required under this Part of this Act, having regard to the provisions of the development order and of any enterprise zone scheme [F174or simplified planning zone scheme]], he may, either as part of an application for planning permission, or without any such application, apply to the. . . F175 planning authority to determine that question.

(2)The provisions of sections 21, 26(1), 28(1), 31(2) and (4) and 32 to 34 of this Act shall, subject to any necessary modifications, apply in relation to any application under this section, and to the determination thereof, as they apply in relation to applications for planning permission and to the determination of such applications.

(3)Where it is decided by the Secretary of State under any of the said provisions that any operations or use to which an application under this section relates would constitute or involve development, that decision shall not be final for the purposes of any appeal under the provisions of this Act relating to the enforcement of planning control, in relation to those operations or that use.

Part IVS Additional Control in Special Cases

Buildings of special architectural or historic interestS

52 Lists of buildings of special architectural or historic interest.S

(1)For the purposes of this Act and with a view to the guidance of. . . F176 planning authorities in the performance of their functions under this Act in relation to buildings of special architectural or historic interest, the Secretary of State shall compile lists of such buildings, or approve, with or without modifications, such lists compiled by other persons or bodies of persons, and may amend any list so compiled or approved.

(2)In considering whether to include a building in a list compiled or approved under this section, the Secretary of State may take into account not only the building itself but also—

(a)any respect in which its exterior contributes to the architectural or historic interest of any group of buildings of which it forms part; and

(b)the desirability of preserving, on the ground of its architectural or historic interest, any feature of the building consisting of a man-made object or structure fixed to the building or forming part of the land and comprised within the curtilage of the building.

(3)Before compiling or approving, with or without modifications, any list under this section, or amending any list thereunder the Secretary of State shall consult with such persons or bodies of persons as appear to him appropriate as having special knowledge of, or interest in, buildings of architectural or historic interest.

(4)As soon as may be after any list has been compiled or approved under this section, or any amendments of such a list have been made, a copy of so much of the list as relates to the district of [F177any regional, general or district planning authority within the meaning of Part IX of the M18Local Government (Scotland) Act 1973] or the local authority for the purposes of the Housing (Scotland) Acts 1966 to 1969, or of so much of the amendments as relates thereto, as the case may be, certified by or on behalf of the Secretary of State to be a true copy thereof, shall be deposited with the clerk of that authority.

(5)As soon as may be after the inclusion of any building in a list under this section, whether on the compilation or approval of the list or by the amendment thereof, or as soon as may be after any such list has been amended by the exclusion of any building therefrom, the. . . F176 planning authority concerned in whose district the building is situated, on being informed of the fact by the Secretary of State, shall serve a notice in the prescribed form on every owner, lessee and occupier of the building, stating that the building has been included in, or excluded from, the list, as the case may be.

(6)The Secretary of State shall keep available for public inspection, free of charge at reasonable hours and at a convenient place, copies of all lists and amendments of lists compiled, approved or made by him under this section; and every authority with whose clerk copies of any list or amendments are deposited under this section shall similarly keep available copies of so much of any such list or amendment as relates to buildings within their area.

(7)In this Act “listed building” means a building which is for the time being included in a list compiled or approved by the Secretary of State under this section; [F178and, for the purposes of the provisions of this Act relating to listed buildings and building preservation notices, the following shall be treated as part of the building—

(a)any object or structure fixed to the building;

(b)any object or structure within the curtilage of the building which, although not fixed to the building, forms part of the land and has done so much before 1st July 1948.]

(8)Every building which immediately before 3rd August 1970 was subject to a building preservation order under section 27 of the Act of 1947 but was not then included in a list compiled or approved under section 28 of that Act, shall be deemed to be a listed building; but the Secretary of State may at any time direct, in the case of any building, that this subsection shall no longer apply to it and the. . . F176 planning authority in whose district the building is situated, on being notified of the Secretary of State’s direction, shall give notice of it to the owner, lessee and occupier of the building.

(9)Before giving a direction under subsection (8) of this section in relation to a building, the Secretary of State shall consult with the. . . F176 planning authority and with the owner, lessee and occupier of the building.

53 Control of works for demolition, alteration or extension of listed buildings S

(1)Subject to this Part of this Act, if a person executes or causes to be executed any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest, and the works are not authorised under [F179subsection (2) of this section], he shall be guilty of an offence.

(2)Works for the demolition of a listed building, or for its alteration or extension, are authorised under this Part of this Act [F180only] if—

(a)the. . . F181 planning authority or the Secretary of State have granted written consent [F180(in this Act referred to as “listed building consent”)] for the execution of the works and the works are executed in accordance with the terms of the consent and of any conditions attached to the consent under section 54 of this Act; and

(b)in the case of demolition, notice of the proposal to execute the works has been given to the Royal Commission and thereafter either—

(i)for a period of at least three months following the grant of listed building consent, and before the commencement of the works, reasonable access to the building has been made available to members or officers of the Commission for the purpose of recording it; or

(ii)the Commission have, by their Secretary or other officer of theirs with authority to act on the Commission’s behalf for the purposes of this section, stated in writing that they have completed their recording of the building or that they do not wish to record it.

[F182(2A)If written consent is granted by the planning authority or the Secretary of State for the retention of works for the demolition, alteration or extension of a listed building which have been executed without consent under subsection (2) of this section, the works are authorised under this Part of this Act from the grant of the consent under this subsection.]

(3)In subsection (2) of this section “the Royal Commission” means the Royal Commission on the Ancient and Historical Monuments of Scotland; but the Secretary of State may, by order provide that the said subsection shall, in the case of works executed or to be executed on or after such date as may be specified in the order, have effect with the substitution for the reference to the Royal Commission of a reference to such other body as may be so specified.

[F183(3A)Consent under subsection (2) or (2A) of this section is referred to in this Part of this Act as “building consent”.]

(4)Without prejudice to subsection (1) of this section, if a person executing or causing to be executed any works in relation to a listed building under a listed building consent fails to comply with any condition attached to the consent [F184under section 54 of this Act], he shall be guilty of an offence.

(5)a person guilty of an offence under this section shall be liable—

(a)on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding £250, or both; or

(b)on conviction on indictment to imprisonment for a term not exceeding twelve months or a fine, or both;

and, in determining the amount of any fine to be imposed on a person convicted on indictment, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

[F185(6)In proceedings for an offence under this section it shall be a defence to prove the following matters—

(a)that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building;

(b)that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter;

(c)that the works carried out were limited to the minimum measures immediately necessary, and

(d)that notice in writing justifying in detail the carrying out of the works was given to the planning authority as soon as reasonably practicable.]

54 Provisions supplementary to s. 53.S

(1)Section 53 of this Act shall not apply to works for the demolition, alteration or extension of—

(a)an ecclesiastical building which is for the time being used for ecclesiastical purposes or would be so used but for the works; or

[F186(b)a building for the time being included in the Schedule of monuments compiled and maintained under section 1 of the M19Ancient Monuments and Archaeological Areas Act 1979].

For the purposes of this subsection, a building used or available for use by a minister of religion wholly or mainly as a residence from which to perform the duties of his office shall be treated as not being an ecclesiastical building.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F187

(3)In considering whether to grant planning Permission for development which [F188affects a listed building or its setting], and in considering whether to grant listed building consent for any works, the. . . F189 planning authority or the Secretary of State, as the case may be, shall have special regard to the desirability of preserving the building [F190or its setting] or any features of special architectural or historic interest which it possesses.

[F191(4)Listed building consent may be granted subject to conditions; and, without prejudice to the generality of the foregoing provisions of this subsection, the conditions may] include conditions with respect to—

(a)the preservation of particular features of the building, either as part of it or after severance therefrom;

(b)the making good, after the works are completed, of any damage caused to the building by the works;

(c)the reconstruction of the building or any part of it following the execution of any works, with the use of original materials so far as practicable and with such alterations of the interior of the building as may be specified in the conditions.

[F192(4A)Listed building consent may be granted subject to a condition reserving specified details of the works (whether or not set out in the application) for subsequent approval by the planning authority or, in the case of consent granted by the Secretary of State, specifying whether the reserved details are to be approved by the planning authority or by him.]

[F193(5)In granting a listed building consent a planning authority may attach to the consent a condition that no demolition of the listed building shall take place until either or both of the following requirements have been met—

(a)an agreement for the regulation of the development of the site of the listed building has been made and recorded under section 50 of this Act;

(b)the planning authority are satisfied that contracts have been placed either—

(i)for the redevelopment of the site; or

(ii)for its conversion to an acceptable open space,

in accordance with a current planning permission.]

(6)Part I of Schedule 10 to this Act shall have effect with respect to applications to. . . F189 planning authorities for listed building consent, the reference of such applications to the Secretary of State and appeals against decisions on such applications; and Part II of that Schedule shall have effect with respect to the revocation of listed building consent by a. . . F189 planning authority or the Secretary of State.

[F19454A Limit on duration of listed building consent.S

(1)Any listed building consent granted after the commencement of this section shall be granted subject to a condition that works permitted by that consent shall be commenced within such period as the planning authority may specify in the consent.

(2)If no time limit is specified in any grant of listed building consent under subsection (1) above, the grant shall be deemed to have been made subject to a condition that works in terms thereof shall be commenced with 5 years from the date of the grant.

(3)Any grant of listed building consent made prior to 1st January 1980 which does not contain such a condition as is mentioned in subsection (1) above shall be deemed to have been granted subject to a condition that works in terms thereof shall be commenced within 3 years of the commencement of this section.

(4)Any grant of listed building consent made on or after 1st January 1980 but before the commencement of this section which does not contain such a condition as is mentioned in subsection (1) above shall be deemed to have been made subject to a condition that works in terms thereof shall be commenced within 5 years of the commencement of this section.]

[F195(5)Nothing in this section applies to any consent to the retention of works granted under section 53(2A) of this Act.]]

54B [F196Date of listed building consent.S

The date of the granting or of the refusal of an application for listed building consent shall be the date on which the notice of the planning authority’s decision bears to have been signed on behalf of the authority.

[F19754C Intimation of notices etc. affecting listed buildings.S

(1)Subject to subsection (2) below, where a local authority—

(a)have, under or by virtue of any enactment, served a notice requiring any person to show cause why a listed building should not conform to the building regulations; or

(b)have, under or by virtue of any enactment, served a notice or made an order requiring—

(i)the demolition of such a building; or

(ii)the carrying out of works affecting such a building; or

(c)propose (whether under or by virtue of any enactment or otherwise) to carry out emergency works or demolitions affecting such a building,

they shall forthwith give written intimation of the notice, order, or proposal, as the case may be, to the planning authority:

(2)Where the safety of the public requires that any demolition or works be carried out without such delay as would result from compliance with the provisions of subsection (1) above, the intimation (which may, in such a case, initially be oral) shall be given as long before the commencement of the demolition or works as is consistent with that requirement.]

[F19854D Application for variation or discharge of conditions.S

(1)Any person interested in a listed building with respect to which listed building consent has been granted subject to conditions may apply to the planning authority for the variation or discharge of the conditions.

(2)The application shall indicate what variation or discharge of conditions is applied for and the provisions of Part I of Schedule 10 to this Act apply to such an application as they apply to an application for listed building consent.

(3)On such an application the planning authority or, as the case may be, the Secretary of State may vary or discharge the conditions attached to the consent, and may add new conditions consequential upon the variation or discharge, as they or he think fit.]

55 Acts causing or likely to result in damage to listed buildings.S

(1)Where a building, not being a building excluded by section 54(1) of this Act from the operation of section 53 of this Act, is included in a list compiled or approved under section 52 of this Act, then, if any person who, but for this section, would be entitled to do so, does or permits the doing of any act which causes or is likely to result in damage to the building (other than an act for the execution of excepted works) and he does or permits it with the intention of causing such damage, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F199level 3 on the standard scale].

(2)In subsection (1) of this section “excepted works” means works authorised by planning permission granted or deemed to be granted in pursuance of an application under this Act and works for which listed building consent has been given under this Act.

(3)Where a person convicted of an offence under this section fails to take such reasonable steps as may be necessary to prevent any damage or further damage resulting from the offence, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding [F200£40] for each day on which the failure continues.

56 Building preservation notice in respect of building not listed.S

(1)If it appears to the. . . F201 planning authority, in the case of a building in their district which is not a listed building, that it is of special architectural or historic interest and is in danger of demolition or of alteration in such a way as to affect its character as such, they may (subject to subsection (2) of this section) serve on the owner, lessee and occupier of the building a notice (in this section referred to as a “building preservation notice”)—

(a)stating that the building appears to them to be of special architectural or historic interest and that they have requested the Secretary of State to consider including it in a list compiled or approved under section 52 of this Act; and

(b)explaining the effect of subsections (3) and (4) of this section.

(2)a building preservation notice shall not be served in respect of an excepted building, that is to say—

(a)an ecclesiastical building which is for the time being used for ecclesiastical purposes; or

[F202(b)a building for the time being included in the Schedule of monuments compiled and maintained under section 1 of the M20Ancient Monuments and Archaeological Areas Act 1979].

For the purposes of this subsection, a building used or available for use by a minister of religion wholly or mainly as a residence from which to perform the duties of his office shall be treated as not being an ecclesiastical building.

(3)a building preservation notice shall come into force as soon as it has been served on the owner, lessee and occupier of the building to which it relates and shall remain in force for six months from the date when it is served or, as the case may be, last served; but it shall cease to be in force if, before the expiration of that period, the Secretary of State either includes the building in a list compiled or approved under section 52 of this Act or notifies the. . . F201 planning authority in writing that he does not intend to do so.

(4)While a building preservation notice is in force with respect to a building, the provisions of this Act (other than section 55) shall have effect in relation to it as if the building were a listed building; and if the notice ceases to be in force (otherwise than by reason of the building being included in a list compiled or approved under the said section 52), the provisions of Part III of Schedule 10 to this Act shall have effect with respect to things done or occurring under the notice or with reference to the building being treated as listed.

(5)If, following the service of a building preservation notice, the Secretary of State notifies the. . . F201 planning authority that he does not propose to include the building in a list compiled or approved under section 52 of this Act, the authority—

(a)shall forthwith give notice of the Secretary of State’s decision to the owner, lessee and occupier of the building; and

(b)shall not, within the period of twelve months beginning with the date of the Secretary of State’s notification, serve another such notice in respect of the said building.

(6)If it appears to the. . . F201 planning authority to be urgent that a building preservation notice should come into force, they may, instead of serving the notice on the owner, lessee and occupier of the building to which it relates, affix the notice conspicuously to some object on the building; and this shall be treated for all the purposes of this section and of Schedule 10 to this Act as service of the said notice, in relation to which subsection (1)(b) of this section shall be taken to include a reference to this subsection.

[F20356AA Power to restrict exemption of certain ecclesiastical buildings.S

(1)The Secretary of State may by order provide for restricting or excluding in such cases as may be specified in the order the operation in relation to ecclesiastical buildings of sections 54(1) and 56(2) of this Act (buildings excepted from provisions relating to listed buildings and building preservation notices).

(2)An order under this section may—

(a)make provision for buildings generally, for descriptions of building or for particular buildings;

(b)make different provision for buildings in different areas, for buildings of different religious faiths or denominations or according to the use made of the building;

(c)make such provision in relation to a part of a building (including, in particular, an object or structure falling to be treated as part of the building by virtue of section 52(7) of this Act) as may be made in relation to a building and make different provision for different parts of the same building;

(d)make different provision with respect to works of different descriptions or according to the extent of the works;

(e)make such consequential adaptations or modifications of the operation of any other provision of this Act, or of any instrument made under this Act, as appear to the Secretary of State to be appropriate.

(3)This section is without prejudice to the Church of Scotland Act M211921.]

[F204 Hazardous substances]]S