- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Planning etc. (Scotland) Act 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
(1)For section 34 of the principal Act substitute—
(1)A planning authority are to give notice—
(a)to such persons or categories of person,
(b)in such manner,
(c)for such period, and
(d)on such number of occasions,
as may be prescribed in regulations or in a development order, of such applications mentioned in subsection (2) as are made to the authority.
(2)The applications are—
(a)for planning permission,
(b)for an approval required by a development order,
(c)for a consent, agreement or approval required by a condition imposed on a grant of planning permission, and
(d)for agreement under section 75A(2).
(3)The regulations or development order may—
(a)make provision in relation to the applications generally or in relation to such of those applications as are of a class or classes prescribed in the regulations or order,
(b)make different provision for different classes so prescribed.
(4)No such application is to be determined until after—
(a)the expiry of a period which is to be so prescribed,
(b)any requirement imposed by virtue of this section has been satisfied, and
(c)any sum recoverable from the applicant in respect of costs incurred by the planning authority in giving notice under subsection (1) has been paid to the authority.
(5)For the purposes of this section an applicant is to provide—
(a)to such person or persons,
(b)such information with respect to the application,
as may be so prescribed.
(6)A planning authority are to provide the Scottish Ministers with such information relating to the exercise by the authority of functions under this section (whether in relation to applications generally or in relation to a particular application or class of application) as the Scottish Ministers may request from them.”.
(2)In section 38(1) of that Act (consultation in connection with determination of applications)—
(a)for the words “to which section 34(1) applies” substitute “ mentioned in section 34(2) ”, and
(b)for the words “(1)(h)” substitute “ (4)(a) ”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: