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Planning etc. (Scotland) Act 2006

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This is the original version (as it was originally enacted).

8Variation of planning applications

This section has no associated Explanatory Notes

After section 32 of the principal Act insert—

Variation of application
32AVariation of application other than one referred to the Scottish Ministers

(1)An application for planning permission (other than an application referred to the Scottish Ministers under section 46 instead of being dealt with by the planning authority) may, with the agreement of the planning authority, be varied after it is made.

(2)And if the planning authority consider the variation to be such that there is a substantial change in the description of the development for which planning permission is sought, they are not to agree to the variation.

(3)Without prejudice to the generality of subsection (1), regulations or a development order may make provision as to the period within which, the circumstances in which and the procedures in accordance with which an application may be varied; but in any event an application is not to be varied after there is an appeal as respects it under section 47.

(4)The planning authority may, when an application is varied under this section, give such notice of the variation as they consider appropriate.

(5)In the case of an application for planning permission made to the Scottish Ministers, this section has effect as if any reference to the “planning authority” (other than the first such reference in subsection (1)) were a reference to the Scottish Ministers.

32BVariation of application referred to the Scottish Ministers

(1)An application for planning permission referred to the Scottish Ministers under section 46 instead of being dealt with by the planning authority may, with the agreement of the Scottish Ministers, be varied after it is made.

(2)And if the Scottish Ministers consider the variation to be such that there is a substantial change in the description of the development for which planning permission is sought, they are not to agree to the variation.

(3)Without prejudice to the generality of subsection (1), regulations or a development order may make provision as to the period within which, the circumstances in which and the procedures in accordance with which an application may be varied.

(4)The Scottish Ministers may, when an application is varied under this section, give such notice of the variation as they consider appropriate..

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