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Planning (Scotland) Act 2019
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- 2019 asp 13
- PART 3
- Conditional grant of planning...
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Changes over time for: Cross Heading: Conditional grant of planning permission: noise-sensitive developments
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Planning (Scotland) Act 2019, Cross Heading: Conditional grant of planning permission: noise-sensitive developments is up to date with all changes known to be in force on or before 13 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Part 3 Crossheading Conditional-grant-of-planning-permission-noisesensitive-developments:
- specified provision(s) amendment to earlier commencing S.S.I. 2019/377, reg. 9 by S.S.I. 2019/411 reg. 2
- specified provision(s) amendment to earlier commencing S.S.I. 2021/101, regs. 3, 4 by S.S.I. 2021/291 reg. 2
Conditional grant of planning permission: noise-sensitive developmentsS
25Conditional grant of planning permission: noise-sensitive developmentsS
(1)The Town and Country Planning (Scotland) Act 1997 is amended as follows.
(2)After section 41 insert—
“41AConditional grant of planning permission: noise-sensitive developments
(1)A development that is the subject of an application for planning permission is a “noise-sensitive development” if residents or occupiers of the development are likely to be affected by significant noise from existing activity in the vicinity of the development (a “noise source”).
(2)Without prejudice to the generality of section 41(1), a planning authority—
(a)must, when considering under section 37 whether to grant planning permission for a noise-sensitive development subject to conditions, take particular account of whether the development includes sufficient measures to mitigate, minimise or manage the effect of noise between the development and any existing cultural venues or facilities (including in particular, but not limited to, live music venues), or dwellings or businesses in the vicinity of the development, and
(b)may not, as a condition of granting planning permission for a noise-sensitive development, impose on a noise source additional costs relating to acoustic design measures to mitigate, minimise or manage the effects of noise.”.
Commencement Information
I1S. 25 in force at 20.12.2019 by S.S.I. 2019/377, reg. 2 (with reg. 4)
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