The Town and Country Planning (Application of Subordinate Legislation to the Crown) (Inquiries Procedure) (Scotland) Order 2006

Explanatory Note

This note is not part of the Order

Part 7 of the Planning and Compulsory Purchase Act 2004 applies the Town and Country Planning Act (Scotland) 1997, the Planning (Listed Buildings and Conservations Areas) (Scotland) Act 1997 and the Planning (Hazardous Substances) (Scotland) Act 1997 to the Crown. As well as applying the planning Acts to the Crown, Part 7 makes provision for national security, urgent Crown development, enforcement, preservation of trees and old mining permissions.

Section 98 of the 2004 Act gives the Scottish Ministers power, by order, to apply to the Crown any subordinate legislation made under or for the purposes of the planning Acts. This Order applies the Town and Country Planning (Inquiries Procedure) (Scotland) Rules (S.I. 1997/796) and the Town and Country Planning Appeals (Determination by Appointed Person) (Inquiries Procedure) (Scotland) Rules 1997 (S.I. 1997/750) to the Crown. This Order modifies various Rules relating to the procedure to be followed at planning inquiries to take account of the new provisions dealing with the appointment of persons to represent the interests of any person who is prevented from hearing or inspecting evidence at a planning inquiry which is subject to a national security direction and the new provision on urgent Crown Development.