Draft Order laid before the Scottish Parliament under section 58(5) of the Planning etc. (Scotland) Act 2006, for approval by resolution of the Scottish Parliament.

2013 No.

Town And Country Planning

The Planning etc. (Scotland) Act 2006 (Supplementary and Consequential Provisions) Order 2013

Made2013

Coming into force2nd February 2013

The Scottish Ministers make the following Order in exercise of the powers conferred by section 58(1) and (2) of the Planning etc. (Scotland) Act 20061 and all other powers enabling them to do so.

In accordance with section 58(5)2 of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement1

This Order may be cited as the Planning etc. (Scotland) Act 2006 (Supplementary and Consequential Provisions) Order 2013 and comes into force on 2nd February 2013.

Amendment of the Town and Country Planning (Scotland) Act 19972

1

The Town and Country Planning (Scotland) Act 19973 is amended in accordance with paragraphs (2) to (6).

2

After section 39(2)4 (declining to determine an application) insert—

2A
For the purposes of the application of this section by virtue of section 43A(5)—
a
the references in subsection (1) to an appeal to the Scottish Ministers include a reference to a requirement on the planning authority to review a case by virtue of section 43A(8);
b
the references in that subsection to the dismissal by the Scottish Ministers of an appeal include a reference to the upholding by the planning authority of a determination on review; and
c
the references to an appeal under section 47(2) include a reference to a requirement to review under section 43A(8)(c).

3

In section 43A (local developments: schemes of delegation)—

a

in subsection (5)—

i

after “sections” insert “27A(2), 27B(2), 30(3), 32A5,”;

ii

after “39” insert “, 406”; and

iii

for “and 42” substitute “, 42, 43(1) to (2), 46, 58, 59 and 607”;

b

after subsection (8) insert—

8A
A requirement to review may not be made by virtue of paragraph (c) of subsection (8) if within the period (or extended period) mentioned in that paragraph notice has been given to the applicant that—
a
the power under section 39 to decline to determine the application has been exercised; or
b
the application has been referred to the Scottish Ministers in accordance with directions given under section 46.

4

In section 46(2) (call-in of applications) after paragraph (a) insert—

ab
may relate to an application which is the subject of a review by the planning authority under section 43A(8),

5

In section 59(2)(a)(iii) (planning permission in principle) after “dismissed” insert—

or, where the earlier application is the subject of a review by virtue of section 43A(8), the expiration of 6 months from the date of the notice of the decision to uphold the determination given by virtue of section 43A(11)(e)

6

In section 218(1)8 (applications for planning permission by statutory undertakers)—

a

after paragraph (a) insert “or”; and

b

omit paragraph (c) and the preceding “or”.

NameAuthorised to sign by the Scottish MinistersSt Andrew’s House,EdinburghDate

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the provisions of the Town and Country Planning (Scotland) Act 1997 (“the Act”). The changes are minor supplementary and consequential provisions following from the amendments made to the Act by the Planning etc. (Scotland) Act 2006 (“the 2006 Act”).

Article 2(2) amends section 39(2) of the Act so that the provisions apply in relation to local reviews under section 43A of the Act as they do in relation to appeals made under section 47 of the Act. Article 2(3)(a), (4) and (5) also make amendment to ensure that the Act operates in relation to applications to be determined under schemes of delegation or on review by virtue of section 43A of the Act as it does in relation to other applications or appeals. The amendment made by article 2(3)(b) places the right to require a review under section 43A(8)(c) on the same footing as the right to appeal under section 47(2). Article 2(6) removes section 218(1)(c) of the Act as this is no longer applicable following the repeal of section 133(7) by the 2006 Act.