The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2009

Explanatory Note

(This note is not part of the Regulations)

These Regulations make amendments to the Town and Country Planning (Appeals) (Written Submissions Procedure) (Scotland) Regulations 1990; the Town and Country Planning (Enforcement of Control) (No. 2) (Scotland) Regulations 1992; Town and Country Planning (Appeals) (Scotland) Regulations 2008; the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2008; the Town and Country Planning (Development Planning) (Scotland) Regulations 2008 and the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008.

Regulation 2 amends the Town and Country Planning (Appeals) (Written Submissions Procedure) (Scotland) Regulations 1990 to the effect that they will not apply on or after 3rd August 2009 to appeals in respect of which the procedure is governed by the Town and Country Planning (Appeals) (Scotland) Regulations 2008. Regulation 2(6) makes a transitional provision to ensure that these Regulations continue to apply in respect of appeals made to the Scottish Ministers before that date.

Regulation 3 amends the Town and Country Planning (Enforcement of Control) (No. 2) (Scotland) Regulations 1992. Provisions relating to the content of a statement which is to accompany an appeal to the Scottish Ministers under sections 130 and 180 of the Town and Country Planning (Scotland) Act 1997 (“the 1997 Act”) (previously sections 85 and 63A respectively of the Town and Country Planning (Scotland) Act 1972) are contained in Town and Country Planning (Appeals) (Scotland) Regulations 2008 and regulation 3(2) and (3) amends regulations 5, 6 and 8 of the Regulations to remove references to these proceedings. Regulation 3(6) however continues to apply regulations 6 and 8 in their unamended form to appeals made to the Scottish Ministers before 3rd August 2009. Regulation 3(4) makes provision in relation to information to be placed on the enforcement register in respect of temporary stop notices and notices under section 33A of the 1997 Act.

Regulations 4 to 6 make minor typographical amendments to the Town and Country Planning (Appeals) (Scotland) Regulations 2008; the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2008; the Town and Country Planning (Development Planning) (Scotland) Regulations 2008, respectively.

Regulation 7 amends the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008. Regulation 7(3) amends the definition of “neighbouring land” to make it clear that the land in question is an area or plot of land conterminous with or within 20 metres of the boundary of the land for which development is proposed. Regulation 7(4) amends regulation 13 to ensure that it is consistent with the terms of regulation 10 in not requiring a design and access statement in connection with an application for planning permission in principle. Regulation 7(5) provides that the requirement to publish a newspaper notice in the circumstances specified in regulation 20(1)(c) and (d) only applies in respect of applications for planning permission. Regulation 7(6) amends regulation 27(1) to the effect that a pre determination hearing under section 38A of the 1997 Act will have to be offered in connection with an application for planning permission for a major development which is significantly contrary to the development plan rather than to the local development plan. Regulations 7(7) and (8) make minor alterations to the transitional provisions contained in regulations 45 and 47. Regulation 7(9) amends Schedule 5 to require information regarding deemed refusals of applications under the Environmental Impact Assessment (Scotland) Regulations 1999 to be placed on the planning register.