- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Scottish Statutory Instruments
Town And Country Planning
Made
23rd May 2012
Laid before the Scottish Parliament
25th May 2012
Coming into force
1st July 2012
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 30(1) and (3), 43(1)(c) and 275 of the Town and Country Planning (Scotland) Act 1997(1) and all other powers enabling them to do so.
1.—(1) These Regulations may be cited as the Town and Country Planning (Development Management Procedure) (Scotland) Amendment Regulations 2012 and come into force on 1st July 2012.
(2) Regulation 2 applies only in relation to applications for planning permission made on or after 1st August 2012.
2.—(1) The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008(2) are amended in accordance with paragraphs (2) and (3).
(2) In regulation 3(1) (interpretation) after the definition of “the General Permitted Development Order” insert—
““historic battlefield” means a battlefield which is included in the inventory of battlefields compiled and maintained under section 32B of the Ancient Monuments and Archaeological Areas Act 1979(3);”.
(3) In Schedule 5 after paragraph 5(4) insert—
“(4A) development which may affect a historic battlefield other than where the development consists of—
(a)the alteration or extension of an existing building; or
(b)development within the curtilage of a dwellinghouse for a purpose incidental to the enjoyment of the dwellinghouse;”.
DEREK MACKAY
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
23rd May 2012
(This note is not part of the Regulations)
These Regulations amend the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008. Regulation 2(2) inserts a definition of “historic battlefield”. This relates to the new inventory of historic battlefields compiled and maintained under section 32B of the Ancient Monuments and Archaeological Areas Act 1979. Regulation 2(3) introduces a requirement upon the planning authority to consult the Scottish Ministers in certain cases where an application for planning permission is made for development which may affect a historic battlefield. In terms of regulation 1(2) the requirement to consult applies only to applications for planning permission made on or after 1st August 2012.
1997 c.8. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). Section 275 was amended by section 54(16) of the Planning etc. (Scotland) Act 2008 (asp 17).
S.S.I. 2008/432 to which there are amendments which are not relevant to the changes made by these Regulations.
1979 c.46. Section 32B was inserted by section 11 of the Historic Environment (Amendment) (Scotland) Act 2011 (asp 3).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: