Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

[F1 23 Publication of notices of applications. S

(1) Subject to subsection (2) below, [F2 regulations under this Act or]a development order may provide, either in relation to applications generally or in relation to applications of a class or classes prescribed in the order, that—

(a) any such application shall have been notified to such persons or classes of person, and in such manner, as may be so prescribed;

(b) any such application shall have been advertised, either in a local newspaper or on the land to which the application relates, or both, in such a manner and for such a period or on such a number of occasions as may be so prescribed;

(c) any newspaper advertisement required by virtue of paragraph (b) above shall be placed by the planning authority to whom the application is made;

(d) the planning authority may recover from the applicant the cost incurred by them in arranging any such advertisement;

(e) any such application shall be accompanied by such certificates as to compliance with the requirements of provisions made under paragraphs (a) and (b) above as may be so prescribed;

(f) the applicant shall furnish, at such time and to such persons as may be so prescribed, such information with respect to the application as may be so prescribed;

(g) no such application shall be entertained unless such further conditions as to payment as may be so prescribed have been complied with;

(h) no such application shall be determined until after the expiry of any period which may be so prescribed.

(2) The applications mentioned in subsection (1) above are—

(a) applications for planning permission;

(b) applications for an approval required by a development order; or

(c) applications for any consent, agreement or approval required by a condition imposed on a grant of planning permission.

(3) If any person knowingly or recklessly—

(a) issues a notification; or

(b) makes advertisement (other than newspaper advertisement); or

(c) supplies a certificate,

which purports to comply with provisions made under subsection (1) above but which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence, and liable on summary conviction to a fine not exceeding [F3 level 3 on the standard scale].]

[F4 (4) A planning authority shall not entertain any application for planning permission unless any requirements imposed by virtue of this section have been satisfied.

(5) Proceedings for an offence under this section may be brought at any time within the period of two years following the commission of the offence.]

Textual Amendments

F1 S. 23 substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), ss. 41, 69(2)

F2 Words in s. 23(1) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13 para. 6(a) (with s. 84(5)); S.I. 1991/2092, art.3

F3 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

F4 S. 23(4)(5) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13 para. 6(b) (with s. 84(5)); S.I. 1991/2092, art.3

Modifications etc. (not altering text)

C1 S. 23 applied (1.1.1997) by 1995 c. 25, s. 96(1), Sch. 13 para. 7(6) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2

S. 23 applied (1.1.1997) by 1995 c. 25, s. 96(1), Sch. 14 para. 6(4) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2

C2 S. 23 extended (1.1.1997) by 1995 c. 25, s. 96(1), Sch. 13 para. 9(4) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2

C3 S. 23(3) extended (1.1.1997) by 1995 c. 25, s. 96(1), Sch. 13 para. 7(6) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2

S. 23(3) extended (1.1.1997) by 1995 c. 25, s. 96(1), Sch. 13 para. 9(4) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2

S. 23(3) extended (1.1.1997) by 1995 c. 25, s. 96(1), Sch. 14 para. 6(4) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2