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Town and Country Planning (Scotland) Act 1997
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- 1997 c. 8
- SCHEDULE 9
- Permissions ceasing to have effect
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Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Town and Country Planning (Scotland) Act 1997. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 9 Crossheading Permissions-ceasing-to-have-effect:
Changes and effects
This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- s. 75-75C substituted for s. 75 by 2006 asp 17 s. 23
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act applied by 2006 asp 13 s. 37(1)
- Act applied by 2006 asp 7 s. 74(1)
- Act applied by S.S.I. 2006/269 art. 3(9)
- Act applied by S.S.I. 2007/268 art. 14(5)
- Act applied by S.S.I. 2008/188 art. 53(3)
- Act applied by S.S.I. 2008/189 art. 53(3)
- Act applied by S.S.I. 2008/190 art. 53(3)
- Act applied in part by 2011 asp 2 s. 62(3)
- Act construed as one with SI 1994/2716 reg. 54-67 by virtue of SI 1994/2716 reg. 68(b) (as substituted) by S.I. 2009/2438 art. 6(2)
- Act continued by S.S.I. 2010/60 reg. 10(3)
- Act modified by S.S.I. 2011/347 art. 15(a)
- Blanket amendment text amended by S.I. 2011/1043 art. 3 4
- Blanket amendment text amended by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 1A inserted by 2006 asp 17 s. 1
- Pt. 11A inserted by 2006 asp 17 s. 29
- Pt. 12A inserted by 2006 asp 17 s. 30
- s. 3A(3) modified by S.S.I. 2011/228 Sch. 4 para. 9
- s. 3F inserted by 2009 asp 12 s. 72
- s. 3F power to repeal conferred by 2009 asp 12 s. 73(2)
- s. 26A inserted by 2006 asp 17 s. 5
- s. 26AA applied by S.S.I. 2007/268 art. 14(2)
- s. 26AA inserted by 2006 asp 17 s. 4(1)
- s. 26AB inserted by 2010 asp 5 s. 63(3)
- s. 27A-27C inserted by 2006 asp 17 s. 6(1)
- s. 27A-27C savings for effects of 2006 asp 17 s. 6(1) by S.S.I. 2009/222 art. 2
- s. 31A applied by S.S.I. 2007/268 art. 14(2)
- s. 31A inserted by 2006 asp 17 s. 4(2)
- s. 32A 32B inserted by 2006 asp 17 s. 8
- s. 32A(3) savings for effects of 2006 asp 17 s. 8 by S.S.I. 2009/222 art. 3
- s. 33A inserted by 2006 asp 17 s. 9(1)
- s. 35A-35C inserted by 2006 asp 17 s. 11
- s. 35A(1) savings for effects of 2006 asp 17 s. 11 by S.S.I. 2009/101 art. 2
- s. 35B savings for effects of 2006 asp 17 s. 11 by S.S.I. 2009/101 art. 2
- s. 36A inserted by 2006 asp 17 s. 13
- s. 36A savings for effects of 2006 asp 17 s. 13 by S.S.I. 2009/222 art. 5
- s. 38A inserted by 2006 asp 17 s. 14(1)
- s. 43A 43B inserted by 2006 asp 17 s. 17
- s. 43A(8)(a)(b) savings for effects of 2006 asp 17 s. 17 by S.S.I. 2009/222 art. 7(2)
- s. 43A(8)(c) savings for effects of 2006 asp 17 s. 17 by S.S.I. 2009/222 art. 7(1)(b)
- s. 47A inserted by 2006 asp 17 s. 19(2)
- s. 47A savings for effects of 2006 asp 17 s. 19(2) by S.S.I. 2009/222 art. 9(1)(b)
- s. 75A applied by SSI 2010/431 art. 3(1) (as substituted) by S.S.I. 2011/348 art. 2(2)
- s. 75B applied by SSI 2010/431 art. 3(1) (as substituted) by S.S.I. 2011/348 art. 2(2)
- s. 75C excluded by SSI 2010/431 art. 3(2) (as substituted) by S.S.I. 2011/348 art. 2(2)
- s. 75C savings for effects of 2006 asp 17 s. 23(1) by S.S.I. 2010/431 art. 3
- s. 75D-75G inserted by 2006 asp 17 s. 24
- s. 88A inserted by 2004 c. 5 Sch. 5 para. 1
- s. 116A inserted by 2008 c. 29 s. 176(6)
- s. 136A inserted by 2006 asp 17 s. 25(1)
- s. 144A-144D inserted by 2006 asp 17 s. 26(1)
- s. 145A inserted by 2006 asp 17 s. 25(2)
- s. 158A inserted by 2006 asp 17 s. 27
- s. 161A inserted by 2006 asp 17 s. 28(4)
- s. 241A inserted by 2004 c. 5 s. 90(1)
- s. 242A inserted by 2004 c. 5 s. 92(1)
- s. 242A(11) savings for effects of 2006 asp 17 s. 54(13) by S.S.I. 2009/222 art. 13
- s. 242A(11) text amended by 2006 asp 17 s. 54(13)
- s. 245A inserted by 2004 c. 5 s. 94(2)
- s. 245B inserted by 2004 c. 5 s. 94(3)
- s. 247A inserted by 2004 c. 5 Sch. 5 para. 10(1)
- s. 253A inserted by 2006 asp 17 s. 32
- s. 263A inserted by 2006 asp 17 s. 50
- s. 265A inserted by 2004 c. 5 s. 91(1)
- s. 270A inserted by 2004 c. 5 Sch. 5 para. 14
- s. 270B inserted by 2006 asp 17 s. 51
- s. 271A inserted by 2004 c. 5 Sch. 5 para. 17
- s. 272A inserted by 2004 c. 5 Sch. 5 para. 18
- s. 275A inserted by 2006 asp 17 s. 52(1)
Commencement Orders yet to be applied to the Town and Country Planning (Scotland) Act 1997:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/1900 art. 2 commences (2003 c. 21)
- S.I. 2003/3142 art. 2-4 commences (2002 c. 11 and 2003 c. 21)
- S.I. 2004/2097 art. 2 commences (2004 c. 5)
- S.I. 2006/1281 art. 2-4 commences (2004 c. 5)
- S.I. 2007/2709 art. 2-6 commences (2007 c. 15)
- S.I. 2009/400 art. 2-5 commences (2008 c. 29)
- S.I. 2010/101 art. 2-5 commences (2008 c. 29)
- S.I. 2011/2329 art. 2 3 commences (2011 c. 5)
- S.S.I. 2003/134 art. 2 commences (2003 asp 1)
- S.S.I. 2003/456 art. 2 commences (2000 asp 5)
- S.S.I. 2003/548 art. 2 commences (2003 asp 11)
- S.S.I. 2004/404 art. 2-4 commences (2003 asp 8)
- S.S.I. 2004/495 art. 2 commences (2004 asp 6)
- S.S.I. 2005/17 art. 2 commences (2003 asp 2)
- S.S.I. 2006/101 art. 2 commences ()
- S.S.I. 2006/243 art. 3 commences (2004 c. 5)
- S.S.I. 2006/268 art. 3 commences (2004 c. 5)
- S.S.I. 2007/49 art. 2 Sch. commences (2007 asp 17)
- S.S.I. 2007/50 art. 2 commences (2003 asp 3)
- S.S.I. 2007/130 art. 2 Sch. commences (2006 asp 17)
- S.S.I. 2007/516 art. 2 commences (2007 asp 8)
- S.S.I. 2008/164 art. 2 Sch. commences (2006 asp 17)
- S.S.I. 2008/191 art. 3 amendment to earlier commencing SSI 2008/164
- S.S.I. 2008/245 art. 2 commences (2008 asp 4)
- S.S.I. 2008/411 art. 2 commences (2006 asp 17)
- S.S.I. 2009/100 art. 2 Sch. commences (2006 asp 17)
- S.S.I. 2009/170 art. 2 Sch. commences (2006 asp 17)
- S.S.I. 2009/179 art. 2 commences (2006 asp 17)
- S.S.I. 2009/219 art. 2 Sch. commences (2006 asp 17)
- S.S.I. 2009/341 art. 2 commences (2009 asp 12)
- S.S.I. 2010/400 art. 2 3 Sch. commences (2006 asp 17)
- S.S.I. 2010/401 art. 2-4 commences (2009 asp 6)
- S.S.I. 2010/430 art. 2 commences (2006 asp 17)
- S.S.I. 2011/38 art. 2 Sch. commences (2011 asp 2)
- S.S.I. 2011/58 art. 2 3 commences (2010 asp 5)
- S.S.I. 2011/382 art. 2 commences ()
Permissions ceasing to have effectS
12(1)Subject to paragraph 8(11), where no application under paragraph 9 in respect of an active Phase I or II site has been served on the planning authority by the date specified in the first or, as the case may be, the second list as the date by which applications under that paragraph in respect of that site are to be made, or by such later date as may at any time be agreed upon in writing between the applicant and the authority, each relevant planning permission relating to the site shall cease to have effect, except in so far as it imposes any restoration or aftercare condition, on the day following the last date on which such an application may be made.S
(2)The reference in sub-paragraph (1) to the date specified in the first or, as the case may be, the second list as the date by which applications under paragraph 9 are to be made in respect of any Phase I or II site is a reference to the date specified for that purpose in respect of that site in that list as prepared by the planning authority or, where that date has been varied by virtue of any provision of this Schedule, to that date as so varied.
(3)Subject to sub-paragraph (4), no relevant planning permission which relates to a dormant site shall have effect to authorise the carrying out of minerals development unless—
(a)an application has been made under paragraph 9 in respect of that site, and
(b)that permission has effect in accordance with paragraph 9(5).
(4)A relevant planning permission which relates to a Phase I or II site not included in the first list shall cease to have effect, except in so far as it imposes any restoration or aftercare condition, on the day following the last date on which an application under sub-paragraph (1) of paragraph 6 may be made in respect of that site unless an application has been made under that sub-paragraph by that date in which event, unless the site is added to that list, such a permission shall cease to have effect when the following conditions are met—
(a)the proceedings on that application, including any proceedings on or in consequence of the application under section 239, have been determined, and
(b)any time for appealing under paragraph 6(11) or (12), or applying or further applying under paragraph 6(1), (where there is a right to do so) has expired.
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