Explanatory Notes

Planning etc. (Scotland) Act 2006

2006 asp 17

20 December 2006

The Act – Section by Section

Part 3 – Development Management

Section 15 – Additional grounds for declining to determine application for planning permission

96.Subsection (a) amends section 39 of the 1997 Act by substituting new subsections (1) to (1D) for the existing subsection (1).

97.The new subsection (1) sets out the circumstances in which a planning authority may decline to determine an application for planning permission.

98.The new subsections (1A) to (1D) place a duty on the planning authority or the Scottish Ministers to refuse an application for planning permission if the applicant has failed to comply with the pre-application consultation requirements introduced by new section 35B. The authority or the Scottish Ministers are required to inform the applicant of the reason for refusing it but may request additional information from the applicant before doing so. As the Act allows for pre-application requirements to apply to applications which are made directly to the Scottish Ministers under the new “urgent development” procedures introduced on the removal of Crown immunity from planning control, the duties in these new subsections can also apply to the Scottish Ministers.