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Planning etc. (Scotland) Act 2006

Section 6 – Initiation and completion of development

63.Subsection (1) inserts new section 27A, “Notification of initiation of development”, into the 1997 Act. The provisions require the developer to inform the planning authority when development is to be commenced. The planning authority are to issue a notice to the applicant informing them of the requirement. Section 27A also allows for Ministers to prescribe further information to be contained in the notice.

64.Subsection (1) also inserts new section 27B “Notification of completion of development”, into the 1997 Act. This subsection contains provisions requiring the planning authority to be informed by the developer when development has been completed. Where the development is to be carried out in phases, the planning authority are to impose a condition on the planning permission requiring the developer to inform the planning authority of the completion of each phase.

65.Subsection (1)also inserts new section 27C “Display of notice while development is carried out” into the 1997 Act. This section requires a developer carrying out certain types of development to display a notice containing certain information regarding the development. The types of development for which a notice is required and the information to be displayed will be prescribed in secondary legislation. Ministers may also set out in regulations the form of the notice and where it is to be displayed.

66.Subsection (2) makes commencement of development without informing the planning authority of initiation of development a breach of planning control. It also makes carrying out development without displaying a notice in accordance with section 27C a breach of planning control.

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