PART 3

Development management

Applications

Pre-application consultation
18
1
The Town and Country Planning (Scotland) Act 1997 is amended as follows.
2
In section 35A (pre-application consultation: preliminary)—
a
in subsection (1A)—
i
the words “to which section 42 applies” become paragraph (a),
ii
after paragraph (a), insert
, or
b
in circumstances specified by the Scottish Ministers in regulations under this section.
,
b
in subsection (3), for “the development is of a class prescribed under subsection (1)” substitute “ compliance with section 35B is required ”,
c
in subsection (5), after “form” insert “ , and have such content, ”,
d
in subsection (9), for “the development is not of a class prescribed under subsection (1)” substitute “ compliance with section 35B is not required ”.
3
In section 35B (pre-application consultation: compliance), in subsection (3), after “weeks” insert “ , but no more than 18 months, ”.
4
In section 35C (pre-application consultation report), in subsection (2), after “form” insert “ and include such content ”.

Assessment of health effects
19
1
The Town and Country Planning (Scotland) Act 1997 is amended as follows.
2
After section 40 insert—

Assessment of health effects
40A
The Scottish Ministers must by regulations make provision about the consideration to be given, before planning permission for a national development or a major development is granted, to the likely health effects of the proposed development.
.

Regulations about procedure for certain applications
20
1
The Town and Country Planning (Scotland) Act 1997 is amended as follows.
2
In section 42 (determination of applications to develop land without compliance with conditions previously attached), for subsection (3), substitute—
3
The Scottish Ministers may by regulations or a development order make special provision as regards the procedure to be followed in connection with such applications.
.

Removal of requirement to recover costs before determining certain applications
21
Section 34(4)(c) of the Town and Country Planning (Scotland) Act 1997 is repealed.

Declining to determine an application
22
1
The Town and Country Planning (Scotland) Act 1997 is amended as follows.
2
In section 39(1) (declining to determine an application), in each of the following paragraphs, for “two” substitute “ 5 ”
a
paragraph (a)(i),
b
paragraph (b)(i),
c
paragraph (c)(i),
d
paragraph (d)(i),
e
paragraph (e)(i).
S. 18(1)(2)(4) in force at 1.12.2019 by S.S.I. 2019/385, reg. 2, sch.
S. 20 in force at 1.12.2019 by S.S.I. 2019/385, reg. 2, sch.
S. 18(3) in force at 1.10.2022 by S.S.I. 2021/101, reg. 3 (with reg. 4) (as amended by S.S.I. 2022/67, regs. 1, 2)
S. 22 in force at 1.10.2022 by S.S.I. 2022/275, reg. 2(2)(a) (with reg. 3)