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Coronavirus (Scotland) Act 2020

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Changes over time for: Cross Heading: Duration of planning permission

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Duration of planning permissionS

8SThe Town and Country Planning (Scotland) Act 1997 applies in accordance with the modifications in paragraphs 9 and 10.

9SSection 58 (duration of planning permission) has effect as if after subsection (3A) there were inserted—

(3B)During the emergency period, a planning permission which otherwise would lapse under subsection (1) or (2) lapses at the end of the extended period, unless, before the end of the extended period, the development to which the permission relates is begun.

(3C)In subsection (3B)—

  • emergency period” means the period of 6 months beginning with the date on which paragraph 9 of schedule 7 of the Coronavirus (Scotland) Act 2020 came into force,

  • extended period” means the period of 12 months beginning with that date.

(3D)The Scottish Ministers may, by regulations, amend the definition of “emergency period” or “extended period” in subsection (3C).

(3E)Regulations under subsection (3D) are subject to the negative procedure..

10SSection 59 (planning permission in principle) has effect as if after subsection (8) there were inserted—

(8A)During the emergency period, a planning permission which otherwise would lapse under subsection (4) (including by virtue of a direction made under subsection (5)) lapses at the end of the extended period, unless, before the end of the extended period, the development to which the permission relates is begun.

(8B)Where the latest date by which an application would otherwise be required to be made under subsection (2)(a) falls within the emergency period, then that application may be made at any time before the end of the extended period.

(8C)In subsections (8A) and (8B)—

  • emergency period” means the period of 6 months beginning with the date on which paragraph 10 of schedule 7 of the Coronavirus (Scotland) Act 2020 came into force,

  • extended period” means the period of 12 months beginning with that date.

(8D)The Scottish Ministers may, by regulations, amend the definition of “emergency period” or “extended period” in subsection (8C).

(8E)Regulations under subsection (8D) are subject to the negative procedure..

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