Heat network consent and planning permission
Section 44: Deemed planning permission on granting or modifying heat network consent
101.Section 44 of the Act amends section 57 of the Town and Country Planning (Scotland) Act 1997 and inserts new subsections (2C) and (2D). Subsection (2C) provides that on granting or modifying a heat network consent under section 23(1)(a), 26(1) or on appeal under section 31(2) of the Heat Networks (Scotland) Act 2021, the Scottish Ministers may give a direction for planning permission to be deemed to have been granted, subject to conditions (if any) to be specified in the direction. Planning permission will be granted under subsection (2C) for so much of the operation or change of use to which the consent relates as constitutes development and for any development ancillary to the operation or change of use.
102.Subsection (2D) inserted into section 57 of the Town and Country Planning (Scotland) Act 1997 provides that on modifying a heat network consent under section 26(1) or on appeal under section 31(2) of the Act, the Scottish Ministers may give directions (instead of, or as well as a direction under subsection (2C)) to vary an existing planning permission deemed to be granted under subsection (2C), to vary any conditions attached to an existing planning permission deemed to be granted, and to direct that any consent, agreement or approval given in respect of a condition of a deemed planning permission is to be treated as given in respect of a condition of the new or varied deemed planning permission.
Section 45: Combining applications to local authorities for heat network consent and planning permission
103.Section 45 applies in the event that a person is applying to develop a heat network and must make an application for planning permission and heat network consent to a local authority (in its capacity as a planning authority and appropriate consent authority, respectively).
104.Subsection (3) enables the Scottish Ministers, by regulations, to disapply procedural provisions of the Town and Country Planning (Scotland) Act 1997, and modify the provisions of that Act as they relate to heat network consent applications.
