The Town and Country Planning (Emergency Period and Extended Period) (Coronavirus) (Scotland) Amendment Regulations 2021

This SSI has been made in consequence of defects in S.S.I. 2021/100 and is being issued free of charge to all known recipients of that instrument.

Scottish Statutory Instruments

2021 No. 142

Town And Country Planning

The Town and Country Planning (Emergency Period and Extended Period) (Coronavirus) (Scotland) Amendment Regulations 2021

Made

at 11.00 a.m. on 15th March 2021

Laid before the Scottish Parliament

at 1.30 p.m. on 15th March 2021

Coming into force

29th March 2021

The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by section 12(9) of the Coronavirus (Scotland) Act 2020(1), section 9(9) of the Coronavirus (Scotland) (No. 2) Act 2020(2) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.  These Regulations may be cited as the Town and Country Planning (Emergency Period and Extended Period) (Coronavirus) (Scotland) Amendment Regulations 2021 and come into force on 29 March 2021.

Amendment of the Town and Country Planning (Emergency Period and Extended Period) (Coronavirus) (Scotland) Regulations 2021

2.—(1) The Town and Country Planning (Emergency Period and Extended Period) (Coronavirus) (Scotland) Regulations 2021(3) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 4 (saving provisions – planning permission)—

(a) in paragraph (2)(b)—

(i) for “(8A) and (8B)” substitute “(8A), (8B) and (8C)”,

(ii) for “58(3A)” substitute “59(8)”,

(b) in paragraph (3) before the definition of “relevant date” insert—

“planning permission” and “planning permission in principle” have the same meaning as in the Act,”.

(3) In regulation 5 (saving provisions – listed building consent)—

(a) in paragraph (1)—

(i) omit “listed building”, and

(ii) for “that date” substitute “the relevant date”.

(b) in paragraph (2)—

(i) before the definition of “relevant date” insert—

““listed building consent” and “conservation area consent” have the same meaning as in the Listed Buildings Act,

“relevant consent” means—

(a)

a listed building consent granted before 30 September 2021,

(b)

a conservation area consent granted before 30 September 2021.”,

(ii) omit the definition of “relevant listed building consent”.

AILEEN CAMPBELL

A member of the Scottish Government

St Andrew’s House,

Edinburgh

At 11.00 a.m. on 15th March 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Town and Country Planning (Emergency Period and Extended Period) (Coronavirus) (Scotland) Regulations 2021 to correct references in regulations 4(2)(b) and 5(1) of those Regulations. Amendments made to regulation 5 of those Regulations ensure that the saving provisions extend to listed building consents and conservation area consents granted before 30 September 2021. Definitions of “planning permission” and “planning permission in principle” are included in regulation 4 and definitions of “listed building consent” and “conservation area consent” are included in regulation 5.

(1)

2020 asp 7.

(2)

2020 asp 10.

(3)

S.S.I. 2021/100.