Town and Country Planning (Scotland) Act 1997

[F1 34 Notice by planning authority of certain applications made to them S

(1) A planning authority are to give notice—

(a) to such persons or categories of person,

(b) in such manner,

(c) for such period, and

(d) on such number of occasions,

as may be prescribed in regulations or in a development order, of such applications mentioned in subsection (2) as are made to the authority.

(2) The applications are—

(a) for planning permission,

(b) for an approval required by a development order,

(c) for a consent, agreement or approval required by a condition imposed on a grant of planning permission, and

(d) for [F2 modification or discharge of a planning obligation] under section 75A(2).

[F3 (2A) Where an application under subsection (2) is for a major development, a planning authority must give notice of the application to each—

(a) councillor of the local authority,

(b) member of the Scottish Parliament,

(c) member of the House of Commons,

representing the district to which the application relates.]

(3) The regulations or development order may—

(a) make provision in relation to the applications generally or in relation to such of those applications as are of a class or classes prescribed in the regulations or order,

(b) make different provision for different classes so prescribed.

(4) No such application is to be determined until after—

(a) the expiry of a period which is to be so prescribed,

(b) any requirement imposed by virtue of this section has been satisfied, and

(c) any sum recoverable from the applicant in respect of costs incurred by the planning authority in giving notice under subsection (1) has been paid to the authority.

(5) For the purposes of this section an applicant is to provide—

(a) to such person or persons,

(b) such information with respect to the application,

as may be so prescribed.

(6) A planning authority are to provide the Scottish Ministers with such information relating to the exercise by the authority of functions under this section (whether in relation to applications generally or in relation to a particular application or class of application) as the Scottish Ministers may request from them.]

Textual Amendments

F1 S. 34 substituted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 10(1), 59(2) (with S.S.I. 2009/222, art. 15); S.S.I. 2008/411, art. 2(2)(3)(a); S.S.I. 2009/219, art. 2, sch.

F2 Words in s. 34(2)(d) substituted (18.11.2020) by Planning (Scotland) Act 2019 (asp 13), ss. 37(2), 63(2); S.S.I. 2020/294, reg. 2 (with reg. 3)

F3 S. 34(2A) inserted (1.3.2020) by Planning (Scotland) Act 2019 (asp 13), ss. 23(2), 63(2); S.S.I. 2019/377, reg. 3 (with reg. 11)