The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2011

Scottish Statutory Instruments

2011 No. 138

Town And Country Planning

The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2011

Made

21st February 2011

Laid before the Scottish Parliament

23rd February 2011

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 8(1)(b), 16(2)(b), 32, 38A(1), 43, 43A(10), 75B(3), 75F(3), 131, 267, 275 and 275A of the Town and Country Planning (Scotland) Act 1997(1) and all other powers enabling them to do so.

Citation and commencement S

1.—(1) These Regulations may be cited as the Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2011 and come into force in accordance with paragraphs (2) and (3).

(2) These Regulations (other than regulation 2(5)) come into force on 1st April 2011.

(3) Regulation 2(5) comes into force on 1st October 2011.

Commencement Information

I1 Reg. 1 in force at 1.4.2011, see reg. 1(2)

Amendment of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 S

F1 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 2 revoked (30.6.2013) by The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 (S.S.I. 2013/155), reg. 1, sch. 9 (with regs. 2, 49, 51(2)-(4))

Amendment of the Town and Country Planning (Appeals) (Scotland) Regulations 2008 S

F2 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 3 revoked (30.6.2013) by The Town and Country Planning (Appeals) (Scotland) Regulations 2013 (S.S.I. 2013/156), reg. 1(1), sch. 5 (with reg. 1(2)-(10))

Amendment of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2008 S

F3 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Reg. 4 revoked (30.6.2013) by The Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 (S.S.I. 2013/157), regs. 1(1), 24(2)(c) (with reg. 1(2))

Amendment of the Town and Country Planning (Development Planning) (Scotland) Regulations 2008 S

F4 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Reg. 5 revoked (19.5.2023) by The Town and Country Planning (Development Planning) (Scotland) Regulations 2023 (S.S.I. 2023/101), reg. 1(1), sch. 4

Amendment of the Town and Country Planning (Modification and Discharge of Planning Obligations) (Scotland) Regulations 2010 S

F5 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Reg. 6 revoked (30.6.2013) by The Town and Country Planning (Appeals) (Scotland) Regulations 2013 (S.S.I. 2013/156), reg. 1(1), sch. 5 (with reg. 1(2)-(10))

Amendment of the Town and Country Planning (Modification and Discharge of Good Neighbour Agreement) (Scotland) Regulations 2010 S

F6 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Reg. 7 revoked (30.6.2013) by The Town and Country Planning (Appeals) (Scotland) Regulations 2013 (S.S.I. 2013/156), reg. 1(1), sch. 5 (with reg. 1(2)-(10))

KEITH BROWN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

21st February 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make minor amendments to the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008, the Town and Country Planning (Appeals) (Scotland) Regulations 2008, the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2008, the Town and Country Planning (Development Planning) (Scotland) Regulations 2008, the Town and Country Planning (Modification and Discharge of Planning Obligations) (Scotland) Regulations 2010 and the Town and Country Planning (Modification and Discharge of Good Neighbour Agreement) (Scotland) Regulations 2010. The changes come into force on 1st April 2011 other than the new requirement for the planning authority to consult with the Crofters Commission on the terms of certain planning applications, which comes into force on 1st October 2011.

Regulation 2 amends the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008. Paragraph (2) substitutes a new regulation 27 which clarifies when a planning authority is under a duty to hold a pre-determination hearing. Paragraph (3) amends regulation 28 so as to make the wording consistent with other provisions in the Regulations and to correct a statutory reference. Paragraph (4) amends the provisions relating to the requirement to submit a design statement in connection with an application for planning permission for a marine fish farm in order to align them with similar requirements for development on land. Paragraph (5) introduces a requirement to consult the Crofters Commission in respect of certain planning applications. Paragraph (6) makes a minor change to the form of notice to be issued when refusing an application to clarify the date of commencement of the three month period within which an appeal can be made or a review requested.

Regulation 3 amends the Town and Country Planning (Appeals) (Scotland) Regulations 2008. Paragraphs (2)(a), (3), (4)(b) and (5) make minor changes to regulations 3, 4, 13 and 14 respectively to make it clear that it is possible to indicate that no further procedure is needed in connection with an appeal. Paragraph (2)(b) introduces a requirement that the appellant provides a copy of the planning authority’s decision notice when appealing under section 47(1) of the Town and Country Planning (Scotland) Act 1997. The amendment made to regulation 13 by paragraph (4) clarifies the wording of the current paragraph (1). Paragraph (6) makes a minor change the way in which regulation 17 adjusts the language of the Regulations as they apply to cases to be determined by the Scottish Ministers.

Regulation 4 amends the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2008 to make it clear that it is possible to indicate that no further procedure is needed in connection with a review.

Regulation 5 amends the Town and Country Planning (Development Planning) (Scotland) Regulations 2008 to include flood risk management plans and regional and national marine plans among the matters to be taken into consideration when preparing a strategic development plan or a local development plan. Regulations 6 and 7 respectively make minor corrections to the Town and Country Planning (Modification and Discharge of Planning Obligations) (Scotland) Regulations 2010 and the Town and Country Planning (Modification and Discharge of Good Neighbour Agreement) (Scotland) Regulations 2010.

(1)

1997 c.8. Sections 8 and 16, 32, 38A, 43A, 75B, 75F and 275A were inserted by sections 2, 7, 14, 17, 23, 24 and 52 of the Planning etc. (Scotland) Act 2006 (asp 17) (“the 2006 Act”). Sections 43, 267 and 275 were amended by sections 16, 19(5) and (6) and 54(16) respectively of the 2006 Act. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).