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Town and Country Planning (Scotland) Act 1997, Cross Heading: Interpretation is up to date with all changes known to be in force on or before 24 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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2(1)For the purposes of this Schedule—S
“first review date”, in relation to a mining site, shall, subject to [F1paragraphs 3A and 5], be ascertained in accordance with paragraph 3;
“mineral permission” means any planning permission, other than a planning permission granted by a development order, for minerals development;
“mining site” means—
in a case where it appears to the planning authority to be expedient to treat as a single site the aggregate of the land to which any two or more mineral permissions relate, the aggregate of the land to which those permissions relate; and
in any other case, the land to which a mineral permission relates;
“old mining permission” has the meaning given by paragraph 10(1) of Schedule 8; and
“owner”, in relation to any land, has the meaning given by paragraph 22(1) of Schedule 8.
(2)In determining whether it appears to them to be expedient to treat as a single site the aggregate of the land to which two or more mineral permissions relate a planning authority shall have regard to any guidance issued for the purpose by the Secretary of State.
(3)Any reference (however expressed) in this Schedule to a mining site being a site to which relates—
(a)an old mining permission, or
(b)a mineral permission,
is a reference to the mining site, or some part of it, being the land to which the permission relates.
(4)For the purposes of this Schedule, an application made under paragraph 6 is finally determined when—
(a)the proceedings on the application, including any proceedings on or in consequence of an application under section 239, have been determined, and
(b)any time for appealing under paragraph 9(1), or applying or further applying under paragraph 6, (where there is a right to do so) has expired.
[F2(5)Where an electronic communication is used to make an application to a planning authority under paragraphs 5 or 6 below, the applicant shall be deemed to have agreed–
(a)to the use of electronic communication for all purposes relating to the application which are capable of being given effect to using such communications; and
(b)that the applicant’s address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the application (or such other address as the applicant may notify in writing to the planning authority),
unless the applicant gives notice in writing to the planning authority in accordance with sub-paragraphs (6) and (7).
(6)An applicant may give notice that the applicant no longer agrees to the use of electronic communications for the purposes mentioned in paragraph (a) or (b) of sub paragraph (5).
(7)Any such notice shall take effect on the date specified in it as the effective date, being a date occurring after the period of seven days, beginning with the date on which the notice is given.]
Textual Amendments
F1Words in Sch. 10 para. 2(1) substituted (12.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 121(4), Sch. 7 para. 20(4)(a) (with s. 111); S.S.I. 2006/268, art. 3(d)
F2Sch. 10 para. 2(5)-(7) inserted (28.7.2004) by Town and Country Planning (Electronic Communications) (Scotland) Order 2004 (S.S.I. 2004/332), arts. 1(1), 8(2)
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