Part III

Control over Development

Publicity for applications

Notice etc. of applications to owners and agricultural tenants.
35
1
Regulations or a development order shall make provision—
a
as to the notice of any application for planning permission to be given to any person (other than the applicant) who at the beginning of the period of 21 days ending with the date of the application was—
i
the owner of, or
ii
the tenant of any agricultural land any part of which was comprised in,
any of the land to which the application relates, and
b
requiring any applicant for such permission to issue a certificate as to the interests in the land to which the application relates or the purpose for which it is used,
and provide for publicising such applications and for the form, content and service of such notices and certificates.
2
The regulations or order may require an applicant for planning permission to certify, in such form as may be prescribed by the regulations or the order, or to provide evidence, that any requirements of the regulations or the order have been satisfied.
3
Regulations or an order making any provision by virtue of this section may make different provision for different cases or different classes of development.
4
A planning authority shall not entertain any application for planning permission unless any requirements imposed by virtue of this section have been satisfied.
5
If any person—
a
issues a certificate which purports to comply with any requirement imposed by virtue of this section and contains a statement which he knows to be false or misleading in a material particular, or
b
recklessly issues a certificate which purports to comply with any such requirement and contains a statement which is false or misleading in a material particular,
he shall be guilty of an offence.
6
A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
7
In this section—
- “agricultural land” means land comprised in a lease constituting a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11) or comprised in a lease constituting a short limited duration tenancy , a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy (within the meaning of that Act); and
- “owner” in relation to any land means any person who—
  1. under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking and includes any person entitled to possession of the land as lessee under a lease the unexpired period of which is not less than 7 years, or
  2. in the case of such applications as may be prescribed by regulations or by a development order, is entitled to an interest in any mineral so prescribed,
and the reference to the interests in the land to which an application for planning permission relates includes any interest in any mineral in, on or under the land.
8
Proceedings for an offence under this section may be brought at any time within the period of 2 years following the commission of the offence.
Word in s. 35(1)(a)(ii) substituted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 51(a) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with sch.)
Words in s. 35(7) substituted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 51(b) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with sch.)
Words in s. 35(7) substituted (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 6(2) (with s. 128); S.S.I. 2017/299, reg. 2, sch. (with reg. 11)