Town and Country Planning (Scotland) Act 1997

[F1 36A Lists of applications S

(1) Every planning authority are, in such manner as may be prescribed by regulations or a development order, to keep a list of—

(a) the applications mentioned in section 36(1)(a) which are made to them (including any variations, by virtue of section 32A(1), to those applications),

(b) the applications mentioned in section 36(1)(ba) which are made in respect of development in their district, and

(c) the proposal of application notices received by them under section 35B(2).

(2) Weekly, or at such intervals as may be so prescribed, the authority are—

(a) to revise the list by removing from it the entries relating to—

(i) such applications as have been determined, and

(ii) such proposal of application notices as have ceased to be current, and

(b) in such manner as may be so prescribed (or, if and in so far as the regulations or development order may admit, in such manner as the authority consider appropriate), to publish that revised list.

(3) The availability of the list is to be advertised by the authority in a local newspaper at such intervals as may be so prescribed.

(4) The regulations or development order may make provision as to how any costs incurred by the authority by virtue of this section are to be recovered from the applicants.

(5) In this section “publish”, without prejudice to that expression's generality, may include publish by electronic means (as for example by means of the internet).

(6) For the purposes of subsection (2)(a)(ii), a notice ceases to be current when—

(a) an application for planning permission is submitted for the development in question,

(b) the prospective applicant gives notice in writing under this paragraph to the planning authority that no application is to be submitted for the development in question, or

(c) 12 months have elapsed since the date on which the proposal of application notice was given.]

Textual Amendments

F1 S. 36A inserted (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. 13, 59(2) (with S.S.I. 2009/222, art. 5); S.S.I. 2008/411, art. 2(2)(3)(a); S.S.I. 2009/219, art. 2, sch.