(1)Where an application is made to a planning authority for planning permission—
(a)subject to sections [F127B(2) [F2, 58 and 59]], they may grant planning permission, either unconditionally or subject to such conditions as they think fit, or
(b)they may refuse planning permission.
(2)In dealing with such an application the authority shall have regard to the provisions of the development plan, so far as material to the application, and to any other material considerations.
[F3(2A)The notice of the planning authority's decision on an application must include a statement as to whether the authority consider that the application is for a development that is in accordance with the development plan for the time being applicable to the area to which the application relates together with an explanation of why the authority have reached that view.]
(3)Subsection (1) has effect subject to sections 34 and 35 and to the following provisions of this Act, and to sections 59(1), 60 and 65 of the M1Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.
(4)The date of the grant or refusal of—
(a)planning permission,
(b)an approval required by a development order, or
(c)any consent, agreement or approval required by a condition imposed on the grant of planning permission,
shall be the date on which the [F4notice of the] planning authority’s decision bears to have been signed on behalf of the authority.
Textual Amendments
F1Words in s. 37(1)(a) substituted (3.8.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(5)(a), 59(2); S.S.I. 2009/219, art. 2, sch.
F2Words in s. 37(1)(a) substituted (1.10.2022) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 6(2); S.S.I. 2022/275, reg. 2(2)(f) (with reg. 3)
F3S. 37(2A) inserted (1.3.2020) by Planning (Scotland) Act 2019 (asp 13), ss. 30(2), 63(2); S.S.I. 2019/385, reg. 3
F4Words in s. 37(4) inserted (3.8.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(5)(b), 59(2); S.S.I. 2009/219, art. 2, sch.
Marginal Citations