Part III

Control over Development

Duration of planning permission

Termination of planning permission by reference to time limit: completion notices.
61
1
This section applies where—
a
a development to which a planning permission relates has been begun but not completed by the date on which the permission would have lapsed had the development not been begun,
b
development has been begun in accordance with planning permission under a simplified planning zone scheme but has not been completed by the time the area ceases to be a simplified planning zone, ...
ba
development has been begun in accordance with planning permission under a masterplan consent area scheme but has not been completed by the time that the scheme ceases to have effect, or
c
development has been begun in accordance with planning permission under an enterprise zone scheme but has not been completed by the time the area ceases to be an enterprise zone.
2
If the planning authority are of the opinion that the development will not be completed within a reasonable period, they may serve a notice (“a completion notice”) stating that the planning permission will cease to have effect at the expiration of a further period specified in the notice.
3
The period so specified must not be less than 12 months after the notice takes effect.
3A
A completion notice must also—
a
state that a person on whom it is served may lodge an objection,
b
specify the date on which the notice will take effect if no objection is lodged before that date.
3B
The date so specified must be a date at least 28 days after the date on which the notice is served.
4
A completion notice shall be served—
a
on the owner of the land,
b
on the occupier of the land, and
c
on any other person who in the opinion of the planning authority will be affected by the notice.
5
The planning authority may withdraw a completion notice at any time before the expiration of the period specified in it as the period at the expiration of which the planning permission is to cease to have effect.
6
If they do so they shall immediately give notice of the withdrawal to every person who was served with the completion notice.
S. 61(1)(a) substituted (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. 22(2), 59(2) (with S.S.I. 2009/222, art. 10(2)(d)); S.S.I. 2008/411, art. 2(2)(3)(a); S.S.I. 2009/219, art. 2, sch.
S. 61(3A)(3B) inserted (1.10.2022) by Planning (Scotland) Act 2019 (asp 13), ss. 33(2), 63(2); S.S.I. 2022/275, reg. 2(2)(c) (with reg. 3)
Word in s. 61(1)(b) repealed (5.12.2024) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 5(6)(a); S.S.I. 2024/252, reg. 2(2)(d)
S. 61(1)(ba) inserted (5.12.2024) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 5(6)(b); S.S.I. 2024/252, reg. 2(2)(d)