Amendments to the 1988 Regulations
4. In regulation 4(1)–
(a)after the definition of “the Act” insert–
““the 1997 Act” means the Town and Country Planning (Scotland) Act 1997((1)”;
(b)in the definition of “annex 1 application” and “annex 2 application”, after “means an application” insert “or deemed application”;
(c)after the definition of “controlled waste” insert–
““deemed application” means the application for planning permission deemed under section 133(7) of the 1997 Act to be made by virtue of an appeal under section 130 of that Act;
“enforcement appeal” means an appeal under section 130 of the 1997 Act;
“enforcement notice” means a notice issued under section 127 of the 1997 Act;
“ground (a) appeal” means an appeal under section 130 of the 1997 Act, so far as brought on the ground mentioned in subsection (1)(a) of that section;
“notice of unauthorised development” means such a notice as is described in regulation 11A of these Regulations;”;
(d)after the definition of “register” insert–
““relevant development” means development of any description specified in Schedule 1 to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992(2) other than development of any description specified in article 3(10) of that Order;”;
(e)for the definition of “reporter” substitute–
““reporter” means a person appointed by the Secretary of State under Schedule 4 to the Town and Country Planning (Scotland) Act 1997 to determine an appeal under section 47 or section 130 of that Act, or to report to the Secretary of State on an application for planning permission referred to the Secretary of State under section 46 of that Act or which is the subject of an appeal under the said sections 47 or 130;”; and
(f)after the definition of “special waste” insert–
““unauthorised development” means development which is (or is part of) the subject matter of an enforcement notice and–
(a)is within a description mentioned in Schedule 1; or
(b)is within a description mentioned in Schedule 2 and would be likely to have significant effects on the environment by virtue inter alia of its nature, size or location;”.
S.I. 1992/223; amended by S.I. 1992/1078 and 2084, 1993/1036, 1994/1442, 2586 and 3294, 1996/252, 1266 and 3023 and 1997/1871, and as read with Part IV of S.I. 1994/2716.