The Planning etc. (Scotland) Act 2006 (Development Management and Appeals) (Saving, Transitional and Consequential Provisions) Order 2009
| Jurisdiction | Scotland |
| Citation | SSI 2009/222 |
2009 No. 222
TOWN AND COUNTRY PLANNING
Made 3rd June 2009
Laid before the Scottish Parliament 5th June 2009
Coming into force 3rd August 2009
The Scottish Ministers make the following Order in exercise of the powers conferred by section 58(1) and (2) of the Planning etc. (Scotland) Act 20061and all other powers enabling them to do so.
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Planning etc. (Scotland) Act 2006 (Development Management and Appeals) (Saving, Transitional and Consequential Provisions) Order 2009 and comes into force on 3rd August 2009.
(2) In this Order–
“the Act” means the Town and Country Planning (Scotland) Act 19972;
“the 2006 Act” means the Planning etc. (Scotland) Act 2006.
Initiation and completion of development
2. Sections 27A (notification of initiation of development), 27B (notification of completion of development) and 27C (display of notice while development is carried out) of the Act3apply only in respect of development for which planning permission is given on or after 3rd August 2009.
Variation of planning applications
3. Section 32A(3)4(variation of application other than one referred to the Scottish Ministers) of the Act applies only to appeals under section 47 (right of appeal) of the Act where notice of appeal is given to the Scottish Ministers under section 47(3) of the Act on or after 3rd August 2009.
Neighbour notification
4.—(1) Notwithstanding the commencement of section 10 (publicity for applications) of the 2006 Act on 3rd August 2009, sections 34 (publication of notices of applications) and 38(1) (consultations in connection with determination of applications) of the Act shall continue to have effect as they did immediately before that date–
(a)
(a) in respect of an application mentioned in paragraph (2); and
(b)
(b) for the purposes of paragraph 7(5) of Schedule 9 (review of old mineral planning permissions) and paragraph 6(3) of Schedule 10 (periodic review of mineral planning permissions) to the Act.
(2) The applications are–
(a)
(a) an application for planning permission;
(b)
(b) an application for an approval required by a development order; and
(c)
(c) an application for any consent, agreement or approval required by a condition imposed by a grant of planning permission,
made before 3rd August 2009.
Keeping and publication of lists of applications
5. Section 36A5(lists of applications) of the Act applies only in relation to applications and notices mentioned in section 36A(1) of the Act where such application is made to or notice received by the planning authority on or after 3rd August 2009.
Power of planning authority to decline to determine applications
6. Notwithstanding the coming into force of section 15 (additional grounds for declining to determine application for planning permission) of the 2006 Act on 3rd August 2009, section 39 (power of planning authority to decline to determine applications) of the Act shall continue to have effect as it did immediately before that date in respect of an application for planning permission made before that date.
Local developments: right to appeal for non-determination of an application
7.—(1) Notwithstanding the commencement of section 17 (local developments: schemes of delegation) of the 2006 Act on 3rd August 2009, where the date on which a person who made an application of a kind mentioned in section 47(1) (appeals against planning decisions) of the Act first becomes entitled to appeal to the Scottish Ministers under section 47(2) (appeal against failure to take planning decision) of the Act is before 3rd August 2009–
(a)
(a) section 47(2) of the Act shall continue to apply; and
(b)
(b) section 43A(8)(c) of the Act6(right of review following failure to take planning decision) shall not apply,
in respect of that application.
(2) Section 43A(8)(a) and (b) (right of review of decision of appointed person) of the Act only apply in respect of an application determined by a person appointed by virtue of a scheme of delegation where notice of the decision on the application is given to the applicant on or after 3rd August 2009.
Call-in of applications by the Scottish Ministers
8. Where a direction requiring an application to be referred to the Scottish Ministers instead of being dealt with by the planning authority is given under section 46(1) (call-in of application) of the Act before 3rd August 2009 section 46 of the Act shall continue to apply for the purposes of that application as it had effect immediately before that date.
Appeals
9.—(1) Where notice of appeal is given to the Scottish Ministers under section 47(3) (appeals against planning decisions and failure to take such decisions), 130(2) (appeal against enforcement notice), 154(2) (appeal against refusal of certificate of lawful use or development), 169(2) (appeal against section 168 notice) or 180(2) (appeal against amenity notice) of the Act before 3rd August 2009–
(a)
(a) the provisions of the Act specified in paragraph (2), as the case may be, shall continue to apply for the purposes of that appeal as those provisions had effect immediately before that date; and
(b)
(b) section 47A7(matters which may be raised in an appeal under section 47(1)) of the Act shall not apply for the purposes of that appeal.
(2) The provisions are–
(a)
(a) section 47 (appeals against planning decision and failure to take planning decision);
(b)
(b) section 48 (determination of appeals);
(c)
(c) section 130 (appeals against enforcement notice);
(d)
(d) section 131 (appeals: supplementary provisions);
(e)
(e) section 133 (grant or modification of planning permission on appeal against enforcement notice);
(f)
(f) section 155 (further provision as to appeals);
(g)
(g) section 169 (appeal against section 168 notice); and
(h)
(h) Schedule 4 (determination of appeals by appointed person).
Duration of planning permission etc.
10.—(1) Notwithstanding the commencement of sections 20(1) (duration of planning permission), 22 (further provision as regards duration of planning permission) and 56 (repeals) of and the schedule (repeals) to the 2006 Act on 3rd August 2009 the provisions of the Act specified in paragraph (2) shall continue to apply as they did immediately before that date in respect of a planning permission granted or deemed to have been granted before that date.
(2) The provisions are–
(a)
(a) section 41 (conditional grant of planning permission);
(b)
(b) section 58 (duration of planning permission);
(c)
(c) section 60 (provisions supplementary to sections 58 and 59);
(d)
(d) section 61 (termination of planning permission by reference to time limits);
(e)
(e) section 71 (order requiring discontinuance of use);
(f)
(f) section 88 (purchase notices); and
(g)
(g) section 232 (right to compensation).
Planning permission in principle
11. Where–
(a) an application for outline planning permission is made before 3rd August 2009; and
(b) no notice of the decision of the planning authority on the application is given to the applicant before that date,
the application shall for the purposes of section 59 (planning permission in principle) of the Act (as substituted by section 21 of the 2006 Act) be treated as an application for planning permission in principle.
Stop Notices: compensation
12. Notwithstanding the commencement of section 56 (repeals) of and the schedule (repeals) to the 2006 Act on 3rd August 2009, section 143(2) (compensation for loss due to stop notice) of the Act shall continue to apply as it did immediately before that date in relation to a stop notice where the enforcement notice to which that stop notice relates is quashed or varied on the grounds mentioned in section 130(1)(a) (appeal against enforcement notice) of the Act as continued in force by article 9.
Urgent Crown development: application
13. Section 242A(11)8of the Act shall continue to apply as it did immediately before 3rd August 2009 in respect of any application for planning permission made under section 242A of the Act before that date.
Amendment of the Conservation (Natural Habitats, &c.) Regulations 1994
14.—(1) The Conservation (Natural Habitats, &c.) Regulations 199413are amended in accordance with paragraph (2).
(2) In regulation 54(4) (grant of planning permission)–
(a)
(a) for “outline planning permission” in the first and second places where those words occur, substitute “planning permission in principle”;
(b)
(b) for “approval of any reserved matters” substitute “any approval, consent or agreement required by a condition imposed on the grant of the permission”; and
(c)
(c) for the words “In this paragraph” to the end substitute–
“In this paragraph “planning permission in principle” has the same meaning as in section 59 of the Town and Country Planning (Scotland) Act 19979.”.
Planning (Hazardous Substances)(Scotland) Act 1997
15. Notwithstanding the amendment of sections 34 (publication of notices of applications), 130 (appeal against enforcement notice), 131 (appeals: supplementary provisions), 133 (grant or modification of planning permission on appeal) and 143 (compensation for loss due to stop notice) of the Act by the 2006 Act on 3rd...
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