PART 3Development management
Duration of planning permission
I133Completion notices
1
The Town and Country Planning (Scotland) Act 1997 is amended as follows.
2
In section 61 (termination of planning permission by reference to time limit: completion notices), after subsection (3) insert—
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.
3
In section 62 (effect of completion notice)—
a
in subsection (1), for the words from “shall” to the end substitute
takes effect—
a
on the date specified in it, unless before that date an objection is lodged under section 62A(1),
b
where an objection is lodged under section 62A(1), only if and when the notice is confirmed by the Scottish Ministers.
b
subsections (2) and (3) are repealed,
c
in subsection (4)—
i
for “Secretary of State” substitute “
Scottish Ministers
”
,
ii
for “subsection (2)” substitute “
section 62A(5)
”
.
4
After section 62, insert—
62AObjection to completion notice
1
A person on whom a completion notice is served may, prior to the date specified in it, lodge an objection to the notice with the planning authority which served it.
2
Where an objection is lodged under subsection (1), the planning authority must give notice of the objection to—
a
every person who was served with the completion notice, and
b
the Scottish Ministers.
3
Before confirming a completion notice, the Scottish Ministers must allow the following people the opportunity to make representations to a person appointed for the purpose by the Scottish Ministers—
a
the person who lodged the objection, and
b
the planning authority.
4
The Scottish Ministers must give notice of their decision as to whether or not to confirm the completion notice to—
a
every person who was served with the completion notice, and
b
the planning authority.
5
In confirming a completion notice, the Scottish Ministers may substitute a longer period for that specified in the notice as the period at the expiration of which the planning permission is to cease to have effect.
5
In section 182 (regulations controlling display of advertisements), in subsection (3)(a), for “62” substitute “
62A
”
.
6
In section 237 (validity of certain decisions), in subsection (3)(c), for “62” substitute “
62A
”
.