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subsections (2) and (3) are repealed,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 ”.