The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013

PART 2 S Pre-application consultation

Pre-application consultation – classes of development S

4.  The classes of development prescribed for the purposes of section 35A(1) of the Act (pre-application consultation: preliminary) are development belonging to the categories of national developments and major developments.

Content of pre-application screening notice S

5.—(1) A notice under section 35A(3) of the Act in addition to the information mentioned in paragraphs (a) to (d) of section 35B(4) of the Act (pre-application consultation: compliance), must also contain a statement as to whether or not the planning authority have adopted a screening opinion or the Scottish Ministers have made a screening direction in respect of the development to which the notice relates.

(2) In this regulation “screening opinion” and “screening direction” have the same meaning as in the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations [F1 2017].

Textual Amendments

F1 Word in reg. 5(2) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 57(3) (with regs. 2(10), 38, 39, 40, 60(7))

Content of proposal of application notice S

6.  A proposal of application notice must, in addition to those matters required by section 35B(4) of the Act, also contain an account of what consultation the applicant intends to undertake, when such consultation is to take place, with whom and what form it will take.

Pre-application consultation S

7.—(1) The prospective applicant is to consult as respects a proposed application every community council any part of whose area is within or adjoins the land where the proposed development is situated and in doing so is to give a copy of the proposal of application notice to the community council.

(2) [F2 Subject to regulation 7A,] the prospective applicant is to—

(a) hold at least one public event where members of the public may make comments to the prospective applicant as regards the proposed development; and

(b) publish in a local newspaper circulating in the locality in which the proposed development is situated a notice containing—

(i) a description of, and the location of, the proposed development;

(ii) details as to where further information may be obtained concerning the proposed development;

(iii) the date and place of the public event;

(iv) a statement explaining how, and by when, persons wishing to make comments to the prospective applicant relating to the proposal may do so; and

(v) a statement that comments made to the prospective applicant are not representations to the planning authority and if the prospective applicant submits an application there will be an opportunity to make representations on that application to the planning authority.

(3) A public event held by the prospective applicant in accordance with paragraph (2)(a) is not to be held earlier than 7 days after notification of the date and place of such event is given under paragraph (2)(b)(iii).

Textual Amendments

F2 Words in reg. 7(2) inserted (24.4.2020) by The Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/124), regs. 1, 2(2)

[F3 Temporary relaxation of pre-application consultation requirements during Coronavirus emergency period S

7A.— (1) This regulation applies in relation to an application for planning permission submitted—

(a) either—

(i) during the emergency period, or

(ii) within the period of 6 months immediately following the expiry of the emergency period, and

(b) in respect of which a proposal of application notice is given to the planning authority before, or during, the emergency period.

(2) Where this regulation applies in relation to an application for planning permission, regulation 7 applies in relation to that application—

(a) as if paragraphs (2)(a) and (b)(iii) and (3) were omitted, and

(b) during the emergency period, as if in paragraph (2)(b)(ii) for “where” there were substituted “how (including by what electronic means)”.

(3) For the purposes of this regulation, the “emergency period” is the period beginning on 24 April 2020 and ending on the date on which Part 1 of the Coronavirus (Scotland) Act 2020 expires in accordance with section 12 of that Act.]

Textual Amendments

F3 Reg. 7A inserted (24.4.2020) by The Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/124), regs. 1, 2(3)