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

Form and content of an application for planning permission S

9.—(1) An application to a planning authority for planning permission (other than planning permission in principle) is to be made in accordance with this regulation.

(2) An application for planning permission must contain—

(a) a written description of the development to which it relates;

(b) the postal address of the land to which the development relates or, if the land in question has no postal address, a description of the location of the land; and

(c) the name and address of the applicant and, where an agent is acting on behalf of the applicant, the name and address of that agent.

(3) The application must be accompanied—

(a) by a plan—

(i) sufficient to identify the land to which it relates; and

(ii) showing the situation of the land in relation to the locality and in particular in relation to neighbouring land;

(b) by such other plans and drawings as are necessary to describe the development to which it relates;

(c) where any neighbouring land is owned by the applicant, by a plan identifying that land;

(d) by one or other of the certificates required under regulation 15;

(e) where the application [F1 is not an exempt application and] relates to development belonging to the categories of national developments or major developments, by a pre‑application consultation report;

(f) where the application relates to the installation of an antenna to be employed in an electronic communications network, by an ICNIRP declaration;

(g) where required under regulation 13, by a design statement or a design and access statement;

(h) where the application relates to Crown land by a statement that the application is made in respect of Crown land; and

(i) by any fee payable under the Fees Regulations.

(4) In this regulation—

“electronic communications network” has the same meaning as in section 32 of the Communications Act 2003 M1 (meaning of electronic communications networks and services); and

[F2 “exempt application” means an application for planning permission relating to development belonging to the categories of national developments or major developments to which section 35A(1) of the Act does not apply,]

“ICNIRP declaration” means a declaration by the applicant that the antenna is designed to be in full compliance with the requirements of the radio frequency public exposure guidelines of the International Commission on Non‑Ionising Radiation Protection, as expressed in EU Council recommendation of 12th July 1999 M2 on the limitation of exposure of the general public to electromagnetic fields (0Hz to 300GHz).

Textual Amendments

F1 Words in reg. 9(3)(e) inserted (1.10.2021) by The Town and Country Planning (Pre-Application Consultation) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/99), regs. 1(1), 8(a)

F2 Words in reg. 9(4) inserted (1.10.2021) by The Town and Country Planning (Pre-Application Consultation) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/99), regs. 1(1), 8(b)

Marginal Citations

M1 2003 c.21.

M2 1999/519/EC.