Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

26 Determination of applications. S

(1) Subject to the provisions of sections 23 to 25 of this Act, and to the following provisions of this Act, where an application is made to a. . . F2 planning authority for planning permission, that authority, in dealing with the application, shall have regard to the provisions of the development plan, so far as material to the application, and to any other material considerations, and—

(a) subject to [F3 sections 38 and 39] of this Act, may grant planning permission, either unconditionally or subject to such conditions as they think fit; or

(b) may refuse planning permission.

(2) In determining any application. . . F4 to which section 23 of this Act applies, the. . . F2 planning authority shall take into account any representations relating to that application which are received by them before [F5 the expiry of any period prescribed under subsection (1)(h) of that section.]

(3) Where an application for planning permission is accompanied by such a certificate as is mentioned in subsection (1)(b), (c) or (d) of section 24 of this Act, or by a certificate containing a statement in accordance with subsection (3)(b) of that section, the. . . F2 planning authority—

(a) in determining the application, shall take into account any representations relating thereto which are made to them, before the end of the period mentioned in subsection (4) of that section, by any person who satisfies them that he is an owner of any land to which the application relates or that he is the tenant of an agricultural holding any part of which is comprised in that land; and

(b) shall give notice of their decision to every person who has made representations which they were required to take into account in accordance with the preceding paragraph.

(4) In determining any application for planning permission to which section 25 of this Act applies, the. . . F2 planning authority shall take into account any representations relating to the application which are received by them before the periods mentioned in subsection (3) of that section have elapsed.

[F6 (4A) When granting an application for planning permission as regards any building or premises in relation to which a duty is imposed by any of sections 4, 5 and 7 to 8A of the M1 Chronically Sick and Disabled Persons Act 1970 (facilities at premises open to the public to include, where reasonable and practicable, provision for the needs of the disabled etc.) the planning authority shall ensure that the applicant is aware of such duty.]

(5) Before a. . . F2 planning authority grant planning permission for the use of land as a caravan site, they shall, unless they are also the authority having power to issue a site licence for that land, consult the local authority having that power.

(6) In this section “site licence” means a licence under Part I of the M2 Caravan Sites and Control of Development Act 1960 authorising the use of land as a caravan site and “owner” and “agricultural holding” have the same meanings as in section 24 of this Act.

Textual Amendments

F2 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F3 Words substituted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 53(1), Sch. 11 Pt. II para. 54

F4 Words repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 69(2), Sch. 4 Pt. I

F5 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 69(2), Sch. 2 para. 5

F6 S. 26(4A) inserted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), s. 36

Marginal Citations

M1 1970 c. 44.

M2 1960 c. 62.