Planning etc. (Scotland) Act 2006

7 Applications for planning permission and certain consents S

(1) For section 32 of the principal Act (form and content of applications for planning permission) substitute—

“32 Applications for planning permission

(1) Regulations or a development order may make provision as to applications for planning permission made to a planning authority or the Scottish Ministers.

(2) Provision referred to in subsection (1) includes provision as to—

(a) the form and manner in which an application must be made,

(b) particulars of such matters as are to be included in the application,

(c) any documents or other materials which are to accompany the application,

(d) evidence to be provided in support of anything in, or relating to, the application.

(3) The regulations or development order must—

(a) require that an application for planning permission of such description as is specified in the regulations or order is to be accompanied by a statement (either or both and if both then either in one document or in two)—

(i) about the design principles and concepts applied to the development,

(ii) about how issues relating to access for the disabled to the development have been dealt with,

(b) include provision as to the form and content of any such statement as is mentioned in paragraph (a), and

(c) require that an application in respect of which compliance with section 35B is required is to be accompanied by a pre-application consultation report prepared in accordance with section 35C.

(4) Different provision may be made under this section—

(a) for different cases or classes of case,

(b) for different areas, and

(c) according to whether a development is a national development, a major development or a local development.”.

(2) In section 182 of that Act (regulations controlling display of advertisements), after subsection (2) insert—

“(2A) The regulations may also make provision as to—

(a) the form and manner in which an application for consent must be made,

(b) particulars of such matters as are to be included in the application,

(c) any documents or other materials which are to accompany the application.”.

(3) In section 9 of the listed buildings Act (making of applications for listed building consent)—

(a) in subsection (2), the words “ shall be made in such form as the planning authority may require and ” are repealed,

(b) in subsection (3), for paragraph (a) there is substituted—

“(a) the form and manner in which such applications must be made,

(aa) particulars of such matters as are to be included in such applications,

(ab) any documents or other materials which are to accompany such applications,”, and

(c) after subsection (3) insert—

“(4) The regulations must require that an application for listed building consent of such description as is prescribed must be accompanied by a statement about how issues relating to access for the disabled to the building have been dealt with.

(5) The form and content of such a statement are to be such as is prescribed.”.

Commencement Information

I1 S. 7 in force at 12.12.2008 for specified purposes by S.S.I. 2008/411, art. 2(2)(3)(a)

I2 S. 7(1)(2) in force at 3.8.2009 in so far as not already in force by S.S.I. 2009/219, art. 2, Sch.