The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2012

Amendment of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008

2.—(1) Subject to paragraph (4), the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008(1) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 11 (further applications)—

(a) in paragraph (1)—

(i) in sub-paragraph (a) after “application” insert “(other than an application made under section 42 of the Act)”; and

(ii) omit sub-paragraph (b) and “; or” immediately preceding that sub-paragraph;

(b) after paragraph (1) insert—

“(1A) Where an application for planning permission is made under section 42 of the Act (applications to develop without compliance with previous conditions), the application may be made without complying with the provisions of regulation 9 or regulation 10 other than regulation 9(2)(c) and (3)(c) and (f) or regulation 10(2)(c) and (3)(b) and (e).”; and

(c) in paragraph (2) after “(1)” insert “or (1A)”.

(3) After regulation 26(3)(a) (time periods for decision) insert—

“(aa) does not apply where the applicant and the person appointed by virtue of a scheme of delegation prepared under section 43A(1) of the Act agree in writing by virtue of section 43A(8)(c) of the Act to extend the period within which the appointed person may determine the application before the right to require the planning authority to review the case under section 43A(8) of the Act arises;”.

(4) Regulation 11 continues to have effect as it did immediately before the date on which these Regulations come into force in relation to an application for planning permission made before that date.

(1)

S.S.I. 2008/432 to which there are amendments which are not relevant to these Regulations.