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- Point in Time (03/02/1995)
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Version Superseded: 27/05/1997
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(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 [F3sections 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 [F5the expiry of any period prescribed under subsection (1)(h) of that section.]
[F6(3)Where an application for planning permission is accompanied by such a certificate as is mentioned in subsection (1)(b) or (3) of section 24 of this Act a development order or regulations under this Act may—
(a)provide that a planning authority shall not determine an application for planning permission before the end of such period as may be prescribed;
(b)require a planning authority—
(i)to take into account in determining such an application such representations, made within such period, as may be prescribed; and
(ii)to give to any person whose representations have been taken into account such notice as may be prescribed of their decision.
(3A)A development order or regulations making any provision by virtue of this section may make different provision for different cases or different classes of development.]
(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.
[F7(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 M1Chronically 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 M2Caravan 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
F2Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)
F3Words substituted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 53(1), Sch. 11 Pt. II para. 54
F4Words repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 69(2), Sch. 4 Pt. I
F5Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 69(2), Sch. 2 para. 5
F6S. 26(3)(3A) substituted (3.2.1995) for s. 26(3) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 46(2) (with S. 84(5)); S.I. 1994/3292, art. 3
F7S. 26(4A) inserted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), s. 36
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