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Town and Country Planning (Scotland) Act 1997
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Changes to legislation:
Town and Country Planning (Scotland) Act 1997, Paragraph 3 is up to date with all changes known to be in force on or before 23 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 5 Paragraph 3:
- Act applied by S.S.I. 2008/189 art. 53(3)
- Act power to apply (with or without modifications) conferred by 2021 asp 9 s. 45(3)(b)(c)
- Pt. 11A inserted by 2006 asp 17 s. 29
- Pt. 12A inserted by 2006 asp 17 s. 30
- Pt. 12A inserted by 2019 asp 13 s. 46(2)
- s. 3CD inserted by 2019 asp 13 s. 4(2)
- s. 36(5)(6) inserted by 2019 asp 13 s. 36(2)
- s. 40A inserted by 2019 asp 13 s. 19(2)
- s. 43A-43AD substituted for s. 43A by 2019 asp 13 s. 28(2)
- s. 47(2)(aa) inserted by 2019 asp 13 s. 28(3)(a)
- s. 47(2A) inserted by 2019 asp 13 s. 28(3)(b)
- s. 47(6) inserted by 2019 asp 13 s. 31(2)(c)
- s. 57(2C)(2D) inserted by 2021 asp 9 s. 44(2)
- s. 75(4A) inserted by 2019 asp 13 s. 35(2)
- s. 75A(5A) inserted by 2019 asp 13 s. 35(3)
- s. 77A inserted by 2019 asp 13 s. 39(2)
- s. 135(4A) inserted by 2019 asp 13 s. 43(2)(c)
- s. 154(1)(c) and word inserted by 2019 asp 13 s. 28(4)(a)(ii)
- s. 154(1A) inserted by 2019 asp 13 s. 28(4)(b)
- s. 158A(1A) inserted by 2019 asp 13 s. 44(2)
- s. 158B-158F and cross-heading inserted by 2019 asp 13 s. 43(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied by S.S.I. 2008/189 art. 53(3)
- Act power to apply (with or without modifications) conferred by 2021 asp 9 s. 45(3)(b)(c)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 11A inserted by 2006 asp 17 s. 29
- Pt. 12A inserted by 2006 asp 17 s. 30
- Pt. 12A inserted by 2019 asp 13 s. 46(2)
- s. 3CD inserted by 2019 asp 13 s. 4(2)
- s. 36(5)(6) inserted by 2019 asp 13 s. 36(2)
- s. 40A inserted by 2019 asp 13 s. 19(2)
- s. 43A-43AD substituted for s. 43A by 2019 asp 13 s. 28(2)
- s. 47(2)(aa) inserted by 2019 asp 13 s. 28(3)(a)
- s. 47(2A) inserted by 2019 asp 13 s. 28(3)(b)
- s. 47(6) inserted by 2019 asp 13 s. 31(2)(c)
- s. 57(2C)(2D) inserted by 2021 asp 9 s. 44(2)
- s. 75(4A) inserted by 2019 asp 13 s. 35(2)
- s. 75A(5A) inserted by 2019 asp 13 s. 35(3)
- s. 77A inserted by 2019 asp 13 s. 39(2)
- s. 135(4A) inserted by 2019 asp 13 s. 43(2)(c)
- s. 154(1)(c) and word inserted by 2019 asp 13 s. 28(4)(a)(ii)
- s. 154(1A) inserted by 2019 asp 13 s. 28(4)(b)
- s. 158A(1A) inserted by 2019 asp 13 s. 44(2)
- s. 158B-158F and cross-heading inserted by 2019 asp 13 s. 43(3)
3(1)If a person requests a planning authority to F1... alter a simplified planning zone scheme but the authority—S
(a)refuse to do so, or
(b)do not within the period of 3 months from the date of the request decide to do so,
he may, subject to sub-paragraph (2), require them to refer the matter to the Secretary of State.
(2)A person may not require the reference of the matter to the Secretary of State if—
F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)in the case of a request to alter the scheme, the scheme to which the request relates was adopted or approved, or any alteration to it has been adopted or approved, within [F3the 12 months preceding the request].
(3)The Secretary of State shall, as soon as practicable after a matter is referred to him—
(a)send the authority a copy of any representations made to him by the applicant which have not been made to the authority, and
(b)notify the authority that if they wish to make any representations in the matter they should do so, in writing, within 28 days.
(4)After the Secretary of State has—
(a)considered the matter and any written representations made by the applicant or the authority, and
(b)carried out such consultations with such persons as he thinks fit,
he may give the authority a simplified planning zone direction.
(5)The Secretary of State shall notify the applicant and the authority of his decision and of his reasons for it.
Textual Amendments
F1Words in Sch. 5 para. 3(1) repealed (1.4.2024) by Planning (Scotland) Act 2019 (asp 13), ss. 16(4)(c), 63(2); S.S.I. 2024/79, reg. 2(1)(2)(c) (with reg. 3)
F2Sch. 5 para. 3(2)(a) repealed (1.4.2024) by Planning (Scotland) Act 2019 (asp 13), ss. 16(4)(d)(i), 63(2); S.S.I. 2024/79, reg. 2(1)(2)(c) (with reg. 3)
F3Words in Sch. 5 para. 3(2)(b) substituted (1.4.2024) by Planning (Scotland) Act 2019 (asp 13), ss. 16(4)(d)(ii), 63(2); S.S.I. 2024/79, reg. 2(1)(2)(c) (with reg. 3)
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