The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013

Interpretation S

3.—(1) In these Regulations—

“the Act” means the Town and Country Planning (Scotland) Act 1997;

“appointed officer” means a person appointed by virtue of a scheme of delegation under section 43A(1) of the Act (local developments: schemes of delegation) by the planning authority to determine the application;

[F1 “category A listed building” means a listed building specified as being category A in a list of buildings compiled or approved under section 1 of the Listed Buildings Act M1 (listing of buildings of special architectural or historic interest);]

“cemetery” includes a burial ground or any other place of interment for the dead;

“community council” means a community council established in accordance with the provisions of Part IV of the Local Government (Scotland) Act 1973 M2 ;

“Crown land” has the meaning given in section 242(1) the Act (Crown land: preliminary definitions);

“design statement” and “design and access statement” have the meaning given in regulation 13;

“dwellinghouse” includes a building containing one or more flats, or a flat contained within such a building.”

[F2 “EIA report” has the same meaning as in the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017;]

“environmental statement” has the same meaning as in the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 M3 [F3 as those Regulations had effect on 15th May 2017];

“the Fees Regulations” means the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004 M4 ;

“historic garden or designed landscape” means a garden or landscape which is included in the inventory of gardens and designed landscapes compiled and maintained under section 32A of the Ancient Monuments and Archaeological Areas Act 1979 M5 (inventory of gardens and designed landscapes);

“householder development” means the carrying out of building, engineering or other operations—

(a)

to improve, add to or alter an existing dwellinghouse;

(b)

within the curtilage of a dwellinghouse for a purpose incidental to the enjoyment of that dwellinghouse; and

(c)

to erect or construct a gate, fence or wall or other means of enclosure along a boundary of the curtilage of a dwellinghouse;

“licensed premises” means premises licensed for the sale of alcoholic liquor pursuant to the provisions of the Licensing (Scotland) Act 2005 M6 or premises authorised by a premises licence under Part 8 of the Gambling Act 2005 M7 to be used for activities described in section 150 of that Act (nature of licence);

“listed building” means a listed building within the meaning of section 1(4) of the Listed Buildings Act;

“Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997;

“marine fish farm development” means the placing or assembly of any equipment in marine waters for the purposes of fish farming (“equipment” and “fish farming” having the same meaning as in section 26(6) of the Act (meaning of development)) and any material change of use of equipment so placed or assembled;

“marine planning zone” has the same meaning as in the Town and Country Planning (Marine Fish Farming) (Scotland) Order 2007 M8 ;

“marine waters” means the waters described in section 26(6)(b) and (c) of the Act;

“minerals application” means an application for planning permission for development consisting of the winning and working of minerals by underground working;

“National Scenic Area” means an area designated by a direction made by the Scottish Ministers under section 263A of the Act M9 (national scenic areas);

“neighbouring land” means an area or plot of land (other than land forming part of a road) which, or part of which, is conterminous with or within 20 metres of the boundary of the land for which the development is proposed;

“planning permission in principle” means a planning permission granted pursuant to an application made under regulation 10 for the carrying out of building, engineering, mining or other operations in, on, over or under land which is granted subject to a condition (in addition to any other conditions which may be imposed) that the development in question will not begin until certain matters have been approved by the planning authority or, as the case may be, the Scottish Ministers;

“pre-application consultation report” means a written report prepared in accordance with section 35C of the Act;

“road” has the same meaning as in section 151 of the Roads (Scotland) Act 1984 M10 (interpretation);

“scheduled monument” has the meaning given by section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 (schedule of monuments);

“validation date” is the date on which an application is taken to have been made in terms of regulation 14;

“World Heritage Site” means land appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage M11 .

(2) Other than in regulations 12 and 18, references to an approval, consent or agreement required by a condition imposed on a grant of planning permission include an approval required by or under a development order.

(3) References to distance are references to distance measured along a horizontal plane.

(4) Any requirement that a form is to be as set out in a specified Schedule is to be construed as meaning a form as so specified or a form substantially to the like effect.

(5) Any power conferred by these Regulations to give a direction is to be construed as including power to cancel or vary the direction by a subsequent direction.

Textual Amendments

F1 Words in reg. 3 substituted (1.10.2015) by The Town and Country Planning (Historic Environment Scotland) Amendment Regulations 2015 (S.S.I. 2015/237), regs. 1(1), 5(2)

F2 Words in reg. 3 inserted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 57(2)(a) (with regs. 2(10), 38, 39, 40, 60(7))

F3 Words in reg. 3 inserted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 57(2)(b) (with regs. 2(10), 38, 39, 40, 60(7))

Marginal Citations

M1 1997 c.9. Section 1 is amended by paragraph 2 of Schedule 3 to the Historic Environment Scotland Act 2014 (asp 19).

M2 1973 c.65.

M3 S.S.I. 2011/139.

M4 S.S.I. 2004/219 as relevantly amended by S.S.I. 2007/253, S.S.I. 2007/268 and S.S.I. 2013/105.

M5 1979 c.46. Section 32A was inserted by section 11 of the Historic Environment (Amendment) (Scotland) Act 2011 (asp 3).

M6 2005 asp 16.

M7 2005 c.19.

M8 S.S.I. 2007/268.

M9 Section 263A was inserted by section 50 of the Planning etc. (Scotland) Act 2006 (asp 17).

M10 1984 c.54.

M11 See command paper 9424.