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The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, Section 5 is up to date with all changes known to be in force on or before 29 September 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.
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5.—(1) A notice under section 35A(3) of the Act in addition to the information mentioned in paragraphs (a) to (d) of section 35B(4) of the Act (pre-application consultation: compliance), must also contain a statement as to whether or not the planning authority have adopted a screening opinion or the Scottish Ministers have made a screening direction in respect of the development to which the notice relates.
[F1(1A) If the notice under section 35A(3) of the Act relates to a prospective application for planning permission for development of the same character or description as development in respect of which an earlier application for planning permission was made, or part of that development, the notice must contain—
(a)sufficient information to enable the earlier application to be identified by the planning authority,
(b)the information contained in the proposal of application notice given to the planning authority under section 35B(2) of the Act in respect of the earlier application, and
(c)a statement (for the purposes of assessment of the need to comply with section 35B), confirming the date, or latest date, on which the prospective applicant intends to make that application for planning permission.]
(2) In this regulation “screening opinion” and “screening direction” have the same meaning as in the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations [F22017].
Textual Amendments
F1Reg. 5(1A) inserted (1.10.2021) by The Town and Country Planning (Pre-Application Consultation) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/99), regs. 1(1), 4
F2Word in reg. 5(2) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 57(3) (with regs. 2(10), 38, 39, 40, 60(7))
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