Regulation 15(1)
Regulation 16
1. The register of applications for planning permission which every planning authority are required to keep under section 36(1) of the Act M1 (registers of applications) is to be kept in two parts.
2. Part I of the register is, in respect of every application made under regulations 9 to 12 and not finally disposed of, to contain—S
(a)a description of the development to which the application relates;
(b)the name of the applicant and the address at which the applicant or, where an agent is acting on behalf of the applicant, the name of that agent and the address at which such agent may be contacted;
(c)the postal address of the land to which the development relates, or if the land in question has no postal address, a description of the location of such land;
(d)copies of—
(i)plans and drawings;
(ii)any design statement or design and access statement; and
(iii)any pre-application consultation report,
submitted in respect of the application; and
(e)particulars of any direction given under the Act or these Regulations in respect of the application;
3. Part II of the register of applications for planning permission is to contain—S
(a)in respect of all applications made under regulations 9 to 12 determined by the planning authority (other than following a review of the case by virtue of section 43A(8) of the Act)—
(i)a copy of the decision notice; and
(ii)copies of any plans considered by the planning authority in determining the application;
(b)a copy of any environmental statement submitted with respect to the application;
(c)in respect of all applications made under regulations 9 to 11 determined by the planning authority (other than following a review of the case by virtue of section 43A(8)) of the Act, a Report containing the information mentioned in paragraph 4 of this Schedule;
(d)a copy of the decision of the Scottish Ministers in respect of an application, on appeal under section 47 of the Act or on a reference under section 46 of the Act;
(e)a copy of the decision notice of the planning authority as to the manner in which a review of the case under section 43A of the Act has been dealt with and copies of any plans considered by the planning authority in determining the review; and
(f)where an application is deemed to be refused under regulation 9(4) of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 M2 a statement to that effect including the date on which the application is deemed to be refused.
Marginal Citations
4. The information to be contained in the Report is—S
(a)a statement of the number of representations made in respect of the application and a summary of the main issues raised by such representations;
(b)details of the authorities and persons consulted by the planning authority in respect of the application and a summary of the responses made by such authorities or persons;
(c)where in respect of the proposed development—
(i)an environmental statement was submitted;
(ii)an appropriate assessment under the Conservation (Natural Habitats &c.) Regulations 1994 M3 was carried out;
(iii)a design statement or a design and access statement was submitted; or
(iv)any report on the impact or potential impact of the proposed development (for example the retail impact, transport impact, noise impact or risk of flooding) which was submitted in connection with the application,
a summary of the main issues raised by such statement, assessment or report;
(d)a summary of the terms of any planning obligation entered into under section 75 of the Act in relation to the grant of planning permission for the proposed development;
(e)where a direction has been made by the Scottish Ministers under regulation 30, 31, 32 or 33, or under regulation 5(11) or 45 of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 M4, details of such direction in respect of that decision; and
(f)details of the provisions of the development plan and any other material considerations (in addition to any to be included in the Report under above paragraphs) to which the planning authority had regard in determining the application.
5. The register kept by the planning authority must also contain the following information in respect of every application for a certificate under section 150 or 151 of the Act submitted to the authority—
(a)the name and address of the applicant;
(b)the date of the application;
(c)the address or location of the land to which the application relates;
(d)the description of the use, operations or other matter included in the application;
(e)the decision (if any) of the planning authority in respect of the application and the date of such decision; and
(f)the reference number, date and effect of any decision of the Scottish Ministers on an appeal in respect of the application.
6.—(1) Every register must include an index, which must be in the form of a map.
(2) The register for their district is to be kept at the office of the planning authority.
7. Where the register kept by a planning authority under this Schedule is kept using electronic storage, the authority may make the register available for inspection by the public on a website maintained by the authority for that purpose.S
Regulations 20(2)(c) and 41(1)(b)
The following are the classes of development specified for the purposes of regulations 20(2)(c) and 41(1)(b)—
(1) the construction or installation of buildings for use as a public convenience;
(2) the construction of buildings or other operations, or use of land—
(a)for the disposal of refuse or waste materials or for the storage or recovery of reusable metal;
(b)for the retention, treatment or disposal of sewage, trade‑waste, or effluent other than—
(i)the construction of pumphouses in a line of sewers;
(ii)the construction of septic tanks and cesspools serving single dwellinghouses, single caravans or single buildings in which not more than 10 people will normally reside, work or congregate;
(iii)the laying of sewers; or
(iv)works ancillary to those described in sub‑paragraphs (i) to (iii);
(c)as a scrap yard or coal yard; or
(d)for the winning or working of minerals, including management of extractive waste.
(3) the construction of buildings or use of land or buildings for the purpose of slaughtering animals (including fish and poultry) or the processing of animal carcasses for final disposal or as part of the production of other goods;
(4) the construction or use of buildings for any of the following purposes—
(a)building for indoor games
(b)cinema
(c)dancing
(d)fun fair
(e)gymnasium (not forming part of a school, college or university)
(f)hot food shop
(g)licensed premises
(h)music hall
(i)skating rink
(j)swimming pool or
(k)theatre;
(5) the construction of buildings for or the use of buildings or land as—
(a)a crematorium or a cemetery;
(b)a zoo or wildlife park or for the business of boarding or breeding animals;
(6) the construction of buildings and use of buildings or land for motor racing;
(7) the construction of a building to a height exceeding 20 metres;
(8) the construction of buildings, operations and use of buildings or land which will—
(a)affect residential property by reason of fumes, noise, vibration, smoke, artificial lighting, or discharge of any solid or liquid substance;
(b)alter the character of an area of established amenity;
(c)bring crowds into a generally quiet area;
(d)cause activity and noise between the hours of 8 pm and 8 am; or
(e)introduce significant change into a homogeneous area.
Regulation 20(1)
Regulation 25
Subject to regulation 25, the planning authority must before determining an application for planning permission for development consult a person, authority or body mentioned in a paragraph below in the circumstances specified in that paragraph.
1. SEPA—S
(1) where the development is likely to result in a material increase in the number of buildings at risk of being damaged by flooding; or
(2) where the development consists of or includes—
(a)fish farming;
(b)mining operations;
(c)the carrying out of building or other operations or use of land for the purposes of providing or storing mineral oils and their derivatives;
(d)the carrying out of building or other operations (other than the laying of sewers, the construction of pump‑houses in a line of sewers, the construction of septic tanks and cesspools serving single dwellinghouses, single caravans or single buildings in which not more than 10 people will normally reside, work or congregate, and works ancillary thereto) or use of land for the retention, treatment or disposal of sewage, trade‑waste, or effluent;
(e)the carrying out of works or operations in the bed or on the banks of a river or stream;
(f)the use of land as a cemetery; or
(g)the use of land for the deposit of any kind of refuse or waste, including slurry or sludge.
2. Scottish Natural Heritage where—S
(a)the development may affect a site of special scientific interest; or
(b)the development consists of or includes the winning and working of peat other than for the domestic requirements of the applicant.
3. The Health and Safety Executive where the development is within an area which has been notified to the planning authority by the Health and Safety Executive for the purpose of this provision because of the presence within the vicinity of toxic, highly reactive, explosive or inflammable substances [F1(otherwise than on a relevant nuclear site)] and which involves the provision of—S
(a)residential accommodation;
(b)more than 250 square metres of retail floor space;
(c)more than 500 square metres of office floor space; or
(d)more than 750 square metres of floor space to be used for an industrial process,
or which is otherwise likely to result in a material increase in the number of persons working within or visiting the notified area.
Textual Amendments
F1Words in sch. 5 para. 3 inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 209(2) (with Sch. 4)
[F23A. The Office for Nuclear Regulation where the development is within an area which has been notified to the planning authority by the Office for Nuclear Regulation for the purpose of this provision because of the presence within the vicinity of toxic, highly reactive, explosive or inflammable substances on a relevant nuclear site and which involves the provision of—S
(a)residential accommodation;
(b)more than 250 square metres of retail floor space;
(c)more than 500 square metres of office floor space; or
(d)more than 750 square metres of floor space to be used for an industrial process,
or which is otherwise likely to result in a material increase in the number of persons working within or visiting the notified area.]
Textual Amendments
F2Sch. 5 para. 3A inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 209(3) (with Sch. 4)
4. Scottish Natural Heritage, the Health and Safety Executive and SEPA where the development—S
(a)involves the siting of new establishments;
(b)consists of modifications to existing establishments which could have significant repercussions on major accident hazards; or
(c)includes transport links, locations frequented by the public and residential areas in the vicinity of existing establishments, where the siting of development is such as to increase the risk or consequences of a major accident.
5. The Scottish Ministers, in the case of—S
(1) development of land within 67 metres of the middle of, or development comprising the formation, laying out or alteration of any means of access to—
(a)a trunk road;
(b)a proposed trunk road or a proposed special road, being a road the route of which is shown as such in the development plan, or in respect of which the Scottish Ministers have given notice in writing to the planning authority of their proposal, together with the maps or plans sufficient to identify the proposed route of the road;
(c)any road which is comprised in the route of a special road to be provided by the Scottish Ministers in accordance with a scheme under section 7 of the Roads (Scotland) Act 1984 relating to special roads, and which has not for the time being been transferred to them; or
(d)any road which has been or is to be provided by the Scottish Ministers in pursuance of an Order under the provisions of that Act relating to trunk roads and special roads and has not for the time being been transferred to any roads authority;
(2) development likely to result in a material increase in the volume or a material change in the character of traffic entering or leaving a trunk road;
(3) development of land which is situated within 800 metres from any Royal Palace or Park, and might affect the amenities of that Palace or Park;
(4) development which may affect—
(a)a historic garden or designed landscape;
(b)the site of a scheduled monument or its setting; or
(c)a category A listed building or its setting;
(5) development (other than householder development) which may affect a historic battlefield.
(6) development which consists of or includes the winning and working of peat other than for the domestic requirements of the applicant; or
(7) marine fish farm development.
6. The community council, if any, within whose area the development is to take place where—S
(a)the community council, within 7 days (excluding Saturday and Sunday, December 25th and 26th and January 1st and 2nd) of the date on which the planning authority sent to that community council in accordance with regulation 23(1) the list which includes information about the application for such development, informs the planning authority that it wishes to be consulted; or
(b)the development is likely to affect the amenity in the area of the community council.
7. The Coal Authority where the development consists of—S
(a)the erection of a building, other than an alteration, extension or re‑erection of an existing building or the erection of a building of a temporary character; or
(b)the provision of a pipeline,
in an area of coal working or former or proposed coal working notified by the Coal Authority to the planning authority.
8. Any adjoining planning authority, where the development is likely to affect land in the district of that authority.S
9. Network Rail Infrastructure Limited or any other railway undertakers likely to be affected where—S
(a)some part of the development is to be situated within 10 metres of a railway line forming part of the national railway network; or
(b)the development is likely to result in a material increase in the volume or a material change in the character of traffic using a level crossing over a railway.
10. The roads authority concerned, where the development involves—S
(a)the formation, laying out or alteration of any means of access to, or is likely to create or attract traffic which will result in a material increase in the volume of traffic entering or leaving, a road (other than a trunk road) for which the planning authority are not also the roads authority; or
(b)the formation, laying out or alteration of any means of access to land affording access to a toll road.
11. The Theatres Trust where the development involves any land on which there is a theatre as defined in the Theatres Trust Act 1976 M5.S
12. Scottish Water where the development is likely to require a material addition to or a material change in the services provided by that authority.S
13. A district salmon fishery board where the development consists of fish farming.S
14. The Scottish Ministers and the Secretary of State where marine fish farm development may affect a site designated as a controlled site under section 1 of the Protection of Military Remains Act 1986 M6.S
15. The Crofting Commission where the development may have an adverse effect on the continued use of land for crofting.S
16. sportscotland where the development is likely to—S
(a)result in the loss of an outdoor sports facility;
(b)prejudice the use of an existing outdoor sports facility for that purpose; or
(c)prevent the use of land, which was last used as an outdoor sports facility, from being used again for that purpose.
In this Schedule—
(1) “district salmon fishery board” has the meaning assigned to it by section 40 of the Salmon Act 1986 M7;
“historic battlefield” means a battlefield which is included in the inventory of battlefields compiled and maintained under section 32B of the Ancient Monuments and Archaeological Areas Act 1979 M8; and
“outdoor sports facility” means land used as—
an outdoor playing field extending to not less than 0.2ha used for any sport played on a pitch;
an outdoor athletics track;
a golf course;
an outdoor tennis court, other than those within a private dwelling, hotel or other tourist accommodation; and
an outdoor bowling green.
[F3“relevant nuclear site” means a site which is—
a nuclear site (within the meaning given in section 112(1) of the Energy Act 2013);
an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998);
a new nuclear build site (within the meaning given in regulation 2A of those 1998 Regulations).]
“roads authority” has the same meaning as in section 151 of the Roads (Scotland) Act 1984 M9;
“SEPA” means the Scottish Environment Protection Agency established under section 20 of the Environment Act 1995 M10;
“site of special scientific interest” has the same meaning as in section 58(1) of the Nature Conservation (Scotland) Act 2004 M11.
“slurry” means animal faeces and urine (whether or not water has been added);
“special road” means a road provided or to be provided in accordance with a scheme under section 7 of the Roads (Scotland) Act 1984;
“sportscotland” means the Scottish Sports Council;
“toll order” has the same meaning as in Part II of the New Roads and Street Works Act 1991 M12;
“toll road” means a road which is the subject of a toll order;
“trunk road” means a road or proposed road which is a trunk road within the meaning of section 151 of the Roads (Scotland) Act 1984 that is to say, a road which is a trunk road by virtue of section 5 of that Act or of an Order or direction under that section or section 202 of the Act; and
(2) expressions which are used in paragraph 4 and in Council Directive 96/82/EC of the European Council M13 on the control of major accident hazards involving dangerous substances have the same meaning in that paragraph as in that Directive.
Textual Amendments
F3Words in sch. 5 inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 209(4) (with Sch. 4)
Marginal Citations
M81979 c.46. Section 32B was inserted by section 11 of the Historic Environment (Amendment) (Scotland) Act 2011 (asp 3).
M91984 c.54. Section 151 was relevantly amended by the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 135(10) and S.I. 2001/1400.
M13O.J. No. L 10, 14.1.1997, p.13. The Directive was amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council of 29th September 2003 (O.J. No. L 284, 31.10.2003) and Directive 2003/105/EC of the European Parliament and of the Council of 16th December 2003 (O.J. No. L 345, 31.12.2003 p.97).
Regulation 28(4)
Regulation 41(2)
Regulation 44(6)
Regulation 51
Column (1) Provisions revoked | Column (2) References | Column (3) Extent of Revocations |
---|---|---|
The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 | S.S.I. 2008/432 | The whole Regulations |
The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2009 | S.S.I. 2009/220 | Regulation 7 |
The National Scenic Areas (Consequential Modifications) (Scotland) Order 2010 | S.S.I. 2010/460 | Article 13 |
The Management of Extractive Waste (Scotland) Regulations 2010 | S.S.I. 2010/60 | Regulation 3(3) |
The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2011 | S.S.I. 2011/138 | Regulation 2 |
The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 | S.S.I. 2011/139 | Regulation 48 |
The Historic Environment (Amendment) (Scotland) Act 2011 (Saving, Transitional and Consequential Provisions) Order 2011 | S.S.I. 2011/377 | Article 9 |
The Town and Country Planning (Development Management Procedure) (Scotland) Amendment Regulations 2012 | S.S.I. 2012/165 | The whole Regulations |
The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2012 | S.S.I. 2012/325 | The whole Regulations |