2021 No. 292
The Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2021
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by sections 32, 35A, 35B, 35C, 43A(10) and (11), 58(3D), 59(8D) and 275 of the Town and Country Planning (Scotland) Act 19971, section 16(7) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 19972, section 12(9) of the Coronavirus (Scotland) Act 20203, section 9(9) of the Coronavirus (Scotland) (No. 2) Act 20204 and all other powers enabling them to do so.
PART 1Citation, commencement and interpretation
Citation, commencement and interpretationI21
1
These Regulations may be cited as the Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2021 and come into force on 29 September 2021.
2
In these Regulations—
“the Act” means the Town and Country Planning (Scotland) Act 1997, and
“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.
PART 2Amendment of Emergency Period and Extended Period
Amendment of the definition of “emergency period”I12
1
In the definition of “emergency period” in section 58(3C) (duration of planning permission) of the Act, for “on 30 September 2021” substitute “at the end of 31 March 2022”.
2
In the definition of “emergency period” in section 59(8C) (planning permission in principle) of the Act, for “on 30 September 2021” substitute “at the end of 31 March 2022”.
3
In the definition of “emergency period” in section 16(6) (duration of listed building consent) of the Listed Buildings Act, for “on 30 September 2021” substitute “at the end of 31 March 2022”.
Amendment of the definition of “extended period”I33
1
In the definition of “extended period” in section 58(3C) of the Act for “on 31 March 2022” substitute “at the end of 30 September 2022”.
2
In the definition of “extended period” in section 59(8C) of the Act for “on 31 March 2022” substitute “at the end of 30 September 2022”.
3
In the definition of “extended period” in section 16(6) of the Listed Buildings Act for “on 31 March 2022” substitute “at the end of 30 September 2022”.
Saving provisions – planning permissionF14
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Saving provisions - listed building consentF25
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
RevocationsI46
1
The provisions specified in paragraph (2) are revoked.
PART 3Pre-Application Consultation
Amendment of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013I57
1
The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 20137 are amended in accordance with paragraphs (2) and (3).
2
In regulation 7 (pre-application consultation) for paragraph (2)(b)(ii) substitute—
ii
details as to how (including by what electronic means) further information may be obtained concerning the proposed development,
3
In regulation 7A (temporary relaxation of pre-application consultation requirements during coronavirus emergency period)—
a
omit paragraph (2)(b) and “and” immediately preceding that paragraph, and
b
in paragraph (3) for “on the date on which Part 1 of the Coronavirus (Scotland) Act 2020 expires in accordance with section 12 of that Act” substitute “at the end of 31 March 2022”.
Amendment of the Town and Country Planning (Pre-Application Consultation) (Scotland) Amendment Regulations 2021I68
1
The Town and Country Planning (Pre-Application Consultation) (Scotland) Amendment Regulations 20218 are amended in accordance with paragraphs (2) and (3).
2
In regulation 1(1) (citation, commencement and interpretation) for “1 October 2021” substitute “1 April 2022”.
3
In regulation 10 (transitional and savings provisions)—
a
for “1 October 2021” substitute “1 April 2022”, and
b
in paragraph (b) for “8” substitute “7”.
PART 4Local Review Bodies
Amendment of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013I79
1
The Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 20139 are amended in accordance with paragraph (2).
2
In regulation 7A(2) (temporary removal of requirement to hold meeting of local review body in public during Coronavirus emergency period) for “on the date on which Part 1 of the Coronavirus (Scotland) Act 2020 expires in accordance with section 12 of that Act” substitute “at the end of 30 September 2021”.
(This note is not part of the Regulations)