2021 No. 292

Town And Country Planning

The Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2021

Made27th August 2021

Laid before the Scottish Parliament31st August 2021

Coming into force29th September 2021

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

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RevocationsI46

1

The provisions specified in paragraph (2) are revoked.

2

The provisions are—

a

regulations 4 and 5 of the Town and Country Planning (Emergency Period and Extended Period) (Coronavirus) (Scotland) Regulations 20215, and

b

the Town and Country Planning (Emergency Period and Extended Period) (Coronavirus) (Scotland) Amendment Regulations 20216.

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”.

TOM ARTHURAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to the definitions of “emergency period” and “extended period” in sections 58(3C) and 59(8C) of the Town and Country Planning (Scotland) Act 1997 (“the Act”), as it has effect by virtue of paragraphs 8 to 10 of schedule 7 of the Coronavirus (Scotland) Act 2020, and in section 16(6) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (“the Listed Buildings Act”). These Regulations also make amendments to the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 and the Town and Country Planning (Pre-Application Consultation) (Scotland) Amendment Regulations 2021.

Regulations 2 and 3 amend the definitions of “emergency period” and “extended period” in sections 58(3C) and 59(8C) of the Act and in section 16(6) of the Listed Buildings Act

As currently defined by sections 58(3C) and 59(8C) of the Act, as amended by S.S.I. 2020/254 and S.S.I. 2021/100, the “emergency period” began on 7 April 2020 and would end on 30 September 2021 and the “extended period” began on 7 April 2020 and would end on 31 March 2022. As amended by these Regulations the “emergency period” is the period which began on 7 April 2020 and will end at the end of 31 March 2022 and the “extended period” is the period which began on 7 April 2020 and will end at the end of 30 September 2022.

As currently defined by section 16(6) of the Listed Buildings Act, as amended by S.S.I. 2020/254 and S.S.I. 2021/100, the “emergency period” began on 27 May 2020 and would end on 30 September 2021 and the “extended period” began on 27 May 2020 and would end on 31 March 2022. As amended by these Regulations the “emergency period” is the period which began on 27 May 2020 and will end at the end of 31 March 2022 and the “extended period” is the period which began on 27 May 2020 and will end at the end of 30 September 2022.

Regulation 4 makes saving provisions in respect of planning permissions granted before the expiry of the emergency period. The provisions of sections 58 and 59 of the Act, as they had effect immediately before the expiry of the emergency period continue to have effect, with modifications, in relation to the duration of planning permissions granted before the expiry of the emergency period. The modifications are that the powers to make regulations to further amend the definitions of “emergency period” and “extended period” will not continue to have effect after the expiry of the Coronavirus (Scotland) Act 2020 at the end of 31 March 2022.

Regulation 5 makes equivalent saving provisions in respect of listed building consents granted before the expiry of the emergency period. The provisions of section 16 of the Listed Buildings Act continue to have effect as immediately before the expiry of the Coronavirus (Scotland) Act (No. 2) 2020, with modifications in relation to the duration of listed building consent granted before the expiry of the emergency period. The powers to make regulations to further amend the definitions of “emergency period” and “extended period” will not continue to have effect after the expiry of the Coronavirus (Scotland) (No. 2) Act 2020 at the end of 31 March 2022.

The provisions of regulations 4 and 5 replace and supercede the saving provisions contained in regulations 4 and 5 of the Town and Country Planning (Emergency Period and Extended Period) (Coronavirus) (Scotland) Regulations 2021. Those provisions are therefore revoked by regulation 6 along with the Town and Country Planning (Emergency Period and Extended Period) (Coronavirus) (Scotland) Amendment Regulations 2021 which amended them.

Regulation 7 amends the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 to modify the information required to be included in notices published under regulation 7(2) of those Regulations and to align the dates of the emergency period with the changes made by regulation 2 of these Regulations.

Regulation 8 amends the date on which the Town and Country Planning (Pre-Application Consultation) (Scotland) Amendment Regulations 2021 come into force from 1 October 2021 to 1 April 2022 and makes consequential changes to the related transitional and savings provisions.

Regulation 9 amends the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 to remove, with effect from the end of 30 September 2021, the temporary suspension of the requirement to hold a meeting of a local review body in public.