The Town and Country Planning (Pre-Application Consultation) (Scotland) Amendment Regulations 2021

Pre-application consultation – exemptions4A

1

The circumstances specified for the purposes of section 35A(1A)(b) of the Act (pre-application consultation: preliminary) in which section 35A(1) of the Act does not apply to an application for planning permission are set out in paragraph (2).

2

The circumstances are where all of paragraphs (a) to (d) apply—

a

the application for planning permission relates to proposed development—

i

of the same character or description as development (or part of the development) in respect of which an earlier application for planning permission was made (“the earlier application”),

ii

comprised within the description of the development 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

iii

to be situated on or within the same site as the development to which the earlier application related and on no other land except land which is solely for the purpose of providing a different means of access to the site of the proposed development,

b

there has been compliance with the requirements of section 35B in respect of the earlier application,

c

the planning authority have not exercised their power under section 39 to decline to determine the earlier application, and

d

the application for planning permission is made no later than 18 months after the validation date of the earlier application.

3

Where the applicant believes that section 35A(1) of the Act does not apply to an application for planning permission by virtue of section 35A(1A)(b) a statement to that effect must accompany the application for planning permission and that statement must identify the earlier application.

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.

Form and content of pre-application consultation report7B

A pre-application consultation report must contain—

a

the dates on which, and places where, public events were held as required in accordance with regulation 7(2),

b

a description of—

i

any additional consultation or notification required by the planning authority in relation to the proposed application under section 35B(7) of the Act,

ii

any additional steps taken by the prospective applicant to consult with members of the public as regards the proposed development,

c

a list of bodies, groups and organisations who were consulted by the prospective applicant,

d

evidence as to how the prospective applicant carried out the activities described under sub-paragraphs (a), (b) and (c),

e

copies of—

i

any materials sent to consultees,

ii

any materials provided to those attending a public event, and

iii

any visual presentation shown or displayed at a public event,

f

photographs of any display boards or models at public events,

g

confirmation as to whether consultees and attendees at public events were informed that pre-application consultation does not remove the right or the potential need to comment on the final application once it is made to the planning authority,

i

a summary of—

i

the written responses to consultations, and

ii

views raised at public events,

including an indication of the number of written responses received and the number of persons who attended the public events,

j

an explanation of how the prospective applicant took account of views raised during the pre-application consultation process, and

k

an explanation of how members of the public were given feedback on the prospective applicant’s consideration of the views raised during the pre-application consultation process.