Town and Country Planning (Scotland) Act 1959

21 Extension of ss. 18, 19 and 20 to planning permission where no planning decision made

(1) The provisions of sections eighteen, nineteen and twenty of this Act (except subsection (2) of the said section twenty) shall have effect in relation to any planning permission which, in accordance with any direction or provision given or made by or under an enactment, is deemed to be granted for any development, as if a planning decision granting that permission had been made at the time when, in accordance with the enactment in question, the permission is deemed to be granted:

Provided that, in the case of a direction given under an enactment which contains no provision as to the time when the permission is deemed to be granted, those provisions shall have effect as if such a planning decision had been made at the time when the direction is given.

(2) The provisions of sections eighteen, nineteen and twenty of this Act (except subsection (2) of the said section twenty) shall have effect in relation to any planning permission which is granted for any development by virtue of a development order, as if—

(a) a planning decision granting that permission had been made at the time of the occurrence of the event in consequence of which (in accordance with the provisions of the order) the development is deemed to be sanctioned by a government department, or

(b) in a case not falling within the preceding paragraph, such a planning decision had been made at the time when the development is initiated.

(3) Where the provisions of sections eighteen and nineteen of this Act have effect as applied by subsection (1) or subsection (2) of this section, then if—

(a) before the time of the planning decision which is to be assumed in accordance with those provisions as so applied, a person who (in accordance with the provisions of subsection (1) of section twenty of this Act as so applied) is entitled to give an address for service under that section has given such an address to the acquiring authority, and

(b) the development is proposed to be carried out by the acquiring authority, or, if it is proposed to be carried out by a person other than the acquiring authority, notice of that proposal is given to the acquiring authority by the person proposing to carry out the development,

it shall (subject to the next following subsection) be the duty of the acquiring authority to give notice of that proposal in the prescribed form to the first-mentioned person at the address given by him to the authority.

(4) An acquiring authority shall not be required by virtue of 'the last preceding subsection to give notice of proposed development to the person mentioned in paragraph (a) of subsection (1) of section twenty of this Act at a time after an address for service has been given to them by such a person as is mentioned in paragraph (b) of the said subsection (1), if they have reasonable grounds for behaving that the former person is dead or that any other act or event has occurred such as is mentioned in subsection (5) of section eighteen of this Act.

(5) Any reference in this section to subsection (1) of section twenty of this Act shall include a reference to that subsection as extended by subsection (7) of that section, and any reference in this section to subsection (5) of section eighteen of this Act shall accordingly include a reference to subsection (4) of section nineteen of this Act.