Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

. . . F1 planning authorities S

Textual Amendments

F1 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

256 Application to. . . F2 planning authorities of provisions as to planning control and enforcement. S

(1) In relation to land of. . . F2 planning authorities, and to the development by local authorities of land in respect of which they are the. . . F2 planning authorities, the provisions of this Act specified in Part III of Schedule 19 to this Act shall have effect subject to such exceptions and modifications as may be prescribed by regulations made under this Act.

(2) Subject to the provisions of section 37 of this Act, any such regulations may in particular provide for securing—

(a) that any application by such an authority for planning permission to develop such land, or for any other consent required in relation to such land under the said provisions, shall be made to the Secretary of State and not to the. . . F2 planning authority;

(b) that any order or notice authorised to be made or served under those provisions in relation to such land shall be made or served by the Secretary of State and not by the. . . F2 planning authority.

(3) Sections 23, 24 and 26(2) and (3) of this Act shall apply, with the necessary modifications, in relation to applications made to the Secretary of State in pursuance of regulations made for the purposes of subsection (1) of this section, as they apply in relation to applications for planning permission which fall to be determined by the. . . F2 planning authority.

Textual Amendments

F2 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

[F3 257 Application to. . . F4 planning authorities of provisions as to listed buildings. S

The provisions of this Act specified in Part IV of Schedule 19 to this Act shall have effect for the purpose of applications by planning authorities relating to the execution of works for the demolition, alteration or extension of listed buildings, subject to such exceptions and modifications as may be prescribed by regulations; and the regulations may in particular provide for the making of applications for listed building consent to the Secretary of State and for the service of notices under the said provisions by him.]

Textual Amendments

F3 S. 257 substituted by Town and Country Amenities Act 1974 (c. 32), s. 7(2)

F4 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

Valid from 18/02/1993

[F5 257A Application to planning authorities of provisions as to hazardous substances control. S

(1) The provisions of this Act relating to hazardous substances shall have effect subject to such exceptions and modifications as may be prescribed in relation to hazardous substances consent for planning authorities.

(2) Subject to the provisions of section 56G of this Act, any such regulations may in particular provide for securing—

(a) that any application by such an authority for hazardous substances consent in respect of the presence of a hazardous substance on, over or under such land shall be made to the Secretary of State and not to the planning authority;

(b) that any order or notice authorised to be made, issued or served under those provisions shall be made, issued or served by the Secretary of State and not by the planning authority.]

Textual Amendments

F5 S. 257A inserted (18.2.1993) by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 37, Sch. 7 Pt. II para. 4; S.I. 1993/273, art.4

258 Special provisions as to statutory undertakers who are. . . F6 planning authorities. S

In relation to statutory undertakers who are. . . F6 planning authorities, section 230 of this Act and the provisions specified in subsection (2) of that section shall have effect subject to such exceptions and modifications as may be prescribed by regulations made under this Act.

Textual Amendments

F6 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)