Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

28 Directions, etc. as to method of dealing with applications. S

(1) Subject to the provisions of section 26(2) to (5) of this Act, provision may be made by [F2 regulations under this Act or] a development order for regulating the manner in which applications for planning permission to develop land are to be dealt with by. . . F3 planning authorities, and in particular—

(a) for enabling the Secretary of State to give directions restricting the grant of planning permission by the. . . F3 planning authority, either indefinitely or during such period as may be specified in the directions, in respect of any such development, or in respect of development of any such class, as may be so specified;

(b) for authorising the. . . F3 planning authority, in such cases and subject to such conditions as may be prescribed by [F4 such regulations or the order], or by directions given by the Secretary of State thereunder, to grant planning permission for development which does not accord with the provisions of the development plan;

(c) for requiring the. . . F3 planning authority, before granting or refusing planning permission for any development, to consult with such authorities or persons as may be prescribed by [F4 such regulations or the order] or by directions given by the Secretary of State thereunder;

(d) for requiring the. . . F3 planning authority to give to any applicant for planning permission, within such time as may be prescribed by [F4 such regulations or the order], such notice as may be so prescribed as to the manner in which his application has been dealt with;

[F5 (dd) for requiring the planning authority to give any applicant for any consent, agreement or approval required by a condition imposed on a grant of planning permission notice of their decision on his application, within such time as may be so prescribed;]

(e) for requiring the. . . F3 planning authority to give to the Secretary of State and to such other persons as may be prescribed by or under [F4 such regulations or the order], such information as may be so prescribed with respect to applications for planning permission made to the authority, including information as to the manner in which any such application has been dealt with.

[F6 (2) The provisions of paragraphs (d) and (e) of subsection (1) above shall apply in relation to applications for an approval required by [F7 regulations under this Act or]a development order as they apply in relation to applications for planning permission.]

[F8 (3) In this section “planning authority” includes a regional planning authority.]

Textual Amendments

F2 Words in s. 28(1) inserted (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 61, 84(6), Sch. 13, para. 7(a)(ii), (with s. 84(5)); S.I. 1991/2092, art.3

F3 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F4 Words in s. 28(1) substituted (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 61, 84(6), Sch. 13, para. 7(a)(iii), (with s. 84(5)); S.I. 1991/2092, art.3

F5 S. 28(dd) inserted by Local Government and Planning (Scotland) Act 1982 (c.43), Sch. 2 para. 6(a)

F6 S. 28(2) as originally enacted repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29 and a new s. 28(2) added by Local Government and Planning (Scotland) Act 1982 (c.43), Sch. 2 para. 6(b)

F7 Words in s. 28(2) inserted (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 61, Sch. 13, para. 7(b) (with s. 84(5)); S.I. 1991/2092, art.3

F8 S. 28(3) as originally enacted repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29 and a new s. 28(3) added by Local Government and Planning (Scotland) Act 1982 (c.43), Sch. 2 para. 6(c)

Modifications etc. (not altering text)

C3 S. 28 extended by S.I. 1988/1221, art. 5