SCHEDULES

SCHEDULE 13 Planning in Scotland: Minor and Consequential Amendments

The 1972 Act

I12

The 1972 Act is amended as follows.

3

In subsection (3)(a) of section 5 (preparation of structure plans), after “measures for" there is inserted “ the conservation of the natural beauty and amenity of the land, ”.

4

In subsection (3)(a) of section 9 (preparation of local plans), after “fit for" there is inserted “ the conservation of the natural beauty and amenity of the land, ”.

I25

For subsections (1) to (3) of section 21 (development orders) there is substituted—

1

The Secretary of State shall by regulations under this Act or by order provide for the granting of planning permission.

2

An order under this section (in this Act referred to as a “development order") may itself grant planning permission for development specified in the order, or for development of any class so specified, and may be made either—

a

as a general order applicable, except so far as it otherwise provides, to all land, but which may make different provision with respect to different descriptions of land; or

b

as a special order applicable only to such land or descriptions of land as may be specified in the order.

3

In respect of development for which planning permission is not granted by a development order, regulations under this Act or an order may provide for the granting of planning permission by the planning authority (or, in the cases hereinafter provided for, by the Secretary of State) on an application in that behalf made to the planning authority in accordance with the regulations or the order.

I36

In section 23 (publication of notices of applications—

a

in subsection (1) before the words “a development order" there is inserted “ regulations under this Act or ”;

b

at the end there is inserted—

4

A planning authority shall not entertain any application for planning permission unless any requirements imposed by virtue of this section have been satisfied.

5

Proceedings for an offence under this section may be brought at any time within the period of two years following the commission of the offence.

I47

In section 28 (directions, etc. as to method of dealing with applications)—

a

in subsection (1)—

i

the words “Subject to the provisions of section 26(2) to (5) of this Act," are omitted;

ii

before the words “a development order" there is inserted “ regulations under this Act or ”; and

iii

for the words “the order", in each place where they occur, there is substituted “ such regulations or the order ”; and

b

in subsection (2) of that section, before the words “a development order" there is inserted “ regulations under this Act or ”.

I148

For section 29 there is substituted—

29 Planning permission for development already carried out.

1

On an application made to a planning authority, the planning permission which may be granted includes planning permission for development carried out before the date of the application.

2

Subsection (1) of this section applies to development carried out—

a

without planning permission;

b

in accordance with planning permission granted for a limited period; or

c

without complying with some condition subject to which planning permission was granted.

3

Planning permission for such development may be granted so as to have effect from—

a

the date on which the development was carried out; or

b

if it was carried out in accordance with planning permission granted for a limited period, the end of that period.

I59

In section 31 (information regarding, and registers of, applications and decisions)—

a

for the words “A development order" in both places where they occur, there is substituted “ Regulations under this Act or a development order ”;

b

for the words “the order" in both places where they occur, there is substituted “ such regulations or the order ”; and

c

for the words “by a development order", in both places where they occur, there is substituted “ by such regulations or the order ”.

I1510

In subsection (4) of section 32 (reference of applications to Secretary of State)—

a

for the words from “23" to “28A" there is substituted “ 26(1) to (3A), 27(1), 27A, 28A and 29 ”; and

b

at the end there is inserted “ and regulations under this Act or a development order may apply, with or without modifications, to an application so referred any requirements imposed by such regulations or such an order by virtue of section 23 or 24 of this Act. ”.

I611

In section 33 (appeals against planning decisions)—

a

in subsection (2), before the words “a development order" there is inserted “ regulations under this Act or ”;

b

in subsection (5)—

i

“23, 24" is omitted;

ii

for “26(1) and (3)" there is substituted “ 26(1) to (3A) ”;

iii

for “and 27A" there is substituted “ , 27A and 29 ”; and

iv

at the end there is inserted “ and regulations under this Act or a development order may apply, with or without modifications, to such an appeal any requirements imposed by regulations or such an order by virtue of section 23 or 24 of this Act ”; and

c

in subsection (7)—

i

for the words “and of the development order" there is substituted “ , any regulations made under this Act in that regard and of any development order ”; and

ii

for the words “under that order" there is substituted “ under such regulations or such order ”.

I712

In section 34 (appeal in default of planning decision), for the words “the development order", in both places where they occur, there is substituted “ regulations under this Act or a development order ”.

I1613

In subsection (3)(c) of section 38 (limit of duration of planning permission), for the words from “granted" to the end there is substituted “ for any development carried out before the grant of planning permission ”.

I814

In section 39 (outline planning permission), before the words “a development order" there is inserted “ regulations under this Act or ”.

15

In subsection (2) of section 40 (provision as to date when development begun), after paragraph (a) there is inserted—

aa

any work of demolition of a building;

I1716

In section 49 (orders requiring discontinuance of use etc.), for subsection (3) there is substituted—

3

The planning permission which may be granted by an order under this section includes planning permission, subject to such conditions as may be specified in the order, for development carried out before the date on which the order was submitted to the Secretary of State under this section.

3A

Planning permission for such development may be granted so as to have effect from—

a

the date on which the development was carried out; or

b

if it was carried out in accordance with planning permission granted for a limited period, the end of that period.

I3217

Section 51 is omitted.

I3318

In subsection (3) of section 55 (acts causing or likely to result in damage to listed buildings), for “£40" there is substituted “ one-tenth of level 3 on the standard scale ”.

I1819

In section 84A (power of regional planning authority to take enforcement action) in subsection (2) for the words “84 (except subsection (1))," there is substituted “ 83A, 83B, 84 (except subsection (1)), 84AA, 84AB, ”.

I1920

In section 85 (appeal against enforcement notice)—

a

in subsection (2B)(d) for the words from “being" to “situated" there is substituted “ to such persons as may be specified ”;

b

in subsection (4)—

i

for paragraph (a) there is substituted—

a

the Secretary of State may—

i

correct any defect, error or misdescription in the enforcement notice; or

ii

vary the terms of the enforcement notice,

if he is satisfied that the correction or variation will not cause injustice to the appellant or the planning authority;

ii

in paragraph (b) for “84(5)" there is substituted “ 84(2) ”; and

c

in subsection (5)—

i

“or for varying the terms of the notice in favour of the appellant" is omitted; and

ii

for paragraphs (a) to (b) there is substituted—

a

grant planning permission in respect of any of the matters stated in the enforcement notice as constituting a breach of planning control or any of those matters so far as relating to part of the land to which the notice relates;

b

discharge any condition or limitation subject to which planning permission was granted;

c

grant planning permission for such other development on the land to which the enforcement notice relates as appears to him to be appropriate; and

d

determine whether on the date on which the appeal was made, any existing use of the land was lawful, any operations which had been carried out in, on, over or under the land were lawful or any matter constituting a failure to comply with any condition or limitation subject to which the permission was granted was lawful and, if so, issue a certificate under section 90 of this Act.

d

after subsection (5) there is inserted—

5A

The provisions of sections 90 to 90C of this Act mentioned in subsection (5B) of this section shall apply for the purposes of subsection (5)(d) of this section as they apply for the purposes of section 90 of this Act, but as if—

a

any reference to an application for a certificate were a reference to the appeal and any reference to the date of such an application were a reference to the date on which the appeal is made; and

b

references to the planning authority were references to the Secretary of State.

5B

Those provisions are: sections 90(5) to (7), 90B(4) (so far as it relates to the form of the certificate), (6) and (7) and 90C.

e

in subsection (6), for the words from “and any planning permission" to the end there is substituted—

6A

The planning permission which may be granted under subsection (5) of this section is any planning permission which might be granted on an application under Part III of this Act.

6B

Where the Secretary of State discharges a condition or limitation under subsection (5) of this section, he may substitute for it any other condition or limitation.

f

in subsection (7), for “for the development to which the notice relates" there is substituted “ in respect of the matters stated in the enforcement notice as constituting a breach of planning control ”; and

g

subsection (11) is omitted.

I2021

In section 87 (stop notices)—

a

in subsection (4)(c), for “84(7)(c)" there is substituted “ 84AA(9) ”;

b

in subsection (5), for the words “activity prohibited by the stop notice" there is substituted “ relevant activity ”;

c

in subsection (6) for the words “activities which constitute or involve the breach of planning control alleged" there is substituted “ the relevant activity specified ”; and

d

in subsection (9), for “84(5)" there is substituted “ 84 ”.

I3122

In subsection (1) of section 87A (register of various notices), for the words “waste land notices" there is substituted “ notices under section 63 of this Act ” and after “enforcement notices" there is inserted “ , breach of condition notices ”.

I2123

In subsection (2) of section 88 (execution and cost of works required by enforcement notice), “(as defined in section 84(2) of this Act)" is omitted.

I2224

In section 89 (enforcement notice to have effect against subsequent development)—

a

in subsection (1), for “demolition" there is substituted “ removal ”; and

b

in subsections (3) and (4) for “demolished" in each place where it occurs there is substituted “ removed ”.

I2325

For section 89A there is substituted—

89A Effect of planning permission, etc., on enforcement or breach of condition notice.

1

Where, after the service of—

a

a copy of an enforcement notice; or

b

a breach of condition notice,

planning permission is granted for any development carried out before the grant of that permission, the notice shall cease to have effect so far as inconsistent with that permission.

2

Where, after a breach of condition notice has been served, any condition to which the notice relates is discharged, the notice shall cease to have effect so far as it requires any person to secure compliance with the condition in question.

3

The fact that an enforcement notice or breach of condition notice has wholly or partly ceased to have effect by virtue of this section shall not affect the liability of any person for an offence in respect of a previous failure to comply, or secure compliance, with the notice.

I3426

In section 91 (grant of certificate by Secretary of State on referred application or appeal against refusal)—

a

for “an established use certificate" in subsection (2) there is substituted “ a certificate under section 90 or 90A ”;

b

subsections (3) and (5) are omitted; and

c

at the end there is inserted—

7

Where the Secretary of State or a person appointed by him under Schedule 7 to this Act to determine an appeal grants a certificate under section 90 or 90A of this Act, the Secretary of State or that person shall give notice to the planning authority of that fact.

I2427

In subsection (2) of section 101 (enforcement of control as to advertisements), for “£40" there is substituted “ one-tenth of level 3 on the standard scale ”.

I928

In subsection (1) of section 145 (determination of claims)—

a

the words “this Part of", in both places where they occur, are omitted; and

b

at the end there is inserted—

d

for requiring the Secretary of State to pay any compensation determined under this section to the person entitled thereto.

I2529

In subsection (1) of section 166 (compensation for loss due to stop notice)—

a

for the words “in any of the circumstances mentioned in subsection (2) of this section" there is substituted “ subject to the provisions of this section, ”; and

b

at the end there is inserted “ or, in a case to which subsection (2)(b) of this section applies, the prohibition of such of the activities prohibited by the stop notice as cease to be relevant activities ”.

I2630

In subsection (2) of that section—

a

for paragraphs (a) and (b) there is substituted—

a

the enforcement notice is quashed on grounds other than those mentioned in paragraph (a) of section 85(1) of this Act;

b

the enforcement notice is varied (otherwise than on the grounds mentioned in that paragraph) so that any activity the carrying out of which is prohibited by the stop notice ceases to be a relevant activity within the meaning of section 87(2) of this Act;

b

in paragraph (c) the words from “or for its retention" to “granted" are omitted.

I3531

In subsection (5) of section 201 (order extinguishing right to use vehicles on highway), the definition of “lawful access" is omitted.

I3632

Section 214(3) is omitted.

I3733

In subsection (3)(g) of section 231 (validity of development plans and certain orders, decisions and directions), for the words “an established use certificate" there is substituted “ a certificate under section 90 or 90A of this Act ”.

I3834

Section 234 is omitted.

I2735

In section 242(2)(b) for “sections 97" there is substituted “ sections 91A, 91B, 97 ”.

I10C136

In subsection (1)(b) of section 247 (expenses of government departments), for “Part VII" there is substituted “ section 145 ”.

I2837

In section 253 (exercise of powers in relation to Crown land), in subsection (2)(a) for “84" there is substituted “ 83C, 84, 84AB, 87, 87AA ”.

I1138

In section 265 (rights of entry)—

a

in subsection (1)(b)—

i

“58 or" is omitted; and

ii

for the words “either of those sections" there is substituted “ section 61 ”;

b

in subsection (1)(c)—

i

after “Part IV" there is inserted “ other than sections 58 to 60 ”; and

ii

for the words “Part V" there is substituted “ sections 92 to 97BC and 101 ”;

c

subsection (2A)(a) is omitted;

d

in subsection (4)(b), “or 99" is omitted;

e

in subsection (5) “Part VII of" is omitted; and

f

in subsection (6) after “other than section" where it first occurs there is inserted “ 163 or ”.

I2939

In section 266 (supplementary provisions as to rights of entry)—

a

in subsection (1) after “authority" there is inserted “ and state the purpose of his entry ”;

b

in subsection (3) for “premises" there is substituted “ land ”.

I3040

1

In subsection (1) of section 275 (interpretation)—

a

after the definition of “authority to whom Part II of the 1959 Act applies" there is inserted—

“breach of condition notice” has the meaning given in section 87AA of this Act;

“breach of planning control” has the meaning given in section 83A of this Act;

b

at the end of the definition of “building or works" there is inserted “ and references to the removal of buildings or works include demolition of buildings and filling in of trenches ”;

C2c

for the definition of “building operations" there is substituted—

“building operations” has the meaning given by section 19 of this Act;

d

the definition of “established use certificate" is omitted;

e

after the definition of “owner" there is inserted—

“planning contravention notice” has the meaning given in section 83C of this Act;

f

in the definition of “planning permission" the words from “and in construing" to the end are omitted.

2

In subsection (9) of that section, for “or 257" there is substituted “ , 257 or 258 ”.

I1241

1

In paragraph 2 of Schedule 7 (determination of appeals), in sub-paragraph (1)(a), for “subsections (3) and (5)" there is substituted “ subsections (3), (5) and (7A) ”.

2

In paragraph 2 of that Schedule, in sub-paragraph (2), after “85(2)" there is inserted “ to (2D) ” and after “93(2)" there is inserted “ and (2A) ”.

3

In paragraph 3 of that Schedule, in sub-paragraph (2), for “section 26(3)(a)" there is substituted “ section 26(3) ”.

4

In paragraph 3A of that Schedule, in sub-paragraph (2), for “26(3)(a)" there is substituted “ 26(3) ”.

42

In paragraph 2 of Schedule 10 (control of works for demolition etc.), in sub-paragraph (1)—

a

for the words “or other of those described in section 24(1)(a) to (d)" there is substituted “ prescribed under section 24 ”; and

b

for the words “24(2) to (4) and 26(3)" there is substituted “ 24 and 26(3) and (3A) ”.

I1343

In Schedule 19 (sections 250, 251 etc.)—

a

in Part I—

i

after the entry for section 26(1) there is inserted “ Section 26A ”;

ii

for “Sections 48 to 51" there is substituted “ Section 49 to 50 ”;

iii

after the entry for sections 88 to 89 there is inserted—

Section 90A.

Sections 91A to 91C.

iv

after the entry relating to section 98 there is inserted—

“ Sections 99A to 99C. ”;

b

in Part II—

i

in the entry for section 33, for “and" there is substituted “ to ”;

ii

after the entry relating to section 56 there is inserted—

“ Sections 83A to 83D. ”;

iii

after the entry relating to section 87 there is inserted—

“ Section 87AA. ”; and

c

in Part III after the entry for sections 61 to 63A there is inserted—

“ Sections 83A to 83D. ”