Town and Country Planning (Scotland) Act 1997

Development orders S

30 Development orders: general. S

(1) The Secretary of State shall by regulations 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 [F1 and according to whether a development is a national development, a major development or a local development], or

(b) as a special order applicable only to such land or descriptions of land[F2 , or to such categories of development,] as may be specified in the order.

(3) In respect of development for which planning permission is not granted by a development order, regulations or an order may provide for the granting of planning permission by the planning authority (or, where this Part so provides, by the Secretary of State) on an application made to the planning authority in accordance with the regulations or the order.

Textual Amendments

F1 Words in s. 30(2)(a) added (3.8.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(3)(a), 59(2); S.S.I. 2009/219, art. 2, sch.

F2 Words in s. 30(2)(b) inserted (3.8.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(3)(b), 59(2); S.S.I. 2009/219, art. 2, sch.

31 Permission granted by development order. S

(1) Planning permission granted by a development order may be granted either unconditionally or subject to such conditions or limitations as may be specified in the order.

(2) Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for the erection, extension or alteration of any buildings, the order may require the approval of the planning authority to be obtained with respect to the design or external appearance of the buildings.

(3) Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for development of a specified class, the order may enable the Secretary of State or the planning authority to direct that the permission shall not apply either—

(a) in relation to development in a particular area, or

(b) in relation to any particular development.

(4) Any provision of a development order by which permission is granted for the use of land for any purpose on a limited number of days in a period specified in that provision shall (without prejudice to the generality of references in this Act to limitations) be taken to be a provision granting permission for the use of land for any purpose subject to the limitation that the land shall not be used for any one purpose in pursuance of that provision on more than that number of days in that period.

(5) For the purpose of enabling development to be carried out in accordance with planning permission, or otherwise for the purpose of promoting proper development in accordance with the development plan, a development order may direct that any enactment passed before 13th August 1947, or any regulations, orders or byelaws made at any time under any such enactment—

(a) shall not apply to any development specified in the order, or

(b) shall apply to it subject to such modifications as may be so specified.

Modifications etc. (not altering text)

C1 S. 31 extended (1.8.1999) by S.S.I. 1999/1, reg. 46