(1)This section applies to a development if the appropriate authority certifies—
(a)that the development is of national importance, and
(b)that it is necessary that the development is carried out as a matter of urgency.
(2)The appropriate authority may, instead of making an application for planning permission to the planning authority in accordance with Part 3, make an application for planning permission to the Scottish Ministers under this section.
(3)If the appropriate authority proposes to make the application to the Scottish Ministers, it must publish in one or more newspapers circulating in the locality of the proposed development a notice—
(a)describing the proposed development, and
(b)stating that the authority proposes to make the application to the Scottish Ministers.
(4)For the purposes of an application under this section the appropriate authority must provide to the Scottish Ministers—
(a)any matter required to be provided by an applicant for planning permission in pursuance of regulations made under section 40,
(b)a statement of the authority’s grounds for making the application.
(5)If the appropriate authority makes an application under this section subsections (6) to (11) below apply.
(6)The Scottish Ministers may require the authority to provide them with such further information as they think necessary to enable them to determine the application.
(7)As soon as practicable after they are provided with any document or other matter in pursuance of subsection (4) or (6) the Scottish Ministers must make a copy of the document or other matter available for inspection by the public in the locality of the proposed development.
(8)The Scottish Ministers must in accordance with such requirements as they may specify in a development order publish notice of the application and of the fact that such documents and other material are available for inspection.
(9)The Scottish Ministers must consult—
(a)the planning authority, and
(b)such other persons as may be so specified,
about the application.
(10)Subsection (7) above does not apply to the extent that the document or other matter is subject to any direction given under section 265A(3) of this Act.
(11)Subsections (4) [F2and] (7) of section 46 apply to an application under this section as they apply to an application in respect of which a direction under section 46 has effect.]
Textual Amendments
F1S. 242A inserted (20.3.2006 for specified purposes, 11.5.2006 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 92(1), 121(4) (with s. 111); S.S.I. 2006/101, art. 2, sch.; S.S.I. 2006/243, art. 3
F2Word in s. 242A(11) substituted (3.8.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(13), 59(2) (with S.S.I. 2009/222, art. 13; S.S.I. 2009/219, art. 2, sch.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3S. 243 repealed (12.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 121(4), Sch. 5 para. 9(1), Sch. 9 (with s. 111, Sch. 5 para. 9(2)); S.S.I. 2006/268, art. 3(e)(f)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4S. 244 repealed (12.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 121(4), Sch. 5 para. 9(1), Sch. 9 (with s. 111, Sch. 5 para. 9(2)); S.S.I. 2006/268, art. 3(e)(f)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5S. 245 repealed (12.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 94(1), 121(4), Sch. 9 (with s. 111); S.S.I. 2006/268, art. 3(b)(e)
(1)No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act; but the Court of Session may, on the application of a public authority or office-holder responsible for the enforcement of anything required to be done, or prohibited, by or under this Act, declare unlawful any act or omission so done or suffered.
(2)A planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.
(3)The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate.
(4)A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.
(5)A step taken for the purposes of enforcement includes—
(a)entering land,
(b)initiating proceedings,
(c)the making of an application.
(6)A step taken for the purposes of enforcement does not include—
(a)service of a notice,
(b)the making of an order (other than a court order).]
Textual Amendments
F6S. 245A inserted (12.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 94(2), 121(4) (with s. 111); S.S.I. 2006/268, art. 3(b)
(1)Subsection (2) applies to the extent that an interest in land is a Crown interest.
(2)Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority.
(3)An interest in land includes an interest only as occupier of the land.]
Textual Amendments
F7S. 245B inserted (12.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 94(3), 121(4) (with s. 111); S.S.I. 2006/268, art. 3(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8S. 246 repealed (12.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 121(4), Sch. 5 para. 23, Sch. 9 (with s. 111); S.S.I. 2006/268, art. 3(e)(f)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F9S. 247 repealed (12.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 121(4), Sch. 9 (with s. 111); S.S.I. 2006/268, art. 3(e)
(1)This section applies to an application for planning permission or for a certificate under section 151 made by or on behalf of the Crown.
(2)The Scottish Ministers may by regulations modify or exclude any statutory provision relating to the making and determination of such applications.
(3)A statutory provision is a provision contained in or having effect under any enactment (including any enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament).]
Textual Amendments
F10S. 247A inserted (20.3.2006 for specified purposes, 12.6.2006 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 121(4), Sch. 5 para. 10(1) (with s. 111); S.S.I. 2006/101, art. 2, sch.; S.S.I. 2006/268, art. 3(f)