(1)In determining any application [F1mentioned in section 34(2)], the planning authority shall take into account any representations relating to that application which are received by them before the expiry of any period prescribed under subsection [F2(4)(a)] of that section.
(2)Where an application for planning permission is accompanied by such a certificate as is mentioned in section 35(1)(b), regulations or a development order may—
(a)provide that a planning authority shall not determine an application for planning permission before the end of such period as may be prescribed;
(b)require a planning authority—
(i)to take into account in determining such an application such representations, made within such period, as may be prescribed, and
(ii)to give to any person whose representations have been taken into account such notice as may be prescribed of their decision.
(3)Regulations or a development order making any provision by virtue of this section may make different provision for different cases or different classes of development.
(4)Before a planning authority grant planning permission for the use of land as a caravan site they shall, unless they are also the authority with power to issue a site licence for that land, consult the local authority with that power.
(5)In this section “site licence” means a licence under Part 1 of the M1Caravan Sites and Control of Development Act 1960 authorising the use of land as a caravan site.
Textual Amendments
F1Words in s. 38(1) substituted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 10(2)(a), 59(2) (with S.S.I. 2009/222, art. 4); S.S.I. 2008/411, art. 2(2)(3)(a), S.S.I. 2009/219, art. 2, sch.
F2Word in s. 38(1) substituted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 10(2)(b), 59(2) (with S.S.I. 2009/222, art. 4); S.S.I. 2008/411, art. 2(2)(3)(a) , S.S.I. 2009/219, art. 2, sch.
Marginal Citations