Part III Control over Development
Determination of applications
42 Determination of applications to develop land without compliance with conditions previously attached.
1
This section applies, subject to subsection (4), to applications for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.
2
On such an application the planning authority shall consider only the question of the conditions subject to which planning permission should be granted, and—
a
if they decide that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it should be granted unconditionally, they shall grant planning permission accordingly;
b
if they decide that planning permission should be granted subject to the same conditions as those subject to which the previous permission was granted, they shall refuse the application.
F13
The Scottish Ministers may by regulations or a development order make special provision as regards the procedure to be followed in connection with such applications.
4
This section does not apply if the previous permission was granted subject to a condition as to the time within which the development to which it related was to be begun, and that time has expired without the development having been begun.