Town and Country Planning (Scotland) Act 1997

58 [F1 Duration of planning permission] S

[F2 (1) Subject to subsection (2), a planning permission to which this section applies, whether granted or deemed to be granted, lapses on the expiration of a period of 3 years (beginning with the date on which the permission is granted or as the case may be deemed to be granted) unless the development to which the permission relates is begun before that expiration.

(2) The authority concerned may, in granting any such planning permission (or as the case may be in making a direction under section 57), direct that subsection (1) is not to apply as respects the permission but that the permission is to lapse on the expiration of a period, whether longer or shorter than 3 years, specified in the direction (under this section) unless the development to which the permission relates is begun before that expiration.

(3) For the purposes of [sections 43A(8)(b) and] 47(1)(a), (3) and (4)(a)—

(a) any such direction, or

(b) the effect of subsection (1) as that subsection applies in consequence of the authority electing not to make such a direction,

is to be treated as a condition subject to which the application is granted.

(3A) A period specified under subsection (2) is to be a period—

(a) beginning as mentioned in subsection (1), and

(b) which the authority concerned consider appropriate having regard to the provisions of the development plan and to any other material considerations.]

[F3 (3B) During the emergency period, a planning permission which otherwise would lapse under subsection (1) or (2) lapses at the end of the extended period, unless, before the end of the extended period, the development to which the permission relates is begun.

(3C) In subsection (3B)—

• “emergency period” means the period F4 ... beginning with the date on which paragraph 9 of schedule 7 of the Coronavirus (Scotland) Act 2020 came into force [F5 and ending [F6 at the end of 31 March 2022]],

• “extended period” means the period F7 ... beginning with [F8 the date that paragraph came into force and ending [F9 at the end of 30 September 2022]].

(3D) The Scottish Ministers may, by regulations, amend the definition of “emergency period” or “extended period” in subsection (3C).

(3E) Regulations under subsection (3D) are subject to the negative procedure.]

(4) [F10 This section applies to every planning permission with the exception of]—

(a) any planning permission granted by a development order,

(b) any planning permission for any development carried out before the grant of planning permission,

(c) any planning permission granted for a limited period,

[F11 (ca) any planning permission granted before the date on which section 20 of the Planning etc. (Scotland) Act 2006 came into force,]

(d) any planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste which is granted (or deemed to be granted) subject to a condition that the development to which it relates must be begun before the expiration of a specified period after—

(i) the completion of other development consisting of the winning and working of minerals already being carried out by the applicant for the planning permission, or

(ii) the cessation of depositing of mineral waste already being carried out by the applicant for the planning permission,

(e) any planning permission granted by an enterprise zone scheme,

(f) any planning permission granted by a simplified planning zone scheme, or

(g) any [F12 planning permission in principle], within the meaning of section 59.

Textual Amendments

F1 S. 58 heading 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. 20(2), 59(2) (with S.S.I. 2009/222, art. 10(2)(b)); S.S.I. 2008/411, art. 2(2)(3)(a), S.S.I. 2009/219, art. 2, sch.

F2 S. 58(1)-(3A) substituted for s. 58(1)-(3) (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. 20(1)(a), 59(2) (as amended (2.8.2009) by S.S.I. 2009/256, arts. 1(2), 5(2)) (with S.S.I. 2009/222, art. 10(2)(b)); S.S.I. 2008/411, art. 2(2)(3)(a), S.S.I. 2009/219, art. 2, sch.

F3 S. 58(3B)-(3E) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 7 para. 9 (with ss. 11-13)

F4 Words in s. 58(3C) omitted (5.10.2020) by virtue of The Town and Country Planning (Emergency Period and Extended Period) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/254), regs. 1(1), 2(1)(a)

F5 Words in s. 58(3C) inserted (5.10.2020) by The Town and Country Planning (Emergency Period and Extended Period) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/254), regs. 1(1), 2(1)(b)

F6 Words in s. 58(3C) substituted (29.9.2021) by The Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2021 (S.S.I. 2021/292), regs. 1(1), 2(1) (with reg. 4)

F7 Words in s. 58(3C) omitted (5.10.2020) by virtue of The Town and Country Planning (Emergency Period and Extended Period) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/254), regs. 1(1), 3(1)(a)

F8 Words in s. 58(3C) substituted (5.10.2020) by The Town and Country Planning (Emergency Period and Extended Period) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/254), regs. 1(1), 3(1)(b)

F9 Words in s. 58(3C) substituted (29.9.2021) by The Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2021 (S.S.I. 2021/292), regs. 1(1), 3(1) (with reg. 4)

F10 Words in s. 58(4) 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. 20(1)(b)(i), 59(2) (with S.S.I. 2009/222, art. 10(2)(b)); S.S.I. 2008/411, art. 2(2)(3)(a), S.S.I. 2009/219, art. 2, sch.

F11 S. 58(4)(ca) inserted (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. 20(1)(b)(ii), 59(2) (with S.S.I. 2009/222, art. 10(2)(b)); S.S.I. 2008/411, art. 2(2)(3)(a), S.S.I. 2009/219, art. 2, sch.

F12 Words in s. 58(4)(g) 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. 20(1)(b)(iii), 59(2) (with S.S.I. 2009/222, art. 10(2)(b)); S.S.I. 2008/411, art. 2(2)(3)(a), S.S.I. 2009/219, art. 2, sch.