The Town and Country Planning (General Development Procedure) (Scotland) Order 1992

PART 1 INTRODUCTORY

Application, citation and commencement

1.—(1) This Order shall apply to all land in Scotland.

(2) If a special development order is made, or has been made before the commencement of this Order, in relation to any land, this Order shall apply thereto to such extent only and subject to such modifications as may be specified in the special order.

(3) This Order may be cited as the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 and shall come into force on 13th March 1992.

Interpretation

2.—(1) In this Order—

“the Act” means the Town and Country Planning (Scotland) Act 1972;

“category A listed building” means a listed building within the meaning of section 52(7) of the Act(1) specified as being category A in a list of buildings compiled or approved and amended as the case may be by the Secretary of State in accordance with that provision(2) as at the date of coming into force of this Order;

“cemetery” includes a burial ground or any other place of interment for the dead;

“district salmon fishery board” has the meaning assigned to it by section 40 of the Salmon Act 1986(3);

“the Fees Regulations” means the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 1990(4);

“historic garden or designed landscape” means a garden or landscape identified in the “Inventory of Gardens and Designed Landscapes in Scotland”(5);

“landscaping” means the treatment of land (other than buildings) being a site or part of a site in respect of which an outline planning permission is granted, for the purpose of enhancing or protecting the amenities thereof and the area in which it is situated, and includes screening by fences, walls or other means, planting of trees, hedges, shrubs or grass, formation of banks, terraces or other earthworks, layout of gardens or courts, and other amenity features;

“listed building” means a listed building within the meaning of section 52(7) of the Act;

“neighbouring land” means land which is conterminous with or within 4 metres of the boundary of land for which the development is proposed but only if any part of such land is within 90 metres of any part of the development in question:

Provided that—

(a)

where the proposed development is taking place within a building divided into separate units “neighbouring land” shall include—

(i)

those parts of the building conterminous with or within 4 metres of the boundary of that unit; and

(ii)

all units directly above and below the unit for which the development is proposed and all units directly above and below those parts of the building conterminous with or within 4 metres of the boundary of that unit; and

(iii)

land outwith the building which is conterminous with or within 4 metres of the boundary of the unit for which the development is proposed;

(b)

where the “neighbouring land” consists of or includes a building divided into separate units, and the proposed development is taking place within a building which is not divided into separate units, only those units of that building which are conterminous with or are within 4 metres of the boundary of the land for which the development is proposed and all parts of the building directly above and below those units shall constitute neighbouring land;

(c)

where the “neighbouring land” consists of or includes a building divided into separate units, and the proposed development is taking place within a building which is also divided into separate units, only those units of the former building which are conterminous with or are within 4 metres of the boundary of the unit for which the development is proposed and all parts of the building directly above and below those units shall constitute neighbouring land;

(d)

where a road falls within the distance of 4 metres measured from the boundary of the land or the boundary of the unit (as the case may be) for which the development is proposed, the width of such road shall be disregarded in calcu lating the specified distance unless the road is more than 20 metres in width;

“outline planning permission” means a planning permission for the carrying out of building or other operations which is granted subject to a condition (in addition to any other conditions which may be imposed) requiring subsequent approval to be obtained from the planning authority with respect to one or more reserved matters;

“public road” means a road which a roads authority have a duty to maintain;

“reserved matters” in relation to an outline planning permission or an application for such permission, means any matters in respect of which details have not been given in the application and which concern the siting, design or external appearance of any building to which the planning permission or the application relates, or the means of access to such building, or the landscaping of the site in respect of which the application was made;

“river purification authority” means a river purification board established under section 135 of the Local Government (Scotland) Act 1973(6) or an islands council;

“scheduled monument” has the meaning given by section 1(11) of the Ancient Mon uments and Archaeological Areas Act 1979(7);

“slurry” means animal faeces and urine (whether or not water has been added);

“special road” means a road provided or to be provided in accordance with a scheme under section 7 of the Roads (Scotland) Act 1984(8);

“trunk road” means a road or proposed road which is a trunk road within the meaning of section 151 of the Roads (Scotland) Act 1984 that is to say, a road which is a trunk road by virtue of section 5 of that Act or of an order or direction under that section or section 198(2) of the Act;

“waste disposal authority” means a district or islands council exercising its function as a disposal authority under Part I of the Control of Pollution Act 1974(9) or as waste disposal authority under Part II of the Environmental Protection Act 1990(10).

(2) Any reference to a numbered article or Schedule is a reference to the article or as the case may be the Schedule bearing that number in this Order and a reference to a numbered paragraph or sub-paragraph is a reference to the paragraph or sub-paragraph having that number in the article or paragraph in the Schedule in which the reference appears.

(3) Any requirement that a form shall be as set out in a specified Schedule shall be construed as meaning a form as so specified or a form substantially to the like effect.

PART 2 PROCEDURE ON APPLICATIONS FOR PLANNING PERMISSION

Application for planning permission

3.  An application to a planning authority for planning permission (other than outline planning permission)—

(a) shall be made on a form issued by and obtainable from the planning authority;

(b) shall describe the development to which it relates; and

(c) shall be accompanied by—

(i) a plan sufficient to identify the land to which it relates and such other plans and drawings as are necessary to describe the development which is the subject of the application;

(ii) such additional copies, not exceeding three, of the form, plans and drawings as may be directed by the planning authority;

(iii) one or other of the certificates required under section 24(1) (notification of applications to owners and agricultural tenants) of the Act in the appropriate form as set out in Schedule 1;

(iv) where neighbour notification procedure is required to be carried out in accord ance with article 9, the certificate referred to in sub-paragraph (4) of that article in the approporiate form set out in Schedule 2 together with a plan showing the location of the neighbouring land in respect of which such notification has been carried out; and

(v) any fee payable under the Fees Regulations.

Application for outline planning permission

4.—(1) An application may be made for outline planning permission and, where such permission is granted, the subsequent approval of the planning authority shall be required in respect of such reserved matters as may be specified by the authority in granting the outline planning permission.

(2) An application for outline planning permission—

(a) shall be made on a form issued by and obtainable from the planning authority;

(b) shall describe the development to which it relates; and

(c) shall be accompanied by—

(i) a plan sufficient to identify the land to which it relates;

(ii) such additional copies, not exceeding three, of the form and plan as may be directed by the planning authority;

(iii) one or other of the certificates required under section 24(1) of the Act in the appropriate form as set out in Schedule 1;

(iv) where neighbour notification procedure is required to be carried out in accord ance with article 9, the certificate referred to in sub-paragraph (4) of that article in the approporiate form set out in Schedule 2 together with a plan showing the location of the neighbouring land in respect of which such notification has been carried out; and

(v) any fee payable under the Fees Regulations.

(3) Where the planning authority are of the opinion that in the circumstances of the case the application ought not to be considered separately from all or any of the reserved matters, they shall within one month from receipt of the application notify the applicant that they are unable to entertain it unless further details are submitted and specify the further details they require.

Further applications

5.—(1) Where planning permission has been granted for development, that development has not been commenced and a time limit imposed by or under section 38 or section 39 of the Act (time limit on the commencement of the development or on an application for approval of reserved matters respectively) has not expired, an application may be made for planning permission for the same development without complying with article 3 or article 4.

(2) An application under paragraph (1) shall be in writing and shall give sufficient infor mation to enable the authority to identify the previous grant of planning permission.

Application for approval of reserved matters

6.  An application to a planning authority for approval of reserved matters—

(a) shall be in writing;

(b) shall identify the outline planning permission to which it relates; and

(c) shall be accompanied by—

(i) such particulars and such plans and drawings as the authority may require as necessary to enable them to deal with the application;

(ii) such number of copies of the relevant application for outline planning permis sion together with such plans and drawings as were required by the authority to be supplied in relation to the application for outline planning permission;

(iii) where neighbour notification procedure is required to be carried out in accord ance with article 9, the certificate referred to in sub-paragraph (4) of that article in the approporiate form set out in Schedule 2 together with a plan showing the location of the neighbouring land in respect of which such notification has been carried out; and

(iv) any fee payable under the Fees Regulations.

Application for determination under section 51

7.—(1) An application to a planning authority for a determination under section 51 of the Act—

(a) shall be in writing;

(b) shall describe the operations or change of use proposed; and

(c) shall be accompanied by—

(i) a plan sufficient to identify the land to which the application relates;

(ii) where the proposal relates to carrying out of operations, such plans or drawings as are necessary to show the nature of the operations; and

(iii) where the proposal relates to a change of use, details of the proposed use and of the use of the land at the date when the application is made or, where the land is not in active use at that date, details of the purpose for which it was last used.

(2) The planning authority may by a direction require the applicant to furnish such further information as may be specified in the direction, to enable them to deal with the application.

Notices to owners and agricultural tenants under section 24

8.  The requisite notices for the purposes of the provisions of section 24 (notification of applications to owners and agricultural tenants) of the Act shall be in the forms set out in Schedule 3.

Neighbour notification under section 23(1)

9.—(1) Subject to the following paragraphs, an applicant for planning permission or for approval of reserved matters under articles 3, 4 or 6 respectively shall notify persons holding an interest in neighbouring land as specified at paragraph (2) below who have not been served under section 24 of the Act with notice of the application by sending them—

(a) a notice of the application in the form set out in Schedule 4 stating—

(i) that the application and plans or drawings relating to it may be inspected in the register kept by the planning authority;

(ii) the address at which the application may be so inspected if different from the address of the planning authority shown on the application; and

(iii) the period within which the application may be inspected; and

(b) a plan showing the situation or location of the development.

(2) The persons holding a notifiable interest in neighbouring land are—

(a) in the case of lands and heritages entered in the valuation roll at the date of the application, the persons appearing in the valuation roll in force at that time as being the owners, lessees and occupiers of those lands and heritages; and

(b) in the case of lands and heritages not entered in the valuation roll at the date of the application, the owners and occupiers of those lands and heritages.

(3) (a) The notification in accordance with paragraph (1) of a person holding a notifiable interest in neighbouring land in terms of paragraph (2)(a)

(i) in each case where the name and address of the owner, lessee or occupier can be ascertained from the valuation roll, shall be sent to such person at his address as entered in the valuation roll;

(ii) where information as to the owner, lessee or occupier of neighbouring land or of any premises contained or included in neighbouring land cannot be ascertained from the valuation roll, shall be sent addressed to the Owner' at such land or premises, where the name of the owner cannot be ascertained, to “the Lessee” at such land or premises where the name of the lessee cannot be ascertained and to “the Occupier” at such land or premises where the name of the occupier cannot be ascertained;

(b) the notification in accordance with paragraph (1) of a person holding a notifiable interest in neighbouring land in terms of paragraph (2)(b) shall be sent addressed in each case to “the Owner”, and “the Occupier” at each address of the premises contained or included in the neighbouring land.

(4) Where it is not possible for the applicant to carry out notification in terms of this article because there are no premises situated on the neighbouring land to which the notification can be sent, the planning authority shall publish a notice in accordance with article 12(5).

(5) The certificate referred to in articles 3(c)(iv), 4(2)(c)(iv) and 6(c)(iii) shall be in the appropriate form as set out in Schedule 2 stating—

(a) that notification has been carried out under paragraphs (1) to (3)—

(i) in the case of lands and heritages entered in the valuation roll, detailing as appropriate—

(aa) the names and addresses of those persons having a notifiable interest in neighbouring land who have been notified under paragraphs (1), (2)(a) and (3)(a)(i), with details of their interest, namely that of an owner, lessee or occupier as the case may be; and

(bb) the addresses of the premises in respect of which the owner or the lessee or the occupier have been notified in accordance with paragraphs (1), (2)(a) and 3(a)(ii) with details as to whether the notification was sent addressed to “the Owner”, to “the Lessee” or to “the Occupier” or to any or all of them;

(ii) in the case of lands and heritages not entered in the valuation roll, listing the addresses of the premises in respect of which the owners, and occupiers have been notified in accordance with paragraphs (1), (2)(b) and (3)(b);

(b) that no notification under paragraphs (1) to (3) is required; or

(c) that it is not possible to carry out notification for the reason set out at sub-paragraph (4).

(6) Where neighbouring land is separated from the land on which the development is proposed by a road not exceeding 20 metres in width the planning authority may dispense with the requirements of this article insofar as they relate to such land.

PART 3 PROCEDURE BY PLANNING AUTHORITY

Registers of applications

10.  The register of applications for planning permission and the register of applications for a determination under section 51 of the Act which every planning authority is required to keep under section 31(2) of the Act and under that section as applied by section 51(2) of the Act respectively, shall be kept in the manner specified in Schedule 5.

Time limit for entry in registers

11.  Every entry in a register and, in the case of a register of applications for planning permission, the placing in part I of the register of the copies of the application, required by paragraph 2 of Schedule 5, shall be made within 7 days of—

(a) the receipt of an application;

(b) the giving or making of the relevant direction, decision or approval as the case may be.

Procedure on receipt of applications

12.—(1) Any application made under any of articles 3 to 7 of this Order shall be lodged with the planning authority within whose district is situated the development to which the application relates.

(2) On receipt of any such application and any fee required to be paid under the Fees Regulations, the planning authority shall send to the applicant an acknowledgement thereof in the terms set out in the notification in Schedule 6.

(3) An application under any of articles 3 to 6 of this Order shall not be entertained unless it is accompanied by any fee payable under the Fees Regulations.

(4) Where, after sending an acknowledgement as required by paragraph (2) of this article the planning authority form the opinion that the application may be invalid by reason of failure to comply with any of the requirements of articles 3 to 7 or with any other statutory requirements they shall notify the applicant that the application is invalid.

(5) Subject to paragraph (7) below—

(a) in circumstances where the planning authority has dispensed with the requirements of article 9, in accordance with sub-paragraph (6) of that article, and the applicant has not submitted a certificate under article 3(c)(iv), 4(2)(c)(iv) or 6(c)(iii); or

(b) where the application relates to development of one or more of the classes of development specified in Schedule 7 (bad neighbour development); or

(c) where an applicant for planning permission, outline planning permission or reserved matters is unable to notify persons holding an interest in neighbouring land as referred to at article 9(4),

the planning authority shall publish a notice in the form set out in Schedule 8 in a newspaper circulating in the locality in which the neighbouring land is situated, as soon as practicable after the date when the application for planning permission was received by them.

(6) The date when the application was received shall be as specified in article 14(3).

(7) The planning authority shall not publish a notice in accordance with paragraph (5) where a notice has been published by the applicant in accordance with section 24(2) of the Act (notification of applications to owners and agricultural tenants) or is required to be published by the planning authority in accordance with section 25(2)(a) of the Act (publicity for applications affecting conservation areas).

(8) Where the planning authority are required to publish a notice in a newspaper in accordance with paragraph (5), the applicant shall pay the cost to be incurred by the planning authority in arranging such advertisement at the time of submitting his application.

Direction by planning authorities requiring further information

13.  In respect of an application under articles 3, 4, 5 and 6, a planning authority may by a direction require—

(a) further information in order to enable them to deal with the application; and

(b) production of evidence in respect of information accompanying the planning applic ation including plans or drawings.

Time periods for decision

14.—(1) Without prejudice to sections 24(4) and 25(3) of the Act, an application under any of articles 3 to 7 shall not be determined until the expiry of a period of 14 days beginning with whichever of the following dates is the later:—

(a) the date on which the application was received by the planning authority; or

(b) the date on which a notice in accordance with article 12(5) was published by the planning authority.

(2) Where a valid application under any of articles 3 to 7 has been received by a planning authority, the period within which the authority shall give notice to an applicant of their decision or determination or referral of the application to the Secretary of State or regional planning authority, shall be two months, commencing on the date of receipt of the application or (except where the applicant has already given notice of appeal to the Secretary of State) such extended period as may be agreed upon in writing between the applicant and the planning authority.

(3) For the purposes of this article and article 12 the date when the application was received shall be taken to be—

(a) in a case where a fee was required to be paid or where the applicant was required to pay the cost of advertisement under article 12(8), the date when the application form, any certificates required by the Act and the appropriate fee or the cost of advertising or both, were lodged with the planning authority or where these events did not all occur on the same day, the date when the last of such events occurred; or

(b) in any other case, the date when the application and any certificates required under the Act were lodged with the planning authority.

Consultations before grant of planning permission

15.—(1) Before granting planning permission for development in any of the following cases, a planning authority or regional planning authority shall consult with the following authorities or persons:—

(a) any adjoining planning authority, where it appears to the planning authority that the development is likely to affect land in the district of that authority;

(b) the British Coal Corporation where the development consists of—

(i) the erection of a building, other than an alteration, extension or re-erection of an existing building or the erection of a building of a temporary character; or

(ii) the provision of a pipeline,

• in an area of coal working or former or proposed coal working notified by the British Coal Corporation to the planning authority;

  (c)

  the British Railways Board or other railway undertakers likely to be affected where the development is likely to result in a material increase in the volume or a material change in the character of traffic using a level crossing over a railway;

  (d)

  the Countryside Commission for Scotland where the development may affect a historic garden or designed landscape;

  (e)

  a district salmon fishery board where the development consists of fish farming;

  (f)

  the Health and Safety Executive where the development includes the manufacture, processing, keeping or use of a hazardous substance in such circumstances that there will at any one time be, or be likely to be, a notifiable quantity of such substance in, on, over or under any land;

  (g)

  the Nature Conservancy Council for Scotland where it appears to the authority that the development may affect an area of special interest notified to the planning authority by the Nature Conservancy Council in accordance with section 28 of the Wildlife and Countryside Act 1981(11);

  (h)

  the river purification authority for the area in which the development is to take place, where the development consists of or includes—

  (i)

  fish farming;

  (ii)

  mining operations;

  (iii)

  the carrying out of building or other operations or use of land for the purposes of providing or storing mineral oils and their derivatives;

  (iv)

  the carrying out of building or other operations (other than the laying of sewers, the construction of pump-houses in a line of sewers, the construction of septic tanks and cesspools serving single dwelling-houses, single caravans or single buildings in which not more than 10 people will normally reside, work or congregate, and works ancillary thereto) or use of land for the retention, treatment or disposal of sewage, trade-waste, or effluent;

  (v)

  the carrying out of works or operations in the bed or on the banks of a river or stream;

  (vi)

  the use of land as a cemetery; or

  (vii)

  the use of land for the deposit of any kind of refuse or waste, including slurry or sludge;

  (i)

  the roads authority concerned, where the development involves the formation, laying out or alteration of any means of access to, or is likely to create or attract traffic which will result in a material increase in the volume of traffic entering or leaving a road (other than a trunk road) for which the planning authority are not also the roads authority;

  (j)

  the Secretary of State, in the case of—

  (i)

  (aa)

  a trunk road;

  (bb)

  a proposed trunk road or a proposed special road, being a road the route of which is shown as such in the development plan, or in respect of which the Secretary of State has given notice in writing to the planning authority of his proposal, together with maps or plans sufficient to identify the proposed route of the road;

  (cc)

  any road which is comprised in the route of a special road to be provided by the Secretary of State in accordance with a scheme under section 7 of the Roads (Scotland) Act 1984(12) relating to special roads, and which has not for the time being been transferred to him; or

  (dd)

  any road which has been or is to be provided by the Secretary of State in pursuance of an order under the provisions of the said Act relating to trunk roads and special roads and has not for the time being been trans ferred to any roads authority,

  where either the development constitutes development of land within 67 metres of the middle of such a road or the development consists of or includes the formation, laying out or alteration of any means of access to such a road;

  (ii)

  development likely to result in a material increase in the volume or a material change in the character of traffic entering or leaving a trunk road;

  (iii)

  development of land which is situated within 800 metres from any Royal Palace or Park, and might affect the amenities of that Palace or Park;

  (iv)

  development which may affect a historic garden or designed landscape;

  (v)

  development which may affect the site of a scheduled monument;

  (vi)

  development which may affect a category A listed building;

  (k)

  the Theatres Trust where the development involves any land on which there is a theatre as defined in the Theatres Trust Act 1976(13); and

  (l)

  the waste disposal authority where the development is within 250 metres of land which—

  (i)

  is or has, at any time in the 30 years before the relevant application, been used for the deposit of refuse or waste; and

  (ii)

  has been notified to the planning authority by the waste disposal authority for the purposes of this provision.

(2) The Secretary of State may give a direction to any planning authority requiring that authority to consult with the authorities, persons or bodies named in such direction in any case or class of case specified in such direction before granting or determining any application for planning permission and the planning authority shall enter into consultation accordingly.

(3) Where under this article, a planning authority are required to consult with any authority, person or body as to any application, they shall give not less than 14 days' notice to such authority, person or body that such application is to be taken into consideration and shall not determine the application until after the expiration of the period of such notice.

(4) Where any authority, person or body which a planning authority are required to consult under this article consider that consultation with them is not required in respect of any case or class of case or in respect of development within any area or areas they shall so inform the planning authority in writing and notwithstanding the foregoing provisions of this article the planning authority shall not be required to consult the authority, person or body in respect of any development coming within the case or class of case or within the area or areas specified.

Directions as to environmental assessment Regulations

16.  The Secretary of State may give directions—

(a) that particular proposed development of a description set out in Schedule 1 or Schedule 2 to the Environmental Assessment (Scotland) Regulations 1988(14) is exempted from the application of those Regulations;

(b) as to whether particular proposed development is or is not development in respect of which those Regulations require the consideration of environmental information (as defined in those Regulations) before planning permission can be granted; or

(c) that development of any class described in the direction is development in respect of which those Regulations require the consideration of such information before planning permission can be granted.

Directions restricting the grant of planning permission

17.  The Secretary of State may give directions restricting the grant of planning permission by a planning authority or regional planning authority, either indefinitely or during such period as may be specified in the directions, in respect of any such development or in respect of development of any such class, as may be so specified.

Development not according to development plan

18.  A planning authority or regional planning authority may grant planning permission for development which does not accord with the provisions of the development plan in such cases and subject to such conditions as may be prescribed by directions given by the Secretary of State.

Provision supplementary to articles 16—18

19.  A planning authority or regional planning authority shall deal with applications for planning permission for development to which a direction given under article 16, 17 or 18 applies in such manner as to give effect to the direction.

Notification of applications affecting listed buildings

20.—(1) Subject to sub-paragraph (4), before granting permission for any development which includes or involves the alteration to or extension of a listed building, a planning authority shall notify the Secretary of State of the application, giving particulars of the proposed development in so far as it affects the listed building.

(2) The planning authority shall not determine the application until after the expiration of 28 days from the date of giving notice of it to the Secretary of State and the Secretary of State within that period—

(a) may direct the authority that he does not intend to require reference of the application to him; or

(b) may direct the authority that he requires further time in which to consider whether to require the application to be referred to him, and substitute for the period of 28 days such longer period as may be specified in the Secretary of State’s direction.

(3) In respect of applications for permission for development of the kind described in paragraph (1) above, the Secretary of State may give a direction to a planning authority requiring them, in such cases or classes of cases as may be specified in the direction, to give to him and to such other persons as may be so specified, notice of the application and of the decision, if any, taken by the authority thereon.

(4) This article does not apply to any application in respect of development requiring listed building consent, where the application for such consent would fall within a description specified, in a direction issued by the Secretary of State under paragraph 6(1) of Schedule 10 to the Act, as being exempt from the requirements of notification set out at paragraph 5 of that Schedule.

Notice of reference of applications to the Secretary of State or regional planning authority

21.  On referring any application to the Secretary of State under section 32 of the Act or to a regional planning authority under section 179 of the Local Government (Scotland) Act 1973(15), a planning authority shall serve on the applicant notice—

(a) of the terms of the direction;

(b) of any reasons given by the Secretary of State or as the case may be such authority;

(c) that the application has been referred to the Secretary of State or as the case may be such authority; and

(d) in the case of an application referred to the Secretary of State, that the Secretary of State will, if the applicant so desires, afford to the applicant an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose, and that the decision of the Secretary of State on the application will be final.

Decision by planning authority

22.—(1) When a planning authority give notice of a decision in respect of an application for planning permission or for approval of reserved matters, the notice shall be in writing and where the planning authority decide to grant permission or approval subject to conditions or to refuse it, the notice shall—

(a) state the reasons for the decision;

(b) where the Secretary of State has given a direction restricting the grant of permission for the development referred to in the application, give details of the direction; and

(c) in the case of refusal or approval subject to conditions be accompanied by a not ification in the terms (or substantially in the terms) set out in the notification in Schedule 9.

(2) When a planning authority give notice of a determination in the case of an application made under section 51 of the Act, the notice shall—

(a) be in writing;

(b) state the reasons for the determination; and

(c) contain a statement to the effect that if the applicant is aggrieved by their decision he may appeal to the Secretary of State under section 33 of the Act within six months of notice thereof.

(3) A planning authority shall furnish to the Secretary of State and to such other persons as may be prescribed by directions given by the Secretary of State information as to the manner in which applications made to them under articles 3 to 7 have been dealt with and such other information as may be so prescribed.

PART 4 APPEALS

Appeals

23.—(1) Any applicant who desires to appeal—

(a) against a decision of a planning authority or of a regional planning authority refusing planning permission to develop land, refusing to grant any approval required under this Order, or granting permission or approval subject to conditions; or

(b) against a determination of a planning authority under section 51 of the Act; or

(c) on the failure of a planning authority or of a regional planning authority to give notice of their decision or determination or notice of the referral of the application to the Secretary of State,

shall lodge with the Secretary of State a notice of appeal.

(2) The notice of appeal shall be lodged—

(a) within six months of the notice of the decision or determination;

(b) within six months of the expiry of the appropriate period allowed under article 14(2); or

(c) in the case of the failure of a regional planning authority to give notice as set out in paragraph (1)(c) above, within six months of the expiry of the period of three months starting from the date when the application was referred to them being the period set out in section 34 of the Act as applied by section 179(5) and (6) of the Local Government (Scotland) Act 1973(16).

(3) The applicant shall at the same time as he lodges a notice of appeal with the Secretary of State, send a copy of the notice to the planning authority or to the regional planning authority as the case may be.

(4) In the case of an appeal in respect of an application for a determination under section 51 of the Act the notice of appeal shall be given in writing and in every other case the notice of appeal shall be given on a form obtained from the Secretary of State and in either case shall state the grounds on which the appeal is made.

(5) The notice of appeal to the Secretary of State shall be accompanied by—

(a) a copy of—

(i) the application made to the planning authority; and

(ii) the documents submitted with the application including the certificate provided in accordance with section 24 of the Act and any certificate provided in accord ance with article 9;

(b) a copy of the notice of the decision or determination, if any;

(c) a copy of all other relevant correspondence with any planning authority;

(d) a certificate under section 24 of the Act as applied by section 33 of the Act;

(e) a statement to the Secretary of State as to whether the appellant wishes his case to be determined on the basis of written submissions and without the holding of a public local inquiry.

Appeals other than on the basis of written submissions

24.—(1) The following paragraphs of this article shall apply where the appeal is being disposed of other than on the basis of written submissions.

(2) Where the appeal is—

(a) against a decision of a planning authority refusing planning permission to develop land, refusing to grant any approval required under this Order or granting permission or approval subject to conditions; or

(b) on the failure of a planning authority to give notice of their decision or of the reference of the application to the Secretary of State,

the Secretary of State shall serve a copy of the notice of appeal on the regional planning authority.

(2) If the regional planning authority wish to take part in the appeal proceedings they shall within one month of receiving the copy of the notice of appeal so notify the Secretary of State and shall within one month thereafter send to the Secretary of State and to the appellant a statement of their observations on the appeal.

(3) Where an appeal under this article is an appeal against a decision of a regional planning authority, the reference in paragraph (2) of this article to the regional planning authority shall be construed as a reference to the planning authority.

Notices to owners and agricultural tenants

25.  In relation to appeals, the requisite notices for the purposes of the provisions of section 24 (notification of applications to owners and agricultural tenants) of the Act as applied by section 33(5) of the Act shall be in the forms set out in Schedule 10.

PART 5 ESTABLISHED USE CERTIFICATES

Application for established use certificates

26.  An application to a planning authority for an established use certificate—

(a) shall be in writing;

(b) shall give the following particulars:—

(i) the address or location of the land to which the application relates;

(ii) a description of the use in respect of which a certificate is sought, being a use subsisting on the date when the application is made;

(iii) if there is more than one use of the land at the date when the application is made, a description of all uses of the land at that date and, where appropriate, an indication of the part of the land to which each of the uses relates;

(iv) whether the use referred to in sub-paragraph (ii) above was begun before 1st January 1965 and, if not, the date when it was begun;

(v) if the use referred to in sub-paragraph (ii) was begun on 1st January 1965 or a later date, particulars of the use of the land at 31st December 1964 and subsequent intervening uses, including the date when each such use began and ended;

(vi) the nature of the applicant’s interest in the land;

(vii) a statement of the grounds as set out in section 90(1) of the Act, upon which a certificate is sought; and

(viii) any other information which can substantiate or make good the claim; and

(c) shall be accompanied by—

(i) such plans as are sufficient to identify the land to which the application relates;

(ii) such supporting evidence as the applicant can provide in proof of his statements and, in a case where a certificate is being sought on ground (b) of section 90(1) of the Act (the use was begun from the beginning of 1965 under a planning permission granted subject to conditions or limitations, which either have never been complied with or have not been complied with since the end of 1964), a copy of the relevant planning permission or, where it is not possible to supply a copy, details of the condition in question and any particulars which can be furnished in order that the permission may be identified; and

(iii) one or other of the certificates specified in article 27.

Certificates accompanying applications

27.—(1) The certificates referred to in article 26(c)(iii) are—

(a) a certificate stating that at the beginning of the period of 21 days ending with the date of the application, no person other than the applicant, was the owner of any land to which the application relates;

(b) a certificate stating that the applicant has given the requisite notice of the application to all the persons, other than the applicant, who, at the beginning of the period of twenty-one days ending with the date of the application, were owners of any of the land to which the application relates, and setting out the names of those persons, the addresses at which notice of the application was given to them respectively, and the date of service of each such notice;

(c) a certificate stating that the applicant is unable to issue a certificate in accordance with either of the preceding sub-paragraphs, that he has given the requisite notice of the application to such one or more of the persons mentioned in the last preceding sub-paragraph as are specified in the certificate (setting out their names, the addresses at which notice of the application was given to them respectively, and the date of the service of each notice), that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the remainder of those persons and that he has been unable to do so; or

(d) a certificate stating that the applicant is unable to submit a certificate in accordance with sub-paragraph (a) of this paragraph, that he has taken such steps as are reason ably open to him (specifying them) to ascertain the names and addresses of the persons mentioned in sub-paragraph (b) of this paragraph and that he has been unable to do so.

(2) Any such certificate as is mentioned in sub-paragraph (c) or sub-paragraph (d) of paragraph (1) shall also contain a statement that the requisite notice of the application, as set out in the certificate, has on a date specified in the certificate (being a date not earlier than the beginning of the period mentioned in sub-paragraph (b) of the said paragraph) been published in a local newspaper circulating in the locality in which the land in question is situated.

(3) All certificates submitted under paragraphs (1) and (2) shall contain one or other of the following statements—

(a) a statement that none of the land to which the application relates constitutes or forms part of an agricultural holding;

(b) a statement that the applicant has given the requisite notice of the application to every person (other than the applicant) who, at the beginning of the period of 21 days ending with the date of the application, was a tenant of any agricultural holding any part of which was comprised in the land to which the application relates, and setting out the name of each such person, the address at which notice of the application was given to him, and the date of service of that notice.

(4) The planning authority may by a direction in writing require the applicant to furnish such further information as may be specified in the direction to enable them to deal with the application.

(5) (a) Certificates submitted for the purposes of sub-paragraph (a), (b), (c) or (d) of paragraph (1) shall be in the appropriate form set out in Part 1 of Schedule 11; and

(b) the requisite notices for the purposes of paragraphs (1) and (2) shall be in the forms set out in Part 2 of Schedule 11.

Procedure on receipt of applications

28.  The provisions of articles 10, 11, 12, 13 and 22(3) shall apply to an application for an established use certificate as they apply to an application for planning permission, with necessary modifications and in particular that the form of the notice of receipt of the application which is to be sent to the applicant shall be as set out in Part 3 of Schedule 11.

Determination by planning authority

29.—(1) Where an application for an established use certificate is accompanied by such a certificate, as is mentioned in paragraph (1)(b), (c) or (d) of article 27 or by a certificate containing a statement in accordance with paragraph (3)(b) of article 27, the planning author ity—

(a) shall not determine the application before the end of the period of 21 days beginning with the date appearing from the certificate to be the latest of the dates of service of notices as mentioned in the certificate, or the date of publication of a notice as therein mentioned, whichever is the later; and

(b) in determining the application, shall take into account any representations relating thereto which are made to them, before the end of the period mentioned in the preceding sub-paragraph, by any person who satisfies them that he is an owner of any land to which the application relates or that he is the tenant of an agricultural holding any part of which is comprised in that land.

(2) The planning authority shall give notice to the applicant of their decision, or of the reference of the application to the Secretary of State, within a period of two months from the date of receipt of the application, or such extended period as may be agreed upon in writing between the applicant and the planning authority at any time except where the applicant has already given notice of appeal to the Secretary of State.

(3) An established use certificate shall be in the form set out in Part 4 of Schedule 11 and shall be copied to every person who has made representations which the planning authority were required to take into account in accordance with paragraph (1)(b).

(4) Where an established use certificate is not granted by the planning authority on an application, the notice of their decision to refuse the application—

(a) shall be in writing;

(b) shall state the grounds for their decision;

(c) shall include a statement to the effect that the applicant may appeal to the Secretary of State under section 91(2) of the Act; and

(d) shall be copied to every person who has made representations which the planning authority were required to take into account in accordance with paragraph (1)(b).

Appeals under section 90(6)

30.—(1) Any person who desires to appeal against a decision of a planning authority refusing an established use certificate, or refusing it in part or against a deemed refusal of such a certificate, shall—

(a) lodge a notice of appeal with the Secretary of State within 6 months of the date of notice of the decision or of the expiry of the period allowed under paragraph (2) of article 29, as the case may be, or such longer period as the Secretary of State may at any time allow; and

(b) send at the same time as he lodges a notice of appeal, copies of the following documents:—

(i) the application made to the planning authority;

(ii) all relevant plans, drawings, statements and particulars submitted to them;

(iii) the notice of the decision, if any;

(iv) all other relevant documents and correspondence with the planning authority; and

(v) one or other of the certificates corresponding to that described in article 27(1).

(2) The provisions of article 26(c)(iii) and article 27 shall apply in relation to an appeal to the Secretary of State as they apply in relation to an application to the planning authority for an established use certificate and for the reference in article 27(5)(b) to the forms for requisite notices for the purposes of article 27(1) and (2) being in the form set out in Part 2 of Schedule 11, there shall be substituted a reference to Part 5 of that Schedule.

Interpretation of Part 5

31.  For the purposes of this Part “owner” means—

(i) any person who, in respect of any part of the land, is the proprietor of the dominium utile or is the lessee under a lease thereof of which not less than seven years remain unexpired; and

(ii) any other person who is for the time being the occupier of any part of the said land.

PART 6 DIRECTIONS

Directions and savings

32.—(1) Any power conferred by this Order to give a direction shall be construed as including power to cancel or vary the direction by a subsequent direction.

(2) Any directions in force immediately before the coming into force of this Order by virtue of the Town and Country Planning (General Development) (Scotland) Orders 1950 to 1970(17), the Town and Country Planning (General Development) (Scotland) Order 1975(18), and the Town and Country Planning (General Development) (Scotland) Order 1981(19) shall continue in force and have effect as if given under the corresponding provisions of this Order.

PART 7 REVOCATIONS AND SAVINGS

Revocations and savings

33.—(1) The statutory instruments specified in columns (1) and (2) of Schedule 12 are hereby revoked to the extent specified in column (3).

(2) Any application for planning permission, for an approval under a development order, for an established use certificate or for a determination under section 51 of the Act which at the coming into force of this Order is outstanding shall have effect as if made and be determined under and in accordance with the provisions of this Order.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St. Andrew’s House,

Edinburgh

11th February 1992