The Town and Country Planning (General Development Procedure) (Scotland) Amendment Order 1996

Statutory Instruments

1996 No. 467 (S.36)

TOWN AND COUNTRY PLANNING, SCOTLAND

The Town and Country Planning (General Development Procedure) (Scotland) Amendment Order 1996

Made

26th February 1996

Laid before Parliament

8th March 1996

Coming into force

1st April 1996

The Secretary of State, in exercise of the powers conferred on him by sections 28(1), 33(2) and 273(3) of the Town and Country Planning (Scotland) Act 1972(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Town and Country Planning (General Development Procedure) (Scotland) Amendment Order 1996 and shall come into force on 1st April 1996.

(2) In this Order “the 1992 Order” means the Town and Country Planning (General Development Procedure) (Scotland) Order 1992(2).

Amendment of interpretation article

2.  In article 2(1) of the 1992 Order—

(a) after the definition of “cemetery” insert—

““community council” means a community council as referred to in Part IV of the Local Government (Scotland) Act 1973(3);”;

(b) delete the definition of “river purification authority”;

(c) after the definition of “scheduled monument” insert—

““SEPA” means the Scottish Environment Protection Agency established under section 20 of the Environment Act 1995(4);”; and

(d) after the definition of “waste disposal authority” insert—

““water and sewerage authority” means a new water and sewerage authority within the meaning of section 62 of the Local Government etc. (Scotland) Act 1994(5).”.

Procedure on receipt of applications

3.  In article 12 of the 1992 Order, after paragraph (8) insert—

“(9) The planning authority shall send to every community council in its district at weekly intervals a list of all applications made to the authority under any of articles 3 to 6 of this Order which list shall contain the following information:—

(i) the reference number given to the application by the planning authority;

(ii) the site location;

(iii) the date of receipt of the application by the planning authority;

(iv) the name and address of the applicant or his agent;

(v) a description of the proposed development.”.

Consultations before grant of planning permission

4.  In article 15(1) of the 1992 Order—

(a) for sub-paragraph (h) substitute—

“SEPA—

(i) where it appears to the planning authority that the development is likely to result in a material increase in the number of buildings at risk of being damaged by flooding; or

(ii) where the development consists of or includes—

(aa) fish farming;

(bb) mining operations;

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

(dd) 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;

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

(ff) the use of land as a cemetery; or

(gg) the use of land for the deposit of any kind of refuse or waste, including slurry or sludge;” and

(b) at the end insert—

“(m) the water and sewerage authority for the area in which the development is to take place where the development is likely to require a material addition to or a material change in the services provided by that authority;

(n) the community council if any within whose area the development is to take place where—

(i) the community council, within 7 days (excluding Saturday and Sunday, December 25th and 26th and January 1st and 2nd) of the date on which the planning authority sent to that community council in accordance with article 12(9) the list which includes information about that development, informs the planning authority that it wishes to be consulted;

(ii) the development is in a class of case or in an area in respect of which the planning authority and the community council have agreed in writing that the community council will be consulted; or

(iii) it appears to the planning authority that the development is likely to affect the amenity in the area of the community council.”.

Appeals

5.  In article 23 of the 1992 Order—

(a) in paragraph (2)(b) delete the words “or (2A)”; and

(b) after paragraph (5) insert—

“(6) The notice of appeal to the Secretary of State shall be given on a form obtained from the Secretary of State and shall state the grounds on which the appeal is made.”.

George Kynoch

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

26th February 1996

Explanatory Note

(This note is not part of the Order)

This Order amends the Town and Country Planning (General Development Procedure) (Scotland) Order 1992. The main changes are—

(a) article 12 is extended to require planning authorities to send community councils a weekly list giving specified information on all planning applications;

(b) article 15 (consultations before grant of planning permission) is amended to—

(i) provide for SEPA to take over from river purification authorities;

(ii) require SEPA to be consulted where development is likely to result in a material increase in the number of buildings at risk of damage from flooding;

(iii) require the new water and sewerage authorities to be consulted where development is likely to require a material change or addition to their services;

(iv) require community councils to be consulted on any application—

(aa) where, within 7 working days of the date on which they were sent the weekly list under article 12(9), they have asked to be consulted;

(bb) which is in a class of case or in an area in respect of which they have agreed with the planning authority that they will be consulted; or

(cc) which the planning authority consider is likely to affect amenity;

(c) 2 corrections are made to article 23 (appeals).

(1)

1972 c. 52; section 28(1) was amended by the Local Government (Scotland) Act 1973 (c. 65), section 172(2) and by the Local Government and Planning (Scotland) Act 1982 (c. 43), Schedule 2, paragraph 6, extended by regulation 5 (as amended by S.I. 1994/2012) and regulation 10 of S.I. 1988/1221, and amended by the Planning and Compensation Act 1991 (c. 34) (“the 1991 Act”), Schedule 13, paragraph 7; section 33(2) was amended by the 1991 Act, Schedule 13, paragraph 11.

(2)

S.I. 1992/224; amended by S.I. 1992/2083, 1993/1039 and 1994/2585 and 3293.

(3)

1973 c. 65; see also the Local Government etc. (Scotland) Act 1994 (c. 39), section 22.

(4)

1995 c. 25.

(5)

1994 c. 39.