Planning circular 2/2003 (revised): safeguarded aerodromes, technical sites and military explosives storage areas.

Annex 1

THE TOWN AND COUNTRY PLANNING (SAFEGUARDED AERODROMES, TECHNICAL SITES, METEOROLOGICAL TECHNICAL SITES AND MILITARY EXPLOSIVES STORAGE AREAS) (SCOTLAND) DIRECTION 2016

The Scottish Ministers, in exercise of the powers conferred by regulations 30, 31 and 32 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 and all other powers enabling them to do so:

Citation, Commencement and Interpretation

(1). This Direction may be cited as the Town and Country Planning (Safeguarded Aerodromes, Technical Sites, Meteorological Technical Sites and Military Explosives Storage Areas) (Scotland) Direction 2016 and comes into effect on 23 March 2016.

(2). In this Direction

"aerodrome" means any area of land or water designed, equipped, set apart, commonly used or in prospective use for affording facilities for the landing and departure of aircraft and includes any area of space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing or departure of aircraft capable of descending or climbing vertically , particulars of which have been furnished by the Scottish Ministers, the Civil Aviation Authority or the Secretary of State for Defence to the planning authority or authorities for the area in which it is situated;

"consultee" means:

(a) in relation to a safeguarding map issued by the Civil Aviation Authority, the owner or operator of the aerodrome or technical site identified on the safeguarding map; or

(b) in relation to a safeguarding map issued by the Secretary of State for Defence, the Secretary of State for Defence;

(c) in a safeguarding map issued by the Met Office, the Met Office

“Met Office” means the Secretary of State for Business, Innovation and Skills acting through that part of the Department for Business, Innovation and Skills known as the Meteorological Office;

“meteorological technical site” means a site, the particulars of which have been provided by the Met Office to the planning authority or authorities for the area in which it is situated, where radio technical equipment is, or is proposed to be, operated for the purposes of acquiring or receiving information about meteorological conditions;

"military explosives storage area" means any area, including an aerodrome, depot or port, within which the storage of military explosives has been licensed by the Secretary of State for Defence, particulars of which have been furnished by the Secretary of State for Defence to the planning authority or authorities for the area in which it is situated;

“radio technical equipment” means infrastructure utilising electromagnetic radiation including-

(a) meteorological and wind profiling radars; or

(b) other meteorological systems making use of radio frequencies for the purposes of radio communications and remote sensing such as -

(i) satellite reception facilities; or

(ii) radiosondes;

"safeguarding map" means:

(a) a map issued for the purpose of this Direction and certified by the Civil Aviation Authority to be the safeguarding map for the aerodrome or technical site; or

(b) a map issued for the purpose of this Direction and certified by the Secretary of State for Defence to be the safeguarding map for the aerodrome, technical site or military explosives storage area; or

(c) issued by the Met Office to be the safeguarding map for the meteorological technical site; and

"technical site" means:

(a) any area within which is sited or is proposed to be sited equipment operated by or on behalf of NATS Holdings Limited any of its subsidiaries or such other person who holds a licence under Chapter I of Part I of the Transport Act 2000 for the provision of air traffic services, particulars of which have been furnished by the Scottish Ministers or the Civil Aviation Authority to the planning authority or authorities for the area in which it is situated; or

(b) any area within which is sited or is proposed to be sited equipment operated by or on behalf of the Secretary of State for Defence for the provision of air traffic services , particulars of which have been furnished by the Secretary of State for Defence to the planning authority or authorities for the area in which it is situated.

Consultation requirement

(3). A planning authority, before granting permission for the development of land forming the site of or in the neighbourhood of an aerodrome, technical site, meteorological technical site or military explosives storage area for which a safeguarding map has been furnished to the authority, shall, to the extent specified on such a safeguarding map in relation to particular parts shown thereon, consult the consultee.

Information to be given to the consultee

(4). For the purpose of consultation under this Direction the planning authority must provide the consultee with -

(a) a copy of the application for planning permission for the development in question together with -

(i) copies of any submitted plans showing the location with a Grid Reference (to at least 6 figures each of Eastings and Northings) and the elevation height of the site (to an accuracy of 0.25 metres above Ordnance Datum); and

(ii) particulars of the layout, dimensions and heights of buildings or works to which the application relates;

(b) such further information as is necessary to enable them to consider the application.

Restriction on grant of planning permission

(5). Subject to paragraph 6, a planning authority which has given information to the consultee in accordance with paragraph 4, in respect of an application for planning permission to develop land within the area covered by a safeguarding map shall not grant planning permission for the development before the expiry of a period of 21 days beginning with the date advised in writing by the consultee as the date of receipt of the information.

Information to be given to the Scottish Ministers

(6). Where a planning authority proposes to grant permission for the development of land forming the site of or in the neighbourhood of an aerodrome, technical site, meteorological technical site or military explosives storage area, against the advice of the consultee, or not to attach conditions which the consultee has advised, or to attach conditions which the consultee has advised against, it shall send to the Scottish Ministers, and in addition to:

(a) both the Civil Aviation Authority and the consultee; or

(b) the Secretary of State for Defence; or

(c) the Met Office;

as the case may be the following information -

(i) a copy of the planning application, any accompanying plans and associated documentation, together with the full address and postcode of the site to be developed;;

(ii) a copy of any environmental statement accompanying the application, or where an environmental statement has not been prepared;

(aa) a copy of any screening opinion given by the planning authority in respect of the development; and

(bb) a copy of any environmental report that is relevant to the development;

(iii) a copy of any appropriate assessment relating to the application, carried out under Part IV of the Conservation (Natural Habitats, &c.) Regulations 1994;

(iv) copies of all observations submitted by consultees and all representations and petitions received, together with a list of the names and addresses of those who have submitted observations / made representations (including details of any petition organiser if known). Where "pro-forma" representations are received only one copy example need be submitted, but all names and addresses must be provided. Copies of petitions should be submitted, but only the organiser or first named should be included in the list of names and addresses;

(v) the planning authority’s comments on the consultees’ observations and on the representations received;

(vi) a copy of any report on the application prepared by an officer of the planning authority;

(vii) unless contained in a report supplied pursuant to sub-paragraph (vi), a statement providing sufficient information to demonstrate that, in reaching a decision on the application, the planning authority has assessed the application in the light of the guidance in Annex 2 of SEDD Circular 2/2003; and

(viii) the planning authority’s reasons for proposing to grant planning permission against the advice of a consultee in respect of the matters identified in paragraph 6 of this Direction.

(7) Where the planning authority holds the information set out in sub-paragraphs (i) to (viii) above on its website, it may comply with some or all of the requirement to provide this information to the Scottish Ministers by means of an e-mail to the Scottish Government containing a link, or a series of links, to the relevant pages on the authority’s website.

Restriction on grant of planning permission

(8). A planning authority must not grant planning permission for the development before the expiry of a period of 28 days beginning with the date notified to it by the Scottish Ministers as the date of receipt by them of the information which the planning authority is required to give the Scottish Ministers under paragraph 6.

(9). If on the expiry of the period of 28 days, or such other date as has been notified to them, the planning authority has not received from the Scottish Ministers:

(a) a Direction under section 46 of the Town and Country Planning (Scotland) Act 1997 requiring the application to be referred to them instead of being dealt with by the authority, or

(b) a Direction under regulation 32 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 further restricting the granting of planning permission,

the planning authority may proceed to determine the application.

(10). Any safeguarding map under the authority of the Town and Country Planning (Airfields) (Scotland) Direction 1950, the Town and Country Planning (Technical Sites) (Scotland) Direction 1951, the Town and Country Planning (Aerodromes) (Scotland) Direction 1968, the Town and Country Planning (Aerodromes) (Scotland) Direction 1973, the Town and Country Planning (Aerodromes) (Scotland) Direction 1982 or the Town and Country Planning (Safeguarded Aerodromes, Technical Sites and Military Explosives Storage Areas) (Scotland) Direction 2003 shall remain in force as if it was a safeguarding map which had been issued under this Direction until such time as it is withdrawn:

(a) in the case of a map issued in relation to a military aerodrome or technical site, by the Scottish Ministers; or

(b) in the case of a map issued in relation to a civil aerodrome or meteorological technical site or technical site, by the Civil Aviation Authority or Met Office.

(11). This Direction may be cited as the Town and Country Planning (Safeguarded Aerodromes, Technical Sites, Meteorological Technical Sites and Military Explosives Storage Areas) (Scotland) Direction 2016 and shall come into force on 23 March 2016.