Planning Circular 2/2003: Town and Country Planning (Safeguarded Aerodromes, Technical Sites and Military Explosives Storage Areas) (Scotland) Direction 2003

PLANNING CIRCULAR 2 2003

ANNEX 1

THE TOWN AND COUNTRY PLANNING (SAFEGUARDED AERODROMES, TECHNICAL SITES AND MILITARY EXPLOSIVES STORAGE AREAS) (SCOTLAND) DIRECTION 2003

The Scottish Ministers, in exercise of the powers conferred on them by Articles 15(2), 17, 22(3) and 32(1) of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992, as amended, and all other powers enabling them in that behalf, hereby direct as follows:

1. 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 certified 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 certified by the Secretary of State for Defence, the Secretary of State for Defence;

"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;

"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; 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.

2. A planning authority, before granting permission for the development of land forming the site of or in the neighbourhood of an aerodrome, 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.

3. For the purpose of consultation under this Direction the planning authority shall furnish to the consultee a copy of the application for permission for the development in question together with copies of any submitted plans showing the location with a Grid Reference (to at least 6 figures each of Eastings and Northings) and the elevationheight of the site (to an accuracy of 0.25 metres above Ordnance Datum), together with particulars of the layout, dimensions and heights of buildings or works to which the application relates, and shall furnish such further information as is necessary to enable them to consider the application.

4. Subject to paragraph 5, a planning authority which has given information to the consultee in accordance with paragraph 3, 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.

5. If 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 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 notify the Scottish Ministers, and in addition:

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

(b) the Secretary of State for Defence

as the case may be.

6. Where a planning authority is required to notify in accordance with paragraph 5 it shall as soon as practicable send to those required to be notified the following information:

(a) a copy of the application (including any accompanying plans or drawings);

(b) a copy of any environmental statement prepared in terms of the Environmental Impact Assessment (Scotland) Regulations 1999;

(c) copies of all representations about the application received by the planning authority together with an alphabetical list of the names and addresses of those who have made representations and details of the planning authority's comments thereon. Where "pro-forma" representations are received only one copy example need be submitted, but all names and addresses must be incorporated into the alphabetical list. Copies of petitions should be submitted, but only the organiser or first named should be included in the alphabetical list of names and addresses;.

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

(e) unless contained in a report supplied pursuant to sub-paragraph (d), 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;

(f) a statement of the issues involved in the decision and copies of any views expressed on the application submitted by any government department, local authority or statutory body consulted by the planning authority in connection with the application together with details of the planning authority's comments thereon; and

(g) a statement of reasons for proposing to grant planning permission against the advice of a consultee in respect of the matters identified in paragraph 5 of this Direction.

7. Subject to paragraph 8, where a planning authority have provided notification in accordance with paragraph 6, it shall 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.

8. The Scottish Ministers may, during the said period of 28 days referred to in paragraph 7, notify the planning authority in writing that an earlier date shall be substituted for the date of expiry of that period.

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 Article 17 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 further restricting the granting of planning permission,

the planning authority may proceed to determine the application.

10. The Town and Country Planning (Technical Sites) (Scotland) Direction 1951 and the Town and Country Planning (Aerodromes) Direction 1982 are superseded by this Direction, save that they shall continue to apply to any application for planning permission to develop land which was made and not determined before this Direction comes into force.

11. 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 or the Town and Country Planning (Aerodromes) (Scotland) Direction 1982 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 technical site, by the Civil Aviation Authority.

12. This Direction may be cited as the Town and Country Planning (Safeguarded Aerodromes, Technical Sites and Military Explosives Storage Areas) (Scotland) Direction 2003 and shall come into force on 10 February 2003.