Planning Circular 3/2013: Development management procedures (withdrawn)

Footnotes

1. http://www.legislation.gov.uk/ukpga/1997/8/contents

2. http://www.legislation.gov.uk/ukpga/1973/65/contents

3. http://www.legislation.gov.uk/ssi/2013/155/contents/made

4. http://www.legislation.gov.uk/ssi/2011/139/contents/made

5. http://www.legislation.gov.uk/ssi/2009/51/contents/made

6. http://www.legislation.gov.uk/asp/2006/17/contents

7. http://www.scotland.gov.uk/Publications/2010/08/30094454/0

8. International Commission on Non-Ionising Radiation Protection

9. http://www.scotland.gov.uk/Publications/2003/08/18013/25389

10. http://www.scotland.gov.uk/Topics/Built-Environment/planning/National-Planning-Policy/newSPP

11. http://www.scotland.gov.uk/Publications/2010/03/22120652/0

12. http://www.scotland.gov.uk/Publications/2006/03/07164427/0

13. Applications for major development which is contrary to the development plan or national development cannot be delegated to officers for decision due to requirements for pre-determination hearings and decision by full council - see paragraphs 4.69 - 4.75.

14. http://www.legislation.gov.uk/ssi/2013/157/contents/made

15. "road" has the same meaning as in section 151 of the Roads (Scotland) Act 1984 - http://www.legislation.gov.uk/ukpga/1984/54/contents

16. http://www.legislation.gov.uk/ukpga/1997/9/contents

17. http://www.legislation.gov.uk/ssi/2009/257/contents/made

18. Introduced by Article 5 of the Planning etc. (Scotland) Act 2006 (Development Management and Appeals) (Saving, Transitional and Consequential Provisions) Order 2009 http://www.legislation.gov.uk/ssi/2009/222/contents/made

19. http://www.scotland.gov.uk/Publications/2006/03/08094923/0

20. http://www.scotland.gov.uk/Publications/2011/06/01084419/0

21. http://www.scotland.gov.uk/Topics/Built-Environment/planning/modernising/online/dataprotection

22. section 14(2) of the Planning etc (Scotland) Act 2006 amended the Local Government (Scotland) Act 1973 to this effect

23. For example:

(1) The date of the planning authority's decision notice is 1 September - your full notice of local review must be received on or before 30 November (note:1 December would be the start of the fourth month, and so too late).

(2) The planning authority has not made a decision on your planning application, and it should have done so by 15 March. You can seek a local review regarding non-determination, but the last day by which you can do so is 14 June.

24. 'period allowed for determination' is defined in relation to applications to which local review applies in regulation 8(2) of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 - http://www.legislation.gov.uk/ssi/2013/157/contents/made

25. For example:

(1) The date of the planning authority's decision notice is 1 September - your full notice of an appeal to Scottish Ministers must be received on or before 30 November (note:1 December would be the start of the fourth month, and so too late).

(2) The planning authority has not made a decision on your planning application, and it should have done so by 15 March. You can appeal to Scottish Ministers regarding non-determination, but the last day by which you can do so is 14 June.

26. 'the period allowed for determination 'in relation to applications subject to a right of appeal to Scottish Ministers is defined in regulation 3(2) of the Town and Country Planning (Appeals) (Scotland) Regulations 2013 - http://www.legislation.gov.uk/ssi/2013/156/contents/made

27. These are defined in the Town and Country Planning (Marine Fish Farming) (Scotland) Order 2007 ( SSI 2007/268 http://www.legislation.gov.uk/ssi/2007/268/contents/made

28. http://www.scotland.gov.uk/Publications/2009/09/16092848/0

29. Applications are "similar" only if the development and the land to which the applications relate are in the opinion of the planning authority the same or substantially the same.

30. When an appeal is made on the grounds of non-determination of the application, the application is then deemed to be refused at that point.

31. SSI 2013/155.

32. http://www.scotland.gov.uk/Publications/1998/02/circular-4-1998/circular-4-1998-circular

33. Section 58 of the Act does not apply to planning permission granted for a limited period in accordance with Section 41(1)(b) of the Act. In such cases a condition limiting the duration of the permission would be required.

34. SSI 2013/155.