Planning Circular 1/2007: planning controls for marine fish farming

ANNEX G

Town and Country Planning (Notification of Applications affecting controlled sites) (Scotland) Direction 2007

The Scottish Ministers, in exercise of the powers conferred by articles 17 and 22(3) of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992(a) and all other powers enabling them in that behalf, hereby gives the following direction:

1. If a planning authority are minded to grant permission for marine fish farming development which may affect a site designated as a controlled site under section 1 of the Protection of Military Remains Act 1986, against the advice of the Secretary of State, or not to attach conditions which the Secretary of State has advised, or to attach conditions which the consultee has advised against, the planning authority shall notify the Scottish Ministers and the Secretary of State that they are so minded and send to the Scottish Ministers the following information-

(a) a copy of the application and plans;

(b) a copy of any environmental statement prepared under the Environmental Assessment (Scotland) Regulations 1999 and relating to the application;

(c) copies of the observations 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 on the observations;

(d) details of any representations about the application received by the planning authority together with details of the planning authority's comments thereon;

(e) a statement of reasons for proposing to grant planning permission against the advice of the Secretary of State in respect of the matters identified in paragraph 1 of this Direction.

2. Where a planning authority have in accordance with paragraph 1 given information to the Scottish Ministers in respect of any application they shall not grant planning permission for the development to which the application relates before the expiry of a period of 28 days beginning with the date notified to them by the Scottish Ministers as the date of receipt by them of the information.

3. The Scottish Ministers may during the said period of 28 days referred to in paragraph 2 notify the planning authority in writing that an earlier date shall be substituted for the date of expiry of that period.

4. 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, in relation to the application in respect of which information has been provided in accordance with paragraph 1, 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(a) further restricting the granting of planning permission, the planning authority may proceed to determine the application.

6. This Direction may be cited as the Town and Country Planning (Notification of Applications Affecting Controlled Sites) (Amendment) (Scotland) Direction 2007 and shall come into force on 1 April 2007.

JOHN O'BRIEN

Scottish Executive Development Department
Victoria Quay
Edinburgh
EH6 6QQ

1 April 2007