The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013

SCHEDULE 6 — Notice to accompany refusal etc.

SCHEDULE 7 — Form of notice to be displayed while development in progress

SCHEDULE 8 — Certificate of lawful use or development

SCHEDULE 9 — Revocations

Column (1) Provisions revoked	Column (2) References	Column (3) Extent of Revocations
The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008	S.S.I. 2008/432	The whole Regulations
The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2009	S.S.I. 2009/220	Regulation 7
The National Scenic Areas (Consequential Modifications) (Scotland) Order 2010	S.S.I. 2010/460	Article 13
The Management of Extractive Waste (Scotland) Regulations 2010	S.S.I. 2010/60	Regulation 3(3)
The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2011	S.S.I. 2011/138	Regulation 2
The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011	S.S.I. 2011/139	Regulation 48
The Historic Environment (Amendment) (Scotland) Act 2011 (Saving, Transitional and Consequential Provisions) Order 2011	S.S.I. 2011/377	Article 9
The Town and Country Planning (Development Management Procedure) (Scotland) Amendment Regulations 2012	S.S.I. 2012/165	The whole Regulations
The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2012	S.S.I. 2012/325	The whole Regulations

Signed

DEREK MACKAY — Authorised to sign by the Scottish Ministers

2013-05-21

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1997 c.8. The functions of the Secretary of State transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c.46). Sections 27A and 27C were inserted by section 6, sections 35A, 35B and 35C by section 11, section 36A by section 13, section 38A by section 14 and section 43A by section 17 of the Planning etc. (Scotland) Act 2006 (asp 17) (“the 2006 Act”) and sections 32, 34, 36, 43, 59 and 275 were respectively substituted by or amended by sections 7, 10, 12, 16, 21 and 54(16) of the 2006 Act. Section 43A is amended by S.S.I. 2013/24 and 2013/26.

[^f00002]: 1997 c.9.

[^f00003]: 1973 c.65.

[^f00004]: S.S.I. 2011/139.

[^f00005]: S.S.I. 2004/219 as relevantly amended by S.S.I. 2007/253, S.S.I. 2007/268 and S.S.I. 2013/105.

[^f00006]: 1979 c.46. Section 32A was inserted by section 11 of the Historic Environment (Amendment) (Scotland) Act 2011 (asp 3).

[^f00007]: 2005 asp 16.

[^f00008]: 2005 c.19.

[^f00009]: S.S.I. 2007/268.

[^f00010]: Section 263A was inserted by section 50 of the Planning etc. (Scotland) Act 2006 (asp 17).

[^f00011]: 1984 c.54.

[^f00012]: See command paper 9424.

[^f00013]: 2003 c.21.

[^f00015]: 1997 c.9.

[^f00016]: Section 43A was inserted by section 17 of the Planning etc. (Scotland) Act 2006 and is amended by S.S.I. 2013/24 and 2013/26.

[^f00017]: 1997 c.9.

[^f00018]: S.S.I. 2003/1.

[^f00019]: Section 27A was inserted by section 6(1) of the Planning etc. (Scotland) Act 2006 (asp 17).

[^f00020]: Section 27C was inserted by section 6(1) of the Planning etc. (Scotland) Act 2006.

[^f00021]: 2000 c.7. Section 15 was amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c.21).

[^f00022]: S.I. 1992/224 as amended by S.I. 1992/2083, S.I. 1994/2585, S.I. 1994/3293, S.I. 1996/467, S.I. 1997/749, S.S.I. 2000/179, S.S.I. 2001/245, S.S.I. 2003/1, S.I. 2003/2155, S.S.I. 2004/332, S.S.I. 2007/177 and S.S.I. 2007/268.

[^f00023]: S.S.I. 2008/432 as amended by S.S.I. 2009/220, 2010/60, 2010/460, 2011/138, 2011/139, 2011/377, 2012/165 and 2012/325.

[^f00024]: S.I. 1950/942, S.I. 1958/1653, S.I. 1959/1361, S.I. 1960/1722, S.I. 1963/1767, S.I. 1964/1791 and S.I. 1970/600.

[^f00025]: S.I. 1975/679.

[^f00026]: S.I. 1981/830 as amended by S.I. 1983/1620, S.I. 1984/237, S.I. 1985/2007, S.I. 1986/1356, S.I. 1988/977 and 1249, S.I. 1989/148, S.I. 1990/508 and S.I. 1991/147.

[^f00027]: S.I. 1992/224.

[^f00028]: 1997 c.8.

[^f00029]: S.S.I. 2011/139.

[^f00030]: S.I. 1994/2716.

[^f00031]: S.S.I. 2011/139.

[^f00032]: 1976 c.27.

[^f00033]: 1986 c.35.

[^f00034]: 1986 c.62.

[^f00035]: 1979 c.46. Section 32B was inserted by section 11 of the Historic Environment (Amendment) (Scotland) Act 2011 (asp 3).

[^f00036]: 1984 c.54. Section 151 was relevantly amended by the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 135(10) and S.I. 2001/1400.

[^f00037]: 1995 c.25.

[^f00038]: 2004 (asp 6).

[^f00039]: 1991 c.22.

[^f00040]: O.J. No. L 10, 14.1.1997, p.13. The Directive was amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council of 29th September 2003 (O.J. No. L 284, 31.10.2003) and Directive 2003/105/EC of the European Parliament and of the Council of 16th December 2003 (O.J. No. L 345, 31.12.2003 p.97).

The following are the classes of development specified for the purposes of regulations 20(2)(c) and 41(1)(b)—

• (1) the construction or installation of buildings for use as a public convenience;

• (2) the construction of buildings or other operations, or use of land—

• (a) for the disposal of refuse or waste materials or for the storage or recovery of reusable metal;

• (b) for the retention, treatment or disposal of sewage, trade‑waste, or effluent other than—

• (i) the construction of pumphouses in a line of sewers;

• (ii) the construction of septic tanks and cesspools serving single dwellinghouses, single caravans or single buildings in which not more than 10 people will normally reside, work or congregate;

• (iii) the laying of sewers; or

• (iv) works ancillary to those described in sub‑paragraphs (i) to (iii);

• (c) as a scrap yard or coal yard; or

• (d) for the winning or working of minerals, including management of extractive waste.

• (3) the construction of buildings or use of land or buildings for the purpose of slaughtering animals (including fish and poultry) or the processing of animal carcasses for final disposal or as part of the production of other goods;

• (4) the construction or use of buildings for any of the following purposes—

• (a) building for indoor games

• (b) cinema

• (c) dancing

• (d) fun fair

• (e) gymnasium (not forming part of a school, college or university)

• (f) hot food shop

• (g) licensed premises

• (h) music hall

• (i) skating rink

• (j) swimming pool or

• (k) theatre;

• (5) the construction of buildings for or the use of buildings or land as—

• (a) a crematorium , a hydrolysis facility (which has the meaning given in section 107 of the Burial and Cremation (Scotland) Act 2016) or a cemetery;

• (b) a zoo or wildlife park or for the business of boarding or breeding animals;

• (6) the construction of buildings and use of buildings or land for motor racing;

• (7) the construction of a building to a height exceeding 20 metres;

• (8) the construction of buildings, operations and use of buildings or land which will—

• (a) affect residential property by reason of fumes, noise, vibration, smoke, artificial lighting, or discharge of any solid or liquid substance;

• (b) alter the character of an area of established amenity;

• (c) bring crowds into a generally quiet area;

• (d) cause activity and noise between the hours of 8 pm and 8 am; or

• (e) introduce significant change into a homogeneous area.

Subject to regulation 25, the planning authority must before determining an application for planning permission for development consult a person, authority or body mentioned in a paragraph below in the circumstances specified in that paragraph.

1

SEPA—

• (1) where the development is likely to result in a material increase in the number of buildings at risk of being damaged by flooding; or

• (2) where the development consists of or includes—

• (a) fish farming;

• (b) mining operations;

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

• (d) 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 dwellinghouses, 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;

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

• (f) the use of land as a cemetery; or

• (g) the use of land for the deposit of any kind of refuse or waste, including slurry or sludge.

2

Scottish Natural Heritage where—

• (a) the development may affect a site of special scientific interest; or

• (b) the development consists of or includes the winning and working of peat other than for the domestic requirements of the applicant.

3

The Health and Safety Executive where the development is within an area which has been notified to the planning authority by the Health and Safety Executive for the purpose of this provision because of the presence within the vicinity of toxic, highly reactive, explosive or inflammable substances (otherwise than on a relevant nuclear site) and which involves the provision of—

• (a) residential accommodation;

• (b) more than 250 square metres of retail floor space;

• (c) more than 500 square metres of office floor space; or

• (d) more than 750 square metres of floor space to be used for an industrial process,

or which is otherwise likely to result in a material increase in the number of persons working within or visiting the notified area.

4

Scottish Natural Heritage, the Health and Safety Executive and SEPA where the development—

• (a) involves the siting of new establishments;

• (b) consists of modifications to establishments covered by Article 11 of Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC (OJ L 197, 24.7.2012, p.1) , as Directive 2012/18/EU had effect immediately before IP completion day; or

• (c) includes transport routes, locations of public use and residential areas in the vicinity of an establishment, where the siting or development may be the source of or increase the risk or consequences of a major accident, and, in relation to development falling within paragraph (c), any person who is, according to the register held by the planning authority under regulation 41 of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015, the person who is in control of the land on which the establishment is located.

5

The Scottish Ministers, in the case of—

• (1) development of land within 67 metres of the middle of, or development comprising the formation, laying out or alteration of any means of access to—

• (a) a trunk road;

• (b) a proposed trunk road or a proposed special road, being a road the route of which is shown as such in the development plan, or in respect of which the Scottish Ministers have given notice in writing to the planning authority of their proposal, together with the maps or plans sufficient to identify the proposed route of the road;

• (c) any road which is comprised in the route of a special road to be provided by the Scottish Ministers in accordance with a scheme under section 7 of the Roads (Scotland) Act 1984 relating to special roads, and which has not for the time being been transferred to them; or

• (d) any road which has been or is to be provided by the Scottish Ministers in pursuance of an Order under the provisions of that Act relating to trunk roads and special roads and has not for the time being been transferred to any roads authority;

• (2) development likely to result in a material increase in the volume or a material change in the character of traffic entering or leaving a trunk road;

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) development which consists of or includes the winning and working of peat other than for the domestic requirements of the applicant; or

• (7) marine fish farm development.

6

The community council, if any, within whose area the development is to take place where—

• (a) 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 regulation 23(1) the list which includes information about the application for such development, informs the planning authority that it wishes to be consulted; or

• (b) the development is likely to affect the amenity in the area of the community council.

7

The Coal Authority where the development consists of—

• (a) the erection of a building, other than an alteration, extension or re‑erection of an existing building or the erection of a building of a temporary character; or

• (b) the provision of a pipeline,

in an area of coal working or former or proposed coal working notified by the Coal Authority to the planning authority.

8

Any adjoining planning authority, where the development is likely to affect land in the district of that authority.

9

Network Rail Infrastructure Limited or any other railway undertakers likely to be affected where—

• (a) some part of the development is to be situated within 10 metres of a railway line forming part of the national railway network; or

• (b) the development is likely to result in a material increase in the volume or a material change in the character of traffic using a level crossing over a railway.

10

The roads authority concerned, where the development involves—

• (a) the formation, laying out or alteration of any means of access to, or is likely to create or attract traffic which will result in a material increase in the volume of traffic entering or leaving, a road (other than a trunk road) for which the planning authority are not also the roads authority; or

• (b) the formation, laying out or alteration of any means of access to land affording access to a toll road.

11

The Theatres Trust where the development involves any land on which there is a theatre as defined in the Theatres Trust Act 1976 .

12

Scottish Water where the development is likely to require a material addition to or a material change in the services provided by that authority.

13

A district salmon fishery board where the development consists of fish farming.

14

The Scottish Ministers and the Secretary of State where marine fish farm development may affect a site designated as a controlled site under section 1 of the Protection of Military Remains Act 1986 .

15

The Crofting Commission where the development may have an adverse effect on the continued use of land for crofting.

16

sportscotland where the development is likely to—

• (a) result in the loss of an outdoor sports facility;

• (b) prejudice the use of an existing outdoor sports facility for that purpose; or

• (c) prevent the use of land, which was last used as an outdoor sports facility, from being used again for that purpose.

Interpretation of Schedule 5

In this Schedule—

• (1) “district salmon fishery board” has the meaning assigned to it by section 40 of the Salmon Act 1986 ;

• “historic battlefield” means a battlefield which is included in the inventory of battlefields compiled and maintained under section 32B of the Ancient Monuments and Archaeological Areas Act 1979 ; and

• “outdoor sports facility” means land used as—an outdoor playing field extending to not less than 0.2ha used for any sport played on a pitch;an outdoor athletics track;a golf course;an outdoor tennis court, other than those within a private dwelling, hotel or other tourist accommodation; andan outdoor bowling green.

• “relevant nuclear site” means a site which is—a nuclear site (within the meaning given in section 112(1) of the Energy Act 2013);an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998);a new nuclear build site (within the meaning given in regulation 2A of those 1998 Regulations).

• “roads authority” has the same meaning as in section 151 of the Roads (Scotland) Act 1984 ;

• “SEPA” means the Scottish Environment Protection Agency established under section 20 of the Environment Act 1995 ;

• “site of special scientific interest” has the same meaning as in section 58(1) of the Nature Conservation (Scotland) Act 2004 .

• “slurry” means animal faeces and urine (whether or not water has been added);

• “special road” means a road provided or to be provided in accordance with a scheme under section 7 of the Roads (Scotland) Act 1984;

• “sportscotland” means the Scottish Sports Council;

• “toll order” has the same meaning as in Part II of the New Roads and Street Works Act 1991 ;

• “toll road” means a road which is the subject of a toll order;

• “trunk road” means a road or proposed road which is a trunk road within the meaning of section 151 of the Roads (Scotland) Act 1984 that is to say, a road which is a trunk road by virtue of section 5 of that Act or of an Order or direction under that section or section 202 of the Act; and

• (2) expressions which are used in paragraph 4 and in Council Directive 96/82/EC of the European Council on the control of major accident hazards involving dangerous substances have the same meaning in that paragraph as in that Directive , as it had effect immediately before IP completion day.

FORM 1

FORM 2

Editorial notes

[^c24094971]: 1997 c.8. The functions of the Secretary of State transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c.46). Sections 27A and 27C were inserted by section 6, sections 35A, 35B and 35C by section 11, section 36A by section 13, section 38A by section 14 and section 43A by section 17 of the Planning etc. (Scotland) Act 2006 (asp 17) (“the 2006 Act”) and sections 32, 34, 36, 43, 59 and 275 were respectively substituted by or amended by sections 7, 10, 12, 16, 21 and 54(16) of the 2006 Act. Section 43A is amended by S.S.I. 2013/24 and 2013/26.

[^c24094991]: 1973 c.65.

[^c24095001]: S.S.I. 2011/139.

[^c24095011]: S.S.I. 2004/219 as relevantly amended by S.S.I. 2007/253, S.S.I. 2007/268 and S.S.I. 2013/105.

[^c24095021]: 1979 c.46. Section 32A was inserted by section 11 of the Historic Environment (Amendment) (Scotland) Act 2011 (asp 3).

[^c24095031]: 2005 asp 16.

[^c24095041]: 2005 c.19.

[^c24095051]: S.S.I. 2007/268.

[^c24095061]: Section 263A was inserted by section 50 of the Planning etc. (Scotland) Act 2006 (asp 17).

[^c24095071]: 1984 c.54.

[^c24095081]: See command paper 9424.

[^c24095091]: 2003 c.21.

[^c24095111]: 1997 c.9.

[^c24095121]: Section 43A was inserted by section 17 of the Planning etc. (Scotland) Act 2006 and is amended by S.S.I. 2013/24 and 2013/26.

[^c24095131]: 1997 c.9.

[^c24095141]: S.S.I. 2003/1.

[^c24095151]: Section 27A was inserted by section 6(1) of the Planning etc. (Scotland) Act 2006 (asp 17).

[^c24095161]: Section 27C was inserted by section 6(1) of the Planning etc. (Scotland) Act 2006.

[^c24095171]: 2000 c.7. Section 15 was amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c.21).

[^c24095181]: S.I. 1992/224 as amended by S.I. 1992/2083, S.I. 1994/2585, S.I. 1994/3293, S.I. 1996/467, S.I. 1997/749, S.S.I. 2000/179, S.S.I. 2001/245, S.S.I. 2003/1, S.I. 2003/2155, S.S.I. 2004/332, S.S.I. 2007/177 and S.S.I. 2007/268.

[^c24095191]: S.S.I. 2008/432 as amended by S.S.I. 2009/220, 2010/60, 2010/460, 2011/138, 2011/139, 2011/377, 2012/165 and 2012/325.

[^c24095201]: S.I. 1950/942, S.I. 1958/1653, S.I. 1959/1361, S.I. 1960/1722, S.I. 1963/1767, S.I. 1964/1791 and S.I. 1970/600.

[^c24095211]: S.I. 1975/679.

[^c24095221]: S.I. 1981/830 as amended by S.I. 1983/1620, S.I. 1984/237, S.I. 1985/2007, S.I. 1986/1356, S.I. 1988/977 and 1249, S.I. 1989/148, S.I. 1990/508 and S.I. 1991/147.

[^c24095231]: S.I. 1992/224.

[^c24095251]: 1997 c.8.

[^c24095271]: S.I. 1994/2716.

[^c24095301]: 1976 c.27.

[^c24095311]: 1986 c.35.

[^c24095321]: 1986 c.62.

[^c24095331]: 1979 c.46. Section 32B was inserted by section 11 of the Historic Environment (Amendment) (Scotland) Act 2011 (asp 3).

[^c24095341]: 1984 c.54. Section 151 was relevantly amended by the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 135(10) and S.I. 2001/1400.

[^c24095351]: 1995 c.25.

[^c24095361]: 2004 (asp 6).

[^c24095371]: 1991 c.22.

[^c24095381]: O.J. No. L 10, 14.1.1997, p.13. The Directive was amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council of 29th September 2003 (O.J. No. L 284, 31.10.2003) and Directive 2003/105/EC of the European Parliament and of the Council of 16th December 2003 (O.J. No. L 345, 31.12.2003 p.97).

[^key-3cc0693ac1a7562a74c19d8914400f0a]: Words in sch. 5 para. 3 inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 209(2) (with Sch. 4)

[^key-0cf098c0ec9f5ca7926e8e3f6d4adda8]: Sch. 5 para. 3A inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 209(3) (with Sch. 4)

[^key-f1dc10b226db50a60a4404cc19d5a4da]: Words in sch. 5 inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 209(4) (with Sch. 4)

[^key-16da3740f37c5549a3f7b54ed0b2de08]: Words in reg. 20(1) substituted (1.6.2015) by The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015 (S.S.I. 2015/181), reg. 1, sch. 8 para. 3(2)(a)

[^key-131df27732ecd28b1727ffaa9daf4c68]: Reg. 20(2)(e) inserted (1.6.2015) by The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015 (S.S.I. 2015/181), reg. 1, sch. 8 para. 3(2)(b)

[^key-a114b1d32cda9fe2abc7b5775d553c28]: Reg. 20(6)(7) inserted (1.6.2015) by The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015 (S.S.I. 2015/181), reg. 1, sch. 8 para. 3(2)(c)

[^key-bdaad152247169fe59a41cf541d5bd88]: Sch. 5 para. 4 substituted (1.6.2015) by The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015 (S.S.I. 2015/181), reg. 1, sch. 8 para. 3(4)

[^M_F_58c89fea-9708-4028-c0f6-84f6483439d9]: Reg. 20A inserted (1.6.2015) by The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015 (S.S.I. 2015/181), reg. 1, sch. 8 para. 3(3)

[^key-32526f285f520c79d583e08b3837a588]: Words in reg. 2(4) omitted (14.9.2015) by virtue of The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/249), regs. 1, 6(2)

[^key-2949f2e6c494543612ed96c8f03389ee]: Words in reg. 2(4) inserted (14.9.2015) by The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/249), regs. 1, 6(2)

[^key-9d1c9e5907031999c2dbfcc7ab7c3d60]: Words in reg. 3 substituted (1.10.2015) by The Town and Country Planning (Historic Environment Scotland) Amendment Regulations 2015 (S.S.I. 2015/237), regs. 1(1), 5(2)

[^c22583531]: 1997 c.9. Section 1 is amended by paragraph 2 of Schedule 3 to the Historic Environment Scotland Act 2014 (asp 19).

[^key-13f1f5afeb678a7959033924ceb372e2]: Sch. 5 para. 5(3) omitted (1.10.2015) by virtue of The Town and Country Planning (Historic Environment Scotland) Amendment Regulations 2015 (S.S.I. 2015/237), regs. 1(1), 5(3)(a)

[^key-c2aa5a5a7c1c0beb7d678cb770f4f792]: Sch. 5 para. 5(4) omitted (1.10.2015) by virtue of The Town and Country Planning (Historic Environment Scotland) Amendment Regulations 2015 (S.S.I. 2015/237), regs. 1(1), 5(3)(a)

[^key-7428666319131c6ae6bbe2d4cc85806d]: Sch. 5 para. 5(5) omitted (1.10.2015) by virtue of The Town and Country Planning (Historic Environment Scotland) Amendment Regulations 2015 (S.S.I. 2015/237), regs. 1(1), 5(3)(a)

[^key-16797084365bbc8e5d5a0d35a5947f61]: Sch. 5 para. 17 inserted (1.10.2015) by The Town and Country Planning (Historic Environment Scotland) Amendment Regulations 2015 (S.S.I. 2015/237), regs. 1(1), 5(3)(b) (with reg. 5(4))

[^key-a61761dc1a4cc066f353026ce0095f61]: Words in reg. 3 inserted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 57(2)(a) (with regs. 2(10), 38, 39, 40, 60(7))

[^key-0e68f95cbabb1b76596f92a71f328a96]: Words in reg. 3 inserted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 57(2)(b) (with regs. 2(10), 38, 39, 40, 60(7))

[^key-bdb88abfd57a8de1d34dcee782c4e0a1]: Word in reg. 5(2) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 57(3) (with regs. 2(10), 38, 39, 40, 60(7))

[^key-d44e29a04ebd1e299648f4669b99a9c2]: Words in sch. 2 para. 3(b) inserted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 57(4)(a) (with regs. 2(10), 38, 39, 40, 60(7))

[^key-960f39ff47ef239fb9b6d07ef5446b35]: Words in sch. 2 para. 3(f) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 57(4)(b) (with regs. 2(10), 38, 39, 40, 60(7))

[^key-fb7308b9bb0044a2c4be43b5e77b8ccc]: Words in sch. 2 para. 4(c)(i) inserted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 57(4)(a) (with regs. 2(10), 38, 39, 40, 60(7))

[^key-e83237794d684a8f8537f071d80a84ea]: Words in sch. 2 para. 4(e) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 57(4)(c) (with regs. 2(10), 38, 39, 40, 60(7))

[^key-e08a4d92100f664949165e1c5b60c436]: Reg. 7A inserted (24.4.2020) by The Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/124), regs. 1, 2(3)

[^key-70938692b13d16a8e82a08a29f6a2101]: Words in reg. 7(2) inserted (24.4.2020) by The Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/124), regs. 1, 2(2)

[^key-ccb1a1b129dbae0647195c98e68adeae]: Words in sch. 5 inserted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 3(3)(b) (as amended by S.S.I. 2019/274, regs. 1, 2(2) and S.S.I. 2020/310, regs. 1, 2(2)(4), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c09a50d38b207d16b6d6ed72750e3cff]: Words in reg. 20A(1)(c) substituted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 3(2) (as amended by S.S.I. 2019/274, regs. 1, 2(2) and S.S.I. 2020/310, regs. 1, 2(2), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-e2652bbf264d19d9cda3fc471c6555fd]: Words in sch. 5 para. 4(b) inserted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 3(3)(a) (as amended by S.S.I. 2019/274, regs. 1, 2(2) and S.S.I. 2020/310, regs. 1, 2(2)(4), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a9c7aa22d317ac5a5b19b4bf0efb961e]: Words in sch. 5 para. 4(b) inserted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 3(3)(a) (as amended by S.S.I. 2019/274, regs. 1, 2(2) and S.S.I. 2020/310, regs. 1, 2(2)(4), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-d75ecace8d5a9d35eb5036287304ecff]: Reg. 7A(2)(b) and word omitted (29.9.2021) by virtue of The Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2021 (S.S.I. 2021/292), regs. 1(1), 7(3)(a)

[^key-d795d29a0383b29f37f785ac6956c69e]: Words in reg. 7A(3) substituted (29.9.2021) by The Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2021 (S.S.I. 2021/292), regs. 1(1), 7(3)(b)

[^key-d2b230da0609836d12f9041c336f5d1e]: Reg. 4A inserted (1.10.2021) by The Town and Country Planning (Pre-Application Consultation) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/99), regs. 1(1), 3

[^key-cc1cabd0c1d2fefa6d85d52250d5f2e9]: Reg. 7B inserted (1.10.2021) by The Town and Country Planning (Pre-Application Consultation) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/99), regs. 1(1), 7 (with reg. 10(b))

[^key-6151f2a803240da8a84b1fd3c9a9b37a]: Reg. 5(1A) inserted (1.10.2021) by The Town and Country Planning (Pre-Application Consultation) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/99), regs. 1(1), 4

[^key-aada9427713afa232542a3ae2ac731ba]: Words in reg. 6 inserted (1.10.2021) by The Town and Country Planning (Pre-Application Consultation) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/99), regs. 1(1), 5

[^key-e838e44e1acb0feea24c83276326bef0]: Words in reg. 7(2)(a) substituted (1.10.2021) by The Town and Country Planning (Pre-Application Consultation) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/99), regs. 1(1), 6(a) (with reg. 10(a))

[^key-1724ad96450c25d70c6764abd38f227c]: Reg. 7(2)(b) substituted (1.10.2021) by The Town and Country Planning (Pre-Application Consultation) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/99), regs. 1(1), 6(b) (with reg. 10(a))

[^key-c02f6006aa2f19e17922f0162a5b0f6b]: Reg. 7(2A) inserted (1.10.2021) by The Town and Country Planning (Pre-Application Consultation) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/99), regs. 1(1), 6(c) (with reg. 10(a))

[^key-457a58afaf69d6c503b1c1cd5adc68b9]: Words in reg. 7(3) substituted (1.10.2021) by The Town and Country Planning (Pre-Application Consultation) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/99), regs. 1(1), 6(d) (with reg. 10(a))

[^key-93b1ddc4c935ebea9a7456149eff753c]: Reg. 7(4) inserted (1.10.2021) by The Town and Country Planning (Pre-Application Consultation) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/99), regs. 1(1), 6(e) (with reg. 10(a))

[^key-4ffa678d0da5d994ca0383b580aec4fe]: Words in reg. 9(3)(e) inserted (1.10.2021) by The Town and Country Planning (Pre-Application Consultation) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/99), regs. 1(1), 8(a)

[^key-fda47de37575acf3377d6777b6543605]: Words in reg. 9(4) inserted (1.10.2021) by The Town and Country Planning (Pre-Application Consultation) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/99), regs. 1(1), 8(b)

[^key-c5dbfd4f47e453a1fa8f8eb78c1fb8e3]: Words in reg. 10(3)(e) inserted (1.10.2021) by The Town and Country Planning (Pre-Application Consultation) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/99), regs. 1(1), 9

[^key-38db5030f58509263c7ac7319a92bd78]: Words in reg. 7A(3) substituted (30.3.2022) by The Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2022 (S.S.I. 2022/66), regs. 1(1), 7(2)

[^key-bff85e1f56ef51b42d226aea217b0382]: Reg. 28(3)(a)(v) omitted (1.12.2022) by virtue of The Town and Country Planning (Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/286), regs. 1(1), 2(2) (with reg. 4)

[^M_F_21fb3d1b-699a-4473-9a32-ea408b8c262d]: Sch. 4 Note 4: the words “Where the application is an application in respect of which the applicant was required to comply with section 35B” substituted for “Where the development to which the application belongs is a class of development prescribed for the purposes of section 35A(1)” (1.12.2022) by The Town and Country Planning (Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/286), regs. 1(1), reg. 2(3)

[^key-8c009686e26ea055946fdc5b10f0b8ca]: Sch. 2 para. 5A inserted (5.12.2024) by The Town and Country Planning (Masterplan Consent Areas) (Scotland) Regulations 2024 (S.S.I. 2024/253), regs. 1, 10(2)

[^key-14f3444b8aedf8f4fc00b039264aedc6]: Words in sch. 3 para. (5)(a) inserted (2.3.2026) by The Hydrolysis (Scotland) (No. 1) Regulations 2026 (S.S.I. 2026/50), regs. 1(2), 8

3A

The Office for Nuclear Regulation where the development is within an area which has been notified to the planning authority by the Office for Nuclear Regulation for the purpose of this provision because of the presence within the vicinity of toxic, highly reactive, explosive or inflammable substances on a relevant nuclear site and which involves the provision of—

• (a) residential accommodation;

• (b) more than 250 square metres of retail floor space;

• (c) more than 500 square metres of office floor space; or

• (d) more than 750 square metres of floor space to be used for an industrial process,

or which is otherwise likely to result in a material increase in the number of persons working within or visiting the notified area.

20A

• (1) A notice published by virtue of regulation 20(1) and (2)(e) must be published with the following modifications—

• (a) for “Written comments may be made to” substitute “ Written comments or questions may be submitted to ”;

• (b) after “[Note 7]” insert—

[Note 8] An application may be granted (either unconditionally or subject to conditions) or refused.

• (c) after Note 7 insert—

Note 8 – If the proposal is a project, or part of a project, that is subject to a national or transboundary environmental impact assessment or to a requirement to provide information by virtue of regulation 20 of the 2015 Regulations, state that fact

17

Historic Environment Scotland, in the case of—

• (a) development of land which is situated within 800 metres from any Royal Palace or Park, and might affect the amenities of that Palace or Park;

• (b) development which may affect—

• (i) a World Heritage Site;

• (ii) a historic garden or designed landscape;

• (iii) the site of a scheduled monument or its setting; or

• (iv) a category A listed building or its setting; or

• (c) development (other than householder development) which may affect a historic battlefield.

Temporary relaxation of pre-application consultation requirements during Coronavirus emergency period

7A

• (1) This regulation applies in relation to an application for planning permission submitted—

• (a) either—

• (i) during the emergency period, or

• (ii) within the period of 6 months immediately following the expiry of the emergency period, and

• (b) in respect of which a proposal of application notice is given to the planning authority before, or during, the emergency period.

• (2) Where this regulation applies in relation to an application for planning permission, regulation 7 applies in relation to that application—

• (a) as if paragraphs (2)(a) and (b)(iii) and (3) were omitted, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) For the purposes of this regulation, the “emergency period” is the period beginning on 24 April 2020 and ending at the end of 30 September 2022 .

Pre-application consultation – exemptions

4A

• (1) The circumstances specified for the purposes of section 35A(1A)(b) of the Act (pre-application consultation: preliminary) in which section 35A(1) of the Act does not apply to an application for planning permission are set out in paragraph (2).

• (2) The circumstances are where all of paragraphs (a) to (d) apply—

• (a) the application for planning permission relates to proposed development—

• (i) of the same character or description as development (or part of the development) in respect of which an earlier application for planning permission was made (“the earlier application”),

• (ii) comprised within the description of the development contained in the proposal of application notice given to the planning authority under section 35B(2) of the Act in respect of the earlier application, and

• (iii) to be situated on or within the same site as the development to which the earlier application related and on no other land except land which is solely for the purpose of providing a different means of access to the site of the proposed development,

• (b) there has been compliance with the requirements of section 35B in respect of the earlier application,

• (c) the planning authority have not exercised their power under section 39 to decline to determine the earlier application, and

• (d) the application for planning permission is made no later than 18 months after the validation date of the earlier application.

• (3) Where the applicant believes that section 35A(1) of the Act does not apply to an application for planning permission by virtue of section 35A(1A)(b) a statement to that effect must accompany the application for planning permission and that statement must identify the earlier application.

Content of pre-application screening notice

Content of proposal of application notice

Pre-application consultation

Temporary relaxation of pre-application consultation requirements during Coronavirus emergency period

Form and content of pre-application consultation report

7B

A pre-application consultation report must contain—

• (a) the dates on which, and places where, public events were held as required in accordance with regulation 7(2),

• (b) a description of—

• (i) any additional consultation or notification required by the planning authority in relation to the proposed application under section 35B(7) of the Act,

• (ii) any additional steps taken by the prospective applicant to consult with members of the public as regards the proposed development,

• (c) a list of bodies, groups and organisations who were consulted by the prospective applicant,

• (d) evidence as to how the prospective applicant carried out the activities described under sub-paragraphs (a), (b) and (c),

• (e) copies of—

• (i) any materials sent to consultees,

• (ii) any materials provided to those attending a public event, and

• (iii) any visual presentation shown or displayed at a public event,

• (f) photographs of any display boards or models at public events,

• (g) confirmation as to whether consultees and attendees at public events were informed that pre-application consultation does not remove the right or the potential need to comment on the final application once it is made to the planning authority,

• (i) a summary of—

• (i) the written responses to consultations, and

• (ii) views raised at public events,

including an indication of the number of written responses received and the number of persons who attended the public events,

• (j) an explanation of how the prospective applicant took account of views raised during the pre-application consultation process, and

• (k) an explanation of how members of the public were given feedback on the prospective applicant's consideration of the views raised during the pre-application consultation process.

5A

The register kept by the planning authority must also contain the following information in respect of every masterplan consent area scheme made, or proposed to be made, in respect of land in the district of the planning authority—

• (a) a copy of the proposed scheme or proposed alteration to a scheme published under regulation 4 of the Town and Country Planning (Masterplan Planning (Masterplan Consent Areas) (Scotland) Regulations 2024,

• (b) a copy of the decision notice published under regulation 7 of those Regulations,

• (c) a copy of the masterplan consent area scheme made, or as altered, under paragraph 4, 15 or 16 of Schedule 5A of the Act.