MacRoberts e-update 31/07/09

THREE DAYS UNTIL PLANNING MODERNITY

Just a brief reminder to you all that 3 August is the day on which there comes into effect the extensive changes to development management procedures in Scotland, as contained in (amongst other legislation) the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2009 ( the "Regulations").

The Scottish Government has published a helpful summary guidance note on the implications of the transition to the new regime, which you can find at http://www.scotland.gov.uk/Topics/Built-Environment/planning/modernising/progress/Transitional. However, in brief, some of the implications for pre- and post-3 August applications are summarised here.

Timescales for Determination
Any applications made before 3 August, but which will be determined on or after that date, will be subject to the new timescales allowed for determination of the application (i.e. 2 or 4 months).

Duration of Planning Permission
The following decisions will be subject to reduced default time periods for the duration of the permission, unless the planning authority indicates otherwise:

• Decisions taken on or after 3 August on applications made before that date; and
• Decisions taken post-3 August on applications for planning permission or planning permission in principle.

Also, outline planning permission granted after 3 August 2009 will be granted planning permission in principle subject to reduced default time periods for the duration of the permission, unless the planning authority indicates otherwise.

Rights of Appeal
Any right of appeal arising before 3 August will be preserved. The applicant in such cases will have six months to raise the appeal. Where the right to appeal is exercised only after 3 August, the new appeals procedures will be applied. If an appeal has been taken before 3 August, it will be processed in accordance with the procedures applying at the time of the raising of the appeal.

Pre-application Consultation
For applications made on or after 3 August, the statutory requirements for pre-application consultation for major and national developments will apply.

Notices of Initiation and Completion of Development
Planning permission granted on or after 3 August will be subject to a requirement for the developer to serve notice of initiation of development and notice of completion of development on the planning authority.

For further information, please contact Sarah Pirie on 0131 229 5046.

© MacRoberts 2009

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