Explanatory note

This Order makes supplementary, incidental or consequential changes to the Town and Country Planning (Scotland) Act 1997 (“the 1997 Act”), the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, the Licensing (Scotland) Act 2005 and the Planning etc. (Scotland) Act 2006 (“the 2006 Act”) for the purposes of, in consequence of or in order to give full effect to the provisions of the 2006 Act.

Article 2(2) amends section 36(3)(b) of the 1997 Act to bring the powers in section 36 into line with the new structure of the legislation introduced by the 2006 Act which make it possible for an application to be finally disposed following a review under section 43A(8) of the 1997 Act as introduced by section 17 of the 2006 Act.

Article 2(3) amends section 60(2) of the 1997 Act. Section 60(2) sets out when a “matter” is to be treated as finally approved for the purposes of section 59 of the 1997 Act. Following the introduction of local reviews under section 43A(8) by the 2006 Act it will be possible for the final approval of a matter to be obtained on review. Article 2(3) makes equivalent provision for this situation as exists for cases where the final approval is obtained on appeal.

Article 2(4) removes the redundant reference to subsection (2) of section 131 from section 180(3) of the 1997 Act. Section 131(2) is repealed by the Schedule to the 2006 Act.

Article 2(5) amends section 266(1) of the 1997 Act to ensure that the current powers to make orders as to expenses in appeal cases which do not go to an inquiry are available following the repeal by the Schedule to the 2006 Act of sections 46(5), 48(2), 131(2), 155(1) and 169(6) of the 1997 Act and the introduction into the 1997 Act, by sections 23 and 24 of the 2006 Act, of new appeal proceedings in sections 75B and 75F in relation to planning obligations and good neighbour agreements.

Section 277(5) of the 1997 Act makes detailed provision to deal with the variety of situations in which a planning decision may be made under that Act. Article 2(6) amends section 277(5) to make provision in relation to references to planning decisions for cases determined on the new review proceedings introduced by section 17 of the 2006 Act.

Article 2(7) removes the redundant reference to paragraph 2(4) of Schedule 4. This paragraph is repealed by the Schedule to the 2006 Act.

Article 3 brings section 15(3)(a) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 into line with the changes made to section 75 of the 1997 Act by section 23 of the 2006 Act. Section 75 will no longer refer only to agreement as it will allow unilateral obligations.

Article 4 amends section 50 of the Licensing (Scotland) Act 2005 to add a reference to planning permission in principle following changes made by section 21 of the 2006 Act to section 59 of the 1997 Act.

Sections 20 and 21 of the 2006 Act amend sections 58 and 59 of the 1997 Act to introduce provisions which state that a planning permission lapses after 3 years and also to give powers to enable the authority granting the permission to direct that the permission is to lapse after a longer or shorter period. Article 5 amends these sections to allow an applicant to challenge this period under a review under the new section 43A(8).