{
  "url": "https://openlegislation.uk/town-and-country-planning-general-development-procedure-scotland-order-1992/article-29",
  "json_url": "https://openlegislation.uk/town-and-country-planning-general-development-procedure-scotland-order-1992/article-29.json",
  "legislation": "uksi/1992/224",
  "legislation_title": "The Town and Country Planning (General Development Procedure) (Scotland) Order 1992",
  "legislation_url": "https://openlegislation.uk/town-and-country-planning-general-development-procedure-scotland-order-1992",
  "path": "article/29",
  "kind": "article",
  "number": "29",
  "heading": "Determination by planning authority",
  "text": "(1) Where an application for an established use certificate is accompanied by such a certificate, as is mentioned in paragraph (1)(b), (c) or (d) of article 27 or by a certificate containing a statement in accordance with paragraph (3)(b) of article 27, the planning author ity—\n(a) shall not determine the application before the end of the period of 21 days beginning with the date appearing from the certificate to be the latest of the dates of service of notices as mentioned in the certificate, or the date of publication of a notice as therein mentioned, whichever is the later; and\n(b) in determining the application, shall take into account any representations relating thereto which are made to them, before the end of the period mentioned in the preceding sub-paragraph, by any person who satisfies them that he is an owner of any land to which the application relates or that he is the tenant of an agricultural holding any part of which is comprised in that land.\n(2) The planning authority shall give notice to the applicant of their decision, or of the reference of the application to the Secretary of State, within a period of two months from the date of receipt of the application, or such extended period as may be agreed upon in writing between the applicant and the planning authority at any time except where the applicant has already given notice of appeal to the Secretary of State.\n(3) An established use certificate shall be in the form set out in Part 4 of Schedule 11 and shall be copied to every person who has made representations which the planning authority were required to take into account in accordance with paragraph (1)(b).\n(4) Where an established use certificate is not granted by the planning authority on an application, the notice of their decision to refuse the application—\n(a) shall be in writing;\n(b) shall state the grounds for their decision;\n(c) shall include a statement to the effect that the applicant may appeal to the Secretary of State under section 91(2) of the Act; and\n(d) shall be copied to every person who has made representations which the planning authority were required to take into account in accordance with paragraph (1)(b).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1992/224/article/29",
    "retrieved_at": "2026-10-29T14:29:49.669924+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}