{
  "url": "https://openlegislation.uk/town-and-country-planning-scotland-act-1972-repealed-2751997/section-34",
  "json_url": "https://openlegislation.uk/town-and-country-planning-scotland-act-1972-repealed-2751997/section-34.json",
  "legislation": "ukpga/1972/52",
  "legislation_title": "Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)",
  "legislation_url": "https://openlegislation.uk/town-and-country-planning-scotland-act-1972-repealed-2751997",
  "path": "section/34",
  "kind": "section",
  "number": "34",
  "heading": "Appeal in default of planning decision.",
  "text": "Where any such application as is mentioned in section 33(1) of this Act is made to a planning authority, then unless within such period as may be prescribed by regulations under this Act or a development order, or within such extended period as may at any time be agreed upon in writing between the applicant and the. . . planning authority, the. . . planning authority . . . —\n(a) give notice to the applicant of their decision on the application; or\n(ab) give notice to the applicant that they have exercised their power under section 26A of this Act to decline to determine the application; or\n(b) give notice to him that the application has been referred to the Secretary of State in accordance with directions given under section 32 of this Act,\nthe provisions of section 33 of this Act shall apply in relation to the application as if the permission or approval to which it relates had been refused by the. . . planning authority, and as if notification of their decision had been received by the applicant at the end of the period prescribed by regulations under this Act or a development order, or at the end of the said extended period, as the case may be.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words substituted by Local Government and Planning (Scotland) Act 1982 (c.43), s. 69(2), Sch. 2 para. 12"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 34 substituted (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 61, Sch. 13, para.12 (with s. 84(5)); S.I. 1991/2092, art.3"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Word in s. 34 omitted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 47(2)(a) (with s. 84(5)); S.I. 1991/2092, art.3."
    },
    {
      "type": "F",
      "label": "F5",
      "text": "S. 34(ab) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 47(2)(b) (with 84(5)); S.I. 1991/2092, art.3."
    },
    {
      "type": "C",
      "label": "C1",
      "text": "S. 34 modified by S.I. 1988/1221, reg. 20(4)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1972/52/section/34",
    "retrieved_at": "2026-10-29T10:48:43.298883+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."
}