Section 38 Limit of duration of planning permission.

Scotland

(1)

Subject to the provisions of this section, every planning permission granted or deemed to be granted shall be granted or, as the case may be, be deemed to be granted, subject to the condition that the development to which it relates must be begun not later than the expiration of—

(a)

five years beginning with the date on which the permission is granted or, as the case may be, deemed to be granted; or

(b)

such other period (whether longer or shorter) beginning with the said date as the authority concerned with the terms of the planning permission may direct, being a period which the authority considers appropriate having regard to the provisions of the development plan and to any other material considerations.

(2)

If planning permission is granted without the condition required by subsection (1) of this section, it shall be deemed to have been granted subject to the condition that the development to which it relates must be begun not later than the expiration of five years beginning with the date of the grant.

(3)

Nothing in this section applies—

(a)

to any planning permission granted by a development order;

F1(aa)

to any planning permission granted by an enterprise zone scheme;

F2(ab)

to any planning permission granted by a simplified planning zone scheme;

(b)

to any planning permission granted for a limited period;

F3(bb)

to any planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste which is granted (or deemed to be granted) subject to a condition that the development to which it relates must be begun before the expiration of a specified period after—

(i)

the completion of other development consisting of the winning and working of minerals already being carried out by the applicant for the planning permission; or

(ii)

the cessation of depositing of mineral waste already being carried out by the applicant for the planning permission;

(c)

to any planning permission F4for any development carried out before the grant of planning permission

(d)

to any outline planning permission, as defined by section 39 of this Act.

Annotations

Textual amendments

F1: S. 38(3)(aa) inserted by Local Government, Planning and Land Act 1980 (c. 65), Sch. 32 para. 19(2)
F2: S. 38(3)(ab) inserted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 26(3), Sch. 6 Pt. IV para. 2
F3: S. 38(3)(bb) substituted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8, para. 3 (with s. 84(5)); S.I. 1992/71, art. 2
F4: Words in s. 38(3)(c) substituted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13, para.13 (with s. 84(5)); S.I. 1992/334, Sch. 2

Notes on the whole Act

Textual amendments

F1: Act repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Notes on Part III

Modifications

C1: Pt. III excluded by Local Government, Planning and Land Act 1980 (c. 65), s. 149(6)(9)
C2: Pt. III (ss. 19-51) extended (1.1.1997) by 1995 c. 25, s. 96(3) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2