TOWN AND COUNTRY PLANNING Citation, commencement and extent 1 1 This Order may be cited as the Town and Country Planning (Application of Subordinate Legislation to the Crown) (Scotland) Order 2006 and shall come into force on 12th June 2006. 2 This Order extends to Scotland only. The Town and Country Planning (Churches, Buildings for Religious Worship and Burial Grounds) (Scotland) Regulations 1948 2 The Town and Country Planning (Churches, Buildings for Religious Worship and Burial Grounds) (Scotland) Regulations 1948 apply to the Crown. The Caravan Sites (Licence Applications) (Scotland) Order 1960 3 The Caravan Sites (Licence Applications) (Scotland) Order 1960 applies to the Crown. The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Regulations 1975 4 1 The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Regulations 1975 apply to the Crown with the following modifications. 2 In regulation 11 (trees in conservation areas) after (iv) insert– v the cutting down, uprooting, topping or lopping of a tree by, or on behalf of, the Forestry Commissioners on land placed at their disposal in pursuance of the Forestry Act 1967 or otherwise under their management or supervision. . 3 In the Schedule (form of tree preservation orders), in paragraph 7, after “Part III” insert “or section 242A ”. 4 In the Second Schedule– a in paragraph (4), after sub-paragraph (c) insert– d where immediately required for the purpose of carrying out development authorised by consent granted on an application made under section 242A of the Act or deemed to have been granted for any of the purposes of that section. ; b after paragraph (4) insert– 5 The cutting down, topping, lopping, uprooting of a tree where– a the work is required to enable the implementation of an order made or confirmed by the Scottish Ministers under paragraph 7 or paragraph 13 in Schedule 1 to the Roads (Scotland) Act 1984 (procedures for making or confirming certain orders and schemes); b the work is urgently necessary for national security purposes. . The Town and Country Planning (General) (Scotland) Regulations 1976 5 Regulation 3 of and Schedule 1 to the Town and Country Planning (General) (Scotland) Regulations 1976 (notices and counter-notices relating to planning blight) apply to the Crown. The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 6 1 The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 , with the exception of regulation 7(1)(liability for contravention of the regulations), apply to the Crown with the following modifications. 2 In Schedule 4 (specified classes of advertisement displayed with deemed consent)– a in the paragraph under the heading “Class I”, after “statutory undertakers” insert, “the Crown”; b in Class I, paragraph (1), after “statutory undertaker” insert “, the Crown”. The Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) (Scotland) Regulations 1987 7 1 The Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) (Scotland) Regulations 1987 apply to the Crown with the following modifications. 2 After regulation 4 (applications to vary or discharge conditions) insert– Applications – national security 4A The validity of an application shall not be affected by failure to disclose information as to– a national security; and b the measures taken or to be taken to ensure the security of any premises or property, where the application is accompanied by a written statement from the applicant that, in the opinion of the applicant, the information relates to the matters mentioned in (a) or (b) above, and that public disclosure of that information would be contrary to the national interest. . 3 In regulation 5 (advertisement of applications) after paragraph (2) insert– 3 Where an application under section 73B(2) (urgent works relating to Crown development) of the Act is made to the Scottish Ministers, regulation 5(2) applies with the modification that for references to “planning authority” substitute “the Scottish Ministers”. . 4 In regulation 6 (certificate to accompany applications and appeals) after paragraph (4) insert– 4A The provisions of this regulation shall apply where an application for listed building consent is made to the Scottish Ministers under section 73B(2) of the Act, as they apply in relation to an application which falls to be determined by the planning authority with the following modifications– a in paragraph (1) for “A planning authority shall not entertain any application under regulation 3 or 4” substitute “The Scottish Ministers shall not entertain any application under section 73B(2) of the Act”; b in paragraph (3), for “planning authority” substitute “planning authority or the Scottish Ministers, as the case may be” in each place where the words occur. . 5 For regulation 7 (application for listed building or conservation area consent in anticipation of disposal of Crown land) substitute– Application for listed building or conservation area consent in respect of Crown land 7 The following provisions of these Regulations shall, in their application to the making and determination of applications for listed building consent and conservation area consent in respect of Crown land, have effect subject to the following modifications– a in regulation 3(2), for “a certificate under regulation 6” substitute “the certificate or other document required by regulation 6 below”; b in regulation 6– i in paragraph (1) after “accompanied either by” insert “the documents described in paragraph (1A) below or,” and ii after paragraph (1) insert– 1A An application for listed building or conservation area consent in respect of Crown land shall be accompanied by– a a statement that the application is made in respect of Crown land; and b where the application is made by a person authorised in writing by the appropriate authority, a copy of that authorisation. . 6 In Schedule 2 (certificates under regulation 6)– a in Part II– i for “Council” substitute “planning authority or the Scottish Ministers as appropriate” in each place where the word occurs; and ii in notes 2 and 5 after “planning authority” insert “or the Scottish Ministers as appropriate”. The Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) (Scotland) Regulations 1987 8 The Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) (Scotland) Regulations 1987 apply to the Crown. The Town and Country Planning (Simplified Planning Zones) (Scotland) Regulations 1987 9 The Town and Country Planning (Simplified Planning Zones) (Scotland) Regulations 1987 apply to the Crown. The Town and Country Planning (Appeals) (Written Submissions Procedure) (Scotland) Regulations 1990 10 The Town and Country Planning (Appeals) (Written Submissions Procedure) (Scotland) Regulations 1990 apply to the Crown. Town and Country Planning (General Permitted Development) (Scotland) Order 1992 11 1 The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 applies to the Crown with the following modifications. 2 In article 2(1) (interpretation)– a after the definition of “contravention of previous planning control” insert– “Crown land” has the meaning given by section 242(1) of the Act; ; b after the definition of “Notification Regulations” insert– “operational Crown building” means a building which is operational Crown land; “operational Crown land” means– Crown land which is used for operational purposes; and Crown land which is held for those purposes, but does not include– land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or held, for operational purposes; Crown land– belonging to Her Majesty in right of the Crown and forming part of the Crown Estate; or in which there is an interest belonging to Her Majesty in right of Her private estates; “operational purposes” means the purposes of carrying on the functions of the Crown or of The Scottish Parliamentary Corporate Body; ; and c for the definition of “original” substitute– “original” means– in relation to a building, other than a building which is Crown land, existing on 1st July 1948, as existing on that date and, in relation to a building, other than a building which is Crown land, built on or after 1st July 1948, as so built; in relation to a building which is Crown land on 12th June 2006, as existing on that date and, in relation to a building built on or after 12th June 2006 which is Crown land on the date of its completion, as so built; . 3 In article 3(10) (permitted development) after sub-paragraph (f) insert– g development for which permission is granted by Class 73 of Part 26. . 4 In article 4(6) (directions restricting permitted development)– a after sub-paragraph (a) insert– aa the carrying out of development specified in Parts 26, 30 or 31; ; and b In Schedule 1 (permitted development) after Part 25 (closed circuit television cameras) insert Parts 26 to 32 as set out in the Schedule to this Order. The Town and Country Planning (General Development Procedure) (Scotland) Order 1992 12 1 The Town and Country Planning (General Development Procedure) (Scotland) Order 1992 applies to the Crown with the following modifications. 2 After article 3 insert– Applications in respect of Crown land 3A – 1 An application for planning permission in respect of Crown land shall be accompanied by– a a statement that the application is made in respect of Crown land; and b where the application is made by a person authorised in writing by the appropriate authority, a copy of that authorisation. . 3 After article 13 (direction by planning authorities requiring further information) insert– Applications – national security 13A The validity of an application shall not be affected by failure to disclose information as to– a national security; and b the measures taken or to be taken to ensure the security of any premises or property, where the application is accompanied by a written statement from the applicant that, in the opinion of the applicant, the information relates to the matters mentioned in (a) or (b) above, and that public disclosure of that information would be contrary to the national interest. . 4 After article 28 (procedure on receipt of application) insert– Applications for certificate of lawful use or development - national security 28A The validity of an application shall not be affected by failure to disclose information as to– a national security; and b the measures taken or to be taken to ensure the security of any premises or property, where the application is accompanied by a written statement from the applicant that, in the opinion of the applicant, the information relates to the matters mentioned in (a) or (b) above, and that public disclosure of that information would be contrary to the national interest. . 5 After Part 3 insert– PART 3A APPLICATIONS FOR PERMISSION UNDER SECTION 242A 22A – 1 This Order applies to an application made to the Scottish Ministers under section 242A of the Act (urgent Crown development) subject to the following modifications. 2 Reference to “planning authority” in this Order shall be treated as references to “the planning authority or the Scottish Ministers, as appropriate.” 3 The Scottish Ministers shall, in determining an application under section 242A, take into account any representations made where any notice of the application has been– a given in accordance with article 9 within 21 days beginning with the date when the notice was given; b published in accordance with section 242A(3) of the Act within 21 days beginning on the date on which the notices was published. 4 In article 15 (consultation before grant of planning permission), omit paragraph (1)(n)(i). 5 Articles 12(5) and (9), 13, 14, 22 and Part 4 shall not apply. . The Town and Country Planning (Enforcement of Control) ( No. 2) (Scotland) Regulations 1992 13 The Town and Country Planning (Enforcement of Control) (No. 2) (Scotland) Regulations 1992 apply to the Crown. The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993 14 1 The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993 apply to the Crown with the following modifications. 2 In regulation 4 (exemptions), after paragraph (1) insert– 1A Hazardous substances consent is not required for the presence of a hazardous substance in, on, over or under land at military establishments, installations or storage facilities. . 3 In regulation 15 (claim for deemed consent) in paragraph (1), after “section 10A” insert “or section 30D ”; 4 In regulation 16 (conditions on deemed consent), after “section 10A(6)(b)” insert “and section 30D(8)(b)”. 5 In Schedule 2 (prescribed forms, notices and certificates) in Form 12– a in the heading, after “section 10A” add “and 30D”; b in the notes to Part 2, in paragraph (c) after “6th July 2000” insert “or, in the case of applications for deemed consent under section 30D, 12th June 2006”. The Conservation (Natural Habitats, &c.) Regulations 1994 15 Part 4 of the Conservation (Natural Habitats, &c.) Regulations 1994 (adaptation of planning and other controls) applies to the Crown as if, in regulation 54(2) (grant of planning permission), after sub-paragraph (a) there were inserted– aa granting planning permission on an application under section 242A of that Act (urgent Crown development); The Town and Country Planning (Use Classes) (Scotland) Order 1997 16 1 The Town and Country Planning (Use Classes) (Scotland) Order 1997 applies to the Crown with the following modifications. 2 In the Schedule– a after class 8 (residential institutions) insert– Class 8A. Secure residential institutions Use for the provision of secure residential accommodation, including use as a prison, young offenders institution, detention centre, secure training centre, custody centre, short-term holding centre, secure hospital, secure local authority accommodation or use as military barracks. . b in class 10 (non-residential institutions) after sub-paragraph (g) insert– h as a law court. . The Town and Country Planning (Minerals) (Scotland) Regulations 1998 17 The Town and Country Planning (Minerals) (Scotland) Regulations 1998 apply to the Crown. The Town and Country Planning (Compensation for Restrictions on Mineral Working and Mineral Waste Depositing) (Scotland) Regulations 1998 18 The Town and Country Planning (Compensation for Restrictions on Mineral Working and Mineral Waste Depositing) (Scotland) Regulations 1998 apply to the Crown. The Visiting Forces and International Headquarters (Application of Law) Order 1999 19 In the Visiting Forces and International Headquarters (Application of Law) Order 1999 article 11 paragraph (3)(b), for “section 74(6)” substitute “section 73C” . 20 The Environmental Impact Assessment (Scotland) Regulations 1999- The Environmental Impact Assessment (Scotland) Regulations 1999 apply to the Crown with the following modifications. 2 After regulation 28A, insert– Applications for permission under section 242A 28B – 1 These Regulations shall apply to an application made to the Scottish Ministers under section 242A of the Act (urgent Crown development) subject to the following modifications. 2 References to “planning authority” in the Regulations shall be treated as references to “the planning authority or the Scottish Ministers, as appropriate”. 3 References to “authority” in the Regulations shall be treated as references to “the authority or the Scottish Ministers, as appropriate”. 4 References to “relevant planning authority” shall be treated as references to “the Scottish Ministers”. 5 Regulation 5(6) and (7), regulation 7(4)(b), regulation 10(7) and (8) and regulation 14(1)(a) shall not apply. 6 In regulation 4 for paragraph (9) substitute– 9 The Scottish Ministers shall send a copy of any screening direction to the planning authority for the area to which the application relates. . 7 In regulation 14 (consultation where environmental statement received by planning authority)– a in paragraph (1) (b) for “the Scottish Ministers” substitute “the planning authority for the area to which the application relates”; b after paragraph (1) insert– 1A Where a planning authority receive a copy of the application and other documents referred to in paragraph (b), they shall place a copy of the relevant statement together with a copy of the related application for public inspection at all reasonable hours in the place where the register is kept. . 8 For regulation 20 (availability of opinions, directions, etc. for inspection) substitute– Availability of opinions, directions, etc. for inspection 20 – 1 Where the Scottish Ministers– a adopt a screening opinion or scoping opinion in relation to an application which may be made under section 242A; b receive a request under regulation 10(1); or c make a screening direction, scoping direction or direction under regulation 4(4); before the application is made for the development in question, the Scottish Ministers shall send a copy of the opinion, request, direction, environmental statement including any further information and any accompanying statement of reasons to the planning authority for the area to which the application relates. 2 Where the planning authority receive copies of an opinion, request direction and any accompanying statement of reasons under paragraph (1) they shall take steps to secure that the documents are made available for public inspection at all reasonable hours in at the place where the appropriate register (or relevant section of that register is kept). 3 Documents made available under paragraph (2) shall remain so available for a period of two years. . 9 In regulation 21 (duties to inform the public and the Scottish Ministers of final decisions)– a for paragraph (1) substitute– 1 Where an EIA application is determined by the Scottish Ministers they shall– a notify the planning authority for the area to which the application relates and the consultation bodies of the decision; b provide the authority with a statement containing– i the content of the decision and any conditions attached thereto; ii the main reasons and considerations on which the decision is based; and iii a description, where necessary, of the main measures to avoid, reduce and if possible, offset the major adverse effects of the development. ; b for paragraph (2) substitute– 2 The planning authority shall, as soon as reasonably practicable after receipt of a notification under paragraph (1)(a)– a make available for public inspection at the place where the appropriate register is kept (or relevant section of that register) is kept a copy of the statement referred to in paragraph (1)(b); and b inform the public of the decision (and of where the statement referred to in paragraph (1)(b) may be inspected), by publishing in a newspaper circulating in the locality in which the land is situated or by other such means as are reasonable in the circumstances. ; and c paragraph (3) is omitted. . The Town and Country Planning (Fees for Applications and Deemed Applications)(Scotland) Regulations 2004 21 The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004 apply to the Crown. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh 17th May 2006