Starting a short-term lets business in Scotland
- 3 steps
UK Act of Parliament
1997
Scotland
Town and Country Planning (Scotland) Act 1997
At a glance
Enforced by
Local Authority, Scottish Government, NatureScot, UK Government, HES
What's here
100 compliance obligations, 7 practical guides across 3 topics · 5 journeys · 1 statutory instrument
Penalty landscape
11 of 100 obligations carry an unlimited fine. 14 carry different penalties and 75 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 42
- Landlord 2
- Occupier 2
- Trader 1
- Statutory Undertaker 1
- Applicant 1
- Director or Officer 1
Plus 50 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Business essentials for Scotland
- 2 steps
Scotland Airbnb compliance checklist
- 1 step
Development affecting protected species in Scotland
- 1 step
Construction near a heritage site in Scotland
- 2 steps
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Direct — cites this Act
3 guidesSupporting — topic alignment
3 guidesMentioned in related content
1 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
Landlords also bound by 216 other Acts (top 5 shown)
- Renting Homes (Wales) Act 2016 2016 74 duties
- Housing Act 1985 1985 53 duties
- Housing Act 1996 1996 30 duties
- The Service Charges (Consultation Requirements) (England) Regulations 2003 2003 27 duties
- The Service Charges (Consultation Requirements) (Wales) Regulations 2004 2004 26 duties
Occupiers also bound by 259 other Acts (top 5 shown)
- The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 2021 39 duties
- Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 2006 2006 34 duties
- The Welfare of Animals (Slaughter or Killing) Regulations 1995 1995 34 duties
- Highways Act 1980 1980 23 duties
- Nitrate Pollution Prevention Regulations 2015 2015 18 duties
Traders also bound by 826 other Acts (top 5 shown)
- Value Added Tax Regulations 1995 1995 413 duties
- Companies Act 2006 2006 243 duties
- The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 2008 114 duties
- Insolvency (England and Wales) Rules 2016 2016 62 duties
- Building Societies Act 1986 1986 56 duties
Statutory Undertakers also bound by 169 other Acts (top 5 shown)
- The Cory Decarbonisation Project Order 2025 2025 116 duties
- The Keadby 3 (Carbon Capture Equipped Gas Fired Generating Station) Order 2022 2022 112 duties
- Water Industry Act 1991 1991 52 duties
- Water and Sewerage Services (Northern Ireland) Order 2006 2006 44 duties
- The A47 North Tuddenham to Easton Development Consent Order 2022 2022 28 duties
Applicants also bound by 294 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 46 duties
- Human Medicines Regulations 2012 2012 30 duties
- The Land Registration Rules 2003 2003 25 duties
- Value Added Tax Regulations 1995 1995 18 duties
- Space Industry Regulations 2021 2021 14 duties
Directors and Officers also bound by 425 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 161 duties
- Companies Act 2006 2006 108 duties
- Insolvency Act 1986 1986 72 duties
- The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 2008 55 duties
- The Housing Administration (England and Wales) Rules 2018 2018 26 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1A — National Planning Framework
National Planning Framework
Other duties (1) — Crown / regulator
- Scottish Ministers must produce a National Planning Framework Crown / Minister / Government department
Duty to review the National Planning Framework
Other duties (1) — Crown / regulator
- Scottish Ministers must review the National Planning Framework Crown / Minister / Government department
Key agencies to co-operate
Other duties (1) — Crown / regulator
- Key agencies must co-operate with Scottish Ministers on the planning framework Statutory regulator
Browse 7 other sections in this Part — procedural / definitional / commencement
Revising the framework: participation statement and considerations
Information to assist preparation of National Planning Framework
Proposals for National Planning Framework: Parliamentary consideration
National Planning Framework to be laid before Parliament
National Planning Framework: procedure
Amendment of National Planning Framework
Sustainable development: exercise of functions by Scottish Ministers
Part I — Administration
Planning authorities: chief planning officer
Other duties (1) — Crown / regulator
- Planning authorities must appoint a qualified Chief Planning Officer Local authority
Browse 3 other sections in this Part — procedural / definitional / commencement
Part II — Development Plans
Regional spatial strategies
Other duties (1) — Crown / regulator
- Local authorities must prepare and consult on regional spatial strategies Local authority
Duties to have regard to regional spatial strategies
Other duties (1) — Crown / regulator
- Local authorities must consider regional spatial strategies in development plans Local authority
Review of local place plans
Other duties (1) — Crown / regulator
- Scottish Ministers must review and report on local place plans Crown / Minister / Government department
Preparation and monitoring of local development plans: general
Other duties (1) — Crown / regulator
- Local authorities must prepare and monitor local development plans Local authority
Participation of children and young people in local development plan
Other duties (1) — Crown / regulator
- Local authorities must involve young people in development planning Local authority
Play sufficiency assessment
Other duties (1) — Crown / regulator
- Local authorities must assess play opportunities for children Local authority
Publication of list of persons seeking land for self-build housing
Other duties (1) — Crown / regulator
- Planning authorities must maintain and publish a self-build housing list Local authority
Examination under section 19(3): further provision
Other duties (1) — Crown / regulator
- Local Authority must prepare a new development plan if housing land is insufficient Local authority
Publication of and publicity for local development plan
Other duties (1) — Crown / regulator
- Local Authority must publish and advertise newly created development plans Local authority
Browse 38 other sections in this Part — procedural / definitional / commencement
Sustainable development
Greenhouse gas emissions policies
Open space strategy
Strategic development planning authorities
Regional spatial strategies: first strategy, review and revision
Directions to prepare or review regional spatial strategies
Guidance for regional spatial strategies
Strategic development plan area
Re-determination of boundary of strategic development plan area
Form and content of strategic development plan
Preparation of strategic development plan etc. : general
Main issues report for preparation of strategic development plan
Preparation and publication of proposed strategic development plan
Alternative proposals
Examination of proposed strategic development plan
Further provision as regards examination under section 12(2)
Proposed strategic development plan: approval or rejection
Publication of and publicity for strategic development plan
Form and content of local development plans
Preparation of local development plan: invitation to prepare local place plans
Evidence report for preparation of local development plan
Effective community engagement: guidance
Main issues report for preparation of local development plan
Preparation and publication of proposed local development plan
Examination of proposed local development plan
Further provision as regards examination under section 19(4)
Constitution of local development plan
Amendment of local development plan
Development plan schemes
Delivery programmes
Supplementary guidance
Disregarding of representations with respect to development authorised by or under other enactments
Regulations under this Part
Default powers of the Scottish Ministers
Reviews of plans in enterprise zones
Meaning of “key agency”
Meaning of “development plan”
Status of development plan
Part III — Control over Development
Notification of initiation of development
- Notify the planning authority before starting development Any Person
Notification of completion of development
- Notify the planning authority when a development or phase is complete Any Person
Display of notice while development is carried out
- Display a site notice during development Any Person
Notice etc. of applications to owners and agricultural tenants.
Unlimited fine- Submit false planning application certificate Any Person
Pre-application consultation: compliance
- Submit a proposal of application notice for major developments Applicant
Pre-application consultation report
- Prepare and submit a pre-application consultation report Any Person
Registers of applications etc.
Other duties (1) — Crown / regulator
- Local planning authorities must maintain public registers of applications Local authority
Lists of applications
Other duties (1) — Crown / regulator
- Local planning authorities must maintain and publish lists of applications Local authority
Declining to determine an application: further provision
Other duties (1) — Crown / regulator
- Scottish Ministers must provide guidance on repeat planning applications Crown / Minister / Government department
Conditional grant of planning permission: noise-sensitive developments
Other duties (1) — Crown / regulator
- Local Authority must protect existing venues from noise mitigation costs Local authority
Call-in of applications by Scottish Ministers: further provision
Other duties (1) — Crown / regulator
- Scottish Ministers must publish criteria for calling in planning applications Crown / Minister / Government department
Termination of planning permission by reference to time limit: completion notices.
Other duties (1) — Crown / regulator
- Planning authority may issue a completion notice for unfinished developments Local authority
Orders requiring discontinuance of use or alteration or removal of buildings or works.
Other duties (1) — Crown / regulator
- Planning authority may order the removal of buildings or stop land use Local authority
Confirmation by Secretary of State of section 71 orders.
Other duties (1) — Crown / regulator
- Secretary of State must confirm orders to stop land use or remove buildings Crown / Minister / Government department
Planning obligations
Fine up to £1,000- Obstruct council during planning enforcement works Any Person
- Wilfully obstruct planning authority carrying out works Any Person
Browse 72 other sections in this Part — procedural / definitional / commencement
Meaning of “development”.
Hierarchy of developments
Marine fish farms: circumstances referred to in section 26(1)
Power by order to provide marine fish farming is not “development”
Material change of use: short-term lets
Time when development begun.
Development requiring planning permission.
Granting of planning permission: general.
Development orders: general.
Permission granted by development order.
Planning permission in respect of operation of marine fish farm
Applications for planning permission
Variation of application other than one referred to the Scottish Ministers
Variation of application referred to the Scottish Ministers
Planning permission for development already carried out.
Notice requiring application for planning permission for development already carried out
Notice by planning authority of certain applications made to them
Pre-application consultation: preliminary
Determination of applications: general considerations.
Consultations in connection with determination of applications.
Pre-determination hearings
Declining to determine an application
Assessment of environmental effects.
Conditional grant of planning permission.
Conditional grant of planning permission: provision of toilet facilities within certain large developments
Determination of applications to develop land without compliance with conditions previously attached.
Directions etc. as to method of dealing with applications.
Local developments: schemes of delegation
Matters which may be raised in a review under section 43A(8)
Effect of planning permission.
Duty to draw attention to certain provisions for benefit of disabled.
Call-in of applications by Secretary of State.
Right to appeal against planning decisions and failure to take such decisions.
Matters which may be raised in an appeal under section 47(1)
Determination of appeals.
Simplified planning zones.
Alteration of simplified planning zone schemes.
Simplified planning zone schemes: conditions and limitations on planning permission.
Duration of simplified planning zone scheme.
Alteration of simplified planning zone scheme.
Exclusion of certain descriptions of land or development.
Making and alteration of schemes
Scheme grants planning permission, etc.
Content of schemes: self-build housing
Effect of altering scheme
Further provision about effect of scheme
Interpretation of provisions about schemes
Planning permission for development in enterprise zones.
Effect on planning permission of modification or termination of scheme.
Development with government authorisation.
Duration of planning permission
Planning permission in principle
Provisions supplementary to sections 58 and 59.
Effect of completion notice.
Objection to completion notice
Power of Secretary of State to serve completion notice.
Power to vary planning permission.
Power to revoke or modify planning permission.
Procedure for section 65 orders: opposed cases.
Procedure for section 65 orders: unopposed cases.
Revocation and modification of planning permission by the Secretary of State.
Power to refer certain planning questions to Planning Inquiry Commission.
Power to refer certain planning questions to Joint Planning Inquiry Commission.
Power of the Secretary of State to make section 71 orders.
Review of mineral planning permissions.
Modification and discharge of planning obligations
Appeals
Planning obligations: continuing liability of former owner etc.
Good neighbour agreements
Good neighbour agreements: modification and discharge of obligations
Good neighbour agreements: appeals
Good neighbour agreements: continuing liability of former owner etc.
Part IV — Compensation for Effects of Certain Orders, Notices
Apportionment of compensation for depreciation.
Other duties (1) — Crown / regulator
- Local Authority must divide and notify you of compensation apportionments Local authority
Power to make provision for determination of claims.
Other duties (1) — Crown / regulator
- Secretary of State must establish rules for planning compensation claims Crown / Minister / Government department
Browse 10 other sections in this Part — procedural / definitional / commencement
Compensation where planning permission revoked or modified.
Compensation for refusal or conditional grant of planning permission formerly granted by development order.
Registration of compensation for depreciation.
Recovery of compensation on subsequent development.
Amount recoverable, and provisions for payment or remission.
Provisions for payment or remission of amount recoverable under section 80.
Compensation in respect of orders under section 71 etc.
Special basis for compensation in respect of certain orders affecting mineral working.
Lands Tribunal to determine claims if not otherwise provided.
General provisions as to compensation for depreciation under this Part.
Part V — Rights of Owners etc. to Require Purchase of Interests
Purchase notices: Crown land
- Offer private interests in Crown land to the Crown before serving a purchase notice Any Person
Action by planning authority on whom purchase notice is served.
Other duties (1) — Crown / regulator
- Planning authority must respond to purchase notices within 3 months Local authority
Action by Secretary of State in relation to purchase notice.
Other duties (1) — Crown / regulator
- Secretary of State must decide how to handle a valid purchase notice Crown / Minister / Government department
Scope of Chapter II.
Amended 1 timeNotice requiring purchase of blighted land.
Amended 2 timesCounter-notice objecting to blight notice.
Amended 1 timeFurther counter-notice where certain proposals have come into force.
Amended 1 time“Appropriate enactment” for purposes of Chapter II.
Amended 1 timeGeneral interpretation of Chapter II.
Amended 2 timesBrowse 28 other sections in this Part — procedural / definitional / commencement
Circumstances in which purchase notices may be served.
Circumstances in which land incapable of reasonably beneficial use.
Procedure on reference of purchase notice to Secretary of State.
Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission.
Effect of Secretary of State’s action in relation to purchase notice.
Special provisions as to compensation where purchase notice served.
Counter-notice requiring purchase of remainder of agricultural unit.
Effect of counter-notice under section 96.
Provisions supplemental to sections 96 and 97.
Interpretation of Chapter I.
Reference of objection to Lands Tribunal: general.
Effect of valid blight notice.
Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire.
Withdrawal of blight notice.
Special provisions as to compensation for acquisition in pursuance of blight notice.
Inclusion in blight notice of requirement to purchase part of agricultural unit unaffected by blight.
Objection to section 109 notice.
Effect of section 109 notice.
Powers of successors in respect of blight notice.
Power of heritable creditor to serve blight notice.
Prohibition on service of simultaneous notices under sections 101, 112 and 113.
Special provisions as to partnerships.
Power of Secretary of State to acquire land affected by orders relating to new towns etc. where blight notice served.
Power of Secretary of State to acquire land identified in national policy statements where blight notice served
Saving for claimant’s right to sell whole hereditament, etc.
No withdrawal of constructive notice to treat.
Meaning of “owner-occupier” and “resident owner-occupier”.
“Appropriate authority” for purposes of Chapter II.
Part VI — Enforcement
Expressions used in connection with enforcement.
Amended 3 timesPower to require information about activities on land.
Amended 2 timesPenalties for non-compliance with planning contravention notice.
Unlimited fine Amended 2 times- Fail to comply with planning contravention notice Any Person
- Fail to comply with planning contravention notice (or give false statement) Any Person
Contents and effect of notice.
Other duties (1) — Crown / regulator
- Local Authority must issue detailed and clear enforcement notices Local authority
Appeal against enforcement notice.
Amended 7 timesAppeals: supplementary provisions.
Amended 4 timesGrant or modification of planning permission on appeal against enforcement notice.
Amended 3 timesValidity of enforcement notices.
Amended 1 timeExecution and cost of works required by enforcement notice.
Fine up to £1,000 Amended 6 times- Wilfully obstruct enforcement action under planning notice Any Person
- Wilfully obstruct planning authority’s enforcement work Any Person
Offence where enforcement notice not complied with.
Unlimited fine Amended 2 times- Fail to comply with planning enforcement notice Any Person
Fixed penalty notice where enforcement notice not complied with
Amended 2 timesEffect of planning permission etc. on enforcement or breach of condition notice.
Amended 1 timeEnforcement notice to have effect against subsequent development.
Fine up to £5,000 Amended 3 times- Rebuild removed structures without planning permission Any Person
- Unauthorised reinstatement of works after an enforcement notice Any Person
Stop notices.
Amended 1 timeStop notices: supplementary provisions.
Amended 1 timeCompensation for loss due to stop notice.
Amended 4 timesPenalties for contravention of stop notice.
Unlimited fine Amended 2 times- Contravene a stop notice Any Person
- Fail to comply with a stop notice Any Person
Temporary stop notices
Amended 2 timesTemporary stop notices: restrictions
Amended 2 timesOther duties (1) — Crown / regulator
- Local Authority must follow restrictions when issuing temporary stop notices Local authority
Temporary stop notices: offences
Unlimited fine Amended 2 times- Fail to comply with a temporary stop notice Any Person
- Ignore a temporary stop notice on development Any Person
Temporary stop notices: compensation
Amended 2 timesEnforcement of conditions.
Unlimited fine Amended 3 times- Fail to comply with a breach of condition notice Any Person
Fixed penalty notice where breach of condition notice not complied with
Amended 3 timesInterdicts restraining breaches of planning control.
Amended 1 timeEnforcement etc. : register of notices
Amended 4 timesOther duties (1) — Crown / regulator
- Local planning authorities must maintain a public register of notices Local authority
Penalties for contravention of orders under section 71 and Schedule 8.
Unlimited fine- Breach planning control orders (section 71 / Schedule 8) Any Person
- Use land in breach of planning enforcement order Any Person
Certificate of lawfulness of existing use or development.
Amended 1 timeOffences.
2 years imprisonment- Submit false or misleading information for planning certificate Any Person
Appeals against refusal or failure to give decision on application.
Amended 4 timesFurther provisions as to appeals to the Secretary of State.
Amended 2 timesOther duties (1) — Crown / regulator
- Secretary of State must notify planning authorities of appeal decisions Crown / Minister / Government department
Right to enter without warrant.
Amended 1 timeRights of entry: supplementary provisions.
2 years imprisonment- Obstruct a planning inspector’s entry Any Person
Browse 11 other sections in this Part — procedural / definitional / commencement
Time limits.
Issue of enforcement notice.
Variation and withdrawal of enforcement notice.
General provisions relating to determination of appeals.
Power of Secretary of State to serve enforcement notice.
Power of the Secretary of State to serve stop notice.
Enforcement of orders under section 71 and Schedule 8.
Certificate of lawfulness of proposed use or development.
Certificates under sections 150 and 151: supplementary provisions.
Right to enter under warrant.
Enforcement charters
Part VII — Special Controls
Planning permission to include appropriate provision for preservation and planting of trees.
Amended 5 timesOther duties (1) — Crown / regulator
- Local authorities must ensure tree preservation and planting in planning grants Local authority
Power to make tree preservation orders.
Amended 7 timesForm of and procedure applicable to orders.
Amended 3 timesImminent danger to trees: entry to affix copy of tree preservation order
Amended 3 timesTree preservation: Forestry Commissioners
Amended 4 timesProvisional tree preservation orders.
Amended 2 timesPower for Secretary of State to make tree preservation orders.
Amended 1 timeCompensation in respect of requirement as to replanting of trees.
Amended 3 timesReplacement of trees.
- Replace protected trees that are removed, destroyed, or die Landlord
Enforcement of duties as to replacement of trees.
Amended 1 timeAppeal against section 168 notice.
Amended 2 timesExecution and cost of works required by section 168 notice.
Fine up to £1,000- Obstruct planning authority’s tree‑planting Any Person
Penalties for non-compliance with tree preservation order.
Unlimited fine- Breach of tree preservation order Any Person
- Cut down or damage a protected tree without permission Any Person
Preservation of trees in conservation areas.
Amended 10 times- Damage or remove trees in a conservation area without consent Any Person
- Unauthorised work on protected trees in conservation areas Any Person
Enforcement of controls as respects trees in conservation areas.
- Replace trees removed or destroyed in conservation areas Landlord
Register of section 172 notices.
Other duties (1) — Crown / regulator
- Planning authority must maintain a public register of tree notices Local authority
Rights of entry: supplementary provisions.
Fine up to £1,000- Obstruct a planning inspector’s right of entry Any Person
Appeal against notice under section 179.
Amended 1 timeRegister of notices under section 179.
Other duties (1) — Crown / regulator
- Local authorities must maintain a public register of land maintenance notices Local authority
Regulations controlling display of advertisements.
Amended 3 timesOther duties (1) — Crown / regulator
- Secretary of State must create regulations for advertisement displays Crown / Minister / Government department
Power to make different advertisement regulations for different areas.
Amended 2 timesOther duties (1) — Crown / regulator
- Secretary of State must follow specific procedures when restricting advertising Crown / Minister / Government department
Planning permission not needed for advertisements complying with regulations.
Amended 1 timeEnforcement of control as to advertisements.
Unlimited fine Amended 5 times- Display advertisement contrary to planning regulations Any Person
- Display advertisement in breach of regulations Any Person
Forestry and woodland strategy
Other duties (1) — Crown / regulator
- Planning authorities must prepare and publish a forestry and woodland strategy Local authority
Browse 7 other sections in this Part — procedural / definitional / commencement
Compensation in respect of tree preservation orders.
Power to disapply section 172.
Rights to enter without warrant.
Right to enter under warrant.
Notice requiring proper maintenance of land.
Repayment of expense of removing prohibited advertisements.
Power to remove or obliterate placards and posters.
Part VIII — Acquisition and Appropriation of Land for Planning Purposes etc.
Acquisition of land by agreement.
Amended 2 timesCompulsory acquisition of land in connection with development and for other planning purposes.
Amended 3 timesCompulsory acquisition of land by Secretary of State for the Environment.
Amended 2 timesDisposal of land held for planning purposes.
Amended 2 timesDevelopment of land held for planning purposes.
Amended 1 timeExtinguishment of rights over land compulsorily acquired.
Amended 6 timesGeneral vesting declarations.
Amended 13 timesPower to override servitudes and other rights.
Amended 6 timesProvisions as to churches and burial grounds.
Amended 1 timeUse and development of land for open spaces.
Amended 1 timeDisplacement of persons from land acquired or appropriated.
Other duties (1) — Crown / regulator
- Local Authority must provide alternative housing for displaced residents Local authority
Browse 3 other sections in this Part — procedural / definitional / commencement
Part IX — Roads, Footpaths and Rights of Way
Roads affected by development: orders by Secretary of State.
Amended 1 timeOrder extinguishing right to use vehicles on road.
Amended 1 timeProvision of amenity for road reserved to pedestrians.
Amended 7 timesExtinguishment of public rights of way over land held for planning purposes.
Amended 1 timeRoads affected by development: orders by planning authorities.
Amended 1 timeFootpaths and bridleways affected by development: orders by planning authorities.
Amended 2 timesConcurrent proceedings in connection with roads.
Amended 1 timeElectronic communications apparatus.
Amended 9 timesBrowse 4 other sections in this Part — procedural / definitional / commencement
Part X — Statutory Undertakers
Meaning of “statutory undertakers”.
Amended 9 timesMeaning of “operational land”.
Amended 9 timesCases in which land is to be treated as not being operational land.
Amended 8 times. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Amended 6 timesApplications for planning permission by statutory undertakers.
Amended 4 timesDevelopment requiring authorisation of government department.
Amended 1 time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Amended 1 time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Amended 1 time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Amended 1 timeExtinguishment of rights of statutory undertakers: preliminary notices.
Amended 1 timeExtinguishment of rights of telecommunications code system operators: preliminary notices.
Amended 1 timeNotice for same purposes as sections 224 and 225 but given by undertakers to developing authority.
Amended 1 timeOrders under sections 224 and 225.
Amended 2 timesExtension or modification of functions of statutory undertakers.
Amended 1 timeProcedure in relation to orders under section 228.
Amended 1 timeOther duties (1) — Crown / regulator
- Planning authority must publish notice of representation on undertaker functions Local authority
Relief of statutory undertakers from obligations rendered impracticable.
Amended 1 time- Publicise representations for relief from statutory obligations Statutory Undertaker
Objections to orders under sections 228 and 230.
Amended 3 timesRight to compensation in respect of certain decisions and orders.
Amended 11 timesMeasure of compensation to statutory undertakers etc.
Amended 8 timesProcedure for assessing compensation.
Amended 1 timeBrowse 3 other sections in this Part — procedural / definitional / commencement
Part XI — Validity
Validity of development plans and certain orders, decisions and directions.
Amended 19 timesProceedings for questioning validity of development plans and certain schemes and orders.
Amended 17 timesProceedings for questioning the validity of other orders, decisions and directions.
Amended 8 times. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Amended 1 timeBrowse 1 other section in this Part — procedural / definitional / commencement
Part XII — Crown Land
Preliminary definitions.
Amended 10 timesUrgent Crown development: application
Amended 10 timesControl of development on Crown land: special enforcement notices.
Amended 1 timeSupplementary provisions as to special enforcement notices.
Amended 1 timeExercise of powers in relation to Crown land.
Amended 1 timeEnforcement in relation to the Crown
Amended 1 timeOther duties (1) — Crown / regulator
- Local authorities must obtain consent before enforcing on Crown land Local authority
References to an interest in land
Amended 1 timeAgreements relating to Crown land.
Amended 1 timeSupplementary provisions as to Crown interest.
Amended 2 timesApplications for planning permission by Crown
Amended 2 timesApplication for planning permission etc. in anticipation of disposal of Crown land.
Amended 1 timeTree preservation orders in anticipation of disposal of Crown land.
Amended 2 timesRequirement of planning permission for continuance of use instituted by the Crown.
Amended 1 timeBrowse 3 other sections in this Part — procedural / definitional / commencement
Application to the Crown
Enforcement in respect of war-time breaches of planning control by the Crown.
National planning improvement co-ordinator
Part XIII — Financial Provisions
Fees for planning applications etc.
Amended 23 timesGrants for research and education.
Amended 1 timeGrants for advice and assistance
Amended 1 timeContributions by Ministers towards compensation paid by planning authorities.
Amended 1 timeContributions by local authorities and statutory undertakers.
Amended 2 timesExpenses of, and borrowing by, local authorities.
Amended 4 timesBrowse 5 other sections in this Part — procedural / definitional / commencement
Assistance for acquisition of property where objection made to blight notice in certain cases.
Recovery from acquiring authorities of sums paid by way of compensation.
Sums recoverable from acquiring authorities reckonable for purposes of grant.
Financial provision.
General provision as to receipts of Secretary of State.
Part XIV — Miscellaneous and General Provisions
Power to modify Act in relation to minerals.
Amended 1 timeApplication of certain provisions to planning authorities.
Amended 3 timesNational Scenic Areas
Amended 3 timesNational Scenic Areas: report on consultation
Amended 3 timesOther duties (1) — Crown / regulator
- Scottish Ministers must report on National Scenic Area consultations Crown / Minister / Government department
Natural Heritage Areas.
Amended 1 timeNational Parks
Amended 1 timeOther duties (1) — Crown / regulator
- Authorities must follow the National Park Plan for planning decisions Local authority
Local inquiries.
3 months imprisonment Amended 1 time- Fail to attend or produce documents for a local planning inquiry Any Person
- Fail to attend planning inquiry or produce documents Any Person
Planning inquiries to be held in public subject to certain exceptions
Amended 1 timeOrders as to expenses of parties where no local inquiry held.
Amended 4 timesAppeals and applications under this Act: procedure etc.
Amended 6 timesRights of entry.
Amended 6 timesSupplementary provisions as to rights of entry.
Fine up to £1,000 Amended 3 times- Obstruct a person exercising entry powers Any Person
Rights of entry: Crown land
Amended 3 timesEqual opportunities
Amended 3 timesOther duties (1) — Crown / regulator
- Ministers and planning authorities must promote equal opportunities Crown / Minister / Government department
Service of notices.
Amended 8 timesService of notices on the Crown
Amended 8 timesPower to require information as to interests in land.
Unlimited fine Amended 7 times- Fail to provide or misstate required land‑interest information Occupier
- Fail to reply to council request for land interest info Occupier
Information as to interests in Crown land
Amended 7 timesOffences by corporations.
2 years imprisonment Amended 3 times- Personal liability for company directors and officers Director or Officer
Regulations and orders.
Amended 20 timesFurther provision as regards regulations: inquiries etc.
Amended 20 timesDirections
Amended 20 timesAct not excluded by special enactments.
Amended 4 timesInterpretation.
Amended 29 timesBrowse 4 other sections in this Part — procedural / definitional / commencement
Inquiries under Private Legislation Procedure (Scotland) Act 1936.
Promotion and use of mediation etc.
Combined applications.
Citation, commencement and extent.
Schedules
Periodic review of mineral planning permissions
Other duties (1) — Crown / regulator
- Planning authority must notify mineral site owners of periodic reviews Local authority
General vesting declarations
2 years imprisonment- Make false statements to obtain compensation Any Person
- Provide false information in compensation claim for compulsory purchase Any Person
(1) For the purposes of this Chapter, a call-in direction...
Other duties (1) — Crown / regulator
- Planning authority must halt scheme and hearings when Scottish Ministers issue a call-in direction Local authority
(1) The Scottish Ministers may give a planning authority a...
Other duties (1) — Crown / regulator
- Planning authorities must comply with Scottish Ministers' directions on procedures and information Local authority
(1) Subject to sub-paragraph (2), nothing in a suspension order...
- Notify planning authority before recommencing mineral development at suspended site Any Person
(1) If it appears to the Secretary of State that...
Other duties (1) — Crown / regulator
- Secretary of State must consult planning authority before making certain planning orders Crown / Minister / Government department
(1) Subject to paragraph 15, section 36 and any provision...
Other duties (1) — Crown / regulator
- Planning authority must supply information to the register-keeping authority Local authority
(1) An order under paragraph 3 shall not take effect...
Other duties (1) — Crown / regulator
- Planning authority must follow confirmation process for suspension orders Local authority
(1) It shall be the duty of a planning authority—...
Other duties (1) — Crown / regulator
- Planning authorities must review suspension orders every 5 years Local authority
Condition treated as applicable to rebuilding and alterations
- Comply with floor space limits when rebuilding or altering buildings Trader
(1) If any person for the purpose of obtaining for...
Unlimited fine- False statement or withholding information for compensation Any Person
Enforcement as respects war-time breaches by the crown of planning control
Fine up to £200- Obstruct planning enforcement officer Any Person
(1) At any time before the relevant date any officer...
3 months imprisonment- Obstruct planning enforcement officer or disclose trade secrets Any Person
Local place plans
Other duties (1) — Crown / regulator
- Local authorities must register and map valid Local Place Plans Local authority
(1) A community body must comply with any prescribed requirements...
- Comply with prescribed requirements before submitting a local place plan Any Person
(1) Every planning authority must keep a register of local...
Other duties (1) — Crown / regulator
- Planning authorities must keep a register of local place plans and notify community bodies Local authority
Browse 244 other Schedules — structural / supplementary
Exemptions from planning permission for certain land uses in 1948
Conditions relating to mineral working
Simplified planning zones
Development not constituting new development
Regulations as to compensation in respect of orders relating to mineral working
Procedure for making and confirming orders relating to roads and rights of way
Old development plans
In this schedule “ old development plan ” means—
In this schedule— “ local plan ” is to be...
Any old development plan which immediately before the coming into...
Subject to the following provisions of this Schedule, where by...
Where there is no local plan in force in an...
On the publication of the revised National Planning Framework under...
On the constitution of a local development plan for an...
The Scottish Ministers may by regulations provide that any of...
The Secretary of State may by order wholly or partly...
Before making an order with respect to a development plan...
Where on 1st July 1948 land was being temporarily used...
Where on 1st July 1948 land was normally used for...
Where land was unoccupied on 1st July 1948, but had...
Notwithstanding anything in paragraphs 1 to 3, the use of...
(1) Every planning permission for development— (a) consisting of the...
(1) Where— (a) planning permission for development consisting of the...
(1) In a case where— (a) the use specified in...
(1) Before imposing an aftercare condition specifying a use for...
If, on the application of any person with an interest...
A person who has complied with an aftercare condition but...
An order under section 65 may, in relation to planning...
Paragraphs 2(3) to (9) and 3 to 6 shall apply...
Determination of certain appeals by person appointed by Secretary of State
(1) The Secretary of State may by regulations prescribe classes...
(1) An appointed person shall have the same powers and...
(1) The Secretary of State may, if he thinks fit,...
(1) The Secretary of State may by a further direction...
(1) At any time before the appointed person has determined...
(1) Whether or not the parties to an appeal have...
If, before or during the determination of an appeal under...
(1) The Tribunals and Inquiries Act 1992 shall apply to...
(1) A simplified planning zone scheme shall consist of a...
(1) The Secretary of State may after considering proposals submitted...
(1) Where— (a) a planning authority are directed under paragraph...
(1) Without prejudice to the preceding provisions of this Schedule,...
An authority who decide under section 50(2) to make or...
(1) If a person requests a planning authority to make...
(1) A simplified planning zone direction is—
(1) A planning authority proposing to make or alter a...
Where a planning authority have prepared a proposed simplified planning...
(1) Where objections to the proposed scheme or alterations are...
(1) After the expiry of the period for making objections...
(1) After copies of proposals have been sent to the...
Masterplan consent areas
(1) A scheme is to consist of—
(1) Where a planning authority have received validly submitted representations...
(1) The Scottish Ministers may by regulations prescribe circumstances in...
(1) The Scottish Ministers may direct a planning authority to...
(1) Sub-paragraph (2) applies where, having completed the consultation process...
(1) Where a call-in direction has been given in relation...
(1) The Scottish Ministers may (in accordance with paragraph 17)...
(1) Unless stated otherwise, the enactments mentioned in sub-paragraph (2)...
(1) Having incurred costs in complying with an enactment mentioned...
(1) The Scottish Ministers may by regulations provide that no...
(1) A scheme may specify different conditions, limitations or exceptions...
If a scheme has conferred authorisation in relation to development...
(1) The Scottish Ministers may make regulations about—
Section 54F applies to the interpretation of this schedule as...
(1) Where a period is described in this schedule (in...
(1) A scheme may not include any place which sub-paragraph...
At any time, a planning authority may (in accordance with...
(1) Each planning authority must, at least once in each...
(1) The Scottish Ministers may at any time direct a...
(1) Before making or altering a scheme, a planning authority...
(1) Before publicising, in accordance with paragraph 9, proposals for...
(1) Before making or altering a scheme, a planning authority...
Planning Inquiry Commissions
(1) A Planning Inquiry Commission (“a commission”) shall consist of...
(1) Two or more of the matters mentioned in section...
(1) A reference to a commission of a proposal that...
(1) A commission inquiring into a matter referred to them...
(1) A commission shall, for the purpose of complying with...
(1) In section 69 and this Schedule “the responsible Minister...
Joint Planning Inquiry Commissions
(1) A Joint Planning Inquiry Commission (a “joint commission”) shall...
(1) Two or more of the matters mentioned in section...
(1) A reference to a joint commission of a proposal...
A joint commission inquiring into a referred matter shall—
A joint commission shall give an opportunity of appearing and...
A joint commission may, with the approval of the Ministers...
The provisions of sections 46(5) and 48(2) of this Act...
(1) A joint commission shall, for the purpose of complying...
In this Schedule— “the 1990 Act” means the Town and...
Old mineral workings and permissions
(1) If, having regard to the development plan and to...
(1) In this paragraph and Part II of this Schedule,...
(1) Any person who is an owner of any land...
(1) The conditions to which an old mining permission is...
(1) Where an application for the registration of an old...
(1) An application under paragraph 13 or 14 is an...
(1) Where the planning authority— (a) refuse an application under...
(1) On an appeal under paragraph 17 the Secretary of...
(1) The Secretary of State may give directions requiring applications...
(1) Where development consisting of the winning and working of...
(1) Where a person has served an application under paragraph...
(1) In this Part of this Schedule— “official form” means,...
(1) Where it appears to the planning authority that development...
(1) Where it appears to the planning authority—
(1) At any time when a suspension order is in...
(1) Subject to sub-paragraph (2) and without prejudice to paragraph...
An order made under paragraph 3, 5 or 6 shall...
Review of old mineral planning permissions
(1) In this Schedule— “dormant site” means a Phase I...
(1) This paragraph applies in a case where—
(1) Where the planning authority— (a) on an application under...
(1) Subject to paragraph 8(11), where no application under paragraph...
(1) The Secretary of State may give directions requiring applications...
(1) Where a planning authority have received from any person...
(1) This paragraph applies in a case where—
(1) This paragraph applies to appeals under paragraph 6(11) or...
(1) This paragraph has effect for the purposes of determining...
(1) A planning authority shall, in accordance with the following...
(1) A planning authority shall, in accordance with the following...
(1) This paragraph makes provision for the advertisement of the...
(1) Any person who is the owner of any land,...
(1) Any person who is the owner of any land,...
(1) The planning authority shall, no later than the date...
(1) Any person who is the owner of any land,...
The planning authority shall, in accordance with the provisions of...
(1) Where an application has been made under paragraph 6...
(1) Where a planning authority have received from any person...
(1) In this paragraph, in relation to a mining site,...
(1) This paragraph applies where— (a) an application made under...
(1) For the purposes of this Schedule— “first review date”,...
(1) Subject to sub-paragraph (7), in a case where the...
(1) The Scottish Ministers may by order specify a first...
(1) The planning authority shall, in connection with the first...
(1) Any person who is the owner of any land,...
(1) Any person who is the owner of any land,...
Where no application under paragraph 6 in respect of a...
(1) The Secretary of State may give directions requiring applications...
(1) Where on an application under paragraph 6 the planning...
(1) The carrying out of— (a) the rebuilding, as often...
The use as two or more separate dwellinghouses of any...
Where after 1st July 1948— (a) any buildings or works...
For the purposes of paragraph 1 the cubic content of...
(1) In this Schedule “at a material date” means at...
(1) In relation to a building erected after 1st July...
Where the building to be rebuilt or altered is the...
Where the building to be rebuilt or altered is not...
In determining under this Schedule the purpose for which floor...
(1) For the purposes of this Schedule gross floor space...
In relation to a building erected after 1st July 1948...
(1) The Secretary of State may by regulations . ....
The references in section 86 to questions of disputed compensation...
Blighted land
(1) This paragraph applies to land indicated in a strategic...
This paragraph applies to land indicated in a development plan...
(1) This paragraph applies to land on or adjacent to...
This paragraph applies to land shown on plans approved by...
This paragraph applies to land comprised in the site of...
This paragraph applies to land authorised by a special enactment...
(1) This paragraph applies to land in respect of which—...
This paragraph applies to land— (a) the compulsory acquisition of...
(1) This paragraph applies to land which relates to the...
This paragraph applies to land which is in a location...
(1) This paragraph applies to land which—
This paragraph applies to land indicated in a plan (other...
This paragraph applies to land in respect of which a...
(1) This paragraph applies to land within an area described...
This paragraph applies to land within an area designated as...
(1) This paragraph applies to land which is—
This paragraph applies to land within an area declared to...
This paragraph applies to land which is surrounded by or...
(1) Where a compulsory purchase order authorising an acquiring authority...
If, in a case falling within paragraph 9, it is...
If in a case falling within paragraph 9, it is...
Any question arising under paragraph 10 or 11—
Subject to paragraph 12, any amount recoverable by the acquiring...
Any sum recovered under paragraph 10 or 11 in respect...
This Part shall have effect for the purposes of paragraphs...
Paragraph 3 of Schedule 2 to the Acquisition Act 1947...
The power conferred by section 39 of the Land Compensation...
Paragraph 4 of Schedule 2 to the Acquisition Act 1947...
(1) Before making a general vesting declaration with respect to...
(1) If a general vesting declaration under this Act comprises...
Where a notice of objection to severance is served in...
Within 3 months after a person has served on an...
If the acquiring authority do not take action in accordance...
Where in accordance with paragraph 22 or 23 the notice...
Where an acquiring authority take action in accordance with paragraph...
Where in accordance with paragraph 22(c) an acquiring authority refer...
(1) If on such a reference the Lands Tribunal does...
Where by virtue of paragraph 22(a), 23, 25 or 27...
(1) Where in accordance with paragraph 20(1) a person is...
(1) Subject to sub-paragraph (2), a general vesting declaration shall...
Where any of the land specified in a general vesting...
Sections 56 to 60 and sections 63 to 66 of...
(1) Where land specified in a general vesting declaration under...
Where land specified in a general vesting declaration under this...
Where any of the land specified in a general vesting...
Where, after land has become vested in an acquiring authority...
(1) The time within which a question of disputed compensation,...
At the end of the period specified in a general...
(1) In this Schedule— “short tenancy” means a tenancy for...
In this Schedule— “Acquisition Act 1947” means the Acquisition of...
As soon as may be after executing a general vesting...
For the purposes of this Schedule, a certificate by the...
At the end of the period specified in a general...
At the end of the period specified in a general...
Where any land specified in a general vesting declaration is...
Paragraphs 10 to 14 shall have effect where, after the...
(1) Before making an order under section 202 or 206(1)(a)...
Regulations may, subject to this Part, make such provision as...
(1) As soon as may be after an order under...
(1) Where the Secretary of State would, if planning permission...
(1) Where a planning authority would, if planning permission for...
(1) This Part shall have effect with respect to the...
(1) An order made under section 203 by a competent...
(1) Before an order under section 203, 206(1)(b), 207 or...
If no representations or objections are duly made, or if...
(1) This paragraph applies where any representation or objection duly...
(1) The Secretary of State shall not confirm an order...
In this Schedule— “authority” means an authority responsible for enforcing...
(1) If it appears to the Secretary of State that...
The Secretary of State may give directions to any authority...
(1) On a compliance determination application the applicant may require...
(1) This paragraph applies where before the relevant date any...
(1) Any notice or other document required or authorised to...
Parts XIII and XIV do not apply to section 251...
(1) A compliance determination application may be made with respect...
A compliance determination application shall be accompanied by such plans...
(1) The authority to whom a compliance determination application is...
(1) Where a compliance determination application is made to an...
(1) Where the applicant is aggrieved by a compliance determination,...
(1) On such an appeal the Secretary of State may...
Subject to paragraph 9 and to any determination or decision...
Where a compliance determination has been given that works on...
Provisions of this Act referred to in sections 261 to 263
Notes:
The following abbreviations are used in the Table—
The Table does not show the effect of Transfer of...
The Table does not give details of the effect of...
“Sc Law Com Rec No.” followed by a number indicates...
(1) A community body may prepare a local place plan....
Every planning authority must make publicly available, in the manner...
In this schedule, “ community body ” means—
Other sections — not classified into a Part
These sections sit outside the numbered Parts — usually provisions added or moved by later amendments.
Browse 2 other sections
Purpose of planning
Sections 4 to 22. Section 24. Section 26. Section 27(2)...
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Edinburgh visitor levy - edinburgh.gov.uk (opens in a new tab) Detailed Guidance
- Short-term let legislation - VisitScotland (opens in a new tab) Detailed Guidance
- Legal requirements for short-term let accommodation - mygov.scot (opens in a new tab) Detailed Guidance
- Short-term lets regulation - gov.scot (opens in a new tab) Publication
- Planning and control areas - mygov.scot (opens in a new tab) Detailed Guidance
- NatureScot (opens in a new tab) Detailed Guidance
- Environmental assessment - Scottish Government (opens in a new tab) Detailed Guidance
- Planning and architecture - gov.scot (opens in a new tab) Detailed Guidance
- Advice and support (opens in a new tab) Detailed Guidance
- www.eplanning.scot (opens in a new tab) Detailed Guidance
- ... and 8 more
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Local Authority
PrimaryLocal Authority (Environmental Health / Licensing / Planning)
Local councils enforce food safety (via Environmental Health Officers), issue alcohol licences, grant planning permission, and regulate certain business activities at local …
Scottish Government / Riaghaltas na h-Alba
Devolved administration for Scotland. Issues statutory guidance and oversees compliance under devolved legislation including the Procurement Reform (Scotland) Act 2014. Scottish Ministers …
Scotland's nature agency. Advises government, manages protected areas, licenses activities affecting wildlife. Formerly Scottish Natural Heritage (SNH).
UK Government (Cross-Departmental)
Generic publisher code for cross-departmental government publications that don't map to a specific regulator or department. Used for guidance that spans multiple …
Historic Environment Scotland
Investigates, cares for, and promotes Scotland's historic environment. Designates listed buildings, scheduled monuments, and conservation areas in Scotland.
Connected legislation
1 statutory instrument
These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.
Secondary legislation (1)
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Browse legislation
Find other UK business legislation with related guidance.
Regulators
Learn more about the bodies that enforce this legislation.