- accommodation needs
includes, but is not limited to, needs with respect to the provision of sites on which mobile homes may be stationed, • “children and young people” mean persons aged 25 or under, • “community council” means a community council established by a local authority under Part 4 of the Local Government (Scotland) Act 1973, • “disabled person” means a person who is a disabled person for the purposes of the Equality Act 2010, • “Gypsies and Travellers” has the meaning specified in regulations made by the Scottish Ministers.
- acquiring authority
has the same meaning as in the Land Compensation (Scotland) Act 1963;
- Acquisition Act 1947
means the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;
- advertisement
means any word, letter, model, sign, placard, board, notice, awning, blind, device or representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of, advertisement, announcement or direction, and (without prejudice to the foregoing provisions of this definition), includes any hoarding or similar structure used or designed, or adapted for use and anything else used, or designed or adapted principally for use, for the display of advertisements, and references to the display of advertisements shall be construed accordingly;
- aftercare condition
has the meaning given by paragraph 2(2) of Schedule 3;
- agricultural land
means land comprised in a lease constituting a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11) or comprised in a lease constituting a short limited duration tenancy, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy (within the meaning of that Act);
- agricultural unit
means land which is occupied as a unit for agricultural purposes, including any dwellinghouse or other building occupied by the same person for the purpose of farming the land;
- agriculture
includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” shall be construed accordingly;
- application
includes a submission.
- at a material date
means at either—
- authorisation
means—
- authorised
means authorised by planning permission;
- authority
means an authority responsible for enforcing planning control, • “compliance determination application” means an application under section 251(3), and • “compliance determination” means a determination given on such an application.
- authority responsible for enforcing planning control
means, in relation to any works on land or use of land, the authority empowered by virtue of section 72 of the 1947 Act or of paragraph 28 of Schedule 22 to the 1972 Act (including that paragraph as it continues in effect by virtue of paragraph 3 of Schedule 3 to the Planning (Consequential Provisions) (Scotland) Act 1997) to serve an enforcement notice in respect of it or the authority who would be so empowered if the works had been carried out, or the use begun, otherwise than in compliance with planning control;
- biodiversity
has the same meaning as “biological diversity” in the United Nations Environmental Programme Convention on Biological Diversity of 5 June 1992 as amended from time to time (or in any United Nations Convention replacing that Convention).
- blight notice
means a notice served under section 101.
- breach of condition notice
has the meaning given by section 145;
- breach of planning control
has the meaning given by section 123;
- bridleway
has the same meaning as in section 47 of the Countryside (Scotland) Act 1967;
- building
includes any structure or erection, and any part of a building, as so defined, but does not include plant or machinery comprised in a building;
- building operations
has the meaning given by section 26;
- building or works
includes waste materials, refuse and other matters deposited on land, and references to the erection or construction of buildings or works shall be construed accordingly and references to the removal of buildings or works include demolition of buildings and filling in of trenches;
- burial ground
includes any churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment, and includes part of a burial ground;
- caravan site
has the meaning given by section 1(4) of the Caravan Sites and Control of Development Act 1960;
- charge
means any such feuduty, ground annual or rent or other payment or incumbrance as is mentioned in the introductory words to sections 107 to 111 of the Act of 1845.
- common
includes any town or village green;
- community body
means—
- community council
means a community council established by a local authority under Part 4 of the Local Government (Scotland) Act 1973, • “disabled person” means a person who is a disabled person for the purposes of the Equality Act 2010, • “Gypsies and Travellers” has the meaning specified in regulations made by the Scottish Ministers.
- compensation for depreciation
means so much of any compensation payable under section 76 as is payable in respect of loss or damage consisting of depreciation of the value of an interest in land, and • “relevant planning decision” means the planning decision by which planning permission is refused, or is granted subject to conditions other than those previously imposed by the development order.
- compliance determination
means a determination given on such an application.
- compliance determination application
means an application under section 251(3), and • “compliance determination” means a determination given on such an application.
- conditions
includes limitations;
- conservation area
means an area designated under section 61 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997;
- cottar
has the meaning given in section 12(5) of the Crofters (Scotland) Act 1993;
- crofter
has the meaning given in section 3(3) of that Act;
- cross-country pipe-line
has the meaning given by section 66 of the Pipe-lines Act 1962 (c. 58);
- Crown interest
means any of the following— (a) an interest belonging to Her Majesty in right of the Crown or in right of Her private estates, (b) an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department, (c) such other interest as the Scottish Ministers specify by order;
- Crown land
means land in which there is a Crown interest;
- date of service
has the same meaning as in section 119.
- depositing of mineral waste
means any process whereby a mineral-working deposit is created or enlarged and “depositing of refuse or waste materials” includes the depositing of mineral waste;
- depositing of refuse or waste materials
includes the depositing of mineral waste;
- development
has the meaning given by section 26, and “develop” shall be construed accordingly;
- development consent
means development consent under the Planning Act 2008;
- development order
has the meaning given by section 30;
- disabled person
means a person who is a disabled person for the purposes of the Equality Act 2010, • “Gypsies and Travellers” has the meaning specified in regulations made by the Scottish Ministers.
- dormant site
means a Phase I or Phase II site in, on or under which no minerals development has been carried out to any substantial extent at any time in the period beginning on 22nd February 1982 and ending with 6th June 1995 otherwise than by virtue of a planning permission which is not a relevant planning permission relating to the site;
- effects on biodiversity
includes the net positive effects on biodiversity that would be likely to result from the development.
- electronic communication
has the same meaning as in the Electronic Communications Act 2000 (c. 7);
- emergency period
means the period... beginning with the date on which paragraph 9 of schedule 7 of the Coronavirus (Scotland) Act 2020 came into force and ending at the end of 30 September 2022, • “extended period” means the period... beginning with the date that paragraph came into force and ending at the end of 31 March 2023.
- enactment
includes an Act of the Scottish Parliament, an enactment in any local or private Act of Parliament or in any private Act of the Scottish Parliament, and an order, rule, regulation, byelaw or scheme made under an Act of Parliament or of the Scottish Parliament, including an order or scheme confirmed by Parliament or by the Scottish Parliament;
- enforcement action
includes obtaining the grant of an interdict under section 146(2).
- enforcement notice
means a notice under section 127;
- engineering operations
includes the formation or laying out of means of access to roads;
- enterprise zone scheme
means a scheme or modified scheme having effect to grant planning permission in accordance with section 55;
- equipment
has the same meaning as in section 26(6),... • “ marine fish farm ” means a fish farm situated in any part of any waters referred to in paragraphs (b) and (c) of section 26(6).;
- extended period
means the period... beginning with the date that paragraph came into force and ending at the end of 31 March 2023.
- fish farming
means the breeding, rearing or keeping of fish or shellfish (which includes any kind of sea urchin, crustacean or mollusc);
- footpath
has the same meaning as in section 47 of the Countryside (Scotland) Act 1967;
- forestry
has the same meaning as in paragraph 2.
- functions
includes powers and duties;
- gas transporter
has the same meaning as in Part 1 of the Gas Act 1986 (see section 7(1) of that Act);
- general development order
means a development order (within the meaning of section 30(2)) made as a general order applicable (subject to such exceptions as may be specified in it) to all land in Scotland.
- government department
includes any Minister of the Crown;
- government departments which possess compulsory purchase powers
means government departments being authorities possessing compulsory purchase powers within the meaning of the Land Compensation (Scotland) Act 1963.
- green infrastructure
means features of the natural and built environments that provide a range of ecosystem and social benefits, • “green networks” means connected areas of green infrastructure and open space, • “open space” means space within and on the edge of settlements comprising green infrastructure or civic areas such as squares, market places and other paved or hard landscaped areas with a civic function.
- green networks
means connected areas of green infrastructure and open space, • “open space” means space within and on the edge of settlements comprising green infrastructure or civic areas such as squares, market places and other paved or hard landscaped areas with a civic function.
- Gypsies and Travellers
has the meaning specified in regulations made by the Scottish Ministers.
- hereditament
means the aggregate of the lands and heritages (not being agricultural lands and heritages within the meaning of section 7 of the Valuation and Rating (Scotland) Act 1956) which form the subject of a single entry in the valuation roll for the time being in force for a valuation area;
- heritable security
means— (a) a heritable security within the meaning of the Conveyancing (Scotland) Act 1924, but excluding... a real burden ad factum praestandum and including a security constituted by way of ex facie absolute disposition, or (b) an assignation in security of a lease recorded under the Registration of Leases (Scotland) Act 1857, and “heritable creditor” shall be construed accordingly;
- inland waters
means waters which do not form part of the sea or of any creek, bay or estuary or of any river as far as the tide flows;
- land
includes land covered with water and any building as defined by this section and, in relation to the acquisition of land under Part VIII, includes any interest in land and any servitude or right in or over land;
- Lands Tribunal
means the Lands Tribunal for Scotland;
- lease
includes a sub-lease, but does not include an option to take a lease;
- legible in all material respects
means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served or given by means of a notice or document in printed form.
- local authority
means a council constituted under section 2 of the Local Government etc.
- local developments
has the meaning given by section 26A;
- local enactment
means a local or private Act, or an order confirmed by Parliament or brought into operation in accordance with special parliamentary procedure.
- local roads authority
has the same meaning as in the Roads (Scotland) Act 1984;
- major developments
has the meaning given by section 26A;
- marine fish farm
means a fish farm situated in any part of any waters referred to in paragraphs (b) and (c) of section 26(6).;
- marine protected area
means an area designated by an order under section 67 of the Marine (Scotland) Act 2010 as— (a) a nature conservation area, (b) a demonstration and research marine protected area, or (c) a historic marine protected area, • “World Heritage List” means the list kept in accordance with article 11(2) of the Convention concerning the Protection of the World Cultural and Natural Heritage adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organisation at Paris on 16 November 1972.
- material development
means any development other than—
- material operation
means—
- mediation
includes any means of exploring, resolving or reducing disagreement between persons involving an impartial person that the Scottish Ministers consider appropriate.
- mineral permission
means any planning permission, other than a planning permission granted by a development order, for minerals development;
- mineral site
has the meaning given by sub-paragraph (2);
- mineral-working deposit
means any deposit of material remaining after minerals have been extracted from land or otherwise deriving from the carrying out of operations for the winning and working of minerals in, on or under land;
- minerals
includes all substances of a kind ordinarily worked for removal by underground or surface working;
- minerals development
means development consisting of the winning and working of minerals, or involving the depositing of mineral waste.
- mining operations
has the meaning given by section 26;
- mining site
means— (a) in a case where it appears to the planning authority to be expedient to treat as a single site the aggregate of the land to which any two or more mineral permissions relate, the aggregate of the land to which those permissions relate;
- Minister
means any Minister of the Crown or other government department;
- modifications
includes amendments and repeals.
- monument
includes a tombstone or other memorial and any fixtures or furnishings.
- national developments
has the meaning given by section 3A(4)(b);
- National Planning Framework
has the meaning given by section 3A(1);
- national policy statement
has the meaning given by section 5(2) of the Planning Act 2008;
- nautical miles
means international nautical miles of 1,852 metres
- not for profit enterprise
means an organisation which a person might reasonably consider to exist wholly or mainly to provide benefits for society, • “social enterprise” means an organisation whose activities are wholly or mainly activities which a person might reasonably consider to be activities carried on for the benefit of society (“its social objects”), and which— (a) generates most of its income through business or trade, (b) reinvests most of its profits in its social objects, (c) is independent of any public authority, and (d) is owned, controlled and managed in a way that is consistent with its social objects.
- official form
means, in relation to an application or appeal, a document supplied by or on behalf of the Secretary of State for use for the purpose in question, and • “owner” in relation to any land means any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking and includes any person entitled to possession of the land as lessee under a lease the unexpired portion of which is not less than 7 years.
- old development plan
means—
- old mining permission
means any planning permission for development— which is deemed to have been granted by virtue of paragraph 77 of Schedule 22 to the 1972 Act (development authorised under interim development orders after 10th November 1943).
- open space
means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground;
- operational land
means, in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, land—
- owner
has the same meaning as in section 75.
- participation statement
means an account by the Scottish Ministers of—
- person
includes any body of persons corporate or unincorporate) in relation to any provision of this Chapter.
- planning authority
has the meaning given by section 1;
- planning contravention notice
has the meaning given by section 125;
- planning decision
means a decision made on an application under Part III or section 242A;
- planning permission
means permission under Part III or permission granted on an application made under section 242A;
- planning permission granted for a limited period
has the meaning given by section 41(3);
- prescribed
means prescribed by regulations made by the Secretary of State and the Secretary of State for Transport jointly in the exercise of their respective powers under this Act and the 1990 Act.
- private interest
means interest which is not a Crown interest.
- proceeding giving rise to compensation
means— (a) except in relation to compensation under section 232(4), the particular action (that is to say, the decision, order, extinguishment of a right, imposition of a requirement or acquisition) in respect of which compensation falls to be assessed, as distinct from any development or project in connection with which that action may have been taken, and (b) in relation to compensation under section 232(4), the circumstances making it necessary for the apparatus in question to be removed or resited;
- public gas transporter
has the same meaning as in Part I of the Gas Act 1986;
- publish
includes, without prejudice to that expression's generality, publish by electronic means (as for example by means of the internet).
- purchase notice
has the meaning given by section 88;
- recommended-modification statement
means a statement that—
- relevant activity
means any activity specified in the enforcement notice as an activity which the planning authority require to cease and any activity carried out as part of that activity or associated with that activity.
- relevant instrument
means the instrument by which a planning obligation is entered into.
- relevant planning decision
means the planning decision by which planning permission is refused, or is granted subject to conditions other than those previously imposed by the development order.
- relevant planning permission
means any planning permission, other than an old mining permission or a planning permission granted by a development order, granted after 30th June 1948 for minerals development;
- report on modifications
means a report that sets out—
- restoration condition
has the meaning given by paragraph 2(2) of Schedule 3;
- review date
means—
- road
has the same meaning as in the Roads (Scotland) Act 1984;
- short tenancy
means a tenancy for a year or from year to year or any lesser interest, and • “long tenancy which is about to expire”, in relation to a general vesting declaration, means a tenancy granted for an interest greater than a short tenancy, but having at the date of the declaration a period still to run which is not more than the specified period (that is to say, such period, longer than one year, as may for the purposes of this paragraph be specified in the declaration in relation to the land in which the tenancy subsists).
- site licence
means a licence under Part 1 of the Caravan Sites and Control of Development Act 1960 authorising the use of land as a caravan site.
- social enterprise
means an organisation whose activities are wholly or mainly activities which a person might reasonably consider to be activities carried on for the benefit of society (“its social objects”), and which— (a) generates most of its income through business or trade, (b) reinvests most of its profits in its social objects, (c) is independent of any public authority, and (d) is owned, controlled and managed in a way that is consistent with its social objects.
- special enactment
means a local enactment, or a provision contained in an Act other than a local or private Act, which is a local enactment or provision authorising the compulsory acquisition of land specifically identified in it;
- statutory undertaker
means a person who is, or is deemed to be, a statutory undertaker for the purposes of any provision of Part 10.
- statutory undertakers
includes electronic communications code operators and former PTOs.
- steps for the protection of the environment
has the meaning given by paragraph 5(3) of Schedule 8;
- stop notice
has the meaning given by section 140;
- strategic development
means development that is likely to have a significant impact on future development within the area of more than one planning authority.
- supplementary guidance
means guidance issued under section 22 of this Act as it applied immediately before the coming into force of section 9 of the Planning (Scotland) Act 2019.
- tenancy
includes a tenancy under a sub-lease and a tenancy under an agreement for a lease or sub-lease, but does not include an option to take a tenancy and does not include a mortgage;
- the 1947 Act
means the Town and Country Planning (Scotland) Act 1947;
- the 1972 Act
means the Town and Country Planning (Scotland) Act 1972;
- the 1990 Act
means the Town and Country Planning Act 1990;
- the 7 year period
means the period of 7 years beginning with the day on which the Bill for the Planning (Scotland) Act 2019 receives Royal Assent.
- the aftercare period
means a period of 5 years from compliance with the restoration condition or such other maximum period after compliance with that condition as may be prescribed;
- the applicant
means the person who made the application in question under paragraph 9.
- the appropriate amount for loss of profits
means—
- the appropriate enactment
means an order in the terms of the order applied for.
- the claimant
has the meaning given in section 101(4);
- the court
means the Court of Session or the sheriff.
- the final month
means the month arrived at by counting forwards the specified number of calendar months or years from the month in which the period began.
- the Ministers
has the meaning given in section 70(3), except that their functions under paragraphs 1(2) and 6 may, by arrangements between them, be exercised by either acting on behalf of both;
- the planning Acts
means this Act, the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, the Planning (Hazardous Substances) (Scotland) Act 1997 and the Planning (Consequential Provisions) (Scotland) Act 1997;
- the public service
includes the service in the United Kingdom—
- the relevant planning authority
means the authority in whose district the area to which the scheme relates lies.
- the relevant provisions
means— (a) the provisions of Part VIII, or (b) in the case of statutory undertakers, any statutory provision (however expressed) under which they have power, or may be authorised, to purchase land compulsorily for the purposes of their undertaking;
- the responsible Minister or Ministers
means, in relation to a matter specified in column 1 of the following Table (matters which may be referred to a Planning Inquiry Commission under section 69(2)), the Minister or Minsters specified opposite in column 2.
- the responsible Ministers
means, in relation to a matter specified in column 1 of the following Table (matters which may be referred to a Joint Planning Inquiry Commission under section 70(2)), those specified opposite in column 2, acting jointly. 1.
- the winning and working of minerals
includes the extraction of minerals from a mineral working deposit.
- treaty
includes any international agreement, and any protocol or annex to a treaty or international agreement.
- tree preservation order
has the meaning given by section 160;
- universal postal service provider
means a universal service provider within the meaning of Part 3 of the Postal Services Act 2011;
- Valuation Office
means the Valuation Office of the Inland Revenue Department;... • “waste” includes anything which is waste for the purposes of section 75(2) of the Environmental Protection Act 1990 (c. 43);
- war damage
has the same meaning as in the War Damage Act 1943.
- war period
means the period extending from 3rd September 1939 to 26th March 1946;
- waste
includes anything which is waste for the purposes of section 75(2) of the Environmental Protection Act 1990 (c. 43);
- water environment
has the same meaning as in section 3(2) of the Water Environment and Water Services (Scotland) Act 2003 (asp 3).
- working day
means a day which is not a Saturday, Sunday, Christmas Eve, a bank holiday in Scotland under the Banking and Financial Dealings Act 1971, a day appointed for public thanksgiving or mourning or any other day which is a local or public holiday in an area in which the electronic communication is received.
- works
includes any building, structure, excavation or other work on land.
- World Heritage List
means the list kept in accordance with article 11(2) of the Convention concerning the Protection of the World Cultural and Natural Heritage adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organisation at Paris on 16 November 1972.