Circular 4/1997
ANNEX C
THE TOWN AND COUNTRY PLANNING (DEVELOPMENT CONTRARY TO DEVELOPMENT PLANS) (SCOTLAND) DIRECTION 1996
The Secretary of State in exercise of the powers conferred on him by Article18 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992(a) and all other powers enabling him in that behalf, hereby gives the following Direction:-
Interpretation
1. In this Direction "an article17 direction" means a direction given by the Secretary of State under article17 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 restricting the grant of planning permission by a planning authority and "the restriction period referred to in such direction" is the period during which the planning authority is prevented from granting planning permission by reason of the restriction imposed by the direction.
Application
2. This Direction does not apply to an application for planning permission to which an article17 direction applies, during the restriction period referred to in such direction.
3. Planning authorities are hereby authorised to grant planning permission for development which does not accord with the provisions of the development plan provided-
(a) they have published a notice in a local newspaper circulating within their district, giving details of the application and where it and any relevant plans and other documents may be examined, and requesting that representations be made in writing within 21days of the date of the first publication of the notice; and
(b) they have considered any representations so made.
4. The Town and Country Planning (Development Contrary to Development Plans) (Scotland) (No.2) Direction 1994 is hereby revoked.
5. This direction may be cited as the Town and Country Planning (Development Contrary to Development Plans) (Scotland) Direction 1996 and shall come into force on 1April 1996.
M T Affolter
Assistant Secretary,
The Scottish Office Development Department
Victoria Quay
Edinburgh
1April 1996
DEVELOPMENT AFFECTING TRUNK ROAD AND SPECIAL ROADS
The Town and Country Planning (General Development Procedure) (Scotland) Order 1992 (Article15(1)(j)(i) and(ii)) requires planning authorities to consult the Secretary of State on certain types of development proposals affecting trunk roads. This consultation should be on FormTR/NPA/1 which should be completed by planning and roads authorities and sent to the Department's Director of Roads who will consider the case and give his formal advice. If the planning authority propose to grant planning permission against such advice they are required to notify the application to the Secretary of State. The Director of Roads need not be consulted where development proposals in the categories below fall within 67metres of an existing trunk or special road and do not involve a new or altered access thereto. This relaxation does not apply to any development proposals listed below falling within 67metres of the preferred line for a proposed improvement to an existing trunk road or special road. The categories are:-
a. any proposed development on sites not having direct access to the trunk road where the only means of access to the trunk road is by means of a grade separated interchange;
b. extension to any existing building not involving additional accommodation of more than 250cubic metres or half the cubic content of the original building (whichever is the smaller);
c. changes of use with no change in type or volume of traffic generated;
d. erection of up to 5houses on sites not having direct access to a trunk road;
e. erection of a private garage not exceeding 100cubic metres where there is already a vehicular access and turning facilities are or will be made available;
f. formation of a vehicular access (other than to a trunk road) for an existing private dwelling where turning facilities are or will be made available;
g. any proposed development adjacent to stretches of trunk road subject to a 30 mph speed limit.