What guidelines there are to regulate any circumstances in which a local authority may retrospectively alter conditions attached to a plann…

Section 33 of the Town and Country Planning (Scotland) Act 1997 (the 1997 act) allows a planning authority to grant planning permission for development carried out, without complying with some condition attached to the original planning permission. Where a planning permission of this sort is granted, it can take effect retrospectively from the date the development was carried out. Section 64 of the 1997 act, empowers a planning authority to vary a grant of planning permission, in circumstances where they take the view that the variation sought by the grantee is not material. It is not possible for such variation to have retrospective effect i.e. the statutory provision does not enable the variation to be effective in respect of the period prior to it being made. Under section 42 of the 1997 act, a developer may seek planning permission to develop land, without complying with conditions attached to a previous planning permission. The planning authority can refuse such an application, grant it subject to new conditions replacing those attached to the previous permission, or grant it unconditionally. Any planning permission granted under this provision cannot have retrospective effect.Section 65 of the 1997 act, allows planning authorities to promote orders modifying planning permission, where they consider it expedient to so do (i.e. not in response to a request from the developer) and where the development proposal has not been completed or the proposed change of use has not taken place. Again the relevant statutory provision precludes such orders having retrospective effect.The Executive's Development Department Circular 4/1998 contains guidance on the use of conditions and the mechanisms in sections 33 and 42 of the 1997 act. It is available on the Executive's website at: www.scotland.gov.uk/planning.