Parliament Workbench
Data: Motions & questions to 19 Nov 2026

Written Question · S2W-11747 · Session 2

What plans it has to amend section 39(1) of the Town and Country Planning (Scotland) Act 1997 in respect of local authority powers regardin…

Answered Asked by Shiona Baird Green Lodged 27 Oct 2004

The question

To ask the Scottish Executive what plans it has to amend section 39(1) of the Town and Country Planning (Scotland) Act 1997 in respect of local authority powers regarding enforcement orders for breaches of planning controls.

The answer

Answered by Johann Lamont on 9 Nov 2004 · 13 days after it was lodged, on time

Section 39(1) of the Town and Country Planning (Scotland) Act 1997 gives planning authorities the power to decline to determine applications for planning permission if, within the previous two years the development proposal was subject to refusal of planning permission by the Scottish ministers and in the opinion of the planning authority there has been no significant change since that refusal.
As part of our work on modernising the planning system, we will consider whether this section needs to be amended in the context of a future planning bill.

In the Official Report

No contribution in the Official Report cites S2W-11747 by reference.