The Planning etc. (Scotland) Act 2006 (Development Planning) (Saving, Transitional and Consequential Provisions) Order 2008
| Jurisdiction | Scotland |
| Citation | SSI 2008/427 |
| Year | 2008 |
2008 No. 427
TOWN AND COUNTRY PLANNING
Made 18th December 2008
Laid before the Scottish Parliament 19th December 2008
Coming into force 28th February 2009
The Scottish Ministers make the following Order in exercise of the powers conferred by section 58(1) and (2) of the Planning etc. (Scotland) Act 20061and all other powers enabling them to do so.
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Planning etc. (Scotland) Act 2006 (Development Planning) (Saving, Transitional and Consequential Provisions) Order 2008 and comes into force on 28th February 2009.
(2) In this Order–
“the Act” means the Town and Country Planning (Scotland) Act 19972;
“the 2006 Act” means the Planning etc. (Scotland) Act 2006;
“the 1983 Regulations” means the Town and Country Planning (Structure and Local Plans) (Scotland) Regulations 19833;
“the 1994 Regulations” means the Conservation (National Habitats &c.) Regulation 19944;
“the 1995 Order” means the Designation of Structure Plan Areas (Scotland) Order 19955;
“the relevant date” means the date on which section 2 of the 2006 Act comes into force for all purposes;
“structure plan” and “local plan” have the same meaning as in the Act as it has effect immediately before the relevant date, and references to–
(a) a structure plan include references to a proposal for the alteration or repeal and replacement of a structure plan; and
(b) a local plan include references to a proposal to alter, repeal or replace a local plan,
within the meaning of the Act as it has effect immediately before the relevant date.
Structure plans submitted to the Scottish Ministers
2.—(1) This article applies to a structure plan which has been submitted to the Scottish Ministers before the relevant date.
(2) Where this article applies the provisions of sections 6 to 10, 20, 21, 237 and 238 of the Act, the 1983 Regulations, the 1994 Regulations and the 1995 Order shall continue to have effect as they did immediately before the relevant date for the purposes of that structure plan.
Structure plans and alterations to structure plans not submitted to the Scottish Ministers
3.—(1) This article applies to a structure plan–
(a)
(a) in respect of which, the planning authority have, before the relevant date, taken such steps as will in their opinion secure that the requirements of section 8(1) (publicity and consultation) or as, the case may be, section 9(4) (alteration and replacement of structure plans) of the Act (as those sections applied immediately before the relevant date) are satisfied; but
(b)
(b) which has not been submitted to the Scottish Ministers before the relevant date.
(2) Where this article applies the provisions of–
(a)
(a) sections 5 to 7, 8(1) and (2), 9(1) and (2), 21, 237 and 238 of the Act, the 1983 Regulations (other than regulations 11 to 19 and 21), the 1994 Regulations and the 1995 Order shall continue to have effect as they did immediately before the relevant date for the purposes of that structure plan; and
(b)
(b) sections 10 (other than subsections (3)(b)(ii) and (iii) and (8)), 11, 12 (other than subsection (2) and (7)(a)(ii)), 13, 14, 23, 23A, 24 and 25 of the Act (as it has effect on the relevant date), and regulations made under such provisions, are to apply to the structure plan as they apply to a strategic development plan but as if–
(i) references to–
(a)
(a) a strategic development plan were references to a structure plan;
(b)
(b) the strategic development plan area were references, as the case may be–
(i) to the district of the planning authority; or
(ii) where two or more planning authorities are to prepare a structure plan jointly under section 5 of the Act (as continued in force by paragraph (2)(a)), to the structure plan area designated by the 1995 Order in respect of those authorities; and
(c)
(c) a strategic development planning authority were references to the planning authority or planning authorities, as the case may be, which are preparing the structure plan; and
(ii) the reference in section 10(1) of the Act to the date specified by virtue of section 9(8) of the Act is treated as reference to the end of the period prescribed under section 8(2) of the Act as it applied immediately before the relevant date, the reference in section 10(1)(a) of the Act to representations is treated as a reference to representations made to the planning authority within such period and the reference in section 10(1)(c) of the Act to persons making representations is treated as a reference to persons making such representations.
Local plans in respect of which notice of local inquiry has been given
4.—(1) This article applies to a local plan in respect of which notice by local advertisement of a local inquiry has been given under regulation 34 of the 1983 Regulations before the relevant date.
(2) Where this article applies the provisions of sections 11 to 21, 237 and 238 of the Act, the 1983 Regulations and the 1994 Regulations shall continue to have effect as they did immediately before the relevant date for the purposes of that local plan.
(3) In this article and in article 5(1) “notice by local advertisement” has the same meaning as in the 1983 Regulations.
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