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ANNEX C
Scottish Statutory Instruments
2007 No. TOWN AND COUNTRY PLANNING
The Planning etc. (Scotland) Act 2006 (Development Planning) (Saving and Transitional Provisions) Order 2007
Made - - - -
Laid before the Scottish Parliament
Coming into force - -
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 2006( 19) and all other powers enabling them to do so.
Citation, commencement and interpretation
1.- (1) This Order may be cited as the Planning etc. (Scotland) 2006 (Development Planning) (Saving and Transitional Provisions) Order 2007 and comes into force on [ ].
(2) In this Order-
"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 1983( 20);
"the relevant date" means the date on which section 2 of the 2006 Act comes into force.
Structure plans in respect of which notice of examination in public has been given
2.- (1) This article applies to a structure plan or a proposal for the alteration or repeal and replacement of a structure plan in respect of which, before the relevant date-
(a) the planning authority have 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 principal Act (as those sections applied immediately before the relevant date) are satisfied; and
(b) notice of an examination in public has been given under regulation 17 of the 1983 Regulations.
(2) Where this article applies the provisions of the principal Act and the 1983 Regulations shall continue to have effect as they did immediately before the relevant date.
Structure plans and alterations to structure plans where no notice of examination in public has been served
3.- (1) This article applies to a structure plan or a proposal for the alteration or repeal and replacement of a structure plan in respect of which, before the relevant date, the planning authority have 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 principal Act (as those sections applied immediately before the relevant date) are satisfied, but notice of an examination in public under regulation 17 of the 1983 Regulations has not been given.
(2) Where this article applies the provisions of-
(a) the principal Act (other than section 10) and the 1983 Regulations (other than regulations 17 to 19) shall continue to have effect as they did immediately before the relevant date; and
(b) sections 12, 13, 14, 23, 23A, 24 and 25 of the principal Act as introduced by the 2006 Act, and any regulations made under such provisions, are to apply to the structure plan or, as the case may be the proposal for the alteration or repeal and replacement of a structure plan, if references in those sections and any such regulations to a strategic development plan were references to a structure plan or, as the case may be, a proposal for the alteration or repeal and replacement of a structure plan, subject to the modifications in paragraph (3).
(3) The modifications referred to in paragraph (2) are in section 12 of the principal Act (as amended by the 2006 Act)-
(a) for subsections (1) and (2) substitute-
"(1) Where a proposed structure plan, or a proposal for the alteration or repeal and replacement of a structure plan, is submitted to the Scottish Ministers, the Scottish Ministers are to direct that a person appointed by them examine under this subsection such proposed plan or such proposal.".
(b) in subsection (4) for paragraph (c) substitute-
"(c) to serve notice of its making on any persons who make objections to the proposed plan or the proposal for the alteration or repeal and replacement of a structure plan which were not taken account of in the proposed plan or proposal as submitted to the Scottish Ministers and which have not been withdrawn";
(c) in subsection (7), omit paragraph (a)(ii).
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, before the relevant date-
(a) the planning authority have taken such steps as will in their opinion secure that the requirements of section 12(1) of the principal Act (publicity and consultation) (as that section applied immediately before the relevant date) are satisfied; and
(b) notice of a local inquiry has been given by local advertisement under regulation 34 of the 1983 Regulations.
(2) Where this article applies the provisions of the principal Act and the 1983 Regulations shall continue to have effect as they did immediately before the relevant date.
Local plans where no notice of local inquiry has been served
5.- (1) This article applies to a local plan in respect of which, before the relevant date, the planning authority have taken such steps as will in their opinion secure that the requirements of section 12(1) of the principal Act (publicity and consultation) (as that section applied immediately before the relevant date) are satisfied, but notice of a local inquiry under regulation 34 of the 1983 Regulations has not been given by advertisement.
(2) Where this article applies the provisions of-
(a) the principal Act (other than sections 15 to 25) and the 1983 Regulations (other than regulations 32 to 40) shall continue to have effect as they did immediately before the relevant date; and
(b) sections 19, 20, 20A, 23, 23A, 24 and 25 of the principle Act as introduced by the 2006 Act, and any regulations made under such provisions, are to apply to the local plan as if references in those sections and any such regulations to a local development plan were references to a local plan, subject to the modifications in paragraph (3).
(3) The modifications referred to in paragraph (2) are-
(a) in section 19 of the principal Act (as amended by the 2006 Act)-
(i) for subsections (1) to (4) substitute-
"(1) where a proposed local plan is sent to the Scottish Ministers under section 12(3), and if any objections duly made within the period for making objections to that plan have not been taken account of in the proposed plan and been withdrawn the Scottish Ministers are to appoint a person to examine such proposed plan.".
(ii) in subsection (6)(b) for "the representations mentioned in subsection (2)" substitute, "representations to the planning authority in respect of the proposed local plan";
(iii) in subsection (8), omit paragraph (a)(ii);
(b) in section 20A(1)(d)(i) for "under section 18" substitute , "by virtue of section 12";
(c) references to an examination or an appointment under section 19(3) are to be taken to be references to section 19(1).
Revocation
6. Subject to articles 2 to 4, the following Regulations are revoked-
(a) the Town and Country Planning (Structure and Local Plans) (Scotland) Regulations 1983( 21); and
(b) the Designation of Structure Plan Areas (Scotland) Order 1995( 22).
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
2007
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