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TRANSITIONAL ARRANGEMENTS
105. On commencement of the new development planning provisions, there will be a number of development plans that have been started but have not yet been approved/adopted. The Planning etc. (Scotland) Act 2006 (Development Planning) (Saving, Transitional and Consequential Provisions) Order ("the Order") covers the transition between the current legal framework and the new one. The overall aim is to ensure, as much as possible, that plan preparation work is not lost. Therefore, plans (or alterations) that have passed the consultation stage under the outgoing processes, will be able to proceed to approval/adoption following the provisions in the 1997 Act and the 1983 Regulations. The exception to this will be the examination in public for structure plans and the local inquiry for local plans: where a plan has passed the consultation stage but has not been submitted to Ministers (structure plans) or no notice of local inquiry has been issued (local plans), then the plan will proceed to examination, and then to approval/adoption, following the new provisions. The order also contains other related exceptions to the provisions to avoid the need for new steps to be undertaken that would not have been required under the current system, for example, the requirement on the authority to submit a report on their participation statement and its subsequent assessment by the reporter to the examination.
106. Where the structure plan has been submitted to Scottish Ministers or a notice of a local inquiry into a local plan has already been issued, proceedings would continue, following the provisions in the 1997 Act and the 1983 Regulations. Any plans that have been started but have not passed the consultation stage on the date of commencement of the new system will fall, and the authority in question will be required to start a new SDP or LDP, as appropriate. Structure plans and local plans that are started under the current system will continue to be called structure plans and local plans, even if the approval/adoption comes after commencement of the new system. Only those plans started after commencement will be SDPs or LDPs.
107. Schedule 1 of the Act, allows existing development plans to remain in force on commencement of the new system, until they are replaced by a new SDP or LDP, whichever may be the case. Article 6 of the Order provides that structure plans and local plans that are approved and adopted after the commencement of the new development planning system will also remain part of the development plan until replaced by a new SDP or LDP.
108. Article 7 provides that new-style LDPs can be prepared within SDP areas in the absence of an approved SDP. In these circumstances they must be consistent with the approved old-style structure plan.
109. The Order amends the Conservation (Natural Habitats, &c.) Regulations 1994 and the General Permitted Development Order 1992 to take account of the new terminology employed by the new development planning system.
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