Town and Country Planning (Scotland) Act 1997

5 Where there is no local plan in force in an area to which a structure plan applies, then, for any of the purposes of the Land Compensation (Scotland) Act 1963—

(a) the development plan or current development plan shall as respects that area be taken as being—

(i) the structure plan so far as applicable to the area, and any alterations to it, together with the Secretary of State’s notice of approval of the plan and alterations, or

(ii) the old development plan,

whichever gives rise to those assumptions as to the grant of planning permission which are more favourable to the owner of the land acquired, for that purpose, and

(b) land situated in an area defined in the current development plan as an area of comprehensive development shall be taken to be situated in—

(i) any area wholly or partly within that area selected by the structure plan as an action area, or

(ii) the area so defined in the old development plan,

whichever leads to such assumptions as are mentioned in paragraph (a).