SCHEDULE 2Minor and consequential amendments and repeals
PART 3Development management
Duration of planning permission
I16
1
The Town and Country Planning (Scotland) Act 1997 is amended as follows.
2
In section 37 (determination of applications: general considerations), in subsection (1)(a), for “and 59(1)(b)” substitute “
, 58 and 59
”
.
3
In section 60 (provisions supplementary to sections 58 and 59) in subsection (1), in the opening words, for “58(2) and (3A)(b) and 59(5)” substitute “
58(1)(b) and (3A)(b) and 59(2A)(b) and (2D)(b)
”
.
4
In section 71 (order requiring discontinuance of use or alteration or removal of buildings or works), in subsection (7), for “58(2) and (3A)(b)
and 59(5)” substitute “
58(1)(b) and (3A)(b) and 59(2A)(b) and (2D)(b)
”
.
5
In section 88 (circumstances in which purchase notices may be served), in subsection (5), for “provisions of” substitute “
conditions referred to in
”
.
6
In section 232 (right of compensation in respect of certain decisions and orders), in subsection (7), for “provisions of” substitute “
conditions referred to in
”
.
Schemes of delegation and local review
7
1
The Town and Country Planning (Scotland) Act 1997 is amended as follows.
2
In section 39 (declining to determine an application), in subsection (2A)—
a
in the opening words, for “43A(5)” substitute “
43AA(2)
”
,
b
in paragraph (a), for “43A(8)” substitute “
43AC
”
,
c
in paragraph (c), for “43A(8)(c)” substitute “
43AC(1)(e)
”
.
3
In section 43B (matters which may be raised in a review under section 43A(8)), in subsection (1), for “43A(8)” substitute “
43AC (other than one required by virtue of paragraph (e) of subsection (1))
”
.
4
The section title of section 43B becomes “
Matters which may be raised in a review under section 43AC
”
.
5
In section 46 (call-in of applications), in subsection (2)(ab), for “43A(8)” substitute “
43AC
”
.
6
In section 237 (validity of development plans and certain orders, decisions and directions), in subsection (3A)—
a
the words “(other than a deemed decision)” are repealed,
b
for “43A(8)” substitute “
43AC
”
.
7
In section 277 (interpretation), in subsection (5)—
a
in paragraph (ba), for “43A(8)(a) or (b)” substitute “
43AC(1)(a) to (d)
”
,
b
in paragraph (ca), for “43A(8)(c)” substitute “
43AC(1)(e)
”
,
c
in paragraph (da)(i), for “43(8)(a) or (b)” substitute “
43AC(1)(a) to (d)
”
,
d
in paragraph (da)(ii)—
i
for “43A(8)(c)” substitute “
43AC(1)(e)
”
,
ii
for “43A(9)” substitute “
43AC(3)
”
.
Development orders
8
1
The Town and Country Planning (Scotland) Act 1997 is amended as follows.
2
In section 78 (apportionment of compensation for depreciation), in subsection (2)(b), the words “or, in a case falling within section 77, the relevant planning decision,” are repealed.
3
In section 214 (meaning of “statutory undertakers”)—
a
in subsection (4), and
b
in subsection (7)(a),
the words “77(3),” are repealed.
4
In section 215 (meaning of “operational land”), in subsection (3), the words “77(3),” are repealed.
5
In schedule 18, in Part 1, for “77” substitute “
77A
”
.