Planning etc. (Scotland) Act 2006

53 Old development plans S

(1) Schedule 1 to the principal Act (old development plans) is amended as follows.

(2) In paragraph 1, the words from “a development plan” to the end become paragraph (a); and after that paragraph there is added “, and

(b) except in paragraph 5, a development plan within the meaning of section 24 as that section applied immediately before the coming into force of section 2 of the Planning etc. (Scotland) Act 2006 (asp 17)”.

(3) In paragraph 2, for the words “commencement of this Act” substitute “ coming into force of that section ”.

(4) In paragraph 3, after the words—

(a) “old development plan” insert “ , not being the structure plan or local plan, ”

(b) “those of” insert “ the strategic development plan or ”, and

(c) “provisions of” insert “ the strategic development plan or as the case may be ”.

(5) Paragraph 4 is repealed.

(6) In paragraph 6, for the words from “adoption” to the end substitute “—

(a) approval of a strategic development plan under section 13, so much of any structure plan as relates to the area to which the plan so approved relates,

(b) adoption of a local development plan under section 20, so much of any old development plan as relates to the area to which the plan so adopted relates,

shall cease to have effect. ”.

(7) In paragraph 7, for the words “local plan” substitute “ plan so approved, or as the case may be adopted, ”.

(8) In paragraph 9, after the word “district” insert “ , and the strategic development planning authority for any strategic development plan area, ”.

(9) The heading to paragraphs 6 to 9 becomes “Discontinuance of old development plan on approval of strategic development plan or adoption of local development plan”.

(10) After paragraph 9 there is added—

“10 “Further provision as to interpretation

“10 In this Schedule, “structure plan” is to be construed in accordance with section 6 and “local plan” in accordance with section 11 as those sections applied immediately before the coming into force of section 2 of the Planning etc. (Scotland) Act 2006 (asp 17).”.

Commencement Information

I1 S. 53 in force at 28.2.2009 by S.S.I. 2009/70, art. 2, Sch.