The Planning etc. (Scotland) Act 2006 (Development Planning) (Saving, Transitional and Consequential Provisions) Order 2008

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–

(a) the planning authority have taken such steps as will in their opinion secure that the requirements of section 12(1)(a) of the Act (publicity and consultation) (as that section applied immediately before the relevant date) are satisfied; but

(b) notice by local advertisement of a local inquiry under regulation 34 of the 1983 Regulations has not been given.

(2) Where this article applies the provisions of–

(a) sections 11 to 13, 20 to 22, 237 and 238 of the Act, the 1983 Regulations (other than regulations 32 to 40) and the 1994 Regulations shall continue to have effect as they did immediately before the relevant date for the purposes of that local plan; and

(b) sections 19 (other than subsection (4) and (8)(a)(ii)), 20, 20A, 23A of the Act (as it has effect on the relevant date), and any regulations made under such provisions, are to apply to the local plan as they apply to a proposed local development plan but as if–

(i) references to a local development plan were references to a local plan;

(ii) references in section 19(1) and (3) to submission of the local development plan under paragraph (a) of section 18(4) were references to sending a local plan under section 12(3)(b) of the Act (as continued in force by paragraph (2)(a)); and

(iii) the circumstances mentioned in section 19(2) were that representations made within the period prescribed under section 12(2) of the Act (as continued in force by paragraph (2)(a)) have not either been withdrawn or taken account of in the proposed local plan and references in section 19(6)(b) and section 20A(1)(d)(ii) to persons who have made representations were references to the persons making such representations.