Search Legislation

The Town and Country Planning (Development Planning) (Scotland) Regulations 2008

Status:

This is the original version (as it was originally made).

Citation, commencement and interpretation

This section has no associated Executive Note

1.—(1) These Regulations may be cited as the Town and Country Planning (Development Planning) (Scotland) Regulations 2008 and come into force on 28th February 2009.

(2) In these Regulations–

“the Act” means the Town and Country Planning (Scotland) Act 1997;

“the 2005 Act” means the Environmental Assessment (Scotland) Act 2005(1);

“community council” means a community council established in accordance with the provisions of Part IV of the Local Government (Scotland) Act 1973(2);

“Directive” means Directive 96/82/EC of the European Council on the control of major accident hazards involving dangerous substances(3);

“environmental report” means the environmental report prepared in connection with a proposed plan in accordance with the 2005 Act;

“key agency” means a body specified as a key agency in regulation 28;

“local development plan area” means the area of land to which a proposed local development plan relates;

“local housing strategy” means a strategy (and any modified strategy) prepared and submitted to the Scottish Ministers in accordance with section 89 of the Housing (Scotland) Act 2001(4);

“National Park” and “National Park authority” have the same meaning as in the National Parks (Scotland) Act 2000(5);

“national waste management plan” has the same meaning as in the National Waste Management Plan for Scotland Regulations 2007(6);

“neighbouring land” means land which is conterminous with or within 20 metres of the boundary of a specific site in respect of which a local development plan includes a proposal;

“regional transport strategy” means a transport strategy approved by the Scottish Ministers under section 6 of the Transport (Scotland) Act 2005(7);

“relevant date” means the date on which section 2 of the Planning etc. (Scotland) Act 2006 comes into force for all purposes;

“river basin management plan” means a river basin management plan approved by the Scottish Ministers under section 13(1) of the Water Environment and Water Services Act 2003(8); and

“supplementary guidance” has the same meaning as in section 22(1) of the Act.

(3) Expressions which are used in regulations 3(2) and 10(2) and which are also used in the Directive have the same meaning as in the Directive.

(4) Any reference to a numbered Schedule is a reference to the Schedule bearing that number in these Regulations and any requirement that a form shall be as set out in a specified Schedule shall be construed as meaning a form as so specified or a form substantially to the like effect.

(2)

1973 c. 65. Part IV was relevantly amended by section 180(2) and Schedule 14 to the Local Government etc. (Scotland) Act 1994 (c. 39).

(3)

O.J. No. L 10, 14.1.1997, p.13. The Directive was amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council of 29th September 2003 (O.J. No. L 284, 31.10.2003) and Directive 2003/105/EC of the European Parliament and of the Council of 16th December 2003 (O.J. No. L 345, 31.12.2003 p.97).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources