PART 1Introductory

Citation, commencement and interpretation1

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 20052;

  • “community council” means a community council established in accordance with the provisions of Part IV of the Local Government (Scotland) Act 19733;

  • Directive” means Directive 96/82/EC of the European Council on the control of major accident hazards involving dangerous substances4;

  • “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 20015;

  • “National Park” and “National Park authority” have the same meaning as in the National Parks (Scotland) Act 20006;

  • “national waste management plan” has the same meaning as in the National Waste Management Plan for Scotland Regulations 20077;

  • “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 20058;

  • “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 20039; 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.